GetFriday

TTK Services Pvt. Ltd. provides this service to you, subject to the following Terms of User Agreement ("TOU") that may be updated by us from time to time without notice to you. In addition to this, you shall be subject to the operating rules / policies applicable to the membership plans on GetFriday.com which may be posted from time to time. TTK Services may also offer other services / plans on this website or different services on its other websites like YourManInIndia.com (YMII) that are governed by different Terms of Service AS MAY BE APPLICABLE.

GetFriday.com ("GetFriday", "we", or "us") through this web site (the "Site") provides information, recommendations and Virtual Assistant services (the "Services"). The term 'Remote' to indicate anything that can be handled through the Internet, phone, email or other digital means.

The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the "Content") available on the Site are set forth in this Terms of User Agreement ("TOU"). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you ("you" or "your," or “Client” or “User” as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOU.

Except as is provided in the GetFriday privacy policy, GetFriday reserve the rights, at any time, to modify, alter or update this TOU from time to time without prior notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at Terms of use. Use of the site or services after such changes have taken effect constitutes of all changes.

Please also note that if GetFriday determines at any time that you have abused or violated any of these terms, conditions and guidelines, GetFriday reserves the right to terminate your access to the Site and Services immediately without notice.

By using the Website, you warrant that you have read and reviewed this TOU and that you agree to be bound by it. If you do not agree to be bound by this TOU, you may leave the Website immediately. GetFriday only agrees to provide use of this Website and Services to you if you assent to this TOU.

By using this Website, you also warrant that you have read and reviewed the Terms and Conditions as applicable to the Monthly Membership Plans and agree to be bound by it. In the event of a custom quote for Business Services or Specialised Services, you agree to be bound by the terms and conditions of the specific contract for that service entered into between you and GetFriday. You agree to provide your assent to such terms and conditions over and above and in addition to the TOU mentioned herein.

Eligibility

The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with GetFriday or one of its distributors. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of eighteen (18). If you do not qualify, you may neither use the Services nor the Site.

User Name, Password and Security

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password and for any use of our Services with your username and password. You agree not to share your username or password with anyone. You agree to immediately notify GetFriday of any unauthorized use of your username and Password or any other breach of security related to the Site. GetFriday will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password or to otherwise comply with this section.

Links to Third-Party Sites

Some of the links on the Site may allow you to leave GetFriday.com website. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under GetFriday's control, and GetFriday does not assume any responsibility or liability for any information, content, communications, services, goods or other materials available on such third-party linked sites or for any changes or updates to such sites. GetFriday does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only..

Requests & Tasks

Each request (task) must be submitted by phone, email, chat, any other mutually accepted digital means or through GetFriday’s dashboard access. Please send your requests individually; this means that each communication you have with your assistant should contain only one, defined, task. You're more than welcome to submit multiple tasks at one time, but we ask that you send a separate email for each. This ensures the fastest possible turn around for each task.

Prohibited Uses

As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to

1.Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization
2. Harass others by "mail-bombing" or "news-bombing", using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others3. Threaten, harass, defame, embarrass or distress any person or group
3. Distribute computer viruses, worms, or any software/s intended to damage or alter a computer system without the owner's consent., reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services, not to violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network
4. Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic
5. Post or send any unlawful, harmful, defamatory, slanderous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material
6. Post, send or relay any unsolicited advertising
7. Post or send any chain letters or pyramid schemes
8. Post or send any fraudulent or misleading offers of products, items, loans, or other services
9. Post any misleading, inaccurate or fraudulent information
10. Post any junk e-mails
11. Post any duplicative or unsolicited messages
12. Harvest or otherwise collect information about others, including e-mail addresses, without their specific consent
13. Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message
14. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.

Use of Client information, documents, property and materials

You may provide GetFriday with information and access to content, images and licensed software and equipment to enable us to provide services. GetFriday warrants that all your information, documents, property and materials will be used exclusively in connection with the performance of the Services under this TOU and not for any other purpose. It is Client's responsibility to inform GetFriday if any information shared needs to be treated as confidential and how to handle such information. You must ensure that the information or any property or materials provided by you does not violate any applicable laws or infringement of intellectual property rights.

If you recommend your GetFriday assistant to use any content or images from paid/copyrights sources, you are responsible to purchase such content/images before the GetFriday assistant uses them to provide the required service. You must ensure that all appropriate permissions/license/consent to use such content or images have been obtained and there are no violations of copyright laws.

If you recommend us to use any licensed software to provide services, you must ensure that you hold the valid license for it and that our use of the software is within the scope of the licensing terms and conditions.

Service warranty

GetFriday is responsible for the quality of the work it delivers and commits to making all reasonable efforts to deliver quality deliverables, on a 'best-effort' basis only, unless the inability to deliver as agreed is attributable to reasons beyond GetFriday’s control. All information provided is based on freely available online information and there is no warranty on any of the information, tasks, or projects delivered to the Client.

Ownership of Intellectual property

GetFriday acknowledges that all documents, work product and other materials that are delivered to Clients under this TOU (“deliverables”) shall be deemed as "works-made-for-hire" and the authorship shall belong exclusively to the Client. Except as provided otherwise in this TOU, each party retains sole and exclusive ownership of all data, documents, results, ideas, discoveries, know- how, methodologies, inventions, reports and works of authorship, whether or not patentable or subject to copyright, which may be made, written, conceived or reduced to practice by them or any third-party, and any derivative works of such intellectual property created after the effective date; provided that such derivative work (a) does not arise from the confidential information of the other party; and/or (b) is not created specifically for the other party.

GetFriday is, and shall remain, the sole and exclusive owner of all right, title and interest in and to all documents, data, know-how, methodologies, software and other materials, including computer programs, reports and specifications, provided by or used by GetFriday in connection with performing the Services, in each case where it was developed or acquired by GetFriday prior to the commencement or independently of this Agreement (collectively, the “Pre-Existing Materials”), including all Intellectual Property Rights therein. Any pre-existing confidential information belonging to GetFriday, included in any deliverable, shall remain the exclusive property of GetFriday. To the extent that GetFriday incorporates any of its own information into the deliverables, GetFriday hereby grants to Client, royalty-free, non-exclusive, non-transferable license to make, use, sell, copy, distribute, display, perform, transmit, such GetFriday information in connection with the deliverables, unless informed otherwise.

Proprietary Rights

Software: You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or via email / telephone /chat or other mutually acceptable digital means that may be provided by GetFriday for use in accessing the Service.

Termination

Termination without cause;

a) Monthly Subscription plan: Under these plans the user may terminate the plan without cause with a prior 30 days notice via e-mail.
b) Adhoc Plans : Under these plans the termination is effective immediately on the date of completion of project or as per the duration of the plan where it is task based.

Termination with cause:

a) The user may terminate the plan in the event GetFriday fails to perform any task as may be required to be performed to the quality standards as may be reasonably acceptable and such failure is not fixed within 30 days from the date of intimation to GetFriday by the user.
b) Get Friday may at its sole discretion terminate the services and access to this site at any point of time without prior notice if the user violates the terms and obligations under this TOU or
c) Get Friday reserves the right to terminate the engagement with immediate effect if the user is offensive or uses abusive language with his/her Virtual assistant or with any member of the virtual service team that attends to the task of the user.

Event of Termination: In the event of termination, General Disclaimer, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections set forth in this TOU shall still survive.

Payment terms:

The payment of monthly subscription charges for the first month after signup should be made within the same month of providing the services and thereafter in advance before the 5 th of every month on a continuing basis until termination. Subscription amount is always collected in advance for the month.

Wherein the user opts for a monthly subscription plan, the Terms and Conditions associated with the respective plans shall apply in addition to this TOU. Wherein the user opts for a custom or adhoc project plan or a tailored business support plan based on a quote, then the terms and conditions of such a proposal shall prevail in addition to this TOU.

In the event if the user decides to opt out of the service within 7 days of the start date (an Assistant being assigned) for any reason whatsoever, pro-rata charges shall apply based on usage or the number of days lapsed whichever is higher and the balance shall be refunded as per the Refund Policy.

No waiver of notice period or refunds shall be allowed in case you decide to opt out of the service post the 7-day look up period from start date.

Credit Card: GetFriday has kept in place reasonable technical, administrative and organisational process and procedures to protect Client credit card information. However it is your responsibility to ensure that the Credit card details are shared securely with GetFriday. This means that you have to upload / update the credit card details only through your GetFriday dashboard secure access assigned on the GetFriday website and not via email or phone or any other digital means.

Non-solicitation Provision

You acknowledge that GetFriday invests substantially in recruiting, training and development of its employees, consultants and independent contractors and that GetFriday has a legitimate interest in earning a reasonable return on those investments.

You also acknowledge that GetFriday has agreements with GetFriday assistants that protect this interest by requiring that GetFriday assistants obtain GetFriday's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with any GetFriday client to whom they were assigned in the past or present.

To the fullest extent permitted under applicable law, you agree that during your membership and for a period of twelve (12) months immediately following the termination of your relationship with GetFriday for any reason, whether voluntary or involuntary, with or without cause, you shall not directly or indirectly solicit for employment or engagement any GetFriday assistant who is assigned to you at that time or who was assigned to you within the six months preceding termination of your relationship with GetFriday to leave his or her employment with GetFriday and to work for you in any engagement directly or indirectly.

Should any solicitation by you become a substantial factor resulting in a GetFriday assistant leaving GetFriday and accepting an engagement with you directly or indirectly without GetFriday's consent, you agree to pay GetFriday liquidated damages reasonably calculated to compensate GetFriday for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year salary of the GetFriday assistant prior to the solicitation. Payment of the foregoing fee will not preclude GetFriday from seeking any other remedies against the Client, whether under this Agreement, at law, or in equity.

Sub-contracting

GetFriday shall be entitled to perform any of the obligations undertaken by it through its employee, associates, consultants or through suitably qualified and skilled sub- contractors/vendors. Any act or omission of such other associates or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of GetFriday.

Data Rights and Protection

In our mission to ethically and lawfully serve our Clients we have the following policies in place in order to adhere to international and domestic law:

(i) Obtaining Consent: Our terms of use is to make it as understandable and straightforward as possible. Our valued Clients are able to give and rescind consent at any time.
(ii) Timely Breach Notification: In the event of a data breach, GetFriday will notify our associated data controllers and Clients within 72 hours. In addition to outlining the nature of the breach, the impact, and actions involved to remedy the situation will be detailed.
(iii) Right to Be Forgotten: If at any time Client discontinues their relationship with GetFriday, the Client can request that his or her personal data is wholly erased from our records.

Client Responsibilities and Obligations

(i) Restricted services: GetFriday assistants are not permitted to support in any illegal, unethical, uncomfortable or immoral activity. Hence you should not ask for such tasks.
(ii) Assistants’ Supervision: GetFriday will assign the assistant to Client as per skillsets match with the services required by you. The assigned GetFriday assistant acts under your direction.
(iii) Credentials: GetFriday has kept in reasonable technical, administrative and organisational process and procedures to protect Client data, it is your responsibility to ensure the security of the credentials you share with your GetFriday assistant to perform the tasks. This may include implementing controls like user role-based access, restrictions, limiting the information view, access duration etc.
(iv) Breach of legislation/guidelines: GetFriday provides services to the Client as per the instructions received and it is the responsibility of the Client to collect necessary consent from the individuals whose information is disclosed to GetFriday. Under no circumstances shall GetFriday be liable for any breach arising due to the failure of obtaining consents from such other people, including third parties, as per the guidelines set in the applicable legislations like GDPR, CCPA or any other applicable legislations.

Independent contractor

GetFriday is and will remain as an independent contractor in its relationship with Client. Nothing in this TOU is intended to, or should be construed to create a partnership, agency or joint venture or employment relationship between GetFriday and Client.

Force majeure

GetFriday will incur no liability to the Client or be deemed to have defaulted under or breached this TOU for any failure or delay in its performance of any obligation under this TOU by causes beyond its control and without the fault or negligence of GetFriday. Causes (“Force majeure events”) beyond a GetFriday's control may include, but are not limited to, acts of God, flood, fire, earthquake, war, acts of terrorism, explosions, strikes, telecommunications breakdown, power outages or shortages, acts of governmental authorities such as changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, pandemic and quarantines and general strikes in India.

Indemnity

You agree to indemnify, defend at your expense and hold harmless GetFriday, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents (if any), from all and any third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to

(i) Your use of the Services and/or the Site,
(ii) Any content you post, e-mail, transmit or relay either to GetFriday or by use of the Services or the Site,
(iii) Any negligence, or wilful misconduct by you, your employees, associates or representatives,
(iv) Any online accounts and profiles created as per your instructions on behalf of you on various online web portals/websites or mobile applications (apps),
(v) Use of your login credential to access the portals/websites/apps referred by you for your business/personal purpose. The data available on the referred websites by you will be used by GetFriday as per your instructions
(vi) Your violation of the TOU, or
(vii) Your alleged infringement of any intellectual property, copyright, trade secrets, moral right or other proprietary right of any person or entity.

Limitation of liability

In no event shall GetFriday be liable for any indirect, incidental, special, or consequential losses and damages, or any punitive or exemplary damages arising out of or in any way connected with the services provided by GetFriday or arising from this TOU. Neither shall GetFriday be liable for any action taken or omitted by its employees/GetFriday assistant in pursuance of this TOU in good faith, except for gross negligence, bad faith or wilful misconduct adjudicated by a court of competent jurisdiction. GetFriday's obligation shall be restricted only to actual and direct losses and not to any indirect, special, or consequential losses. The services available on the site, any websites linked to the site, the materials or information contained at the site or the foregoing limitations of liability constitute a fundamental basis of this TOU and GetFriday would not have permitted you to use the site or the services absent such limitations.

In the event of a breach of this TOU by GetFriday, GetFriday's aggregate, and cumulative liability for damages on all accounts resulting from this TOU hereunder shall in no event exceed the amount of fees received from the Client for the service in the applicable service request in the three months period preceding the event giving rise to the claim.

Further documentation

If any other TOU or 'Service/Task request(s) or SLA are necessary to enforce the intent of this document, both parties agree to execute such provisions as and when the need arises.

Dispute resolution

Any disputes arising out of or in connection with the TOU shall be first attempted to be settled through discussion and negotiation between the user and a member of the senior management at GetFriday. If a settlement is not arrived at within thirty (30) days, the dispute shall be referred for Arbitration. Each party will bear their own cost of the arbitration. The number of arbitrators shall be one. The place of arbitration shall be Bangalore, India. The language used in the proceedings shall be English. The arbitration award shall be binding on both parties.

Governing laws and jurisdiction

All matters arising out of this TOU shall be governed by and construed and enforced in accordance with the laws of India, without giving effect to any choice of conflict of law, provision or rule that would cause the application of the laws of any jurisdiction other than those of India and the parties hereto agree to submit to the exclusive jurisdiction of the courts of Bangalore, India for any disputes arising out of the subject matter.

This Agreement is in person-to-person basis and is non-transferable, and you may not assign your rights or obligations to any third party on your behalf.

General Terms

If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. GetFriday's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by GetFriday.

Acknowledgment

This TOU constitutes the entire understanding and agreement between Client and GetFriday, and supersedes and cancels all prior agreements, understandings, and representations in their entirety and are of no further force and effect.

Signatures

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and does not require any physical or digital signatures. By accepting this TOU digitally, you are agreeing to the conditions of this TOU and provide your assent to it.

Notice

All notices to a party shall be in writing and shall be made either via e-mail or fax or U.S. mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to GetFriday at the address set forth below

TTK Services Private Limited,
No. 68, Smartworks, 4th Floor,
Tower-B, DSR Techno Cube,
Varthur Road, Thubarahalli,
Bangalore - 560 066
Karnataka, India.
Toll free Fax: 1-877-329-8275; India Fax: +91-80-28510694
Attn.: Chief Operating Officer

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