User Agreement,Terms and Conditions

This Agreement  came into effect from 1st May 2023

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information in this User Agreement.

DEFINITIONS:

1. “Account” means the account associated with your email address.
2. “Flexi” or “Gig” means part-time, project based or Contract worksor Permanent assignments.
3. “FinGig.Pro”, “we”, “our”, “company”or “the company” or “us” means Belginjava Management Consultancy (BMC) and it division FinGig.Pro. 
4. “Gig Provider” means clients (firms, companies/organisations etc) who sign up talent through the Website or Direct.
5. “Gig Professional/talent” means Individual/Entitieswho sign up on the Website looking for opportunities.
6. “Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
7. “Expert” means a senior executive leader (CXO/senior management/head) or Subject Matter specialist(SME)  with minimum experience of 15 years for CXO role and minimum 45 years of age
8. “Assignment/Project/Gig” .A “Project” means a project, assignment, job, task, work, deliverable, or requirement for services posted or uploaded to the Site by a Client and undertaken or provided by an Expert;
9. “FinGig.Pro Services” means all services provided by us to you.
10. “User”, “you”or “your” means an individual or company who visits or uses the Website. “You” means (as applicable) the person or the entity registered with FinGig.Pro as either a Client or an Expert. If you are registering with FinGig.Pro or accepting a Project on behalf of your Client or business organisation, you in your individual capacity will be taken to have been duly authorised to act on your employer’s behalf and these Terms of Use  shall be binding on your employer.
11. “User Contract” means: (1) this User Agreement; and (2) any other contractual provisions accepted by both the Gig Talent and Gig Provider uploaded to the Website, to the extent not inconsistent with the User Agreement; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement; and (5) any other material incorporated by reference from time to time.
12. “Website” means the Websites operated by FinGig.Pro and available at: www.FinGig.Pro  and any related FinGig.Pro service, tool or application, specifically including mobile web, any iOS App and any Android App, or other access mechanism.

 

Terms of Usage

1.Overview

By accessing the Website, you agree to the following terms with FinGig.Pro.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an offline/online platform that enable Gig Providers providing flexible/part-time, project-based roles to be matched using a corresponding manual or algorithm with Gig Professionals and to transact with them. Gig Providers and Gig Professionals must register in order to avail services provided by FinGig.Pro. FinGig.Pro may introduce other value-added services at its own discretion. We are not a party to any contractual agreements between Gig Provider and Gig Talent in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2.Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement and the privacy policy.. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website.

3.Eligibility

You will not use the Website if you:

1. are not able to form legally binding contracts;
2. are under the age of 18;
3. a person barred from receiving and rendering services under the laws of your country of residence/citizenship  or other applicable jurisdiction;
4. are suspended from using the Website; or
5. do not hold a valid email address.
6. do not have the right work permit if required

 

Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. 

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account.

We may, at our absolute discretion, refuse to register any person or entity as a User.You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent from FinGig.Pro.

4.Using FinGig.Pro Website

While using the Website, you will not attempt to or otherwise do any of the following:

1. post content or items in inappropriate categories or areas on our Websites and services;
2. infringe any laws, third party rights or our policies, such as the Privacy Policy;
3. fail to deliver payment for services delivered to you;
4. fail to deliver work taken up by Gig Talent to Gig Provider;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to FinGig.Pro;
6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
8. transfer your FinGig.Pro account (including feedback) and Username to another party without our consent whenever made available
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm FinGig.Pro, the Website, or the interests or property of FinGig.Pro users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
12. copy, modify or distribute rights or content from the Website or FinGig.Pro’s copyrights and trademarks; or
13. harvest or otherwise collect information about Users, including email addresses, without their consent.

 

5.Intellectual Property Rights

It is our policy to respond to clear notices of alleged intellectual property rights infringement.. If you believe that your Intellectual Property Rights have been violated, please notify us via hello@fingig.pro and we will investigate.

6.Fees and Services

We may charge fees for certain services, such as subscription fee, success-based fee, value added services such as branding, Mark up on contract, fee for specific services like Background verification and fee for other specific services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees shall be  quoted in Indian Rupees or United States Dollar, depending on the jurisdiction where the Services were requested and subsequently delivered .

7.Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the services provided.

You acknowledge that you will comply with the  income tax provisions of the applicable jurisdiction. . 

All payment made under this User Agreement shall be exclusive of any direct/indirect taxes such as General Sales Tax(GST) of withholding tax or any other applicable taxes and will be subject to withholding taxes (TDS) as applicable

8.Promotion

We may display your company or business name, logo, images or other media as part of the FinGig.Pro Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing

You acknowledge that we may use the public description of your Projects/Gigs and the content of your profile information on the Website for marketing and other related purposes. 

9.Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person or organisation;
2. will not violate any law or regulation;
3. will not be defamatory or trade libellous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

    

Information on the Website may contain general information helping our users become more productive and efficient in their personal and professional lives. The information is not professional advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

10.Feedback and Reviews

You acknowledge that you transfer copyright of any feedback or reviews you leave consisting of comments. You acknowledge that such feedback and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

11.Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by FinGig.Pro or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

12.Communication With Other Users

Communication with other users on the Website must be conducted through the messaging functionality and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to ZOOM/GoogleMeet/Microsoft Teams/Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.

FinGig.Pro may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

13.Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity/professional/educational/other records as published in the CV/Profile You must, at our request: (1) provide further information to us, which may include your date of birth/Passport/Citizen identification card/other such government provided identifications and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address; or (3) verify your information against third party databases or through other sources.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or FinGig.Pro Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. 

14.User Services

Upon the Gig Provider awarding a Project/work to the Gig Talent, and the Gig Talent’s acceptance on the Website, the Gig Provider and Gig Talent will be deemed to have entered into a User Contract under which the Gig Provider agrees to purchase, and the Gig Talent agrees to deliver the Gig Talent Services. You agree not to enter into any contractual provisions in conflict with this User Agreement.FinGig.Pro is only a facilitator and shall not be deemed to be a  party to this User Contract

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.

Nothing in this User Agreement is intended to violate any laws relating to contract laws. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Gig Providers and Gig Talents is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between FinGig.Pro and any User.

15.Special Provisions for Job/Project Posting

Each User acknowledges:

1. FinGig.Pro does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Job postings;
2. FinGig.Pro provides matching and platform services only. Users agree that FinGig.Pro has no liability for any other aspect of service delivery or interaction between Gig Provider and Gig Talent. FinGig.Pro is not a party to any disputes between Gig Provider and Gig Talent;
3. A User must never disclose, in any Project posted, personal details such as the User’s name, street number, phone number or the email address or in any other public communication on the Website (these may be disclosed for Jobs as required in private direct messages);
4. Failure to complete the service or task will constitute a breach of this User Agreement.

 

16.Ratings

The Website provides a User an option to rate the performance of a User with whom such User has worked with or through the Website. Such rating shall be provided based on the parameters set by the Website and shall be in the manner of the “star rating” system. The ratings so provided by a User will be a factor to arrive at the rankings of a User on the Website algorithm. Any User receiving Feedback or rating from another User shall be able to review the ratings or Feedback so provided and if the Feedback is untrue, inaccurate or lack any reasonable detail of the correctness of such ratings or Feedback,  such rating and/or Feedback can be reported to the email ID provided in Clause 51 of this User Agreement.

17.Rankings

FinGig.Pro may use certain algorithm and include the ratings provided by a User regarding the other User/s to undertake an evaluation of the services provided by the User or performance of its obligations to arrive at the rankings of the User with respect to the domain and the services provided by such User or performance of such User’s obligations. The rankings so arrived at shall be based on the evaluation undertaken solely by FinGig.Pro and no User shall be entitled to challenge the rankings so arrived at by FinGig.Pro. Rankings are generally increased or decreased based on various criteria arrived at using algorithmic systems based on the review of the activity of the User on the Website.

 

18.Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

1. if we determine that you have breached, or are acting in breach of this User Agreement;
2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. to manage any risk of loss to us, a User, or any other person; or
5. for other reasons.

    

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as may be decided by FinGig.Pro.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

19.Other Disputes With Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project, you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us via hello@fingig.pro

In relation to disputes with any other users of the Website, you hereby agree to indemnify FinGig.Pro from any and all claims, demands, and damages, actual and consequential, of every kind and nature.

It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

20.Disputes With Us

If a dispute arises between you and FinGig.Pro, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at hello@fingig.pro

FinGig.Pro’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

21.Force Majeure

Neither FinGig.Pro nor You shall be liable to the other for any delay or failure in performance under the User Agreement, other 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.

22.Privacy

We use your information as described in the FinGig.Pro Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

23.Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the FinGig.Pro Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

24.No Warranty as to Each User’s Purported Identity

We cannot and do not confirm each User’s purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

25.No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

1. the Website or FinGig.Pro services;
2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or FinGig.Pro services;
3. whether the Website or FinGig.Pro services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
4. whether defects in the Website will be corrected;
5. the Website or FinGig.Pro services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

    

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

26.Limitation of Liability

In no event shall FinGig.Pro, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, 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:

1. Access to or use of the Website or any services offered by any User 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;
2. Errors, mistakes, or inaccuracies of data, marks, Content, information, materials or substance of the Website or Content;
3. Any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein;
4. Any bugs, viruses, trojan horses, or the like 26 which may be transmitted to or through the Website by any third party.
5. Any interruption or cessation of transmission to or from the Website;
6. Any errors or omissions in any data, content, information, materials or substance of the Website or Content;
7. Any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, non-payment of dues, or any other dispute that arises between Users of the Website;
8. Any defamatory, offensive, or illegal conduct of any third party or User; or
9. Use of any data, marks, content, information, materials or substance of the Website or 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 FinGig.Pro 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.

    

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FinGig.Pro, OR ANY OF THE ABOVE- REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR CONTENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO FinGig.Pro BY YOU IN 1 (ONE) YEAR PRIOR TO THE OCCURRENCE OF THE EVENT WITH RESPECT TO THE SERVICE UNDER WHICH SUCH LIABILITY AROSE.

The Website may contain links to third-party websites that are not owned or controlled by FinGig.Pro. FinGig.Pro does not have any control over, and assumes no responsibility for, the Content, privacy policies, terms of use or practices of any third-party websites. In addition, FinGig.Pro will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve FinGig.Pro from any and all liability arising from Your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that You visit, including those directed by the links contained on the Website.

27.Indemnification

You agree to defend, indemnify and hold harmless FinGig.Pro, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, 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 (i) Your use of, access to, and participation in Website; (ii) Your violation of any provision of the Terms of Use, including the Privacy Policy; (iii) Your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; any claim that the content submitted by You caused damage to a third party; or (iv) breach of Your express or implied representations and warranties. This defence and indemnification obligation will survive these terms of service and Your use of the Website.

28.Modifications to or termination of Website

Modification or Cessation of Website: FinGig.Pro 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 FinGig.Pro shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered by FinGig.Pro.

Termination by FinGig.Pro: You hereby acknowledge and agree that FinGig.Pro, 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 Platform or otherwise terminate Your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Content submitted by You on the Platform, immediately and without notice, for any reason, including without limitation, Account inactivity or if FinGig.Pro believes or has reason to believe that You have violated any provision of this User Agreement.

Termination by You: You may cancel Your use of the Website and/or terminate the User Agreement with or without cause at any time by following the link in Your Account under “Delete Account” to deactivate Your Account and discontinue the use of the Website.

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 obtain services and Your right to receive any fees or compensation shall automatically terminate. You acknowledge and agree that Your right to receive any fees or compensation accrued for the period prior to termination is conditional upon You having

1. Properly used the Website.
2. Adhered to the User Agreement.
3. Maintained continuous activation of Your Account, and
4. Participated on the Website.

    

In the event of termination, 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 FinGig.Pro system.

Unless FinGig.Pro has previously cancelled or terminated Your use of the Website (in which case subsequent notice by the Website shall not be required), if You provided a valid email address during registration, FinGig.Pro will notify You via email of any such termination or cancellation, which shall be effective immediately upon FinGig.Pro’s delivery of such notice.

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 Our data, marks and other content in Your possession or control. You further acknowledge and agree that We shall not be liable to You or any third party for any termination of Your access to the Website. Upon termination, FinGig.Pro 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 FinGig.Pro hereunder shall remain in effect for the foregoing purpose. In no event is FinGig.Pro obligated to return to You any Content submitted by You. The provisions of these User Agreement which by their very nature are intended to survive termination, shall survive expiration or termination of the Website or Your Account.

You agree to indemnify and hold FinGig.Pro, and its officers, managers, members, affiliates, successor, assigns, directors, agents, 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.

29.Notices

Legal notices will be served to the email address you provide to FinGig.Pro during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to FinGig.Pro must be given by email to Belginjava Management Consultancy (FinGig.Pro) at the id provided herein hello@fingig.pro

30.No Partnership or Agency

Nothing in this User Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

31.Governing Law and Jurisdiction

If a dispute arises between You and FinGig.Pro, the Parties hereby agree that any claim or controversy at law and equity that arises out of this User Agreement or the Website shall be resolved in accordance with this Section or as We and You otherwise agree 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 www.FinGig.Pro. The dispute shall be resolved through discussions between the parties.

This Agreement will be governed in all respects by the laws of India. We encourage you to try and resolve disputes using mediation and discussions. If a dispute cannot be resolved then you and FinGig.Pro irrevocably submit to the non-exclusive jurisdiction of the courts of Dubai

32.Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

33.Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

34.No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

35.Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

36.General

Belginajava Management Consultancy (Division FinGig.Pro) is located at.Aspin Commercial Tower, 44th floor,Sheikh Zayed Road, Dubai, Dubai,79998, Dubai

This Agreement contains the entire understanding and agreement between you and FinGig.Pro. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

37.Abusing FinGig.Pro

FinGig.Pro reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

1. use of our services for any illegitimate or non bona fide purpose
2. creating problems with other users or potential legal liabilities.
3. infringing the intellectual property rights of third parties.
4. acting inconsistently with the letter or spirit of any of our policies.
5. abuse of any staff members including inappropriate or unreasonable communications.
6. any attempt to use FinGig.Pro’s platform or services for any objectionable purpose.

 

38.Acceptance and Scope of Projects 

Clients can post Project Briefs on the FinGig.Pro platform or otherwise be introduced to Experts through FinGig.Pro and/or the FinGig.Pro platform for Projects. Experts are free to accept or decline any Projects, provided however, that you may accept only those Projects:

• for which you have the requisite knowledge/expertise to deliver and complete the Project;
• that do not present a conflict of interest or breach any express or implied terms of any contract or of any other obligation legally binding upon you; and
• that relate to matters that you are permitted to discuss under applicable law and any obligations you may owe to another party (including contractual, employment, or otherwise).
• that are not offered by a client who may be reasonably considered a direct competitor of yours (or of your affiliates or portfolio companies) or a direct competitor of your employer /clients.
• You are expected to accept or decline a Project within two (2) business days and to adhere to any schedule or program you establish with the Client regarding the delivery of the Project.
• FinGig.Pro makes no representation regarding the frequency, quantity, or type of invitations to Projects you will receive or in which you will be chosen to participate.

 

39. Expert Conduct

Experts must act with the utmost professionalism and courtesy in any dealings with Clients and with FinGig.Pro. In performing any Project for a Client, the Expert must:

• use a high standard of care and skill to be expected of a consultant who regularly acts on projects or engagements like, and at least as sophisticated as, the Project;
• make all necessary enquiries of the Client to ascertain the Client’s requirements and objectives, including the Client’s requirements in relation to the Expert’s intellectual property;
• immediately inform the Client of any matter which may cause any budget or estimate of Fees to be revised;
• comply with any Client policy, direction, instruction, brief, program, or schedule;
• comply with all applicable laws; and
• Obtain any required insurances which may include professional indemnity, public liability and/or workers’ compensation insurance and provide evidence of such insurance upon request.

 

40. False and misleading information

You agree that you will not provide any false or misleading information or information which may mislead or deceive FinGig.Pro, Clients, or any other party in respect of any Project. You further agree not to provide any financial or investment advice to any Client, including, without limitation, any ratings or securities recommendations, unless you hold all necessary qualifications and licences and you have agreed in writing with the Clients.

41. Warranties

You warrant and represent that:

• the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by FinGig.Pro as soon as possible after any changes and in any case prior to a Project;
• you have never been: (i) convicted of an indictable offence; or (ii) the subject of an investigation by a securities regulator or other regulatory authority (state, federal or foreign); or (iii) a defendant in any proceeding where fraud or violation of laws or regulations including the taking of a false oath, the making of a false report, perjury or bribery or conspiracy to commit any such offense is alleged;
• if you hold a professional licence, you have not been subject to any disciplinary actions with respect to that licence by any state, federal, foreign, or professional body in the past 5 years;
• all work, documents and other deliverables produced by you in relation to a Project are reasonably suitable in all respects for the Client’s purposes.

 

42. Third Party Payroll Providers(TPPP)

You may be required to sign up with a third party payroll provider (“TPPP”) in order to work with particular Clients. You acknowledge and agree that the TPPP is not a related body corporate, associate or agent of FinGig.Pro and FinGig.Pro is not a party to any terms you sign with the TPPP. Where you sign up with a TPPP, all payments will be made to you by the TPPP after deducting taxes and other amounts as required by law.

43. Client provisions – In this clause, “you” means the Client.

43.1 Joining as a Client- You may join as a Client by completing all required documentation and training if any

43.2 Set-up and Scope of Projects – Clients are free to search, screen, and request Projects with Experts, via the Site or with the support of our team, consistent with the FinGig.Pro Services you have agreed with FinGig.Pro. Experts are free to accept or decline Projects at their discretion 

43.3 Client Conduct

Clients must act with the utmost professionalism and courtesy in any dealings with Experts and with FinGig.Pro. In using the FinGig.Pro Services, Clients must:

• use clear, complete and accurate information to describe the Project;
• make all necessary enquiries and satisfy yourself as to whether the Expert meets your requirements and objectives, including your requirements in relation to ownership of intellectual property;
• respect and acknowledge that an Expert’s capacity to supply their services may be limited by other Projects or obligations they may have to entities or institutions with which they are affiliated or employed; and
• ensure the Expert has in place its own appropriate insurance policies, including professional indemnity, public liability and/or workers’ compensation, in respect of any Project.
• Demonstrate fair and objective expectations in regard to anticipated timelines and  standards of work produced 

43.4 Conflicts

Clients must not knowingly or recklessly use the FinGig.Pro Services to access Experts who are engaged by a company reasonably considered a direct competitor of yours (or of your affiliates or portfolio companies) or a direct competitor of your clients.

43.5 Other Limitations on Use

Clients agree that you will not:

• ask Experts for advice or recommendations on financial matters, stocks, other investments, any ratings or securities, legal, medical, accounting or financial planning without first ensuring the Expert holds all necessary qualifications and licences and you have the appropriate terms of engagement in place.
• use FinGig.Pro Services to compete directly or indirectly with FinGig.Pro or any of the FinGig.Pro Services.

43.6. Confidentiality

The confidentiality undertakings in this clause apply to Experts, Clients and FinGig.Pro in respect of Confidential Information obtained by them (the “Recipient”) from another party, which may be the Expert, Client, FinGig.Pro or any third-party (the “Discloser”).

• A Recipient must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information, trade secrets, or other proprietary information of a Discloser without that Discloser’s prior written permission except as may be required by applicable law or legal process.
• Where the Recipient is legally required to disclose the Confidential Information, the Recipient shall inform the Discloser of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
• The Recipient must notify the Discloser immediately upon becoming aware of a suspected or actual breach of this clause 5.

In this clause, “Confidential Information” includes any documents or information created, received or obtained (as applicable):

• by FinGig.Pro from or on behalf of a Client or any other party in respect of any Project;
• by the Expert from or on behalf of a Client, FinGig.Pro or any other party in respect of any Project;
• by the Client from or on behalf of the Expert, FinGig.Pro or any other party in respect of any Project; and
• all non-public information pertaining to the Client’s or FinGig.Pro’s business (including, without limitation, the Client’s identity, past, present or future structure, business activities, strategies, and assets; products and their methods of production and distribution; financial affairs; network, communications, and technology; clients, customers, suppliers, distributors and their financial affairs, and any content marked confidential or that is by its nature confidential),

but excludes any information that a Recipient can show:

• is already in the public domain (through no breach of these Terms or other obligation of confidentiality);
• was known to the Recipient prior to its disclosure by the Discloser;
• was independently developed by the Recipient without breach of any obligation owed to the Discloser; or
• is received from a third party without breach of any obligation owed to the Discloser.

 

44. Payment for services

44.1 Expert Fees

Each Client and Expert is free to negotiate and agree the hourly, daily or other rates in respect of a Project (“Expert Fees”) via FinGig.Pro. In determining and agreeing the Expert Fees, the Expert should take into account any amounts to be deducted from the fees prior to payment to the Expert under these Terms and/or as agreed with FinGig.Pro or a TPPP (where applicable).

Unless otherwise agreed in writing between the Client and Expert, Experts will only be paid for the time spent working for Clients on Projects at the agreed rate and will not be paid for wait time or time set aside if a Project with a Client does not occur.

The Client and Expert must notify FinGig.Pro of the key terms (such as Project commencement, Project end date, conclusion of Project and fees payable to the Expert) prior to commencement (or immediately following commencement) of the Project. Expert Fees with respect to GST, VAT or any similar value-added tax, to be mutually agreed between Expert and Client

44.2 Service Fees

FinGig.Pro will receive a fee in respect of the FinGig.Pro Services (“Service Fee”) as agreed in writing between the Client and FinGig.Pro in accordance with the FinGig.Pro Service Agreement. FinGig.Pro will be entitled to receive the Service Fee in respect of any Projects undertaken by an Expert introduced by FinGig.Pro, regardless of whether the Client and Expert had a previous relationship.

44.3 Invoicing

The expert payment will be done by the Client directly unless otherwise agreed. FinGig.Pro billing for service fee will be made on the Client and paid directly as per details in the invoice . All payments to be released withing 7 days of date of invoice by the CLient, any delay will attract 15% interest for number of delayed days of payment

45. Termination

45.1 Termination of Terms

FinGig.Pro or the Expert or Client (as applicable) may terminate these Terms at any time, for any reason, effective upon written notice to the other party (or by FinGig.Pro terminating or suspending your account), provided always, that any such termination for convenience will not affect the validity of any contracts for Projects that have been executed prior to termination and these Terms will continue to apply to such Projects.

45.2 Termination of Projects

A Client may notify the Expert at any stage prior to the appointment of the Expert for a Project that it no longer requires the Expert for the Project, and such notice will have immediate effect. In these circumstances the Expert is not entitled to any payment in connection with the Project.

A Client may suspend or terminate a Project provided that the Client gives the Expert and FinGig.Pro the following notice of termination of Project:

1. for Projects of less than four weeks, 5 day’s notice in writing; or
2. for Projects of four weeks or more or where the Project involves the Expert working on a regular or systematic basis, 2 week’s notice in writing.

In each case the Client may elect to make a payment in lieu of notice. Termination will not relieve Client of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination.

46. Introductions

46.1 Non-solicitation

Where a Client and Expert have been introduced through FinGig.Pro, subject to clause 47.2, you must not:

• enter into any form of contract of employment (in which the Expert becomes an employee of the Client), contract for services, independent contractor agreement or any other contract or arrangement by which the Expert is to provide services to the Client (whether individually or through a third party intermediary); or
• approach, solicit, entice, offer to perform services (or in case of the Client, receive services), or otherwise engage or be engaged for reward (directly or indirectly), with any Client or Expert, in any way other than through the FinGig.Pro Services without the Client paying FinGig.Pro an Introduction Fee.

46.2 Non-solicitation Period

The obligations in clause 47.1 apply for so long as the Expert or Client is registered with FinGig.Pro, and for 12 months from the later of:

1. the time a Client first identifies an Expert through the FinGig.Pro Services; or
2. the time an Expert completes its last Project with a Client,

(the “Non-solicitation Period”) regardless of any relationship or previous dealings between the parties. This means that during the Non-Solicitation Period, you must use the FinGig.Pro Services as your exclusive method to engage with each other unless FinGig.Pro agrees (in writing) to the payment of an Introduction Fee.

THE CLIENT AND EXPERT MUST IMMEDIATELY NOTIFY FinGig.Pro IN WRITING OF ANY APPROACH, ENGAGEMENT OR CONTRACT CONTEMPLATED BY THIS CLAUSE. FAILURE TO DO SO IS A MATERIAL BREACH OF THESE TERMS.

46.3 Introduction Fee

Our Introduction Fee is:

1. Fee ranges between 15% to 25% (excl taxes) depending on type of Expert and is paid on the total projected first year / pro-rata remuneration package for the Expert (including base salary, superannuation, guaranteed bonus and any other benefits provided to the Expert);
2. if the Expert is retained under an independent contract or services agreement, 25% (excl taxes) of the total projected first year of services fees and benefits payable under that agreement; or
3. such other rate or amount as agreed in writing between FinGig.Pro and the Client.

Upon the Expert accepting an offer from the Client, the Client and Expert must immediately provide all information required by FinGig.Pro to calculate the Introduction Fee and FinGig.Pro will issue a nvoice to the Client. The Client must pay the Introduction Fee within 7 days of the date of invoice.

46.4 Acceptance

Clients and Experts accept and acknowledge that these obligations are reasonable in every respect. Further, FinGig.Pro need not suffer or prove any demonstrated loss before enforcing the rights under these provisions.

47. Liability of FinGig.Pro

When using the Site and FinGig.Pro Services you acknowledge and agree that:

• FinGig.Pro is an online platform where Clients are able to access, review, and receive an introduction, connection or referral to Experts who have registered with the Site.
• FinGig.Pro is not a party to and will not have any liability with respect to the Projects or service arrangements as between Client and Experts.
• FinGig.Pro relies on the information that Experts and Clients provide for the Expert profiles and Project Briefs on the Site. FinGig.Pro makes no representations as to the reliability, capability, or qualifications of any Experts or the quality, security or legality of any services provided by such Experts, and FinGig.Pro disclaims any and all liability relating thereto.
• FinGig.Pro does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of listings, the qualifications, background, or identities of Experts, the ability of Experts to deliver services, or that an Expert can or will actually complete a project.
• Without limiting the foregoing, to the extent permitted by law, FinGig.Pro makes no warranties, express or implied regarding or relating to the Experts or the Projects.
• You are solely responsible for all decisions you make in connection with any services you choose to purchase as a Client or provide as an Expert. 
• FinGig.Pro does not provide advice in relation to the suitability of an Expert, Project or Client, nor do we take into account any Client’s or Expert’s individual circumstances when we provide the FinGig.Pro Services.

To the extent permitted by law, FinGig.Pro will not be liable for:

• the Project, the scope of the Project or any changes to the Project;
• any deliverables, work, opinion or information provided by the Expert;
• services not performed in accordance with these Terms;
• the accuracy of information or documents, including the Experts’ profiles, background, capabilities or statements provided to or by the Client;
• any claims arising out of or in connection with these Terms, any of the subject-matter of the Expert’s services or the Project, for breach of law, contract, negligence or any other liability whatsoever;
• any other terms of engagement the Client and Expert might reach or agree; or
• any breach or alleged breach of another party’s intellectual property rights arising in respect of the services or these Terms.

To the maximum extent permitted by law, in no circumstances will FinGig.Pro be liable for any direct, indirect, special or consequential losses or damages, loss of income, profits, goodwill, data, contracts, use of money or business interruption of any type arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use the FinGig.Pro Services. To the extent the foregoing limitation of liability is prohibited, or in the event that FinGig.Pro is found to be liable despite the limitation above, our total aggregate liability in a year is limited to $100.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

1. in the case of products:
   1. the replacement of the products or the supply of equivalent products; or
   2. the payment of the cost of replacing the products or acquiring equivalent products;
2. in the case of services:
   1. the supply of the services again; or
   2. the payment of the cost of having the services supplied again.

 

48. Indemnity

You agree to indemnify, defend and hold harmless, FinGig.Pro and its affiliates, successors and assigns (and its and their officers, directors, employees, sublicensees, and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of or relate to:

• your improper use of the FinGig.Pro Services;
• your breach of these Terms;
• without limiting the foregoing, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the FinGig.Pro Services;
• the use of any intellectual property created in respect of the FinGig.Pro Services; or
• any taxes assessed to FinGig.Pro (including any payroll tax, but not any income tax) or superannuation contribution obligations arising from the supply of services by the Expert to the Client or the Fees paid for those supplies.

 

49. General

49.1 Assignment and Subcontracting

Neither the Expert nor the Client may subcontract, transfer or assign these Terms (or the benefit of the relationship with FinGig.Pro) without FinGig.Pro’s prior written consent. FinGig.Pro may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Terms (or part thereof) or grant or confer the benefit of any right arising under these Terms.

49.2 Severability and Waiver

If a particular term of these Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Terms does not mean we waive any rights that we may have.

49.3 Amendment

Any terms agreed between the Client and Expert in relation to a Project will be binding on the Client and the Expert and, to the extent that those terms conflict with these Terms, those terms will take priority as between the Client and the Expert (but shall not bind FinGig.Pro in any way). Any terms which attempt to alter or modify these Terms as they apply to FinGig.Pro must be agreed by FinGig.Pro in writing.

We may modify these Terms from time to time by posting the modification(s) or updating these terms and conditions on our website: www.FinGig.Pro. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you continue to participate as an Expert or Client after any modification becomes effective, then your participation will constitute acceptance of such modification.

50.Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at hello@fingig.pro.