User Agreement

This User Agreement describes the Terms and Conditions (hereinafter referred to as “Terms and Conditions” or “Terms”) which form a legal contract between the user of our services or any entity or organization that you might represent (hereinafter referred to as “user”, “you” or “your”) and ProMentorzGlobal (hereinafter referred to as “we”, “our” or “us”), which is an online marketplace wholly owned and operated by GenAiPulse Opc Private Limited, a Company incorporated under the Companies Act, 2013.

Terms used in this user agreement :-

  • "Account" means the user account which is associated/linked with your email address.
  • "Buyer" means a user who finds Seller(s) through the website and/or purchases services or items from Seller(s). A user may act as both a Buyer and a Seller under this user agreement.
  • "Dispute Resolution Process" means the procedure that Buyers and Sellers must follow when resolving disputes, in line with ProMentorzGlobal's Dispute Resolution Services.
  • "Inactive Account" means a user account that has not been accessed for a period of six months or any other time frame as determined by us periodically.
  • "Intellectual Property Rights" means all global intellectual property rights and their respective subjects, which include: (a) trademarks (both registered and unregistered), copyrights, patents, rights related to circuit layouts (or equivalent), registered designs, and any rights related to maintaining confidentiality; and (b) any applications or rights to register any of the aforementioned intellectual property rights as per clause (a), regardless of whether they are registered, capable of registration, or governed by applicable laws, at common law, or in equity.
  • "Job Recommendation" refers to a service wherein we help connect a Buyer with a Seller for the provision of service(s).
  • "Payment" means a payment done by the Buyer for Seller Service(s) in accordance with a User Contract, which is released in the manner described in the "Funds received for a project/Seller Services and Payments" section in these terms and conditions.
  • "Project" or "Listing" means a job (task) offered or awarded by a Buyer through the Website, which may include a project created by a Buyer, a project awarded by a Buyer, a service purchased by a Buyer from a Seller, or a service awarded to a Seller by a Buyer.
  • "ProMentorzGlobal Services" means any or all services provided by us to you.
  • "Seller" means a User who offers or sells services to a Buyer(s), or who identifies as a Seller on our Website. A User may act as both a Buyer and a Seller under this agreement.
  • "Seller Services" means any and all services provided by a Seller on our Website.
  • "User", "you", or "your" refers to any individual or any entity or organization that such individual might represent, who visits or utilizes the Website.
  • "User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any contractual terms accepted by both the Seller and Buyer and uploaded to the website, to the extent that such contractual teams are not inconsistent with this User Agreement and the Code of Conduct; (4) the terms for any Project awarded and accepted on the website, to the extent that such terms are not inconsistent with this user agreement and the code of conduct; and (5) any other material incorporated by reference periodically.
  • "Verified User" means a user who has been successfully verified by ProMentorzGlobal in compliance with the  Know Your Customer and Identity Verification Policy.
  • "Website" or "Platform" means the website accessible at promentorz.com, along with its regional or alternative domains, and any related ProMentorzGlobal services, tools, or applications, including mobile web, iOS Apps, Android Apps, API, or any other access method.

1. Overview

By signing up and using the website, you agree to the following terms with ProMentorzGlobal. We may at our sole discretion, amend or change this User Agreement and any linked information from time to time and post such amended or changed terms on our website, without giving any prior notice to you. Users are encouraged to visit our website from time to time to view any such changes or amendments to this user agreement.

The website is an online platform (venue) where the Registered Users search and Buy, and Sellers Sell services and items listed on our website. Both Buyers and Sellers must register and create an account on our website in order to Buy and/or Sell Services and/or items. The users may on our website award, complete and pay for projects, buy & sell services, and use the services that we provide. We are not a party to any contractual agreements or other such agreements done between the Buyer(s) and Seller(s) on our website, we only provide an online venue to facilitate connections between Buyer(s) and Seller(s). We reserve the right to change or modify services, add new services, change or add to the information on our website without giving you a notice of the same.

You understand that our website and it's contents are provided on an as-is basis, and we are not liable to anyone if there is any error on the information displayed on our website or if the information is not updated or current. Further, we do not undertake to keep the Website and it's content updated. We cannot guarantee or endorse the accuracy and reliability of any information displayed, uploaded or distributed through our website. You acknowledge that relying on any such information is done at your own risk. Our website may contain links to third-party websites, resources and advertisers, and all such content is not controlled by us and we do not endorse, sponsor, recommend or take any responsibility of such content.

We may at our sole discretion modify, suspend, eliminate or remove any content(s) from the website without giving any prior notice. We do not guarantee, either expressly or implicitly, the accuracy, completeness, reliability, or non-infringement of the platform or its content. Specifically, we do not warrant that :-

  • Access to our website will be secure, timely, consistent, or free from errors.
  • The website and its content are free from infringement, complete, reliable or accurate.
  • Any products, services, information, or other materials acquired or purchased through our website will fulfill or exceed your expectations.
  • Any defects in the website will be fixed.
  • Access to our website and any available services shall be secure, error-free, malicious code-free, confidential, uninterrupted or shall not be misleading.
  • The performance of our website or services will meet certain standards and have particular functionality.

To the maximum possible extent allowed by law, all warranties whether express or implied are disclaimed, including but not limited to warranties of fitness for a particular purpose, and non-infringement of intellectual property and merchantability.

2. Scope and Eligibility

Please read the whole user agreement and any linked information carefully before registering and creating a user account and using the services offered through our website. By using our website, you acknowledge that you have read and you agree to this User Agreement, and you have also read and agree to our Code of Conduct, Privacy Policy, Refund Policy and all other website policies, which are also part and parcel of this User Agreement, and all of the aforementioned policies together form a comprehensive agreement (hereinafter referred to as the “user agreement” or “agreement”). You also agree to be bound by the user agreement. In case you do not agree to this user agreement, or be bound by it, you may not use our services and/or immediately terminate the use of our services either by yourself or by contacting us to terminate your our services. If you represent any entity, organization or any other person, you confirm that you have the necessary power to bind such entity, organization or person to this user agreement. By registering on our website, you represent and warrant that you are capable of entering into a legally binding agreement with us and that you are not debarred or prohibited from accessing or using our services.

You agree that you will not use the website if you :-

  • do not hold a valid email address.
  • are under the age of 18 years.
  • are not able to get into legally binding contracts.
  • are a person barred from receiving and rendering services under the laws of India or other applicable jurisdiction.
  • are suspended or debarred from using the website.

Users may associate a business or company name with their account, and the user agrees that this user agreement is a legally binding contract with the user as an “individual” who is linked with the account and not which the business or company. You agree that the individual user remains fully responsible for any activity on their account. We reserve the right to refuse registration to any individual or entity as a user without providing any reason.

You are not permitted to transfer or assign your obligations, rights or responsibilities under this User Agreement without obtaining prior written consent from us.

3. Usage of our platform and limitations on it's use

Registered users are allowed to utilize the services provided through our website while ensuring that such use does not negatively impact ProMentorzGlobal.

You agree to knowingly (or unknowingly) refrain from doing the following activities :-

  • Post on the website or in any way transmit to the website any inaccurate, deceptive, unlawful, misleading, obscene, abusive, threatening, fraudulent, harassing or defamatory material or information whatsoever, or anything which may cause inconvenience, distress, harass, or incite hatred of any person.
  • Post on the website any content that contains any material linked to terrorist activities or contains any content whatsoever related to missiles or biological, nuclear or chemical weapons.
  • Post, upload, introduce or distribute on the website any information or file that contains a malware, virus, trojan horse, worm, bug or any other similar item or malicious software that may adversely impact the website and its functioning, and may harm ProMentorzGlobal, or the interest or property of our users.
  • Upload content or list items in incorrect categories or sections on our websites and services.
  • Violate any applicable local, national, or international laws, regulations or our policies such as the Code of Conduct.
  • Fail to make payment for service(s) availed by or delivered to you or fail to deliver Seller Services purchased from you.
  • Circumvent, avoid or manipulate our fee structure, billing procedures, or fees or payment owed to us.
  • Use any technique, software, routine or device that may interfere with the normal functionality of the website or take any other such action which could potentially damage, disable or overburden the normal functioning of the website.
  • Leverage any tools including but not limited to automated bots or spiders, to access the services for any purpose, to attempt to slow down the functioning of the website by making malicious requests or to monitor or copy the website's content.
  • Copy, publish, distribute, reverse engineer, create derivative works from, or utilize the website's content except as specifically allowed herein, or reverse engineer any functionality used by us in connection with the website.
  • Violate any other party's intellectual property rights or copyright by posting, utilizing or transmitting through the website.
  • Give on rent, lease, lend, distribute, sublicense or transfer rights of your account, username, and our services to any party.
  • Send or share spam, unsolicited messages, mass emails, chain letters, or pyramid schemes.
  • Download and combine listings from our website to display alongside listings from other sites without our explicit written consent, or copy, mirror, or integrate any part of our website into another site without our prior written approval.
  • Engage in activities that exploit or harm minors or attempt to do such activities by exposing them to inappropriate content.
  • Gain or attempt to gain unlawful and unauthorized access to any software, user accounts, computer systems connected to any of the platform's servers or databases through password hunting, hacking or other similar means.
  • Take any such action(s) which may interfere with the normal functioning of the website for other users, attempt to disrupt other users' experience with the website, or that may harm or offend us or other users.
  • Gather or collect user information such as email addresses without their consent.
  • Use the website to facilitate financial transactions, including but not limited to cryptocurrencies (e.g., Bitcoin, USDT, Solana etc.).
  • Launch or attempt to launch any form of attacks against our website and services, which may lead to "denial-of-service" to other users.
  • Redeliver any content or data of the platform using technologies such as but not limited to hyperlinks, framing and iframing.
  • Impersonate or attempt to impersonate the company, its employees, other users, or any individual or entity.
  • Take any action(s) that could damage or manipulate our ratings and harm our reputation.
  • Breach the principles of fair use of any copyrighted content or material available on the website (including our copyrights and trademarks) and exercising fair use in a manner that affects the market for the original work. You hereby agree and acknowledge that any unauthorized use of copyrighted material or content may amount to copyright violation(s) and can lead to legal consequences.

Use of our website in any way whatsoever for creating or with an intent to create a similar or competitive product or to replicate its features, ideas, functionality or graphics is strictly forbidden. Any annotations and summaries produced by our proprietary algorithms are protected by our copyright and you are prohibited from copying, transmitting, reproducing, creating derivative works from or reproducing this content without prior written consent from us and, if applicable, any third-party rights holders.

4. Security of your account

All user accounts (free or paid) are linked to individuals, and users must keep their login credentials safe and must not share their login credentials with others. The individual linked to an account shall be held fully accountable for any actions taken through the account, without exception or limitation whatsoever. You must promptly inform us if you become aware of any unauthorized access or security breach related to your account, or any of our services and the website, and take all necessary steps to mitigate the breach or unauthorized access, including preserving evidence and notifying the relevant authorities. Your user account is for your use only and you are fully responsible for safeguarding your account and password. You must not reveal or share your password with anyone else. We will not be held liable for any loss or damage caused by unauthorized access to your account if it results from your failure to protect your password.

5. Platform fees, fees for services and taxes

We shall charge our users platform fees and any applicable taxes for any service that is purchased on our website. Upon realization of the fees and any applicable taxes, the Buyer and Seller may communicate with each other over chat and/or video/audio calls depending upon the nature of service. We may charge fees for certain services such as profile recommendations, sponsored profiles, listing upgrades and paid memberships. Details of fees that we shall charge you are available in our Schedule of Charges, and you shall have the opportunity to review and accept such fees and charges. Our fees are currently quoted in Indian Rupees (INR). We reserve the right to change the fees for any paid services (both temporarily and permanently) and any such change shall be applied to the existing Schedule of Charges and made available on our website.

Users are solely responsible for paying any taxes applicable to the jurisdiction of the services provided which may include without limitation, value added tax, goods and service tax or such similar taxes. You agree that we have the right to add any applicable taxes in the fees billed to you. Further, you agree to comply with your income tax obligations as applicable in your specific jurisdiction.

6. Administration agent

We may at our sole discretion, occasionally appoint our affiliates, related companies, or any other third party to act as our agent for processing payments (including merchant services) on our behalf, either from or to users. You hereby acknowledge and agree to such an appointment and also understand that such third party shall have the same powers and rights as we do under this user agreement and such third party shall be entitled to exercise these rights in their own name an/or on behalf of ProMentorzGlobal. We shall however have no liability for any damages, loss or any other liability that arises from the actions or negligence of the Administration Agent.

7. Marketing, promotion and advertising

You hereby agree that we may use the content of your profile including public description of your services and projects, your logo, business name (if any), images, audio, video or any other materials without restriction on our website for marketing and other related purposes, with the exception where you have requested in writing to not use such content and we have also agreed to your request.

We may at our sole discretion display any promotions or advertisements on our website, and you agree that we shall not be liable to you on account of any loss or damages incurred by you as a result of presence of such advertisements or promotions or any subsequent dealings with any other third party. You agree that you shall not sell, create derivative works, distribute or modify the content of such advertisements or promotions and they may be protected by patents, trademarks, copyrights or other intellectual property rights and laws. You agree that any website link posted on our website including any listing, description, message, board must relate to a project, item or user service being delivered by the website and you must not advertise any external website, product or service on the website.

8. Your User Generated Content

We do not claim ownership of your User Generated Content; however, by submitting it on our website, you grant us an irrevocable, non-exclusive, sublicensable, and royalty-free worldwide license to use, publish, reproduce, display, distribute, create derivative works, modify, transmit, adapt, translate, and otherwise exploit your User Generated Content in any form, whether in whole or in part. This includes all intellectual property rights, trademarks, copyrights, patents, trade secrets, and privacy and publicity rights. The license allows us to use your content in all existing or future media formats and on third-party platforms, with no limitations on the duration, number of copies, or frequency of use. This can be done without further notice to you, and without requiring permission or compensation to you or any other individual or entity.

You hereby agree that:- i) The user generated content which you upload or submit on our website is subject to our approval, and we may also reject, approve or modify your user generated content at our sole discretion and without giving any notice to you; ii) Our website is merely an online venue where the user generated content can be published and distributed and as such we make no warranty regarding the availability of content on our website. We reserve the right to take any action as determined suitable by us with respect to the user generated content, however there is no obligation on us to do so; iii) We do not take any responsibility for the deletion of any user generated content or the failure to store such content and neither do we take any liability for the same, irrespective of whether such content was made available on the website or not.

You agree that your personal information may be transferred outside India or your country (if residing outside India), and if you wish to withdraw your consent then we may be unable to provide you access to our website and services and it may also lead to closure of your account.

9. Information on our website

You acknowledge and agree that any information whatsoever available on our website is not and is neither intended to be advice (professional or otherwise) and should not be treated as such. If you have any specific questions or queries about anything whatsoever then you should consult a qualified professional adviser and any information on our website should not be relied upon.

We may use your user profile information such as name, username, city, state, country, location, profile photo, photos or videos, for providing you various services on our website. We may also read, access and download all uploaded files and correspondence posted on our website for meeting our regulatory compliance obligations, and for fraud detection and investigation, risk management and other related purposes.

Our website may contain links to third party websites which are not controlled by us. Use of links to third party websites or third party content is solely at your risk and we in no way endorse such links, content, products, services or policies of such third party websites. Our website may also provide access or links to third party content such as articles, user reviews or other content and we shall have no liability for any such third party content arising in connection with the laws of intellectual property, copyright, privacy, obscenity, libel, defamation or anything else whatsoever.

10. Privacy

Our Privacy Policy governs how we use your information, and if you object to your information being transferred or used in this way then you must immediately discontinue using our website and services. We shall use your personal information such as you name and other details for identity verification purposes as part of regular business operations within our online marketplace.

To clarify, your personal details and name will be used for identity verification purposes as part of regular business operations within our online marketplace, which may include invoices and purchase orders, transactions between parties and other such things.

11. User review and feedback system

You acknowledge and agree that any review, feedback, rating (whether sole or in aggregate) or reputation left by you on our website belongs solely to us and you hereby transfer the copyright of any such review, feedback, rating or reputation to us. You understand that we only permit you to use our review, feedback, rating or reputation system while you are a registered user with our website. You agree to use any such review, feedback, rating or reputation in a manner that is consistent with this user agreement and our policies. Any and all reviews, feedback, ratings or reputation belongs to us and may solely be used for facilitating the provision of Seller Services and may not be used for any other purpose. You are strictly prohibited from using your Buyer or Seller feedback in any other online, offline or any other venue whatsoever other than our website, for any purpose whatsoever.

You shall not knowingly (or unknowingly) do anything that undermines the integrity of our user review and feedback system. We reserve the right to suspend or terminate your Account at any time if we have concerns about any feedback related to you or your feedback rating, and we believe that our feedback system may be compromised.

12. Communication with other users of our website

You acknowledge and agree that communication with other users (includes Buyers and Sellers) must only be done through the communication channels provided on our website, that is, text chat, message boards and/or audio/video calls. Users must not communicate with other user(s) through any channel or means other than our website. Users must not share or attempt to share their phone number, email address, WhatsApp, Line, Skype, WeChat, SnapChat, Google Meet, Yahoo, Messenger or any other contact information over text chat, message boards, audio/video calls or on their profile. Email address and phone number is only permitted to be entered on our website at the time of New User Account registration or while updating these details. Users who are found to be communicating with other users outside the website shall be in breach of this User Agreement and will incur a fine/penalty amounting to 40% of the project amount agreed or maximum project budget agreed between the buyer, seller or other involved parties. The users must agree the terms and conditions of the project/engagement over text chat before making the payment for Seller Services.

13. Verified profiles and know your customer

You agree and authorize us to make any inquiries as we deem necessary to validate your identity and the authenticity of any identity documents uploaded on the website. You agree that we may make any such enquiries on our own or by engaging any third party. You shall upon request provide us any details that we may require to validate your identity including your date of birth and consent to verify your information against any third party sources, websites or databases. We may also ask for copies of your identity documents photo and signatures. We reserve the right to update the information on your profile to match with your provided identity document(s). You must upon request confirm the ownership of your communication details such as email address and your financial instruments such as your credit card, debit card or similar. Any payments/disbursements can be made only to the beneficiary whose particulars match with the provided identity documents and account details. We may be unable to release funds if your details are not verified by us, and some other restrictions may also be applicable in this case. We may also request you to attend a video interview for verifying your identity, skills and background. In case we are unable to obtain and/or verify the information that we have requested under this section, then we reserve the right to suspend, close or limit access to your account and/or our website and services.

Upon successful verification of user's identity or credentials either by us or through a third party background check, we may display “Verified” with a blue tick on the user's profile on our website. However, we cannot and do not confirm each User's purported identity on the website and make no warranties whether express or implied, since such verification is based solely on data that a user submits, and we display “Verified” with a blue tick along with user's name, geographical location and such other information on our website solely for the convenience of users, and the provision of such information is not an introduction, endorsement or recommendation by us.

14. User contract and user services

Once the Buyer awards a project/ task to the Seller and the Seller accepts it on our website, the Buyer and Seller shall be deemed to enter into a binding “User Contract” under which, the Buyer agrees and commits to purchasing, and the Seller agrees and commits to providing and delivering, the Seller Services. You agree that you shall not enter into any User Contract or any other such terms that are in conflict with this user agreement.

Each user understands and agrees that the relationship between Buyers and Sellers is that of independent contractors. This user agreement does not establish a joint venture, agency, partnership, or employment relationship between users. It should not be interpreted as creating a partnership, joint venture, or employer-employee relationship between ProMentorzGlobal and any user.

If a user breaches any or all obligations under a user contract to you then you are solely responsible for enforcing your applicable rights, and you agree that we shall have no obligations or responsibility for enforcing your rights. You are also solely responsible for ensuring that you comply with your own obligations towards other users, otherwise you may become liable towards other users. You also agree that you are aware of prevailing local and international laws and any other regulations and statutes that may be applicable to you as a user (Buyer or Seller or any other user).

Sellers and Buyers may have certain rights under statutory warranties that cannot be excluded, depending on their jurisdiction. This user agreement does not intend to override any rights that are protected by applicable law. Additionally, this user agreement does not aim to violate laws concerning unfair contracts. In the event that any part of this user agreement conflicts with non-negotiable rights under local laws, all parties agree that the user agreement should be interpreted only to the extent necessary to comply with those laws.

ProMentorzGlobal will manage all recorded content in accordance with applicable laws and its privacy obligations under these Terms. Users acknowledge and agree that we may record, store, and review audio and video calls made through the platform’s in-app communication features for the purpose of service improvement, quality assurance, and training.

You acknowledge and agree that :-

  • ProMentorzGlobal is merely providing an online venue for Buyers and Sellers to connect with each other, and we make no guarantees or warranties whether express or implied in relation to service quality, service delivery or interaction quality, and we have no liability for the same.
  • We are not a party to any disputes that may arise between the Buyer and Seller, we however provide a dispute resolution mechanism to assist with dispute resolution.
  • Failure to complete the service or task shall be construed as a breach of this user agreement.
  • Users must never disclose their personal details such as email, name, address, phone number in project/task description or in any other communication done through the website.
  • The Seller must click on the “Complete” button to indicate that the project has been completed by the Seller, and the Buyer must also inform us by clicking the “Complete” button that the project has been satisfactorily delivered by the Seller.
  • We do not assess, review, endorse, verify, recommend or confirm any claims of capability, credentials, or licenses regarding any projects/tasks/services posted on the website.
  • We may collect location-related data from you through methods such as GPS, Wifi, IP address, and others. This data, in the context of facilitating services for projects, may be shared. By consenting to this agreement, each user explicitly agrees to the collection and sharing of this information.
  • Our fees shall apply to both the Buyer and Seller who are engaged in a project/task and details of fees can be obtained from the Schedule of Charges.

15. Funds received for a project/seller services and payments

The amount that you prepay as a Buyer for any project/Seller services shall be considered as positive funds in your account and the amount the Seller receives for any completed project may reflect as positive funds in your account. You may have positive funds in your account which were received in form of commissions such as from referral program(s). Such funds are held by ProMentorzGlobal in our operating account(s) with financial institutions along with funds received from other user accounts and any other funds that we may have. Any interest or other earnings received in our operating account(s) from the financial institutions belong solely to us and you are not entitled to receiving any such interest or earnings from the funds in your account, and you agree to not hold us liable to you for such interest or earnings.

If your account has negative funds then we may offset such amount with the funds that you receive in your account in the future.

You acknowledge and agree that :-

  • We are not a bank or a financial institution and we do not provide any banking or financial services to you.
  • The prepayment of fees for Seller Services or any dues or fees that are payable by you to us are our unsecured obligations towards you in terms of your right to instruct us to make payments related to the buying and selling of Seller Services via the website. We are in no way a fiduciary or trustee for such payments.
  • Only we can load funds into your Account or release them from it, and you are required to use the available mechanisms on the website to either pay for or receive funds related to Seller Services.
  • We may combine your funds with those of other users and our own, and these commingled funds could be used for paying other users, general corporate purposes, or other reasons.
  • If we are obligated to release funds from your Account to you, you will be considered our unsecured creditor until those funds are fully paid to you.
  • Refunds that need to be processed in your favor will be credited back solely to the original payment source and cannot be redirected to any other payment method.
  • If your account was transferred to us and migrated to the website resulting from the acquisition of another marketplace or company, we are only responsible for your positive funds as outlined in the legal documentation between us and the acquired marketplace or company, along with this user agreement. You specifically acknowledge that it is your responsibility to verify the validity of your funds, and any errors or misstatements related to this are not a claim against us, but instead lie with the counterparty of any previous user agreement you accepted.

The amount that you prepay as a Buyer for any project/Seller services shall be held by us as positive funds in your account and such funds shall be released to the Seller only if :-

  • The Buyer instructs us that the Seller has satisfactorily delivered the project/services as described in the User Contract.
  • The Buyer and Seller both agree that the funds can be released to the Seller.
  • A dispute (if any) between the Buyer and Seller has been resolved in Seller's favour through the Dispute Resolution Process.

The positive funds in Buyer's account shall be paid back to the Buyer in case we have not received any communication or instructions from the Buyer or Seller for a period of five (5) months or any other time period as determined suitable by us, after the payment was made by the Buyer for the project/Seller services.

Currently, the payment can be accepted only from Indian Buyers and released to the Seller only in Indian bank accounts.

16. Withdrawal of funds

Your withdrawal of funds may be delayed for upto fifteen (15) working days for security and fraud related purposes or where our related policies require us to do so. We may also request your identity verification before any funds can be released to you as part of our anti-fraud and Know Your Customer (KYC) practices. We may at our sole discretion also impose a maximum withdrawal amount on the funds that you have earned.

17. Refunds

You can request a refund for any funds paid into your Account at any time, except when the amount relates to fees and charges owed to us or payment for Seller Services. You may follow our Dispute Resolution Process if the refund request pertains to the Payment for Seller Services, or the procedure outlined in the "Disputes with Us" clause if the refund request involves our fees and charges. Refund will be issued to you in the same payment method used for the original transaction, subject to our approval.

We may also issue refunds to users without a direct request if :-

  • We are legally required to do so or believe we must by law.
  • Refunding helps avoid a dispute or reduce our costs.
  • It aligns with any refund policies we establish from time to time.
  • We discover the original payment was fraudulent.
  • The user made a duplicate payment by mistake.
  • We determine, at our discretion, that issuing a refund is necessary to prevent a chargeback.

To request a refund, you can email us at support@promentorz.com. When you make a Payment for Seller Services, you agree to resolve any disputes through the process outlined in this user agreement, accept its ruling, and refrain from initiating a chargeback request with your card issuer. You agree to not request a refund through us in case you have already requested a chargeback from your card issuer, and you should not attempt to recover funds in multiple ways.

If you initiate a chargeback or any "Request for Information" process, you consent and agree to us sharing all information regarding your agreement with these terms to counter and defeat any such chargeback.

Based on all relevant circumstances and factors, if we determine at our sole discretion that you’ve made an excessive or unreasonable number of refund requests or chargebacks, we may limit, suspend, or close your Account immediately.

18. Prevention of fraud

We shall reverse any transaction immediately wherein we discover that funds deposited into an Account are the result of a fraudulent transaction from another Account. If any such funds were already released and/or paid to you, you have an obligation to immediately return such funds to your Account. Failure to do so may lead to the suspension, limitation, or cancellation of your account, and we may take further action to recover the funds.

ProMentorzGlobal reserves the right to refuse a fund withdrawal request made by a User if we have reason(s) to suspect that the source of such funds is fraudulent.

At our sole discretion, we may impose limits on some or all of the funds in your Account, effectively preventing their use, under the following circumstances :-

  • If the payment is being made to a country where we do not provide our services.
  • If we determine that there is a significant risk associated with your Account, transactions, or you personally, including the possibility that funds might be subject to chargebacks or reversal.
  • If required by applicable law or law enforcement authorities.
  • If we suspect that the payment is intended for someone other than you as the beneficiary.

If we suspect fraudulent or otherwise unacceptable activity, we may place a limit on your Account while we conduct an investigation.

In the event of a dispute, we may temporarily restrict the funds in your Account to cover potential liability. Should the dispute be resolved in your favour, the limit will be removed, and the funds will be available to you. If the dispute is resolved against you, the funds may be removed from your Account.

19. Chargebacks

A chargeback occurs when a user disputes a payment with their card issuer or financial institution. This, along with any subsequent reversal instructions, is issued by the payment product issuer or third parties like payment processors, and not by us. We are obligated to follow these instructions.

You acknowledge and agree that we have the right to recover any chargebacks or reversals that may be imposed on us by the payment product issuer or third parties (such as payment processors) for funds paid to you by Buyers via the Website, including any fees related to the processing of these chargebacks and reversals.

If any payments made to you are subject to chargeback or reversal instructions from your payment product issuer or third parties then you agree that we may reverse such payments. You expressly agree to us sharing all relevant information regarding your agreement to these terms and conditions in order to counter any such chargeback request, "Request for Information," or a similar request raised by you.

20. Engagement with users outside the website

  • Non-Circumvention period: You agree not to engage with a Seller (whether directly or indirectly) for any services outside of the website for a period of twenty-four (24) months from the date you were first introduced to or identified a Seller through the website, unless agreed otherwise with you in writing.
  • Requests for engagement during non-circumvention period: You may request us to engage with a Seller outside of the website, before the Non-Circumvention Period expires. It is at our sole discretion to approve or deny your request. You agree to pay us a conversion fee as specified in the “Calculation of Conversion Fee” paragraph in case we approve your request. The conversion fee shall be charged to compensate ProMentorzGlobal for the connection, introduction, facilitation and the value provided through the website. Payment of the Conversion Fee does not change the Seller’s status as an independent contractor, nor does it establish any employment relationship between ProMentorzGlobal and you and/or the Seller.
  • Calculation of Conversion Fee: Conversion fee shall apply in case you decide to engage with a Seller outside the website before the non-circumvention period ends, and it shall be the greater of the following two:
    • 35% of the Seller’s projected annual compensation and/or INR 2,00,000 for each violation, or;
    • A sum equal to 15% of 2,080 (work hours in a year assuming 40 hours per week) multiplied by the Seller's applicable hourly rate. Hourly rate shall be considered to be the higher of i) The most recent hourly rate paid by you to the Seller through the Website; or ii) Seller’s publicly listed hourly rate at the relevant time when your request was made.
  • Exclusions after non-circumvention period: You may engage the Seller outside of the website without having to pay the conversion fee upon expiry of the Non-Circumvention Period.
  • No employment relationship: This clause is solely intended to ensure that we receive fair compensation for our services and to maintain the integrity of the website. Nothing in this clause or any other clauses creates an employer-employee relationship between you and ProMentorzGlobal, nor between ProMentorzGlobal and the Seller.
  • Enforcement and remedies: Your account may be immediately suspended or terminated if you have not complied with your obligations under this clause. ProMentorzGlobal reserves the right to pursue all available legal or other remedies, including collecting the Conversion Fee and any associated recovery costs.

21. Inactive accounts

Inactive accounts are such accounts that have no login activity for a period of one year or other such time period as may be determined suitable by us. We reserve the right to close inactive accounts at our sole discretion without giving any notice to you. We may also charge a fees on user accounts that have not been used for a certain period of time in order to cover costs associated with your account, including but not limited to, marketing your profile on the website, profile data storage and hosting, support, administrative, management and other associated costs. The details about maintenance fees is mentioned in our Schedule of Charges.

22. Right to refuse service

We reserve the right to restrict or suspend access or close your account at our sole discretion and without giving any reason to you if :-

  • You do not complete account verification within the stipulated period of time as described in the request made to you or you fail to respond to account verification requests.
  • We discover that you have been or are involved in fraudulent or illegal activities.
  • You have breached or are acting in breach of this user agreement. In this case, you may become liable for fees.
  • We find that you have violated any legal rights including infringing Intellectual Property Rights.
  • You have intentionally quoted a lower price for your services on your profile or any project with the intention of privately renegotiating the price to avoid any fees charged to you by us.
  • Our payment and/or banking relationships prevent us from doing business with you.
  • We may need to manage potential risks to us, other users, or any other parties.
  • We have any other reasons to do so.

You agree to pay us any fees or charges that you owe along with all expenses, losses and costs incurred while investigating any breach of this user agreement. You agree and acknowledge that :- i) if you breach this user agreement, the damages we incur could be significant and may involve, among other things, fines and additional costs imposed on us by users and payment processors, and these damages could be hard to determine or measure; (ii) we reserve the right to fine you up to INR 2,00,000 for each violation, and/or pursue legal action to recover losses exceeding the fine amount; (iii) the fine of up to INR 2,00,000 is a reasonable estimate of our damages at present, based on the current situation, considering the potential harm and the understanding that proving actual damages might be extremely challenging; (iv) we may deduct the entire or part of the fine from your account as payment.

In case of your account closure for any reason other than breach of this user agreement, you shall only be entitled to receive any payment or funds that we owe you, and you agree that we shall be liable for no other claim whatsoever.

23. Dispute resolution services

ProMentorzGlobal provides Dispute Resolution Services for users who have purchased the Seller services. In case any dispute arises between the Buyer and the Seller concerning the return or release of payment made by the Buyer, either of the Buyer or Seller may opt to choose the Dispute Resolution Services, and in either case both parties shall be notified that the dispute will be resolved through this service. By opting and using the Dispute Resolution Service, you agree and acknowledge that we are not offering any legal service(s) or any advice on legal issue(s). In case you wish to seek legal advice, you are solely responsible for getting any such legal advice from a qualified legal professional.

To the fullest extent allowed by law, you agree to indemnify and hold ProMentorzGlobal and its affiliates harmless against any liabilities or damages resulting from your payments done with respect to Seller Services and/or the Dispute Resolution Services.

We will address disputes raised by either a Buyer or a Seller in accordance with the Dispute Resolution Services outlined in this section and the Disputes Policy. Additionally, it will handle disputes related to the provision of the platform and hosting of the website by ProMentorzGlobal, as explained in the "Disputes with ProMentorzGlobal and jurisdiction" clause, along with the chargeback information disclosure outlined in clauses 17 and 19 of this user agreement.

24. Disputes with users other than payments

You acknowledge and agree that in case any dispute arises between you and another user regarding any Project/Seller Service, you shall attempt to resolve the dispute, including anything related to the quality of services provided. If issues persist and you are unable to resolve the dispute, we encourage you to reach out to us at support@promentorz.com.

You agree that any disputes not related to Payments (which must be addressed under the Disputes Policy) shall be resolved according to this clause. ProMentorzGlobal holds the right to make final decisions on all such disputes. When a dispute is raised by the Buyer or Seller, we may ask both parties to submit all supporting documentation related to the dispute and you agree we may accept or reject any submitted documents at our sole discretion.

You also recognize and agree that ProMentorzGlobal is not a judicial or alternative dispute resolution body and will handle disputes in a reasonable, non-judicial manner as an ordinary person. You agree to indemnify ProMentorzGlobal and its affiliates and hold them harmless from any damages or liabilities arising from submission of any false or misleading documents or materials, since, we do not endorse or warrant that the documents provided by either party will be accurate, complete, or truthful.

You hereby acknowledge and agree to indemnify and hold ProMentorzGlobal or its affiliates harmless against any damages, claims or demands (both actual and consequential) whatsoever in relation to a dispute, our decision or determination or the use of Dispute Resolution Services for Payments and/or for other disputes.

Without limitation, the Dispute Resolution Services and other PromentorzGlobal services are governed by the Code of Conduct. If we discover that any user has violated the Code of Conduct while availing the Dispute Resolution Process, then the user may automatically lose the dispute in favor of the other party, regardless of who initiated the dispute, and the user may also face further disciplinary action. You agree to uphold fairness and ensure that your demands or offers in any dispute are reasonable. Any behaviour involving intimidation, threats, blackmail, or attempts to coerce users into leaving positive feedback will not be tolerated, including but not limited to withholding deliverables or payment in exchange for feedback.

25. Disputes with ProMentorzGlobal and jurisdiction

At ProMentorzGlobal we aim to resolve any disputes that arise between you and us immediately. In case of any disputes, you agree to contact us first along with all relevant details of the dispute to seek a resolution by emailing us at support@promentorz.com in order to enable us to look into the details and amicably resolve the dispute through mutual discussion(s) and negotiation(s). Any dispute which is not resolved amicably within a period of 90 working days from the date of receipt of a notice by ProMentorzGlobal shall finally be redirected to an arbitration tribunal which shall consist of one arbitrator chosen by ProMentorzGlobal in accordance with the Arbitration and Conciliation Act, 1996 (India). The venue for such arbitration shall be Dharamshala, Himachal Pradesh, India unless both parties have mutually agreed in writing upon a binding non-appearance based arbitration. The decision of the arbitrator shall be final and binding on both parties.

This agreement shall be governed and construed in accordance with the laws of India, without regard to the conflict of law principles. The courts at Dharamshala, Himachal Pradesh, India alone shall have exclusive jurisdiction over all disputes arising out of these terms and conditions or through the use of our website, subject to other provisions in this clause. Both parties agree and consent to the jurisdiction of such courts and agree to accept the service of process by mail, and waive any jurisdictional or territorial defences otherwise available.

All claims filed by you shall be resolved in accordance with the user agreement, and any claim filed by you in conflict with the provisions of this user agreement shall be deemed to be improperly filed and in breach of this user agreement. We shall intimate you regarding any improperly filed claim, and we reserve the right to recover any legal fees and costs incurred with respect to an improperly filed claim in case you have failed to immediately withdraw your claim. You agree not to pursue any claims under this user agreement on a class action or representative basis. Additionally, you will not attempt to coordinate or consolidate any arbitration or legal action under this user agreement with any other proceeding. If ProMentorzGlobal does not act with respect to any breach committed by you then it does not waive off our rights with respect to present, future or similar breaches.

ProMentorzGlobal is entitled to recover all costs and expenses incurred while enforcing this user agreement in case any proceeding filed by you or against you is commenced in accordance with the provisions of any bankruptcy or insolvency law.

26. Severability

In case any competent court of law finds any provision of this user agreement or part thereof to be unenforceable and it is held invalid, then such invalidity shall not affect the validity of the other provisions of this user agreement and the remainder of the terms shall continue to be in effect in full force. Such invalid provision shall be deemed to be severed from the agreement. If we fail to enforce any part of this user agreement then it does not constitute a waiver of our rights to enforce that part in the future, or any other part of this user agreement.

27. Indemnity

Under no circumstances shall ProMentorzGlobal, it's employees, affiliates, users or consultants, or it's parent company's shareholders, directors, agents, partners and subsidiaries, be held liable whether in warranty, contract, tort (including negligence), or any other type of liability, either to you, or any third party for any special, direct, indirect, consequential or any such losses or damages for any loss of data, income, business, profits (whether direct or indirect), goodwill or any other tangible or intangible loss, regardless of any circumstances whatsoever, or for any claim arising out of your use of our website and services, or if there is a dispute between one or more users of our website or between users and any third party. You agree that ProMentorzGlobal has no obligation to get involved in any dispute whatsoever. You hereby unconditionally agree to indemnify ProMentorzGlobal, it's employees, affiliates, users or consultants, or it's parent company's shareholders, directors, agents, partners and subsidiaries and hold them harmless against any sort of claim, damages, obligations, penalties or legal actions including any legal fees made by any third party against all aforementioned parties. This indemnification obligation shall remain in force even after the expiry of these terms and conditions or your services with ProMentorzGlobal.

These limitations on liability apply regardless of whether we, our staff, our affiliates or related entities, have been notified of the possibility of such damages or losses.

However, nothing in this user agreement is meant to exclude or limit any liability where the law prohibits such exclusion or limitation.

If we are allowed to limit remedies under this agreement, we specifically limit our liability for breaching any non-excludable condition or warranty implied by applicable legislation to the following remedies (at our sole discretion): either re-supplying the ProMentorzGlobal services or paying for the cost of having the ProMentorzGlobal services supplied.

28. Assignment

These terms or any rights granted hereunder cannot be assigned or transferred by you to any third party. Our rights under these terms are freely transferable to any third party without any restriction or requirement to seek your consent.

29. Account closure

You may request us to close your account by submitting a request via the Account Settings page on the website or by emailing us at support@promentorz.com clearly mentioning “Request for account closure” in the subject line. Before raising an account closure request you must clear all outstanding payments or fees due to us, complete any existing user contracts, and resolve any matters related to but not limited to suspension or restriction on your account. You agree that an account closure request is subject to approval from us. You also agree that we may retain some of your information even after the closure of your account to meet our regulatory, law enforcement, tax, auditing or any other obligations.

30. Notices and communication

Any notice that is required to be given pursuant to this user agreement shall be in writing and shall be sent to you through email on your registered email address or through a notification on the platform, and you may also send us the email to support@promentorz.com, or in writing and mailed by registered mail with return receipt requested or delivered by a national overnight express service. Any notice sent by email shall be considered delivered after 24 hours, unless the sender is notified that the email address is invalid or the email was not delivered. Either party may change the address to which the notice or payment is to be sent by written notice to the other party pursuant to the provisions of this paragraph.

You consent and agree to receive all communication from us regarding the website or our services through electronic means. You may choose to withdraw your consent anytime by emailing us at support@promentorz.com. However, please note that if you withdraw your consent you may not be able to use our website and services.

31. Modifications to the terms and conditions and website content

ProMentorzGlobal reserves the right to correct any ambiguity, inaccuracies or mistakes in the content, things that may not be complete or current, or modify, update or alter any information without giving you any prior notice. We may at our sole discretion add, alter, remove, modify or delete features from the website without giving any notice. Any such error corrections, modifications, updates, feature additions, enhancements shall be the property of ProMentorzGlobal.

32. Copyright policy

All the content on the website is copyright protected and owned and controlled by ProMentorzGlobal or by such other third parties who have licensed their content to ProMentorzGlobal. The content on our website is strictly for normal, personal and non-commercial use and you may not copy, publish, distribute, reverse engineer, create derivative works from, reproduce, licence or sub-licence, or sell the content which is obtained by you from the website without our prior written consent. Any form of redistribution or reproduction of the website or its content within India or abroad is expressly prohibited by law and may attract civil and criminal liabilities. You may only use extracts from the database for personal use and in line with the permitted purpose(s) and any form of copying, selling, or republishing of these extracts is not allowed. Additionally, storing the extracts in any retrieval system or transmitting them by any means is prohibited. It is strictly prohibited to copy any software or documentation provided on the website such as written or printed documents by the users without our prior written consent. ProMentorzGlobal respects the copyright and intellectual property rights of other third parties and strictly prohibits you from infringement of the copyright of any such third party. If you are the lawful owner of any copyright or are acting on behalf of a lawful owner of a copyright and you have sufficient grounds to believe that any of your copyright (or intellectual property rights) has been infringed in any respect whatsoever, then please advise us of the same by sending an email to support@promentorz.com.

33. Suspension or termination of the website and services

ProMentorzGlobal may at its sole discretion suspend or terminate the use of the website, services and/or user accounts, remove any content and take any steps to limit users, at any time without giving prior notice to you. The actions leading to such response may include, but are not limited to:

  • Utilizing our services for illegal, illegitimate, unethical or dishonest purposes.
  • Violating the intellectual property rights of third parties.
  • Conducting yourself in a manner that contradicts our principles or policies.
  • Causing disruptions for other users or creating potential legal risks.
  • Mistreatment of our staff members, including inappropriate or unreasonable communication.

34. Confidentiality and our rights

You hereby acknowledge and agree that the website and documentation are valuable and proprietary assets and trade secrets of ProMentorzGlobal and/or its suppliers and reflect its significant creative ideas, efforts made and confidential information. You hereby agree to maintain the confidentiality of the website and documentation and also agree to be bound by the terms and conditions as mentioned hereinafter:

  • Both parties agree to maintain confidentiality of the information disclosed with each other by both parties at all times, in the same manner in which either party would protect the confidentiality of their own information. This obligation shall not apply to any confidential information that has been publicly known or has become publicly known for no fault of the other party, or any information that has been received by either party lawfully without any obligation of confidentiality.
  • You acknowledge and agree that any unauthorized use, transfer and disclosure of information, software or documentation shall significantly reduce the value of the trade secrets and proprietary interests of ProMentorzGlobal in accordance with this user agreement and render our legal remedies inadequate and cause irreparable harm and injury to ProMentorzGlobal within a short timeframe. In case of breach of any confidentiality or confidentiality obligation by you, ProMentorzGlobal shall become entitled to both temporary and permanent injunctive relief to protect its rights and vested interests. User's obligations shall remain in effect even after the termination of this user agreement or any right that the user has been granted to use the website and services.

35. Beta version of website features and services

ProMentorzGlobal may at its sole discretion designate any of its website features or services as a beta version, which is generally a pre-release version and does not represent the final version of the website feature or service. A beta version may contain errors or bugs and may not perform according to your expectations. ProMentorzGlobal reserves the right to delay or not release the commercial version of the product or service post the launch of the beta version. Data around monitoring of the performance or effectiveness of the beta version such as crash logs may be collected by ProMentorzGlobal. ProMentorzGlobal does not provide any warranties whether express or implied with any beta versions of its website features or services and you hereby agree that you have understood the aforementioned details of beta version and you accept to use any such website feature or service at your own risk. You agree that you shall not hold ProMentorzGlobal liable for any loss, damage or injury whether caused directly or indirectly through the use of any such beta version.

36. Validity of terms and conditions

These terms and conditions shall remain in force at all times except for the circumstances listed herein. ProMentorzGlobal reserves the right to terminate your access to our services or any part of it thereof if you breach any of your obligations or responsibilities as described in these terms and conditions. These terms and conditions will come to an end if your services are terminated with the exception of provisions that are designed to survive and remain in force even after the termination. Any dues or monies owed to ProMentorzGlobal in connection with your services shall immediately become payable in case of termination of your use of our services and all rights granted to you by ProMentorzGlobal under this user agreement shall immediately cease to exist and get transferred to ProMentorzGlobal and you shall be required to immediately stop using the website and our services.

37. No professional advice

Our services and the information available on our website does not constitute professional advice nor do they contain any legal advice. Any such service and information should not be assumed to your particular circumstances and none of the information creates a professional-client relationship.

38. Termination

This user agreement may be terminated by any party upon giving a 30 calendar days' notice to the other party in case any provision of this user agreement is breached by the other party and also if the party who caused the breach fails to cure such breach within the aforementioned 30 days' notice period. In the event that this agreement is terminated, the rights and access granted to the user shall cease to exist and immediately get transferred to ProMentorzGlobal and the user shall be bound to immediately discontinue the use of the platform and its services.

39. Force majure

In case of any force majure events including but not limited to fire, earthquake, natural disaster, acts of god, terrorism, labour stoppage, war or military hostilities neither party shall be liable for any loss or delay and any delivery date(s) shall be extended to the extent of any delay cause by the force majure event. There shall however be no waiver towards any liability arising from the non-payment of licence fees.

40. Infringement

ProMentorzGlobal reserves the right to prosecute in a competent court of law any such third parties which have infringed our rights in any way. The aforementioned law suit shall strictly be at the expense of ProMentorzGlobal and any sum(s) thus recovered shall be retained by ProMentorzGlobal.

41. Agreement binding on successors

This User Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.

42. Entire agreement and integration

This user agreement including the Privacy Policy and other policies which are available on our website forms the entire agreement between you and ProMentorzGlobal, and this agreement shall supersede any prior agreements whether written or verbal with respect to the subject matter described herein. This user agreement shall not be modified or amended except in writing signed by both parties to this user agreement and specifically referring to this user agreement. This user agreement shall prevail and take precedence over any conflicting documents that may exist.

43. Waiver

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this user agreement.

44. Customer solicitation

Once you register on our website as a user, you shall continue to receive emails and notifications from us for the purposes of sending you information about updates to our product and services and for marketing, unless you choose to opt out from receiving such emails. You also hereby agree to receive any additional communications from us. Unless you specifically opt out from receiving communication from us, it shall be deemed that you have consented to receiving such communication and solicitations from us.

45. Additional agreements

ProMentorzGlobal at it's sole discretion may enter into any additional agreement with you in writing which shall be separate and in addition to this user agreement. In case of any conflict of provisions between this user agreement and any additional agreement entered, the provisions of the additional agreement shall prevail only to the extent of the conflict.

46. Changes to above terms and conditions

ProMentorzGlobal reserves the right to modify, alter, delete or change these terms and conditions at it's sole discretion at any time. ProMentorzGlobal shall make reasonable effort to provide a notice to you of the change in terms and conditions through a notification on the website or over an email. It is under the sole discretion of ProMentorzGlobal to decide what shall constitute a change to aforementioned terms and conditions. If you continue to use our website and services even after the changes to terms and conditions become effective, you shall be deemed to have accepted the changes and you agree to be bound by such changes in the terms and conditions. If you do not agree to the changes then you must immediately stop using our website and our services.

47. Your questions and feedback

If you have any questions or feedback about this user agreement, our website, services or anything else, then you may send us an email on support@promentorz.com