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Terms Of Services

These Terms & Conditions (“Terms”) apply to our website https://bebiggy.com (“Site”) which is owned and operated by Profitship Enterprises (“We”, “Us”, “Company”). These Terms elaborate the conditions under which the users (“You”), whether registered (“Users”) or unregistered (“Visitors”), may use our Site and its Services.

Our Site is an online platform which allows you to:

i. Act as a service provider and sell your services;

ii. Act as a vendor and sell digital assets such as websites, domain names, apps etc.;

iii. Act as a seller and sell your physical business/franchise;

iv. Act as a course provider and sell courses; and/or

v. Act as a customer and purchase any of the aforesaid.

Hereinafter, for the purpose of these Terms, the above-mentioned shall be collectively referred to as “Services” and individually as “Packages/Listings”.

While using our Site, you may act as a service provider, vendor, seller, course provider, and/or as a customer. However, your usage of our Site and Services in any of these capacities shall be subject to our prior approval. Post approval, you may use your registered account (“Account”) with us to act in any of the aforesaid capacity.

In all of the above-mentioned capacities, you shall abide by the general terms & conditions provided herein. However, while acting in a specific capacity, you will also be bound by the specific terms & conditions provided herein with regards to the said role. For example, while acting as a service provider offering your services you will also be bound by the specific terms of usage for service providers as mentioned herein.

Your continued use of our Site, registration for an Account, express acceptance of these Terms or availing of the Services provided on our Site, shall be deemed to be your acceptance of these Terms. You undertake that while accessing our Site and Services, you will duly abide by these Terms.

If you do not wish to accept these Terms, you must immediately discontinue your access and usage of our Site and Services. Your continued use will be deemed to be an implied acceptance of these Terms.

In case you are found to be in non – compliance of these Terms, we will be absolved of any liability that we may have towards you.

Your rights and liabilities, while visiting our Site or transacting through it, shall be governed by these Terms, the privacy policy, intellectual property rights disclaimer, the service agreement executed with us, and any other policy/disclaimer which is made applicable by us on our Site.

We shall only be liable towards you to the extent mentioned in the aforesaid documents. We specifically disclaim ourselves from any other liability that may arise outside the scope of these documents.

Therefore, we request you to read the following Terms carefully before using our Site and Services.

GENERAL TERMS OF USAGE

Scope of Use

While any Visitor can browse and access our Site, only Users are permitted to buy and sell Services on our Site. Therefore, in order to access the Services on our Site, you must register for an Account.

In order to register on our Site, you will have to subscribe to a membership plan. The details of the available membership plans are provided on our Site. We may change or revise the membership plans, their fees, and specifications at any time, without prior notice.

You may cancel your membership subscription in accordance with the cancellation policy provided in the sales page of the membership plan. However, no subscription fees paid till the date of cancellation will be refunded.

You may only register for and maintain one Account on our Site, unless we authorize you to create multiple accounts in writing. If you register for another Account using a different email address or phone number and we discover that you already have a pre-existing Account with us, we shall be entitled to suspend or termination either or both of your Account, as per our discretion.

You may get your account verified by completing the required verification process. For this, we may request you to share scanned or physical copies of your government – issued identity cards, tax registration details, and any other information that we may deem necessary to verify your Account.

The verification we provide to our user’s accounts is not a guarantee or certification from our end as to the genuineness of the said User. Therefore, we request you to proceed with reasonable caution while transacting with any User on our Site.

You will be responsible for all activities and transactions that take place through your account, irrespective of whether these activities and transactions were conducted under your authority or not. We will not be responsible for any unauthorized use of your Account. If at any time during your use of our Site you believe that your Account is being used by a third party or someone else has your password, you may write to us at [email protected]

The customers and sellers of the Services on our Site can execute separate legal or contractual obligations governing each package or listing. However, the same shall be bilateral in nature and we will not be liable for any such obligation between them.

We merely act as an intermediary and facilitator for communication between our Users. Our Site is an avenue for the service providers, vendors, the sellers, and the course providers to connect with prospective customers.

If any User is in breach of their obligations or in non-performance of the agreed upon specifications for a package or listing, we shall not be liable to ensure their performance. However, the Users may decide to opt for the Dispute Resolution mechanism provided in these Terms.

We collect, store, and use a variety of personal information from our Users and Visitors. The details of what information is collected and how we deal with it is more elaborately contained in our Privacy Policy. We advise you to read the Privacy Policy for a better understanding of these provisions.

The information which is provided on our Site or which you may obtain while interacting with Visitors/Users of the Site is not intended for distribution in countries & jurisdictions where such distribution is illegal and qualifies as an offence.

We may change the information on our Site, at any time, without giving a prior written notice.

If you use the connections you make through our Site and transact with these connections directly, you shall be liable to pay us a sum equivalent to the membership fees, listing fee, and commission applicable on such package or listing.

We do not provide any warranty or guarantee regarding the performance, quality, completeness, accuracy or effectiveness of the Services on our Site. While we take all necessary efforts to ensure data security, we do not guarantee security for payments undertaken through our Site.

We shall not be liable to indemnify or compensate you for any of the aforesaid circumstances. You are advised to make use of your fair judgment while dealing with any User on our Site.

Subject to the permissions you provide with respect to your user status, membership subscription etc., we reserve the right to limit your access to our Site and Services, without providing any prior notice to you.

Your engagements with any of our Users for any Services shall be governed by the Service Agreement executed by Users at the time of their registration.

Our Site is intended for Users & Visitors above the age of 18 years. If you are below the age of 18 years, you are not permitted to use our Site and Services, without parental consent and supervision. In case, you wish to use any Service, the Account shall be created in the name of your parents/guardian and the payment shall be made through your parent/guardian’s bank account. Your parents/guardian shall be liable for your performance and obligations herein.

We shall not be liable to you or to any customer you may transact with, if you misrepresent your age.

You will only use our Site and the Services for their intended purpose. You will not use them for any commercial endeavor which is outside the scope of these Terms.

Our Site is not modelled to review or edit content which is illegal in nature. Hence, we are not in a position to determine whether the package or listing is illegal or not. If you rely on any packages, listing and/or their contents, you are doing so at your own risk.

However, our Users and Visitors can inform us regarding the legal validity of any package or listing on our Site at https://bebiggy.com. Upon receipt of such information, we may suspend or terminate your Account, as we deem fit. This shall be without prejudice to any other right or remedy that we may have.

In case it is discovered that you have been using our Site and the Services for any unauthorized or unlawful purpose, we shall be entitled to initiate appropriate legal proceedings against you and the same shall be done at your cost. This shall be without prejudice to any other right or remedy we may have against you under these Terms or under any law for the time being in force.

For security and data protection purposes, we advise you to communicate with other Users only through our Site. If you provide any communication details to a User for communicating outside our Site and the same is abused or misused by them, we will not be responsible for the same.

If you are a User who is selling or providing Services through our Site, and you purchase any package or listing from a competing User in order to leave bad reviews and feedback or drop their ratings, we will be entitled, without prior notice, to remove your reviews/feedback and immediately suspend or terminate your Account.

There exists no employer- employee relationship, principal – agent relationship, partnership or joint venture between us and the Users. Therefore, you will not make any representation to a third party that implies the existence of any relationship between us, whether contractual or otherwise.

Representations & Warranties

You hereby represent and warrant that:

i. You have the legal capacity to form binding contracts.

ii. Where you are creating an Account with us for a business, organization or any other legal entity, you hereby represent that you have the authority to create such Account on their behalf and bind them to these Terms.

iii. You are above the age of 18 years.

iv. You are not barred from receiving or providing Services available on our Site under any law for the time being in force.

v. You are not suspended or blocked from our Site.

vi. All information that you provide to us or our Users or Visitors is true, accurate, and complete in all respects.

vii. The login credentials and other relevant details regarding your Account shall be kept secret and confidential.

viii. You undertake that no civil or criminal proceedings have been instituted against you or pending against you before a court of competent jurisdiction which may affect your performance under these Terms. You also undertake that you are not convicted for any offence by any court or authority of competent jurisdiction.

ix. You have not been declared bankrupt or insolvent and that no bankruptcy or insolvency proceedings are instituted or pending against you.

If at any time during your usage of our Site, we find that the aforesaid representations and warranties have been breached by you, we will terminate your Account with immediate effect. This shall be in addition to any other right or remedy we may have against you under this Agreement or under the governing laws.

Our Fees

In addition to the membership fee for the plan you subscribe to, we will also charge a listing fee and commission from you. The listing fee and the commission will be charged on each of the Services listed on our Site.

The listing fee and commission applicable on each package or listing shall be subject to various factors such as the Services being listed, the price offered, the amount charged from the customer etc. Therefore, there is no fixed or minimum rate that will be charged for the listing fee and the commission.

The fee and commission chargeable will be mentioned on the sales page and the said fee and commission will be final and binding in nature.

In case you fail to pay the listing fee, we will not list your packages or listing on our Site.

Refund Policy

The membership amount, listing fee, and commission paid by you to us in accordance with these Terms is non-refundable in nature.

The payments you make for purchase of any of the packages or listings on our Site are final and non-refundable in nature. However, if any refund policy is prescribed on the sales page of the package or listing, your payment will be refunded in accordance with the terms thereof.

Ratings & Feedback

Your Account will be evaluated based on the feedback received from your customers regarding the packages and/or listings provided by you, along with the number of orders you cancel. On the basis of the said evaluation, your Account will be compared with the other Users providing similar/identical Services. On the basis of this evaluation, you will be provided a level and ratings.

Higher ratings make it more likely for the customers to opt for your packages or listings.

Higher levels will result in benefits which will be informed to you once you reach such a level. If you receive low ratings and the same remains consistent for a period of six (06) months, we may, in our sole discretion, suspend or terminate your Account.

If you maintain high quality, ratings, and show great customer satisfaction, we may increase your benefits, the tools you can use, and will also promote you to higher settings. We use an automated system for this.

The top most level you can achieve on the platform is Diamond Level. It comes with a variety of perks and benefits, which you will be informed about in an email, once you reach this status. Your continued eligibility to hold this status will be regularly evaluated by us.

However, the levels you may get assigned are not permanent in nature. If there is a drop in your quality, ratings or customer feedback, we may, in our sole discretion, demote you from the level you are holding.

Intellectual Property Rights

The Site and all intellectual property rights subsisting in it are the sole and absolute property of Profitship Enterprises. Nothing contained herein shall be deemed to be an assignment, transfer or license of the same in your favor.

All intellectual property rights with respect to the Services shall be governed by the applicable laws and the Intellectual Property Rights Disclaimer provided on our Site.

Third Party Links & Advertisements

Our Site contains links and advertisements for third-party websites, services, and products. If you click on any such link and are re-directed to their respective websites/pages, we will cease to be responsible to you.

Your usage of these third-party websites and pages shall be governed by their terms & conditions, privacy policies, and other disclaimers.

We expressly disclaim ourselves from any liability with respect to the veracity of these advertisements.

We request our advertisers to ensure that the materials you supply for advertisements on our Site are legally compliant as per the governing laws. We will not be liable for any error, illegality or inaccuracy in the advertising material.

If you are a User or Visitor of our Site and you have any dispute regarding the third-party links and advertisements on our Site, we advise you to file a complaint with the concerned third party. We do not exercise any control or power over these third party.

Compliance

It is our endeavor to create a Site which is legally compliant and we take all reasonable and required steps to ensure that our Site complies with all applicable laws for the time being in force.

However, we are not responsible for ensuring that the Services rendered on our Site are legally compliant.

In case you are a User who is rendering packages and/or listings through our Site, you shall ensure that the Services you provide or offer are in complete compliance with the applicable domestic and international laws.

In case any dispute, suit, action or claim is instituted against us or our Site on grounds of your non-compliance, you will defend such suit, action, claim or dispute at your expense.

International Visitors and Users (non-Indian citizens and entities) are hereby informed that you shall be liable to ensure that your use of our Site is in compliance of your applicable domestic laws.

If at any time, you realize or are made aware that your use of our Site and Services thereon is in non-compliance with any applicable domestic or international law, you will immediately cease the use of our Site and will discontinue providing /availing Services thereon.

We shall not be liable for such non-compliance or for indemnifying you for any suit, action or claim that your domestic government or regulatory authority may initiate against you.

Confidentiality

While availing or using our Site and Services, Users may exchange information which is confidential in nature. You will ensure that you maintain the confidentiality status of such information and do not make unauthorized disclosures to any third party. You will use the said information solely for the purpose of the packages or listings for which such information is disclosed.

You will not copy or reproduce such confidential information, in any form, except as absolutely necessary for the packages and/or listings.

You may, at an individual level, engage in a Non-Disclosure Agreement with any User that you engage with through our Site. However, the responsibility for ensuring compliance and taking action under the said NDA will be yours alone.

We will neither be responsible nor do we guarantee compliance of the Users with the said NDA.

The disclosing Party undertakes that the confidential information that they may provide to other Users is their sole and absolute property. Their disclosure of such information will not infringe upon any third-party rights.

Indemnification

We expressly disclaim ourselves from any liability to indemnify and hold you harmless for any loss, damage, action, suit or claim that may be suffered by you or instituted against you for any reason arising out of your access or use of our Site and Services thereon.

Where due to your act or omission we suffer any loss or damage or any suit, action or claim is instituted against us for any act, omission, breach or non-compliance attributable to you, you shall duly indemnify us against the same and defend such suit, action or claim at your expense.

Termination

If during the continuance of your Account with our Site, you are found to be in breach of any Terms or legal obligation towards the Site or are in non-compliance of any applicable laws, we shall be entitled to:

i. Refuse provision of Services to you;

ii. Suspend or restrict your access to your Account;

iii. Terminate your Account;

iv. Remove the Services you list on our Site; and/or

v. Remove or edit any content that you post on our Site.

This shall be without prejudice to any other right or remedy we may have under these Terms, the Service Agreement or under any law for the time being in force.

We may in our sole discretion, provide you with a warning, before suspending or terminating your Account, in case of non-conformity of these Terms.

Our decision to take any of the aforesaid actions will be dependent on several factors, therefore, we disclaim ourselves from any liability to give you a prior notice of our decision.

Dispute Resolution and Governing Law

These terms & conditions and your access/use of our Site and Services shall be subject to the applicable laws of Republic of India.

In case any dispute or claim arises out of your use of our Site, you will write to us at [email protected] We will attempt to resolve the same within a period of thirty (30) days from the date of arising of such dispute.

If any dispute arises between the you and any other User of our Site for any of the Services, the parties can refer the dispute to us for mediation. Our decision in such mediation shall be final and binding on the parties to the dispute.

The competent courts of New Delhi, India shall have the exclusive jurisdiction over our Site and any dispute with respect to the same shall be referred to such courts.

Limitation of Liability

Neither Profitship Enterprises nor our affiliates or related parties shall be liable for any loss or damage that may arise out of or with respect to your use of our Site, utilization of the content therein, or use of Services provided on our Site, including without limitation any direct, indirect, special, incidental, consequential or punitive damages that may be suffered by you. This shall also extend to any personal injury, emotional distress, pain or suffering, loss of profits, loss of revenue, loss of goodwill, loss of anticipated business, loss of data, any tort suffered, breach of contract or otherwise, even if the same is foreseeable in nature, caused by your providing or availing of any package or listing.

In no circumstances shall our liability towards you extend to more than your membership subscription at the time of the dispute.

General Disclaimer

Your use of our Site, Services, use of deliverables or items obtained through our Site is at your own risk. We are not responsible for the contents or services provided. These items and Services are provided on an “As Is” and “As Available” basis and the same shall be without any warranty, express or implied.

Neither Profitship Enterprises nor any of its affiliates shall be responsible for the completeness, security, quality, accuracy or genuineness of the Site and the Services. This does not affect any warranty that cannot be excluded or limited under the applicable laws.

Amendment

We may modify these Terms, from time to time, without your prior consent and without prior notice. However, once these modifications become effective, your use of our Site and the Services shall be governed by the amended Terms.

We recommend that you regularly visit our Site and check these Terms to keep yourself updated.

Assignment

You will not be entitled to assign your rights and obligations herein in favor of any third party, except with our prior written consent.

Survival

The terms & conditions herein which by their very nature survive the termination of your engagement with us shall continue to be applicable in perpetuity, even after the suspension or termination of your Account with us.

SPECIFIC TERMS OF USAGE

While using our Site, the Users can act in the capacity of a service provider, vendor, seller, course provider, or as a customer. You will, at all times, be liable to comply with the General Terms of Usage as mentioned herein above.

However, in addition to these general terms, you will also be bound by the specific terms for each role that are appearing herein after.

SERVICE PROVIDER

You can list your services on our Site as a service provider through your Account. We allow you to offer your services in different price packages and formats. You may also include upgrades, additional services, and early delivery, at additional costs as part of your packages. However, you must ensure that none of the service packages you offer are listed at a price below US$10.

The additional services you offer must be related to the base service package and the deliverables promised therein. You can also mention the time you may require to complete these additional services. This shall be in addition to the delivery time mentioned in your base service package. If we find that any of the additional services offered by you violate our Terms or any other policy/disclaimer, we will remove it, without prior notice to you.

In addition to listing specific service packages, you may also offer custom service packages to the customers which enables them to avail a certain service by prescribing their specifications and requirements. These custom packages must include the precise description of the services that will be offered, the time required to deliver these services, deliverables to be provided, and the price of the offer. You must ensure that these custom service packages are in complete compliance of these Terms and other policies/disclaimers mention on our Site.

The custom service packages can also be designed for services you are willing to offer your customers outside our platform. However, you must ensure that these services are in complete conformity with our Terms and are not deemed illegal by any law for the time being in force. We may ask you to furnish proof of successful completion of such a package, for verification. The payment for such a package will be processed through our Site.

In case a dispute arises with respect to the aforesaid custom service package, we will not be liable to resolve the same.

You may also offer subscription plans to your customers for your service packages. A subscription plan will allow the customers to subscribe to your service package and you will deliver the said service to the customer once every month on the date mutually agreed upon between you. You may alter or customize these subscription packages based on your negotiation/ commercial understanding with the customer.

We allow our customers to cancel their subscriptions for service packages on or before 1 day prior to the next renewal date.

A customer will be able to purchase your services through your account. They can place an order by clicking the “Order” or “Buy Now” or any similarly labelled button which is available on your service package.

Once an order has been placed, we will notify you via email and through a notification on your Account on our Site. You must ensure that you deliver it as per the specifications provided by the customer and in accordance with the representations made by you in your service package.

In addition to the customer, you will also have the option to cancel orders that are placed for your service package. While you may cancel an order placed with you at any time, frequent order cancellation from your end will affect your rating and status on our Site. We may also terminate or suspend your Account if we find that your cancellation of orders is unreasonable and without just cause.

Where the services listed by you are such that they require shipping of physical deliverables to your customers, the liability for shipping these deliverables will be yours. We do not provide our Users with any shipping assistance. You may charge additional shipping fee from your customers. However, you must specify it in the service package.

It is advised that you complete the payment and other related transactions through our Site. If you engage in direct dealings with your customers, we will not be liable for any loss or damage you may suffer due to non-payment by such customers. Direct transactions will not be governed by our Dispute Resolution policy and you may proceed against such customer at your own expense.

Once customer place an order for your service package, any deliverables that are mutually agreed upon between you, will become the sole and absolute property of the customer. As soon as the deliverables are provided to the customer, all intellectual property rights in these deliverables shall become vested in the customer. However, this shall be subject to our Intellectual Property Rights Disclaimer.

You may, with our permission, provide service packages which provide Intellectual Property License to the customer, instead of vesting all ownerships rights in the deliverables with the customer.

We will retain the right of publication with respect to all the deliverables published through our Site and the Logo Designs you may use for your Account. We shall be entitled to use these for marketing and promotion purposes without any threat of a suit for infringement or passing off from your end.

While interacting with customers, other Users, and Visitors of our Site, you will conduct yourself in a professional and reasonable manner expected from a prudent man.

You cannot use the Google Ads platform or other advertisement services to promote your service packages. This does not prevent you from self – promoting your services using your personal social media profiles on platform such as Facebook, Instagram, LinkedIn, Telegram etc.

Where any activity, including request for payment, from your Account seems to be suspicious, fraudulent or unauthorized in nature, we may, in our sole discretion, disable your option to withdraw funds, till the time such suspicion is resolved. This policy is being adopted for security reasons and shall not be interpreted or construed to be a breach of our obligations.

All risks associated with the provisions of services shall be to your account. You may, in your discretion, obtain a general liability insurance to cover all risks associated with your listed services.

The number of services that you can list on your Account shall be limited. The number of listings permitted shall be based on the level you are at. These numbers will be informed to you, from time to time, as and when you reach a certain level.

We may remove any of your service packages and listing, without prior notice, if they are found to be in violation of these Terms or other disclaimers, as made applicable to our Site. In addition to this, we may also remove your service listings in the following circumstances:

i. The services listed are illegal or restricted in nature;

ii. The provision and performance of these listings is subject to regulatory permissions and/or supervision;

iii. The services or deliverables provided therein are found to be in violation of our Intellectual Property Disclaimer or of any law for the time being in force;

iv. The content/services being provided is obscene, vulgar, immoral or pornographic in nature;

v. The services offer to prepare academic works to customers which are intended for curriculum evaluation purposes;

vi. The service listing contains third-party links which are in violation of these Terms or our policies;

vii. The images or cover image used for your service listing is found to be a third-party property or is found to be obscene, irrelevant or vulgar;

viii. The specifications listed for a service package are misleading or exaggeration of what you can deliver.

While you may edit your existing service packages or listings, you will not be allowed to edit or restore any service package or listing which is removed for any of the aforesaid reasons.

If you provide any samples to the customers of your work or include any document as a sample to your service listing, you shall ensure that the deliverables provided to the customer are identical to these samples in terms of requirements and quality, unless the contrary is agreed upon between the Parties.

In case there are any representations on your service packages and listings which are inconsistent with these Terms, such representations shall be deemed to be severed from the entire service listing and you will provide the services in accordance with the remaining representations.

VENDOR

Our Site enables vendors to list an asset for sale and provides them with a platform to communicate, transact, and connect with prospective buyers. Your use of our Site and Services as a Vendor shall be governed by these Terms and other policies/disclaimers made applicable on our Site. We advise you to go through these documents and policies before registering for an Account and listing your assets.

You may list the assets in any of the two formats available on our Site – auction format listing and fixed price listing.

In an auction format listing, you can list the asset on the Site and open the auction for a specific time period. You can also list a base price for the asset. The interested customers can place their bids on the asset listing. A valid bid will be more than the base price and the current bid amount. At the end of the auction, the asset will be declared to be sold to the highest bidder.

It is pertinent to mention here that neither Profitship Enterprises nor our Site shall be deemed to be the auctioneer for the auction format listing. The sole responsibility for conducting the auction and completing the sale shall be yours.

In the fixed price format, you can specify the price for the asset in the asset listing. A prospective customer can send a proposal to purchase the asset at the price listed. You can accept, reject or counter the proposal made.

You may also include a “Buy Now” option against your asset listings. This option is available only for assets which are available for immediate delivery. When a customer uses the Buy Now option to purchase the asset, you may refuse to sell the listed asset to such customer. However, your refusal must be reasonable in nature.

The transaction and sale will be solely conducted through our Site. If we find that the sale was completed outside our Site framework, we will be entitled to charge an amount equivalent to your membership fee, our listing fee and commission chargeable on the consideration price from such transaction.

If you engage in direct dealings with your customers, we will not be liable for any loss or damage you may suffer due to non-payment by such customers. Direct transactions will not be governed by our Dispute Resolution policy and you may proceed against such customer at your own expense.

Once a request for purchase of the asset is made by a customer, we will notify you via email and through notification on your Account. While you may cancel a purchase request placed with you at any time, frequent cancellations from your end will affect your rating and status on our Site. We may also terminate or suspend your Account if we find that your cancellation of orders is unreasonable and without just cause.

We will retain the right of publication with respect to all the asset listings published on our Site and the Logo Designs you may use for your Account. We shall be entitled to use these for marketing and promotion purposes without any threat of a suit for infringement or passing off from your end.

While listing your assets you must ensure that they comply with the applicable laws for the time being in force. We will immediately remove an asset listing where it comes to our knowledge that the same is illegal in nature.

You shall be solely responsible for the quality, suitability, accuracy, and completeness of the listed asset. Where you have made representations to the customer regarding the future performance of your asset, you will continue to be bound by the obligations with respect to the same till the time the asset is being held or utilized by the customer.

Where you engage any third party for the purpose of supplying, creating or developing the asset, you will ensure that they completely abide by the asset listing specifications and these Terms.

While interacting with customers, other Users, and Visitors of our Site, you will conduct yourself in a professional and reasonable manner expected from a prudent man.

You cannot use the Google Ads platform or other advertisement services to promote your asset listings. This does not prevent you from self – promoting your listings using your personal social media profiles on platform such as Facebook, Instagram, LinkedIn, Telegram etc.

Where any activity, including request for payment, from your Account seems to be suspicious, fraudulent or unauthorized in nature, we may, in our sole discretion, disable your option to withdraw funds, till the time such suspicion is resolved. This policy is being adopted for security reasons and shall not be interpreted or construed to be a breach of our obligations.

All risks associated with your asset listings shall be to your account. You may, in your discretion, obtain a general liability insurance to cover all risks associated with your listed assets.

While listing any asset on our Site, you must ensure that it contains the following specification:

i. All relevant details and reference files that may be required to enable the customer to make an informed decision;

ii. The rights and obligations that the customer will be bound by where the asset is under a third-party ownership;

iii. The rights in the assets which will be transferred to the customer upon purchase of the same;

iv. The registered intellectual property rights subsisting in the assets, if any;

v. Relevant documents associated with the asset which will be provided to the customer on completion of the sale;

vi. The price of the asset;

vii. Legal obligations that the customer will be expected to perform on purchase of the asset; and

viii. Such other information that is expected to be displayed as part of the asset listing by relevant industry standards.

You will ensure that the details mentioned in the asset listing are true and correct to the best of your knowledge and ability.

Upon purchase of the asset by the customer, you will take all reasonable endeavours to transfer the rights existing in the asset in favour of the customer.

In case there is any change in the status, specification or availability of the asset, you will immediately update the asset listing to reflect the same.

We may suspend or remove any asset listing which is found to be in non-compliance of these Terms or the price listed is found to be unreasonable or not as per the market value of the asset.

In addition to the general representations and warranties mentioned herein above, you also represent and warrant:

i. The asset listed is legally compliant and permissible to be sold through digital mode by the applicable laws;

ii. You are the owner of the listed assets or are authorized by the owner of the listed asset to sell the same through the Site;

iii. The asset is transferable in nature and its sale is legally permissible;

iv. The customer shall be the sole and absolute owner of the listed asset and the same shall not be resold to any third party, without the prior written consent of the customer;

v. All intellectual property rights in the asset will be transferred to the customer upon its purchase; and

vi. The asset listed are not inappropriate, obscene, offensive or vulgar in nature.

While you may edit your existing asset listing, you will not be allowed to edit or restore any listing which is removed for any of the aforesaid reasons.

In case there are any representations on your asset listings which are inconsistent with these Terms, such representations shall be deemed to be severed from the entire asset listing and you will provide the services in accordance with the remaining representations.

SELLER

As a seller, you can list and advertisement your entire business or franchise for sale through our Site. These listings can only be made for the sale of complete business/franchise and not of a part thereof.

Your sale listings must comprehensively provide the relevant information regarding your business which can enable the customers to send their proposals. We recommend that you use expert valuation services to obtain the market value of your business/franchise prior to listing it for sale on our Site.

We may, at any time, request you to furnish proof of valuation to justify the listed price.

Your sale listings will only be published on our Site if you are in complete compliance of your payment obligations mentioned herein above.

You undertake that you will only list business or franchise on the Site which are existing in the status quo, are legal, and duly registered under the applicable laws, if required.

Where you create an Account with us as a broker, intermediary or as authorized agent of the business/franchise owner, you will ensure that all necessary consents, notices, and legal formalities are fulfilled by the actual business owner to effectively complete the sale of the business/franchise to the customer.

You will mention in the sale listing that you are a broker, intermediary or authorized agent of the actual owner of the business/franchise. If you fail to mention this in the sale listing, such failure shall be deemed to be a material breach of these Terms and the listing along with your account will be removed, suspended or terminated, as per our discretion.

Prior to listing any business/franchise, you must obtain the written consent of all the legal stakeholders in the business/franchise including, without limitation, the shareholders, directors, partners, investors, creditors etc. Either the customers or us can require you to furnish the consents for verification, at any time.

If your sale listing is bound to be in non-compliance of these Terms, website policies or applicable laws, we shall be entitled to remove your listing with immediate effect. You may re-list your sale listing after revising it to ensure complete conformity to the aforementioned requirements.

The existence of these Terms and your compliance thereof does not absolve you from your liability to abide by the relevant laws with regard to completion and finalization of the sale.

Despite your payment of the listing fee, we may refuse to upload and activate your sale listing, if we have reasonable grounds to believe that the said listing is fraudulent, illegal, or a scam. After our investigation, if these grounds are found to be true, your listing fee shall be deemed to a fee for such investigation and you shall not be entitled to a refund thereof.

The decision regarding the placement of your listing on our Site shall be ours.

We only provide you with a platform to list the sale of your business/franchise. We will not be responsible to provide you with experts or agents who can help facilitate the sale and transfer of your business/franchise to the customer. These services must be availed by you from third parties at your own costs.

Once you accept a purchase proposal from a customer, you will not be entitled to cancel the sale, unless permission under any law for the time being in force. You may also cancel the sale in accordance with the cancellation policy provided on the sales page, if any.

If you engage in direct dealings with your customers, we will not be liable for any loss or damage you may suffer due to non-payment by such customers. Direct transactions will not be governed by our Dispute Resolution policy and you may proceed against such customer at your own expense.

While interacting with customers, other Users, and Visitors of our Site, you will conduct yourself in a professional and reasonable manner expected from a prudent man.

We will retain the right of publication with respect to all your sale listing and the Logo Designs you may use for your Account. We shall be entitled to use these for marketing and promotion purposes without any threat of a suit for infringement or passing off from your end.

You cannot use the Google Ads platform or other advertisement services to promote your sale listings. This does not prevent you from self – promoting your listings using your personal social media profiles on platform such as Facebook, Instagram, LinkedIn, Telegram etc.

Where any activity, including request for payment, from your Account seems to be suspicious, fraudulent or unauthorized in nature, we may, in our sole discretion, disable your option to withdraw funds, till the time such suspicion is resolved. This policy is being adopted for security reasons and shall not be interpreted or construed to be a breach of our obligations.

All risks associated with your sale listings shall be to your account. You may, in your discretion, obtain a general liability insurance to cover all risks associated with your listed services.

While you may edit your existing sale listings, you will not be allowed to edit or restore any sale listing which is removed for any of the aforesaid reasons.

In case there are any representations on your sale listings which are inconsistent with these Terms, such representations shall be deemed to be severed from the entire service listing and you will provide the services in accordance with the remaining representations.

COURSE LISTINGS

You may use our Site to list and offer educational, technical, and skill-based learning courses. These courses can be listed by universities or other service providers operating the education industry (“Course Providers”).

Prior to making such listings on our Site, you must ensure that you have the relevant regulatory and legal permissions & approvals from the relevant authorities to provide such courses.

It is pertinent to mention that your use of our Site for course listings is solely at your own risk. We shall not be liable for any loss, damage, or consequence suffered by you by virtue of your use of our Site.

In addition to the details mentioned in the General Terms of Usage, the course listings must also contain the following details:

i. Name of the course;

ii. Name of the course provider;

iii. Syllabus of the course;

iv. Name & Designation of the faculty teaching the course;

v. Educational and Professional qualifications of the teaching faculty;

vi. Evaluation system, if any;

vii. Whether course completion certification will be provided or not;

viii. Name of the certificate issuing authority; and

ix. Course Fees.

If at any time, it is found that your course listings do not conform to these Terms, applicable laws, and relevant regulatory guidelines, we may remove these course listing, without giving any prior notice to this effect.

Your publication of the course and its material (including written texts, audios, and videos) on our Site amounts to a non-exclusive, licensable, royalty-free license to us. We will be entitled to use the said license to offer the course and its materials to the customers who purchase your course. We will also have the right to sub-license the course and its materials to the customers on our Site.

You undertake that the course and its materials are original works and you are the sole and absolute owner of all intellectual property rights subsisting in them. In case, any third-party work is included in the course and its materials, you will obtain the relevant transfers, assignments, licenses or permissions required to utilize such content.

Unless specifically permitted by us in writing, you will not directly license the course or its materials to any customer you connect with using our Site. Any such license shall be null and void and we will be entitled to payment of a sum equivalent to your membership plan, listing fee, and our commission as compensation for such violation. Direct transactions will not be governed by our Dispute Resolution policy and in case of any dispute, you may proceed against such customer at your own expense.

You may add additional faculty or teaching assistants to your courses. However, by making such additions you are authorizing them to perform the same functions and duties as are made applicable to you on our Site. You will ensure that these additional faculty comply with these Terms and your obligations under other policies/disclaimers of our Site.

In case you are providing a course to a customer who belongs to a country where use and sales tax, goods & service tax, value added tax, or other applicable tax is chargeable for consumer sales, you will be responsible to charge the same from the customer and remit it according to the legal requirements.

We will not be liable for payment or remission of any such tax. Where any fine, penalty, cost, or interest is imposed upon us for non-payment of such tax, you will indemnify and hold us harmless against the same.

While interacting with customers, other Users, and Visitors of our Site, you will conduct yourself in a professional and reasonable manner expected from a prudent man.

We will retain the right of publication with respect to all your course listing and the Logo Designs you may use for your Account. We shall be entitled to use these for marketing and promotion purposes without any threat of a suit for infringement or passing off from your end.

You cannot use the Google Ads platform or other advertisement services to promote your course listings. This does not prevent you from self – promoting your listings using your personal social media profiles on platform such as Facebook, Instagram, LinkedIn, Telegram etc.

Where any activity, including request for payment, from your Account seems to be suspicious, fraudulent or unauthorized in nature, we may, in our sole discretion, disable your option to withdraw funds, till the time such suspicion is resolved. This policy is being adopted for security reasons and shall not be interpreted or construed to be a breach of our obligations.

All risks associated with your course listings shall be to your account. You may, in your discretion, obtain a general liability insurance to cover all risks associated with your listed services.

While you may edit your existing course listings, you will not be allowed to edit or restore any course listing which is removed for any of the aforesaid reasons.

In case there are any representations on your course listings which are inconsistent with these Terms, such representations shall be deemed to be severed from the entire course listing and you will provide the services in accordance with the remaining representations.

CUSTOMER

You may use our Site to purchase or avail any service package or listings that are posted on our Site by our Users. Our platform provides you with various features which make the purchasing process smooth and secure for you.

Therefore, we recommend that you transact with the relevant Users through our Site alone. If you engage in direct dealings with any User, we will not be liable for any loss or damage you may suffer due to non-performance of obligations by these Users. Direct transactions will not be governed by our Dispute Resolution policy and you may proceed against such User at your own expense.

You will not use the packages and listings on our Site for business and client solicitation purposes. You will only reach out to the Users if you are genuinely interested in purchasing or availing their services and listings.

i. Applicable Terms while availing services from a Service Provider

You can use our Site to explore the available service packages & listings and place an order for one which is best suitable for your needs and requirements. We advise you to communicate all your requirements to the User offering the services prior to hiring them for the same.

While finalizing the scope of services with our Users, you may also divide the project into milestones according to your requirements.

Unless expressly authorized by the Terms herein, any payment for a Service you avail must be made through our Site. If any unauthorized payment requests are made to you by our Users, we request you to inform us at [email protected]

Once the User provides you with the deliverables and you approve their work, we will consider the project completed. You may make modification requests to the User regarding the final deliverables any time within 3 days from the date of submission. Once this time elapses or you mark the project as delivered, we will deem the transaction complete.

Certain services listed on our Site may require you to personally meet our Users. We advise you to proceed with caution and exercise due diligence while availing these Services. We neither guarantee nor undertake any liability with respect to your safety, User’s behaviour, conduct, ability, or genuineness. In such dealings, the entire risk of the transaction will be upon you and the User.

Our Terms and other policies will continue to be applicable on the Services provided physically.

Before availing any services package or listing or prior to awarding any project of your own, you may request the Users to provide you with samples of their works.

If at any time before the completion of the Service, you feel that the User is not providing services in accordance with the requirements and specifications mutually agreed upon between you or will not be able to deliver your project on time, you may cancel your project with the User. Once you cancel, any advance payment made by you for the project will be remitted back to you, provided such refund is made permissible under the refunds policy. However, cancellation will not be permitted once the deliverable is approved by you.

The project cancellation and refund requests will be governed by the cancellation policy and refund policy expressly mentioned on the sales page.

Where the Services do not conform to your requirements and specifications, you may request the User for revision, before canceling the project.

If you come across any service listing which is in non-compliance of these Terms, you may report such listing on our Site. However, if you are found to be abusing this provision, we will suspend or terminate your Account with immediate effect.

We advise you to scan the files you receive from the Users for viruses and malwares. We will not be responsible for any loss or damage you may suffer due to your negligence.

ii. Applicable Terms while purchasing assets from Vendors

Where you use our Site for the purchase of any listed asset, we advise you to conduct investigations at an individual level with respect to the legality and tax implications of the purchase of such asset. You shall be solely responsible for examining and investigation all information posted as part of the asset listing.

You understand that the asset listing will only be a summary of the asset and its specifications. To get a detailed idea about the asset, we recommend you to reach out to the vendor for a discussion.

If you decide to bid for an auction listed asset and you win the bid, you will have to purchase the asset and make a payment for the same. The moment you win the auction, you will be governed by the contract laws applicable to auctions. Any refusal on your part to make the payment and complete the purchase of the asset shall be deemed to be a breach thereof.

Where you purchase an asset through the fixed price listing or using the “Buy Now” option and your request is accepted by the vendor, you will have to complete such purchase.

Our policies and Dispute Resolution mechanism only governs the transactions you may undertake using our Site. If you engage in any direct transactions or dealings with any of our Users, we will not be responsible for the same.

We will retain the right of publication with respect to any publicly published deliverable that is provided to you by our Users. We may, in our sole discretion, use these deliverables for marketing and promotional services. You will not be entitled to institute any suit, action, or claim against us for such use on grounds of infringement or passing off of your intellectual property rights.

If you avail or purchase any Service on our Site wherein physical delivery of any asset or deliverables is required, the delivery shall be undertaken by the respective service provider/vendor/seller. We are not liable to ensuring the delivery of the assets or deliverables to you.

The project cancellation and refund requests will be governed by the cancellation policy and refund policy expressly mentioned on the sales page.

Once a project with a User is ended, either upon successful completion or on cancellation, we will request you to submit a feedback regarding your experience with the User and the Site. These feedbacks will not only enable us to evaluate the performance of the Users but also give an idea to other customers regarding the suitability and performance of a User.

The feedback you provide will be posted on the User’s Account and will be publicly visible to the other Users, customers, and Visitors of our Site. However, if we find that the feedback is inconsistent with these Terms and our policies, we may remove the feedback, without prior notice to you.

In order to prevent abuse of the feedback system, we only permit you to submit a feedback to Users you have engaged in dealing with through our Site. You will not be able to provide a feedback for a User you merely communicated with but did not purchase their Services.

In addition to you providing feedback to the Users, the Users you work with will also be requested to provide their feedback for you. In case, receive multiple negative feedbacks from the Users, your Account will be suspended or terminated. Therefore, we advise you to be professional and courteous in your dealings.

If any dispute arises, we recommend you to amicably settle the same with the User. However, if you are unable to arrive at a mutually agreeable conclusion, you may refer the dispute to us in accordance with the Dispute Resolution mechanism provided herein above.

iii. Applicable Terms while purchasing from Sellers

Before making any proposals for the sale of the businesses or franchise listed on our Site, we recommend that you conduct your own investigation and due diligence into the businesses prior to making the purchase.

We do not conduct any investigation or due diligence regarding the listed businesses. The listing of the businesses on our Site is not a recommendation or warranty from our end regarding the genuineness of the business from our end.

If your investigations or due diligence demonstrate that the sale listing is not genuine, fraudulent, misrepresents relevant information, inaccurate or is in non-compliance of relevant laws, you will inform us of the same at [email protected] This will enable us to provide genuine listing to our Users and Visitors.

We will not be responsible for any loss or damage sustained by you due to the purchase of a business or franchise from our Site.

While dealing with a seller for a sale listing, we recommend that you complete the transaction and communicate with them through our Site. We will not be responsible, in any manner, for any sale, communication or transaction that takes place outside our Site’s framework.

We recommend that you only contact sellers for purchase of businesses/franchises, if you have a genuine interest in purchasing the listing. You will not contact any seller for any other purpose except for the listing.

The project cancellation and refund requests will be governed by the cancellation policy and refund policy expressly mentioned on the sales page.

iv. Applicable Terms while purchasing a Course

We recommend you to conduct individual investigation and exercise due diligence while purchasing any course listed on the Site. If you find that the course provider does not have the relevant legal and regulatory permissions to conduct the course, please write to us at [email protected]

We do not make any representations and guarantees regarding the value of the courses listed on the Site. We do not guarantee that these courses will enable you to secure better education or professional opportunities in the future.

If any such representations are made by the course provider in the course listings, the liability with respect to the veracity of these claims shall be solely of the course provider. Neither Profitship Enterprises nor our Site will be responsible if these claims of the course provider do not come true.

Unless expressly mentioned in the course listing and permissible under the applicable law, the courses do not provide you with an academic credit. Even if the course provider awards credits, there is no presumption that such credit will be accepted by other educational institutions.

You will only be entitled to a course completion certificate if you complete the entire course as per the requirements mentioned in the course listing. The granting of course certificate will be governed by the course policy provided in the course listing.

Your access to the listed course is a temporary, revocable, and non-exclusive license by us and the course providers to use the information and content provided through the course for the limited educational purpose. Any unauthorized use by you of the course shall be deemed to be an infringement thereof.

The license of the course and its materials to you shall not be deemed to be a sale thereof in your favour. You cannot resell or sub-license the course or its materials to any third party.

You cannot resell, reproduce, redistribute, transmit, assign, license, sublicense, broadcast, rent, share, lend, modify, edit, create, or adapt any of the course materials. You will not exploit the aforesaid license for any commercial gains.

The duration for you which can access the course and its materials post completion shall be subject to the membership plan you subscribe to on our Site.

As part of the course requirements, the course provider may require you to submit assignments, homework or test answers. You undertake that all of the aforesaid content that you furnish for course requirements will be your original work. If the work is found to be plagiarized, the course provider may refuse to provide you with a course completion certificate.

We may also suspend or terminate your Account where we are informed that your submissions are plagiarized.