Terms & Conditions

How to Become Partner?

1- For selling on HiSmarty you must be Registered user on our website, If you are not Registered and then Click Here and on this page fill all required information marked with *. If you are already registered but your are not a partner then Click Here .

2- On same page at bottom of the form ( "Want to Sell Services & Products") Select Yes for ( "want to become partner?") and Enter your User name as Seller name or Company name and hit Search button to find available username.

 

Note: User name should be available to continue process or enter another username (Seller/Comapny name).

How much money can I make?

It's totally up to you. You can work as much as you want. Many sellers work on HiSmarty full time and some keep their 9-5 job while using HiSmarty to make extra money. 

Motivational Example : If you are selling 10 Product or Services at average price of Rs.500, If you sold one or two products a day then your profit would be without any big effort: 

Rs.500 x 2 Sale( day) - HiSmarty fee Rs.100( which is 10%) = Rs.900 ( Your Profit is Rs.900 per day) 
or Rs.500 x 5 Sale( day) - HiSmarty fee Rs.250( which is 10%) = Rs.2250( Your Profit is Rs.2250 per day) 

After listing your Product or Services : Just work 5mins - 30mins daily to promote on social networks to make huge money because no other work required. 

Note: This is just a example, You can earn according to your effort and quality of your product and Services. With very little effort you can earn Rs. 50k to Unlitmited.

What I can sell?

Be creative! You can offer any service you wish as long as it's legal and complies with our terms. There are over 100 categories you can browse to get ideas. Example : People who have huge list of Subscribers or Followers on youtube, Facebook, Twitter & on others they are promoting others brand with their posts and making huge money.  Also buyers are ordering services like Likes & followers for their pages. Don't think limited you can sell any service!   Few Selling Ideas : -

  • Graphic Design: Here you can offer designing services like logo, websites, posters , Photoshop services, any Graphic & Designing related services.
    • Logo Design
    • Business Cards & Stationery
    • Illustration
    • Cartoons & Caricatures
    • Flyers & Posters
    • Book Covers & Packaging
    • Web & Mobile Design
    • Social Media Design
    • Banner Ads
    • Photoshop Editing
    • 3D & 2D Models
    • T-Shirts
    • Presentation Design
    • Infographics
    • Vector Tracing
    • Invitations
    • Other
  • Digital Marketing : 
    • Social Media Marketing
    • SEO
    • Web Traffic
    • Content Marketing
    • Video Marketing
    • Email Marketing
    • Search & Display Marketing
    • Marketing Strategy
    • Web Analytics
    • Influencer Marketing
    • Local Listings
    • Domain Research
    • E-Commerce Marketing
    • Mobile Advertising
    • Music Promotion
    • Other
  • Music & Videos : You can sell many services music & video editing or production services, also you can offer other services related to Music & Videos.
    • Resumes & Cover Letters
    • Proofreading & Editing
    • Translation
    • Creative Writing
    • Business Copywriting
    • Research & Summaries
    • Articles & Blog Posts
    • Press Releases
    • Transcription
    • Legal Writing
    • Other
  • Programming & Tech : You can offer programming services like new development or fixing bugs.
    • WordPress
    • Website Builders & CMS
    • Web Programming
    • Ecommerce
    • Mobile Apps & Web
    • Desktop applications
    • Support & IT
    • Chatbots
    • Data Analysis & Reports
    • Convert Files
    • Databases
    • User Testing
    • QA
    • Other
  • Video & Animation : You can sell Video and Animation related services like
  • Writing & Translations :
    • Resumes & Cover Letters
    • Proofreading & Editing
    • Translation
    • Creative Writing
    • Business Copywriting
    • Research & Summaries
    • Articles & Blog Posts
    • Press Releases
    • Transcription
    • Legal Writing
    • Other
  • Business :
    • Virtual Assistant
    • Market Research
    • Business Plans
    • Branding Services
    • Legal Consulting
    • Financial Consulting
    • Business Tips
    • Presentations
    • Career Advice
    • Flyer Distribution
    • Other
  • Fun & Lifestyle:
    • Online Lessons
    • Arts & Crafts
    • Relationship Advice
    • Health, Nutrition & Fitness
    • Astrology & Readings
    • Spiritual & Healing
    • Family & Genealogy
    • Gaming
    • Greeting Cards & Videos
    • Your Message On...
    • Viral Videos
    • Pranks & Stunts
    • Celebrity Impersonators
    • Collectibles
    • Global Culture
    • Other 

Also you can sell products under "Shopping" Category and booking services under "Hire For" category


Time to show your skills ! So what are you waiting for? Start earning now.

How much does it cost?

It's free to join HiSmarty. There is no subscription required or fees to list your services.

How do I price my service?

With Listing Packages, you set your pricing anywhere from Rs. 50 - Rs.xxxxxxx and also you can set extra for extra prices.

How much time will I need to invest?

It's very flexible. You need to put in some time and effort in the beginning to learn the marketplace and then you can decide for yourself what amount of work you want to do.

How do I get paid?

Once you complete a buyer's order, the money is transferred to your Bank Account. Must read Eligibility riteria below:-

 

What you need to get your money : 

You can get money to your Bank account, Paypal (Excluding india), Moneybookers (skrill).

 

Eligibility to get money in your Bank Account: 

  • Once order status is marked as completed. We transfer money to your bank account after 10 days of Order Status marked as "Completed" 
  • If buyers don't ask refund.
  • You need minimum Rs.500 balance in your account as "Payble Balance" to get money in you Bank Account.

 

Process: As you can see you can see the "Seller Amount" which is your total Earnings after paying HiSmarty Fees (Admin Fee), Once order status is marked as Completed then you would able to see your recent Earnings under "Payble Amount".

 

Amount Meanings: 

 

Total sold : Sellers Total Earnings (Excluding HiSmarty Fees) for your total sold listings. 

Seller Amount : Sellers Total Earnings after deducting HiSmarty fees.

Admin Amount : Fees amount charged by HiSmarty.

Paid Amount: This amount what we already sent to your Bank Account.

Payble Amount : Payble amount is Recent Pending Earning Amount which Seller will get to their Banks Accounts automaticly twice on every month.

 

 

When we send you money?

We will send your Earnings ("Payble Amount" ) to your bank Accounts if you fulfill all above terms. Also you don't need to create any request for withdraw because according to our terms, we will send you money twice on every month.

We will transfer money to sellers bank accounts, Sellers have to add bank details under tab named Add Bank Details.

What are the Seller Levels?

There are three type of selling levels, On each level you will unlock extra features to attract more buyers and to make more money.

What are the Selling Fees?

Entrepreneurs, Freelancers, Companies Services Marketplace:

A: 20% Fees for selling under all Categories & Subcategories  (Excluding B, C Categories).

 

Deliverable Products:

B: 12% Fees for selling under "Shopping" Category & Subcategories (Excluding AC Categories).

C: 15% Fees for selling under "Men", "Women" or "Kids Watches", "Shoes", "Clothes", "Sunglasses" Categories & Subcategories . (Excluding A,B Categories).

 

NOTES: Shopping category is for you if you want to sell deliverable products. No need to pay fees in advance becaue you can pay above small fee after final sale.

How to set flat rate shipping for all Buyers?

You can add custom flat rate shipping here, Click Here

Where is my Service & Product Listings?

Here you can find your all Products listed by you for selling, Click Here

SELLERS Dashboard
Creating a Listing

Your listing is the service that you sell on hismarty. Creating your listing is an opportunity to show off your talent and provide customers with all necessary information to help them decide to do business with you. First you have to become partne (seller) for selling Services or Products.

 

TO CREATE LISTINGS FOLLOW THE STEPS BELOW:-

 

STEP 1: Listing Details ( Required)

  1. In the listing TITLE field, write a title up to 80 characters. Your title should be short, clear, and to the point.
  2. After that enter description and select the appropriate categories and then subcategor for your listing.
  3. In the TAGS field, add a minimum of three words or phrases, which best describe your listing( because with the help of that people can reach to your listing easily).

STEP 2: Images & Pricing ( Required)

  1. Enter price for what you want to sell your service or products, Also you can add special countdown pricing timer for any period. (Note: This would be available on listing page as live countdown for discount ending on.)
  2. Upload main product image, Also you can add extra images.
  3. Enter location, Quantity (if selling products).
  4. You can chnage status of listing to Enable or Disable, Also you can enable disable shipping if you are selling product( you can manage shipping here)

STEP 3: Add Extras (optional)

  1. In this tab add extras title and prices.

    What is "For an extra"? With the help of extra option you can sell extra services or products. For example: You can deliver your listing fast at extra price or also you can provide extra services or anything for extra prices..
     

STEP 4: Downloads (optional)

  1. Select your digital download file what you want to sell, Digital download files you can  upload here.
  2. Also you can add your other Services or Products listings to show on product page.

    What is is "Downloads"? If you want to sell digital file then this is the option for you.
    What is "Related listings"? With the help of this option you can add your other listings on product page so users can see your other listings on your product page.

 

STEP 5: Listing Options (optional)

  1. Add options like Colors, Sizes, Booking on.

What is "Size"? for example you are selling products like clothing or accessories then you can add size options, which would be available for customers at listing page

NOTES: You can add many Size options( you have to click on + sign to add more option.

What is "Colors"? Here you can add different color options for customers with quantity and price their prices, So customers can buy according to them. 

NOTES: You can add many Size options( you have to click on + sign to add more option.

What is "Booking on"? This is the best option if you are selling services and if that services required date and time from buyers,  With the help of this option you can add many options, For example if you are selling pest control service then click on option "Booking on" then in OptionValue enter service name like pest control.

NOTES: You can add many booking options( you have to click on add option again to add more options.

 

Final :Click on Continue (Save).

 
How to add tracking number?

Step 1 : First click on Order History, As you can see all orders listed here , So now click on View (under Action tab)

Srep 2:  If you will scroll little you will able to find Tracking Number , So Select product for what you want to add shipping details and add shipping details !

How to change order status?

You can change order status to "Shipped/Delivered"

Step 1 : First click on Order History , As you can see all orders listed here , So now click on View (under Action tab)

Step 2: If you will scroll little you will able to find ORDER STATUS tab at left side, Select product then choose select order status and click on Continue !
How to add comments on Orders?

Step 1 : First click on Order History , As you can see all orders listed here , So now click on View (under Action tab)

Step 2: If you will scroll little you will able to find COMMENT at left side, Select product  then type comment and now click on Continue !
How to Print Invoice?

Step 1 : First click on Order History, As you can see all orders listed here , So now click on View (under Action tab)

Step 2: Now you will able to see PRINT INVOICE on right side (near submit button) then click on Continue !
How to cancel orders (if not in stock or not available)?

Step 1 : First click on Order History , As you can see all orders listed here , So now click on View (under Action tab)

Step 2: Now you can see CANCEL ORDER PRODUCT Button to cancel order
How to contact to Support?

Sellers can find this link under MARKETPLACE menu on right side or Click Here !

How to check Orders History?

Sellers can check orders history Click Here

How to find Selling Transactions?

You can find Selling Transactions Click Here

How to set Seller Profile (Company Banner, logo & Comapny Info)?

To set your company and profile info Click Here !

BUYERS GUIDE
How can I check my order status?

How can I check my order history?

How can I return/replace an item?

First go to Order History and view your order details , on this page you can Click on "Return/Replace" button and fill form. after that you have to ask store address to ship Product from your side. Do keep the product tags and packaging intact.

You can return/replace an item within 7 days of delivery. ''Return Policy'' to read our 7 days Easy Return policy, you can also check Buyer Protection Policy .

What is maximum time for delivery?

Delivery Time for Services:-

For delivery time check Listing page for Services.

 

Delivery Time for Products :-

Maximum time for delivery ( if shipped from your country) : 2-15 days! 

Maximum time for delivery ( if shipped from other country) : 18-60 Day!

How can i become Seller?

Click here to become our Partner!

Where is My Account?

Go to My Account section , here you will found many useful links on right side of menu

TERMS OF USE

These terms and conditions of use (“Terms of Use”) is an Agreement between you (“You” or “Your” or “Yourself” or “User”) and Jobess Services Private Limited (“Jobess”, “We”, or “Us”) that describes the terms on which Jobess offers You access to the Website and the services through the Website (as stated below)

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

1. General
1.1 www.Jobess.com (“Website”) is an Internet based portal owned and operated by Jobess, a company incorporated under the laws of India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Jobess at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.2 Jobess shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.Jobess.com to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. Jobess may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.
1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, www.Jobess.com.

2. Services
2.1 The Website is a platform that facilitates the online sale and purchase of services offered by Jobess’s various sellers / registered merchants / service providers / affiliates at a marked price (“Services”). The purchase of services on the Website shall be governed by the Terms of Sale (“Terms of Sale”)

3. Eligibility to Use
3.1 The Services are not available to minors under the age of thirteen (13) or to any Users suspended or removed from the Jobess system by Jobess for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of thirteen (13) years, You may avail the Services provided by Jobess through Your legal guardian in accordance with the applicable laws.
3.2 Jobess reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. User Account and Security
4.1 Jobess makes the Services available to You through Jobess’s Website, only if You have provided Jobess certain required User information and created an account (“Account”) through Jobess username and password or other log-in ID and password, which can include a Facebook, Google, Twitter or Linkedin ID or any other valid email ID (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Sale, uploaded guidelines, rules, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Jobess of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Jobess cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Jobess or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Jobess has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jobess has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

5. Pricing Information
5.1 Jobess follows a fixed pricing model. As buyers, you will see the pricing is based on the level of the Seller (check Levels page for reference). Jobess strives to provide You with the best prices possible on services You buy or avail of from the Website, at the same time making services available to a wider crowd at the affordable rates. The pricing details for purchase of services from the Website are detailed under the Terms of Sale.
5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Jobess expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 Jobess shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Jobess with our acquiring bank from time to time.

6. User Obligations
6.1 Subject to compliance with the Terms of Use, Jobess grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
6.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Jobess. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Jobess disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Jobess server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Jobess, including any Jobess Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Jobess or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
6.7 You agree that You are solely responsible to Jobess and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Jobess or its affiliates or its sellers may suffer) for any such breach.
6.8 You agree and acknowledge that Jobess is not the seller of the products and the services and Jobess shall in no manner be deemed to be the seller of the services on this Website. Jobess is only facilitating purchase of the services by You from the Seller by providing the Services to You.
6.9 You agree that Jobess may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

7. Use of Materials
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Jobess hereby grants You a non-exclusive, freely revocable (upon notice from Jobess), non-transferable access to view, download and print seller portfolios or any other materials available on the Website, subject to the following conditions:
• You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
• You may not distribute or sell, rent, lease, license or otherwise make the service portfolio or any other materials available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the portfolios or any other materials available on the Website.
7.2 The rights granted to You in the seller portfolios any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The seller portfolios or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by Jobess.
7.3 Any software that is available on the Website is the property of Jobess or its sellers. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Jobess.

8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 Jobess shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Jobess with our acquiring bank from time to time.

9. Intellectual Property Rights
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Jobess and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Jobess or their sellers or respective third parties. You are not permitted to use the Marks without the prior consent of Jobess, the seller or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Jobess owns all intellectual property rights to and into the trademark “Jobess”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Jobess or thirty party owner of such Content.

10. Third Party Content
The Website makes available general third party information such as, portfolios, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the services and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You for viewing and for comprehension purposes only. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Jobess does not provide any guarantee with respect to any the Third Party Content and Jobess shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

11. Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY Jobess ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Jobess MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Jobess OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Jobess WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Jobess ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 Jobess WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Jobess HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Jobess NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Jobess SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Jobess SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Jobess ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Jobess IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Jobess ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 Jobess SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

12. Indemnification and Limitation of Liability
12.1 You agree to indemnify, defend and hold harmless Jobess including but not limited to its affiliate sellers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Jobess that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Jobess harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
12.2 Notwithstanding anything to contrary, Jobess ‘s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.
12.3 In no event shall Jobess, its officers, directors, employees, partners or suppliers be liable to You, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Jobess has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
12.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

13. Violation of the Terms of Use
13.1 You agree that Jobess may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Jobess determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Jobess, for which monetary damages would be inadequate, and You consent to Jobess obtaining any injunctive or equitable relief that Jobess deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Jobess may have at law or in equity.
13.2 You agree that Jobess may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
13.3 If Jobess does take any legal action against You as a result of Your violation of these Terms of Use, Jobess will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Jobess.

14. Termination
14.1 The Terms of Use will continue to apply until terminated by either You or Jobess as set forth below. If You want to terminate Your agreement with Jobess, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Jobess has made this option available to You. For the same, you need to contact us via our Contact Us page
14.2 Jobess may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
• You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• Jobess is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
• The provision of the Services to You by Jobess is, in Jobess’s opinion, no longer commercially viable;
• Jobess has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
14.3 Jobess may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.4 You agree that all terminations shall be made in Jobess’s sole discretion and that Jobess shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
14.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Jobess chooses to terminate them.
14.6 If You or Jobess terminates Your use of the Website, Jobess may delete any content or other materials relating to Your use of the Website and Jobess will have no liability to You or any third party for doing so.
14.7 On the termination of the complete Website, all the outstandings for all the sellers will be solely cleared by Jobess as per the delegated time from the Third Party Payment Gateway Service, though Jobess shall not be responsible for any other liability for Your services or transactions.

15. Governing Law
15.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Jobess shall be governed in accordance with the laws of India without reference to conflict of laws principles.
15.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Jobess shall be subject to the exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

16. Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Jobess customer support

17. Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Jobess in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

18. Communications
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from Jobess relating to Services provided through the Website.
18.2 A User can unsubscribe/ opt-out from receiving communications from Jobess through SMS and e-mail anytime by:
1. Visiting https://Jobess.com/smsunsubscribe to unsubscribe from messages/ SMS; and
2. Newsletters sent daily at the registered email address.—by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

19. General Provisions
19.1 Notice: All notices of Jobess will be served by email or by general notification on the Website. Any notice provided to Jobess pursuant to the Terms of Use should be sent to Jobess customer support
19.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted here under to any third party. Jobess’s rights under the Terms of Use are freely transferable by Jobess to any third parties without the requirement of seeking Your consent.
19.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
19.4 Waiver: Any failure by Jobess to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Jobess of that provision or right.

20. Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Jobess shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Jobess is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Jobess may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Jobess for the feedback under any circumstances.

21. Levels
21.1 Levels will be associated to the user’s email id.
21.2 Levels cannot be transferred from one account to another.
21.3 Levels are just a parameter to help you pick sellers from different options and can only be used to decide the level of credibility of a seller’s services at Jobess.com
21.4 Levels cannot be redeemed for cash/voucher/coupons/offers unless as expressed by Jobess.
21.5 Levels can be credited only by activities and sales and not by the amount spent by the Seller on the promotions on the Website.
21.6 Jobess reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
21.7 Jobess reserves the right to promote or demote the validity of Levels associated to any activity.
21.8 Jobess has no obligation to compensate the customer after the termination/downgrade/ demotion/reduction of the Level and its Seller’s sole responsibility to maintain the Level.
21.9 Jobess reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the Level feature with any other feature, whether similar to this or not, or to withdraw it altogether.
21.10 Jobess reserves the right to disqualify any users from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned users.