A. Acceptance of Terms
to your use of and participation in (i) the Sewamitra website and mobile application, including the classified advertisements,
forums, various email functions and Internet links, and all content and Sewamitra services available through the domain and
sub-domains of Sewamitra located at www.sewamitra.up.gov.in (collectively referred to herein as the "Website"), and (ii)
the online transactions between those users of the Website who are offering services (each, a "Service Provider Agency")
and those users of the Website who are obtaining services (each, a "Service User") through the Website (such services,
Website, including users who are also contributors of information, private and public messages, advertisements, and other
materials or Services on the Website.
The Website is currently owned and operated by Directorate of Training and Employment, Department Of Labour ,Uttar
Pradesh Government and for all Practical Purposes ‘SewaMitra’ in this documents is synonymous to Directorate of Training
and Employment,Department Of Labour,Uttar Pardesh Document.
You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information
between Service Provider Agencies and Service Users, and, by using, visiting, registering for, and/or otherwise participating
in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on "I have read
and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to
affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND
YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE
All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in
any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant
that business and "you" and "your" herein shall refer to that business.
The Directorate of Training and Employment, Department Of Labour,Uttar Pradesh Government, reserves the right, in its
herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and
The Directorate of Training and Employment, Department Of Labour,Uttar Pradesh Government has established a Privacy
B. Membership and Accessibility
1. LICENSE TO ACCESS
however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without Directorate
of Training and Employment, Department Of Labour,Uttar Pradesh Government’s prior written consent; (ii) you will not
alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended
with all applicable laws and relevant Government Orders of the Uttar Pradesh Government.
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under
applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration
information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your
use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account
(defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that
you are not complying with any applicable laws, rules or regulations.
You need not register with Sewamitra website to simply visit and view the Website, but to access and participate in certain
features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must
submit your name and email address through the account registration page on the Website and create a password. You will
also have the ability to provide additional optional information, which is not required to register for an account but may be
helpful to Sewamitra in providing you with a more customized experience when using the Website. You may also register
for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your Sewamitra password and, if applicable, your Third-Party Site Password
(collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible
for all activity that occurs on your Account and you shall notify Sewamitra Contact us team immediately of any breach of
security or any unauthorized use of your Account either through email or Call centre. Similarly, you shall never use another's
Account. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the
Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Sewamitra Website will be liable for your losses,
damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing,
you may be liable for the losses of Sewamitra or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
● You will not copy or distribute any part of the Website in any medium without Sewamitra Websites
prior written authorization.
● You will not alter or modify any part of the Website, in case if it is reasonably necessary to do so ,a
request needs to be sent through proper channel.
● You will provide true, accurate, current and complete information when creating your Account and you
shall maintain and update such information during the term of this Agreement so that it will remain
accurate, true, current and complete.
● You shall not use any automated system, including but not limited to, "robots," "spiders," "offline
readers," "scrapers," "Bots," etc., to access the Website for any purpose without Sewamitra's prior
● You shall not in any manual or automated manner collect Service Provider Agencies or Service Agents
information, including but not limited to, names, addresses, phone numbers, or email addresses, copying
copyrighted text, or otherwise misuse or misappropriate Website information or content, including but
not limited to, use on a "mirrored", competitive, or third party site.
● You shall not in any way that transmits more request messages to the Sewamitra servers, or any server
of a Sewamitra subsidiary or affiliate, in a given period of time than a human can reasonably produce
in the same period by using a conventional online web browser; provided, however, that the operators
of public search engines may use spiders or robots to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not caches or archives of such
material. Sewamitra reserves the right to revoke these exceptions either generally or in specific cases.
● You shall not recruit, solicit, or contact in any form- Service Provider Agencies or Service Agents for
employment or contracting for a business not affiliated with Sewamitra without express written
permission from Sewamitra.
● You shall not take any action that (i) unreasonably encumbers or, in Sewamitra's sole discretion, may
unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the
proper working of the Website or any third-party participation in the Website; or (iii) bypasses
Sewamitra's measures that are used to prevent or restrict access to the Website.
● You agree not to collect or harvest any personally identifiable data, including without limitation, names
or other Account information, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
regulations, guidelines and additional policies that Sewamitra may set forth from time to time, including without limitation,
a copyright policy and any other restrictions or limitations that Sewamitra publishes on the Website (the "Additional
Policies"). You hereby agree to comply with the Additional Policies as well as all the rules and regulations set by
Government of India Government of Uttar Pradesh and your obligations thereunder at all times. You hereby acknowledge
and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein,
including the Account Policies, membership eligibility criteria or Additional Policies, rules and regulations set by
Government of India Government of Uttar Pradesh, Sewamitra, in its sole discretion, may terminate your Account at any
time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text,
images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting
of your Service ("Offer"), the posting of your desired Service(Day Job/Project Work) ("Want"), or the posting of any
opinions or reviews in connection with the Website, the Service, the Service Provider Agency, or the Service User
("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the
posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
● misrepresents the source of anything you post, including impersonation of another individual or entity
or any false or inaccurate biographical information for any Service Provider Agencies; provides or
under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable
information of any Minor, including, but not limited to, name, email address, home address, phone
number, or the name of his or her school;
● invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally
identifiable information, such as names, email addresses, phone numbers, passwords, account
information, credit card numbers, home addresses, or other contact information without their knowledge
and willing consent;
● contains falsehoods or misrepresentations that could damage Sewamitra or any third party;
● is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening,
discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography,
obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that
would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism,
hatred or physical harm of any kind against any group or individual; contains nudity, violence or
inappropriate subject matter; or is otherwise inappropriate as per the law of the land;
● is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful
owner to post the material and to grant Sewamitra all of the license rights granted herein;
● contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as
pirated computer programs or links to them, information to circumvent manufacture installed copyprotection
devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music,
works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of
which infringes on another's copyright, intellectual property right, or any other proprietary right;
● is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group
of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race,
or religion; or to incite or encourage anyone else to do so;
● intends to harm or disrupt another user's computer or would allow others to illegally access software or
bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the
identity of, or attempts to impersonate a Sewamitra employee, agent, manager, host, another user, or
any other person though any means;
● advertises or solicits a business not related to or appropriate for the Website (as determined by
Sewamitra in its sole discretion);
● contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate
marketing", or unsolicited commercial advertisement;
● contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online
● distributes or contains viruses or any other technologies that may harm Sewamitra, or the interests or
property of Sewamitra users
non-local or irrelevant content;
● contains identical content to other open Postings you have already posted; or uses any form of automated
device or computer program that enables the submission of Postings without the express written consent
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
● offers to make national or international money transfers for amounts exceeding the asking price of a
service, with intent to request a refund of any portion of the payment; or
● unsolicited advertising or marketing of a service not offered on the Website .
3. NO DISCRIMINATION
1. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion,
sex, national origin, age, handicap or other protected class. Sewamitra will not knowingly accept any Posting which is in
violation of the law. Sewamitra has the right, in its sole discretion and without prior notice to you; to immediately remove
any posting that discriminates or is any way in violation of any law.
2. PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
● post content or items in any inappropriate category or areas on the Website;
prohibitions described above;
● fail to deliver payment for Services purchased by you, unless the Service Provider Agency has
materially changed the description of the Service description after you negotiate an agreement for such
Service, a clear typographical error is made, or you cannot authenticate the Service Provider Agencies’
● fail to perform Services purchased from you, unless the Service User fails to materially meet the terms
of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is
made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or
interfere with other users' Postings;
● circumvent or manipulate our fee structure, the billing process, or fees owed to Sewamitra; post false,
inaccurate, misleading, defamatory, or libelous content (including personal information about any
● take any action that may undermine the Feedback or ratings systems (such as displaying, importing or
exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another
user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback
for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service
to be provided; (b) leaving Feedback in order to make the Service Provider Agency or Service User appear better than he or
she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Provider Agency or a Service
User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving
Feedback, Sewamitra, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your
Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the
2. Reporting Inappropriate Use of Feedback. You may contact Sewamitra regarding any inappropriate use of Feedback viaemail
3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning
Feedback, Sewamitra shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN
USERS OF THE WEBSITE CONCERNING FEEDBACK, SEWAMITRA HAS THE RIGHT, IN ITS SOLE AND
ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE
WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Sewamitra reserves the right to (a)
terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove,
move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any
reason or no reason, or for any action that Sewamitra determines is inappropriate or disruptive to this Website or to any other
user of this Website and/or Services. Sewamitra reserves the right to restrict the number of e-mails or other messages that
you are allowed to send to other users to a number that Sewamitra deems appropriate in Sewamitra's sole discretion.
Sewamitra may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such
conduct. When legally required or at Sewamitra's discretion, Sewamitra will cooperate with law enforcement agencies in
any investigation of alleged illegal activity on this Website or on the Internet. Sewamitra does not and cannot review every
Posting posted to the Website. These prohibitions do not require Sewamitra to monitor, police or remove any Postings or
other information submitted by you or any other user.
D. Rules for Service Provider Agencies
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
(a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b)
misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in
their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do
not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT SEWAMITRA FEES
(a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website
may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical
services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the
opportunity through Sewamitra to purchase the Service or any other service outside of Sewamitra; (f) use their Profile page
or user name to promote services not offered on or through the Website and/or prohibited services.
In case we realize that any Service Provider Agency/Service Agent/Service Provider Agencies/Service Agent/professional
is involved in any of the above activities, Sewamitra holds the sole discretion to blacklist the Service Provider
Agency/Service Agent/Service Provider Agencies/Service Agent/professional and withhold any outstanding credits or
payments to the concerned.
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
Service Provider Agencies shall not: (a) solicit Service Users to mail cash or use other
payment methods not specifically permitted by Sewamitra as approved payment methods;
(b) include links that do not conform to Sewamitra's policies with respect to third-party
Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance,
giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit
a third-party Service Provider Agency for services or products directly connected with your
particular Posting (1) with more than 10 words of text at HTML font size greater than 3
and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the
necessary rights, licenses, permissions and/or authorizations from the applicable third party
to use that third party's name and/or logo), (2) with any promotional material in connection
with that third-party company, and/or (3) with a link to the third-party's website with any
information in addition to the Service provided via Sewamitra; (g) include third-party
endorsements in a Posting; or (h) create a Posting that does not offer a Service.
4. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDER AGENCIES
If a Service Provider Agency violates any of the above-referenced rules in connection with his or her Posting, Sewamitra,
in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Provider Agencies’
Account privileges; (c) suspend the Service Provider Agencies’ Account; (d) cause the Service Provider Agency to forfeit
any fees earned on a cancelled Posting; and/or (e) decrease the Service Provider Agencies’ status earned via the Feedback page.
The Agreement Signed by the Service Provider and the Directorate of Training and Employment needs to be abided by the
Service Provider and Service Providers’ Onboarding, Payment, Termination and usage conditions would be as per the agreement.
E. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a
Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service
when you do not meet the Service Provider Agencies’ terms as outlined in the Posting, or agree to purchase a Service with
the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Sewamitra in
connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Sewamitra, in its sole
discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c)
suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other
users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the
hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content
is published, Sewamitra does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who
have access to the Website is provided on a non-proprietary and non confidential basis. You agree that Sewamitra shall be
free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing
You are aware that any information provided by you in the Submitted Content towards locating a Service Provider
Agencyies/Service Agent/professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e.
a doctor or a lawyer) is not extended to Sewamitra.
Sewamitra may also disclose user information including personal information if Sewamitra reasonably believes that
disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal
requirement of any governmental authority, (ii) would potentially mitigate Sewamitra’s liability in an actual or potential
lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person
or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be
required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In
connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize Sewamitra to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner
each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the
of any Submitted Content posted by you to or through the Website.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO SEWAMITRA
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to
Sewamitra for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to
Sewamitra a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use,
reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in
connection with the Website and Sewamitra's (and its successor's) business operations, including without limitation, for the
promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and
through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your
Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform
license granted by you terminates once you remove or delete the Submitted Content from the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted
Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content,
the license granted above will automatically expire.
4. SEWAMITRA'S DISCLAIMERS AND RIGHT TO REMOVE
1. Sewamitra does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and
Sewamitra expressly disclaims any and all liability in connection with all Submitted Content. Sewamitra does not permit
copyright infringing activities and infringement of intellectual property rights on the Website, and Sewamitra will remove
any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure
described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights.
Sewamitra reserves the right to remove any Data or Submitted Content without prior notice. Sewamitra will also terminate
a user's access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who
has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more
than twice. Sewamitra also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted
violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or
excessive length. Sewamitra may remove such Submitted Content and/or terminate a user's access for uploading such
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety
of sources, and that Sewamitra is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content
that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against Sewamitra with respect thereto, and agree to indemnify and hold Sewamitra,
its owners, members, managers, operators, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content
that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that
Sewamitra may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content
that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety
of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Sewamitra, whether
by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website,
including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as,
non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Sewamitra is free to use, without
any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and
proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not
limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly,
products and services using such Suggestions. You understand and agree that Sewamitra is not obligated to use, display,
reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no
right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
J. Copyright Infringement Take Down Procedure
Sewamitra has high regard for intellectual property and expects the same level of standard to be employed by its users.
Sewamitra may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website
of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement
and/or trademark infringement, please send the following information to us at help@Sewamitra.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single
online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Sewamitra to
locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or
trademark owner, its agent, or the law;
(iv) Information reasonably sufficient to permit Sewamitra to contact you as the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is
allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the
owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you
comprised of the foregoing points is referred to herein as the "Notice."
Only the intellectual property rights owner is permitted to report potentially infringing items through Sewamitra's reporting
system set forth above
K. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
Sewamitra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the
Website (or any part thereof) with or without notice and in its sole discretion. You agree that Sewamitra shall not be liable
to you or to any third party for any modification, suspension or discontinuance of Sewamitra services.
2. TERMINATION BY SEWAMITRA
You hereby acknowledge and agree that Sewamitra, in its sole and absolute discretion, has the right (but not the obligation)
to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate
your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content
on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation,
3. TERMINATION BY YOU
the link in your Account under "Account Preferences" to "Deactivate Account."
4. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer
or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts,
incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right
to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the
Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or
other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Sewamitra system.
Unless Sewamitra has previously cancelled or terminated your use of the Website (in which case subsequent notice by
Sewamitra shall not be required), if you provided a valid email address during registration, Sewamitra will notify you via
email of any such termination or cancellation, which shall be effective immediately upon Sewamitra's delivery of such
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate;
and you shall promptly destroy all copies of Sewamitra Data (as defined below), Marks (as defined below) and other content
in your possession or control. You further acknowledge and agree that Sewamitra shall not be liable to you or any third party
for any termination of your access to the Website. Upon Termination of Service, Sewamitra retains the right to use any data
collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted
Sewamitra hereunder shall remain in effect for the foregoing purpose. In no event is Sewamitra obligated to return any
Submitted Content to you. Sections K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of
the Website or your Account.
You agree to indemnify and hold Sewamitra, and its officers, managers, members, affiliates, successor, assigns, agents,
Service Provider Agencies, suppliers, and employees harmless from any claim or demand, including reasonable attorneys'
fees and court costs, made by any third party due to or arising out of the Termination of Service.
L. Intellectual Property Rights
1. SEWAMITRA OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by Sewamitra. Other trademarks, names and logos on this Website are the
property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. Sewamitra reserves all rights not expressly granted
in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted
herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial
purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary
notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website
or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. SEWAMITRA'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website contains Sewamitra's Data and Marks, which are, or may become, protected by copyright, trademark, patent,
trade secret and other laws, and Sewamitra owns and retains all rights in the Sewamitra Data and Marks. Subject to these
and display the Sewamitra Data (excluding any software source code) solely for your personal use in connection with
accessing and participating in the Website.
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell.
M. Sewamitra Fees
1. FEES INCURRED BY SERVICE PROVIDER AGENCIES
Sewamitra requires Service Provider Agencies to make payments after completion of jobs/Projects. In order to be eligible
to make such Fee payment(10% of the total cost of Job/Project) , Service Provider Agencies shall be required to make
advance payments (“Credits”) in their wallet from which the Fee may be deducted as and when necessary. Whenever the
Credits fall below the prescribed threshold, the Service Provider Agency shall be prompted to refill the Credits in order to
continue enjoying the ability to and contacting Service Users.
The Service Provider Agency is entitled to refund of credits that is credited back in their wallet in the following conditions:
1. Refunds are processed only when a customer has cancelled the request.
2. Refunds are processed if the customer has not viewed Bid in case of Project work and not cancelled request 4 days after
Sewamitra reserves the right to Frame rules for deciding fees for any services offered through its portal in order to regulate
pricing and promote fair competetion in the larger public interest.
2. FEES INCURRED BY SERVICE USERS
Joining Sewamitra, opening an Account, viewing posted Services, and selecting posted Services is free. Sewamitra currently
does not charge Service Users for transactions completed on the Website between Service Users and Services Service
Provider Agencyies/Service Agent/professionals. However, Sewamitra reserves the right to charge a fee to Service Users in
the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to
this Fee Policy are effective after Sewamitra has provided you with thirty (30) days' notice by posting the changes on the
If applicable, you agree to pay all fees or charges to your Account based on Sewamitra's fees, charges, and billing terms then
in effect. If you do not pay on time or if Sewamitra cannot charge your credit card, any payment gateway or other payment
method for any reason, Sewamitra reserves the right to either suspend or terminate your access to the Website and Account
any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be
billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or
register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a
balance due on any account, you agree that Sewamitra may charge such unpaid fees to your credit card or otherwise bill you
for such unpaid fees. Sewamitra reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion,
to recover such outstanding amounts.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and
a Service Provider Agency who choose to enter into an Agreement for Service. Because state and local tax laws vary
significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting
requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.
Further, you understand that Sewamitra shall not be responsible or liable in any manner in relation to tax liability of a Service
User or a Service Provider Agency.
4. REFUND POLICY
All commissions payable to Sewamitra by Service Provider Agencies on consummated transactions, i.e. exchange of
services for consideration, are final and non-refundable.
All money paid by Service Provider Agencies in form of “Credits” are non-interest bearing and shall be refunded to the
Service Provider Agencies if they remain un-utilised for a period greater than 364 days only. Such amounts shall not be
refunded prior to that.
If poor customer service(including failure to provide service even after Committing) or inappropriate behavior with
customers results in the Service Provider Agencies/Service Agent/professional being de-listed from the SewaMitra platform,
then all credits (purchased or promotional) will have to be forfeited, and there will be no refund made in such a case.
N. Negotiation of Terms of Service; Disputes Between Registered Users
1. NEGOTIATION IN PROJECT WORK AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Project work,
Sewamitra provides a general framework for negotiating the terms of Service (e.g., rate or timeframe). Registered Users
acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future
in connection with the applicable Project; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a
signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Contract.
Sewamitra makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken
by a user following the information or using the resources offered or provided on or through the Websites. In no way will
Sewamitra be responsible for any actions taken or not taken based on the information or resources provided on this Website.
If you have a situation that requires Service Provider Agencyies/Service Agent/professional advice, you should consult a
qualified specialist. Do not disregard, avoid or delay obtaining Service Provider Agencyies/Service Agent/professional
advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
2. SEWAMITRA IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that Sewamitra is NOT a party to any oral or written Agreement for
Service, Project Work Contract, or any contract entered into between Registered Users in connection with any Service
offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that
Sewamitra only seeks to provide a platform wherein the Service User and Service Provider Agency can be brought together
and Sewamitra itself has no role in the execution or provision of Services.
3. NO AGENCY OR PARTNERSHIP
including without limitation, the Project work Contract or Agreement for Service. You do not have any authority whatsoever
to bind Sewamitra in any respect. All Service Provider Agencies are independent contractors. Neither Sewamitra nor any
users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf
of the other.
4. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions
with individuals and/or organizations found on or through the Website, including payment of and performance of any
Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are
solely between you and such individual or Service Provider Agencies. However In case of any Grievance, that would be
decided appropriately through defined escalation matrix.
You understand that deciding whether to use the Services of a Service Provider Agency or provide Services to a Service
User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or
Feedback, is your personal decision for which alone are responsible.
In case of any grievance between Service Provider Agency and service user ,concerned Regional Employment
Officer/District Employment Officer shall mediate for amicable resolution of the Grievance.
O. Dispute Resolution
If a dispute arises between you and Sewamitra, our goal is to provide you with a neutral and cost effective means of resolving
the dispute quickly. Accordingly, you and Sewamitra hereby agree that we will resolve any claim or controversy at law and
in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a
resolution via e-mail at Sewamitra.email@example.com. The dispute shall be resolved through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to litigation.
1. GOVERNING LAW
Agreement will occur exclusively in the courts under the Jurisdiction of High Court ,Allahabad, Preferably in Lucknow,India.
Aspects of the Website and other Sewamitra services may be supported by advertising revenue. As such, Sewamitra may
display advertisements and promotions on the service. The manner, mode and extent of advertising by Sewamitra on the
Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement
by Sewamitra of any advertised products or services. You agree that Sewamitra shall not be responsible or liable for any
loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers
on the Website.
Q. Third-party Links, Contact Forms and Phone Numbers
The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or
resources, including, without limitation, social networking, blogging and similar websites through which you are able to log
into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website
may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure
your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts
in your third-party site account. Because Sewamitra has no control over such sites and resources, you acknowledge and
agree that Sewamitra is not responsible for the availability of such external sites or resources, and is not responsible or liable
for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly
stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Sewamitra's
endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree
that Sewamitra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or
through any such website or resource. The Third-party website may have different privacy policies and terms and conditions
and business practices than Sewamitra. In certain situations, you may be transferred to a Third-party website through a link
or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or
transacting with Sewamitra. In these situations, you acknowledge and agree that the Third-party website terms and
other than Sewamitra are solely between you and such third party. Any complaints, concerns or questions you have relating
to materials provided by third parties should be forwarded directly to the applicable third party.
R. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AN INFORMED DECISION. TO THE FULLEST
EXTENT PERMITTED BY LAW, AND SEWAMITRA AND ITS OFFICERS, MANAGERS, MEMBERS,
EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDER AGENCIES,
SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS
WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS,
SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE,
INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS
OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH
THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL
CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE"
AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SEWAMITRA DOES
NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT,
INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD
PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE
PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA,
CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SEWAMITRA DOES NOT
ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. SEWAMITRA WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY,
INCLUDING THIRD PARTY SERVICE PROVIDER AGENCIES OF PRODUCTS OR SERVICES. AS WITH THE USE
OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
S. Limitations of Liability
1. IN NO EVENT SHALL SEWAMITRA, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS,
EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDER AGENCIES,
SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER
RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY
SERVICE PROVIDER AGENCIES VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN
AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR
SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA,
MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED
CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE
BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR
SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A
PROJECT JOB, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE
FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS
OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
OR SERVICE USER OR SERVICE PROVIDER AGENCY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT,
INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT SEWAMITRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF SEWAMITRA, OR ANY OF THE ABOVEREFERENCED
RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR
SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SEWAMITRA BY YOU
YOU HEREBY ACKNOWLEDGE AND AGREE THAT SEWAMITRA SHALL NOT BE LIABLE FOR SUBMITTED
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE
USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SEWAMITRA SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY
CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR
CONTROLLED BY SEWAMITRA. SEWAMITRA DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO
RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY
WEBSITES. IN ADDITION, SEWAMITRA WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY
THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE SEWAMITRA FROM ANY AND
ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE
WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.
3. FORCE MAJEURE
than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may
include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God,
acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
T. Indemnification and Release
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SEWAMITRA, AND ITS OFFICERS,
MANAGERS, MEMBERS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE
PROVIDER AGENCIES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO
ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE;
VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT,
PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR
SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION
OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE SEWAMITRA
(AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES,
AFFILIATES, SERVICE PROVIDER AGENCIES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES)
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY SEWAMITRA WITHOUT RESTRICTION.
U. No Third-party Beneficiaries
W. General Information
Sewamitra on the Website, shall constitute the entire agreement between you and Sewamitra concerning the Website. If any
such right or provision.
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within