TERMS OF SERVICE AGREEMENT

Last Revision: 08.12.2023

Welcome to www.mobicrew.com. This website is owned and operated by MAXIMUS CREW PRIVATE LIMITED at No.1104, 23rd Cross, MCECHS layout, Dr. Shivarama Karanth Nagar, Bangalore, Karnataka - 560077. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereinafter referred to as the ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section for more information).

We reserve the right to change this Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS AND SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement governs your use of this website www.mobicrew.com (hereinafter referred to as the ‘Website’), MAXIMUS CREW PRIVATE LIMITED’s offer for purchase on this Website, or your purchase of products and services available on this Website. This Agreement includes and incorporates by this reference, the policies and guidelines referred below. MAXIMUS CREW PRIVATE LIMITED reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. MAXIMUS CREW PRIVATE LIMITED will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MAXIMUS CREW PRIVATE LIMITED encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with MAXIMUS CREW PRIVATE LIMITED for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

Responsible Use and Conduct

• In order to access our information, resources, services, products and tools, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the information, resources, services, products and tools. You agree that any information you provide will always be accurate, correct, and up to date.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our information, resources, services, products and tools. Accordingly, you are responsible for all activities that occur under your accounts.
• Accessing (or attempting to access) any of our information, resources, services, products and tools by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our information, resources, services, products and tools through any automated, unethical, or unconventional means.
• Engaging in any activity that disrupts or interferes with our information, resources, services, products and tools, including the servers and/or networks to which our information, resources, services, products and tools are located or connected is strictly prohibited.
• Attempting to copy, duplicate, reproduce, sell, trade, or resell our information, resources, services, products and tools is strictly prohibited.
• You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

All services and service packs offered are duly assigned to perform to trained and verified personnel and services are carried out on specific request and instructions of the subscriber. “Mobicrew” only assures supply of personnel for services to be performed as per your instructions.

Privacy

MAXIMUS CREW PRIVATE LIMITED believes strongly in protecting user privacy, which is why a separate Privacy Policy has been created to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to MAXIMUS CREW PRIVATE LIMITED privacy policy, incorporated by reference herein, that is posted on the Website.

Terms of Offer

This Website offers certain products, services and service packs (hereinafter referred to as ‘“Products”, “Services” & “Subscription”’). By placing or subscribing to an order through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation

Unless you notify our third-party call center representatives or direct MAXIMUS CREW PRIVATE LIMITED sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, it is assumed that you are agreeing to continue to receive further emails and call solicitations from MAXIMUS CREW PRIVATE LIMITED and its designated in-house or third-party call team(s).

Customer Solicitation

Unless you notify our third-party call center representatives or direct MAXIMUS CREW PRIVATE LIMITED sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, it is assumed that you are agreeing to continue to receive further emails and call solicitations from MAXIMUS CREW PRIVATE LIMITED and its designated in-house or third-party call team(s).

1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out by sending a request email to support@mobicrew.com.
3. You may send a written remove request to MAXIMUS CREW PRIVATE LIMITED sales representatives of your desire to opt out of further direct company communications and solicitations, at No.1104, 23rd Cross, MCECHS layout, Dr. Shivarama Karanth Nagar, Bangalore, Karnataka - 560077.

Proprietary Rights

MAXIMUS CREW PRIVATE LIMITED has proprietary rights and trade secrets on www.mobicrew.com website and its apps. You may not copy, reproduce, resell or redistribute services offered by MAXIMUS CREW PRIVATE LIMITED. MAXIMUS CREW PRIVATE LIMITED also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and all other information.

Taxes: If you purchase any Products, Services or Subscriptions, you will be responsible for paying the applicable taxes (GST) as per the classification of the service.

Content, Intellectual Property, Third Party Links

In addition to making available Products, Services and Subscriptions, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about its Products, Services and Subscriptions. MAXIMUS CREW PRIVATE LIMITED does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that MAXIMUS CREW PRIVATE LIMITED does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use, all services offered on “Mobicrew” are direct to you as consumer and end user. Any links to third-party websites are provided solely as a convenience to you. MAXIMUS CREW PRIVATE LIMITED does not endorse the contents on any such third-party websites. MAXIMUS CREW PRIVATE LIMITED is not responsible for the content or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website

MAXIMUS CREW PRIVATE LIMITED is not responsible for any damages resulting from use of this Website by anyone. You will not use the Website for illegal purposes. You will:

• abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property)
• not interfere with or disrupt the use and enjoyment of the Website by other users
• not resell material or services on the Website
• not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
• not defame, harass, abuse, or disrupt other users of the Website

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website for availing its Products, Services and Subscriptions. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from MAXIMUS CREW PRIVATE LIMITED or the applicable third party (if third-party content is at issue).

Blogs

• We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, news groups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  • not interfere with or disrupt the use and enjoyment of the Website by other users
  • infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
  • contains any type of unauthorized or unsolicited advertising
  • impersonates any person or entity, including any www.mobicrew.com / MAXIMUS CREW PRIVATE LIMITED employees or representatives.
• We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
• We do not assume any liability for any content posted by you or any other third-party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of MAXIMUS CREW PRIVATE LIMITED, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our information, resources, services, products and tools. All information provided as part of our registration process is covered by our Privacy Policy.
• You agree to indemnify and hold harmless www.mobicrew.com, a digital property of MAXIMUS CREW PRIVATE LIMITED and its affiliates, and their directors, officers, managers, employees, donors, agents and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Posting

By posting, storing, or transmitting any content on the Website, you hereby grant MAXIMUS CREW PRIVATE LIMITED a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. MAXIMUS CREW PRIVATE LIMITED does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. MAXIMUS CREW PRIVATE LIMITED is not liable for any damage or harm resulting from any posts by or interactions between users. MAXIMUS CREW PRIVATE LIMITED reserves the right, but has no obligation to, to monitor interactions between and among users of the Website and to remove any content MAXIMUS CREW PRIVATE LIMITED deems objectionable, in MAXIMUS CREW PRIVATE LIMITED’s sole discretion.

Disclaimer of Warranties

Your use of this Website and/or the Mobicrew app are at your sole risk. MAXIMUS CREW PRIVATE LIMITED expressly disclaims all warranties of any kind, whether express or implied. The Website offers services for supply service personnel or service associates, to provide service assistances and services as instructed by the service receiver/client/ instructor/caretaker; third-party products for sale; community subscription and event tickets. Mobicrew only assures the process of verification of the personnel who are willing to offer services as listed/offered on the app or Website, verification of third parties whose Products are listed on the Website, and verification of events listed on the Website. Mobicrew under no circumstances takes any responsibility for the delivery of Products and Services, and any defect or damages reported on the app or Website by the end user. Mobicrew assures strict enquiry and reporting of compliances as applicable under. Mobicrew will not be liable for any damages, or any act of service provided by the service provider or associate beyond the description of the service sought on the service portal/website or app. Mobicrew is not liable for any warranties or service quality posted by service associate on the listings or user experiences, or ratings on the website based on user experience. Mobicrew is not liable for product quality, delivery, return and refunds, nor for event quality, its occurrence or cancellation, and refunds.

Without limiting the generality of the foregoing, MAXIMUS CREW PRIVATE LIMITED makes no warranty:

• that the information provided on this website is accurate, reliable, complete, or timely.
• that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
• no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein
• as to the results that may be obtained from the use of the products or that defects in Products/Services will be corrected.
• regarding any purchase or service obtained through the website.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

MAXIMUS CREW PRIVATE LIMITED’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website and app content and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling charges, for Products and Services purchased via this Website.

MAXIMUS CREW PRIVATE LIMITED will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement and/or in any manner, including liabilities resulting from:

• the use or the inability to use the wWebsite content
• the cost of procuring substitute content
• the cost of procuring substitute content
• any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

In conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of www.mobicrew.com or the Mobicrew app. MAXIMUS CREW PRIVATE LIMITED will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, services, products and tools, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Indemnification

You will release, indemnify, defend and hold harmless MAXIMUS CREW PRIVATE LIMITED, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assignees from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of

• this Agreement or the breach of your warranties, representations and obligations under this Agreement;
• the Website or app content or your use of the Website or app content
• any intellectual property or other proprietary right of any person or entity
• your violation of any provision of this Agreement; or
• any information or data you supplied to MAXIMUS CREW PRIVATE LIMITED.

When MAXIMUS CREW PRIVATE LIMITED is threatened with suit or sued by a third party, MAXIMUS CREW PRIVATE LIMITED may seek written assurances from you concerning your promise to indemnify MAXIMUS CREW PRIVATE LIMITED. Your failure to provide such assurances may be considered by MAXIMUS CREW PRIVATE LIMITED to be a material breach of this Agreement. MAXIMUS CREW PRIVATE LIMITED will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website and/or app content, with the counsel of MAXIMUS CREW PRIVATE LIMITED’s choice at its expense. MAXIMUS CREW PRIVATE LIMITED will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend MAXIMUS CREW PRIVATE LIMITED against any claim, but you must receive MAXIMUS CREW PRIVATE LIMITED’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website and/or app

Copyrights/Trademarks

All content and materials available on MobiCrew’s Website and app, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of MAXIMUS CREW PRIVATE LIMITED and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by MAXIMUS CREW PRIVATE LIMITED.

Agreement To Be Bound

BY USING THIS WEBSITE OR APP OR ORDERING PRODUCTS, SERVICES, AND/OR SUBSCRIPTIONS THROUGH IT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.

General Clauses

• Force Majeure: MAXIMUS CREW PRIVATE LIMITED will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
• Cessation of Operation: MAXIMUS CREW PRIVATE LIMITED may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and app and distribution of its Products, Services and Subscriptions.
• Entire Agreement: This Agreement comprises the entire agreement between you and MAXIMUS CREW PRIVATE LIMITED and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver

The failure of MAXIMUS CREW PRIVATE LIMITED to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law/Jurisdiction

This Agreement will be governed by the laws of Bangalore city, State of Karnataka, India. It can be accessed by most countries in the world. As each country has laws that may differ from those of Bangalore city, Karnataka, India, without regard to its conflict of law principles to the contrary, neither you nor or a representative can prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Bangalore city, State of Karnataka, India. By using this Website and the app, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents outside the jurisdiction of Bangalore city, State of Karnataka, India.

This Website and the app are controlled by MAXIMUS CREW PRIVATE LIMITED from our offices located in Bangalore city, State of Karnataka, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Bangalore city, State of Karnataka, India, by accessing our Website and app, you agree that the statutes and laws of Bangalore city, State of Karnataka, India, would be applicable, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and app and the purchase of any Products, Services and Subscriptions through this site and/or app.

Furthermore, any action to enforce this user Agreement shall be brought in the courts having jurisdiction over such issue, located in Bangalore city, State of Karnataka, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or app or this Agreement must be filed within one (1) year after such claim or cause of action arose, else be forever barred.

Waiver of Class Action Rights

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination

MAXIMUS CREW PRIVATE LIMITED reserves the right to terminate your access to the Website and app if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and app, and MAXIMUS CREW PRIVATE LIMITED may, in its sole discretion and without advance notice to you, cancel any outstanding orders/services/ subscriptions. If your access to the Website and app is terminated, MAXIMUS CREW PRIVATE LIMITED reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website and app. This Agreement will survive indefinitely unless and until MAXIMUS CREW PRIVATE LIMITED chooses, in its sole discretion and without advance notice to you, to terminate it.

Domestic Use

MAXIMUS CREW PRIVATE LIMITED makes no representation that the Website and app are appropriate or available for use in locations outside India. Users who access the Website and app from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Cancellation and Refund

Please refer to the Cancellation & Refund Policy on www.mobicrew.com for this information.

Guarantee

Unless otherwise expressed, MAXIMUS CREW PRIVATE LIMITED, Mobicrew Website and app expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content for a particular purpose and non-infringement.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. MAXIMUS CREW PRIVATE LIMITED may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS, SERVICES AND SUBSCRIPTIONS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

MAXIMUS CREW PRIVATE LIMITED
No.1104, 23rd Cross, MCECHS layout, Dr. Shivarama Karanth Nagar
Bangalore, Karnataka – 560077
support@mobicrew.com