These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures.

These terms are legally binding and govern your use of the BankersKlub website accessible at [●] (hereinafter referred to as the “Platform”), created, owned, operated and maintained by Re Attire India Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at [●] (hereinafter referred to as the “Company”) and/or the Services listed on the Platform.

Please read these Terms carefully before accessing or using the Platform and/or Services. By accessing or using the Platform and/or Services, you agree to be bound by these Terms and our Privacy Policy (insert hyperlink). If you do not agree to be bound by these Terms and the Privacy Policy, you shall not access and use the Platform and/or Services in any manner.

These Terms are in addition to and not in derogation of any other terms stipulated by the Company from time to time. In case of any conflict between the Terms and such other terms, these Terms shall prevail. Unless expressly stated otherwise, throughout these Terms, “we”, “us” and “our” shall refer to the Company, and “you” and “your” shall refer to you, i.e., the User of the Platform. Both the Company and the User are collectively referred to as “Parties” and individually referred to as “Party” hereof.

Notwithstanding anything contained elsewhere, the Company reserves the right to modify, alter, amend, or revise these Terms, update the Platform and/or Services at any time, with or without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and/or our Services. Your continued access and use of the Platform and/or Services after any modification/updation, shall constitute your acceptance of such modification/updation.

DEFINITIONS

For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them hereinbelow.

“Account” shall mean a User’s registered account on the Platform;

“Applicable Law” shall mean and include any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, state or local government or regulatory authority having competent jurisdiction and force of law over, or applicable to you, the Company, or the subject matter in question, as may be amended from time to time;

“Platform” shall mean and include the web platform, mobile application or any other tech platform owned, operated and maintained by Re Attire India Private Limited accessible at [insert URL] where Users can enroll, register and connect with each for the provision of various professional and consultancy services at mutually agreed rates;

“Services” shall mean and include professional and/or consultancy services provided by a Service Provider to a Service Recipient;

“Service Provider” shall mean any professional, including but not limited to an expert, who creates an Account on the Platform to connect with Service Recipients to provide Services;

“Service Recipient” shall mean and include an individual, body corporate, partnership, limited liability partnership, sole proprietorship, etc., who create an Account on the Platform to avail Services from the Service Providers registered on the Platform; and

“User” shall mean any individual, body corporate, partnership, limited liability partnership, proprietorship, etc., who access or use the Platform, and include Service Provider and Service Recipient.

ACCEPTANCE

These Terms were last updated on April [●], 2024. By accessing, signing-up, registering and/or accepting or using the Platform and/or availing the Services, in any manner, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform and/or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform and/or Services, including blacklisting you from the Platform, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform.

PLATFORM REGISTRATION

 A User can register on the Platform either through their Google account or existing social media accounts, such as Facebook or LinkedIn, or by providing their personal data such as name, e-mail ID, mobile number and password. Users shall be solely liable for maintaining confidentiality of the password. Once registered on the Platform, Users can login through their registered e-mail ID and password. It is expressly noted that the Company reserves the right to alter, reclaim, or modify any chosen username at its sole discretion, contingent upon determination of the username’s unsuitability, obscenity, or objectionability in accordance Applicable Law.

Service Providers and Service Recipients agree and confirm that the Company can deduct and/or levy such fees or charges, as it may deem appropriate, in connection with the Platform and/or provision of Services. Notwithstanding the foregoing, if a Service Provider is not assigned the mandate(s) he/she was promised during a year, the Company shall not charge any registration fee from such Service Provider for the successive year, unless he/she is assigned that mandate(s).

PAYMENT TO SERVICE PROVIDERS AND REPLACEMENT PROCEDURE

During the performance of the Services, the Service Recipients shall pay consideration to the Service Providers at the end of every month. Service Recipient may replace a low-performing Service Provider during the performance of the Services by promptly notifying the Company of its request along with reasons for such replacement. The Company will allow for replacement of a Service Provider only up to 2 times. In case of replacement during the first month of engagement, the payment for Services shall be subject to the Company’s approval. For replacements after completion of the first month, the Service Provider will be paid for the next month before he/she is replaced. In case of a fixed term project, Service Recipients who are unable to pay the Service Providers during the term shall not be able to access the Services, unless the Service Providers are paid.

USER REPRESENTATIONS

By accessing or using the Platform, you represent and warrant that:

(a)        you are competent to enter into legally binding contracts as per Applicable Law;

(b)        the personal information submitted by you are the time of registration on the Platform, is true, accurate, updated and complete;

(c)        you will maintain the accuracy of such information and promptly update it, as required;

(d)        you are using a securing computer resource and internet connection which is free from viruses and malware;

(e)        you will not use the Platform for any illegal or unauthorized purpose;

(f)        your use of the Platform shall not violate any Applicable Law.

LEGAL DISCLAIMER

 (a)        The Company is not engaged in the banking business, including but not limited to any disbursement of loans, etc., and the Services provided on the Platform are not banking services.

(b)        The Company is an intermediary under the provisions of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and is not a licensed entity under any Applicable Law.

(c)        Users acknowledge and agree that they are accessing and using the Platform at their sole risk, and the Company shall not be liable for any loss or damages incurred by them.

(d)        Service Providers and Service Recipients acknowledge and agree that they have done their due diligence before engaging with each other. The Company shall not, directly or indirectly, be liable for any advice, assistance or consultation provided by the Service Providers to the Service Recipients.

(e)        The Company shall not be liable for any loss or damages incurred by Service Recipients on account of any misrepresentation, malpractice or ill advice of the Service Providers.

THIRD-PARTY SITES

The Platform may include links or references to third-party websites or services solely for User’s convenience (“Reference Sites”). The Company has no control over the Reference Sites and does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Correspondence or business dealings between Users and the concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. You acknowledge and agree that the Company shall not be liable, directly, or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any materials, products, and services on or available through Reference Sites. It is also clarified that the Company shall have no liability with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of the Reference Sites or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Reference Sites.

PRIVACY POLICY

 All information collected from a User, either at the time of Platform registration or pursuant to provision of Services under these Terms is subject to the Company’s Privacy Policy. By using our Platform and/or Services, you hereby consent to the use of your information as outlined in our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

 Occasionally, there may be information on our Platform that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, if any information on the Platform is inaccurate at any time without prior notice.

PROHIBITED USES

 In addition to any other prohibitions as set forth in the Terms, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform. We reserve the right to immediately terminate your access and use of the Platform in case it is found that you are accessing the Platform for any of the aforementioned prohibited uses.

DISCLAIMER OF WARRANTIES

 We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free. We do not warrant or guarantee that the results that may be obtained from the use of the Services will be accurate, reliable or produce desired results. You agree that from time to time we may remove or cancel any of the Services for indefinite periods of time, without prior notice to you.

You expressly agree that your use of, or inability to use the Platform is at your sole risk. The Platform and the Services delivered to you through the Platform are (except as expressly stated by us) provided on an “as is” and “as available” basis for your use, without any representation, warranties or conditions of any kind, either express or implied.

INTELLECTUAL PROPERTY

 The Platform is owned and operated by the Company and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), software, and all other elements of the Platform provided by the Company (“Materials”) are protected by Applicable Law.

All Materials and the Company’s intellectual property are the property of the Company and/or third-party licensors as applicable. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use or access of the Platform, or, without express written permission from us. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of Platform are not permitted.

LIMITATION OF LIABILITY AND INDEMNITY

The Company shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platform and/or Services.

You agree to indemnify, defend and hold harmless the Company from all claims, actions, losses, damages, demands, costs, fees, including reasonable attorneys’ fees, arising out of or in connection with your breach of these Terms or the documents/policies incorporated herein by reference, or your violation of the Applicable Law.

TERMINATION

 The Company reserves the right to terminate/suspend these Terms or User’s access to the Platform and/or Services without prior notice and without any liability to the User or any third-party. In the event the User wants to terminate the Terms, it can email at –  info@bankersklub.com .  Any suspension/termination of the User’s access to the Platform and/or Services shall be without prejudice to the Company’s right to exercise any other remedy available to it under Applicable Law.

GOVERNING LAW & DISPUTE RESOLUTION

 These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be resolved amicably. If good faith discussions fail within 30 (thirty) days of notice of dispute, then it shall be referred to mediation under the aegis of the High Court of New Delhi. If mediation fails, Parties shall refer the dispute to a mutually appointed sole arbitrator. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be New Delhi. The arbitral award shall be final and binding on the Parties.

MISCELLANEOUS

(i) SEVERABILITY

 If any provision of these Terms is held to be unlawful, void, invalid or otherwise unenforceable, then such provision shall be limited or eliminated from these Terms to the minimum extent required, and the remaining provisions shall remain valid and enforceable.

(ii) ASSIGNMENT

These Terms and any rights granted hereunder, shall not be assignable by the User, but may be assigned by the Company without any restriction.

(iii) ENTIRE AGREEMENT

These Terms constitute the entire agreement and understanding between the Parties and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, on the subject matter hereof.

(iv) NOTICE

The Company may provide Users with notices and communications through registered e-mail, regular mail, or posts on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to the Company must be sent by courier or registered post to Re Attire India Private Limited at [●].

(v) WAIVER

The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms, express or implied, shall be effective only if in writing and signed by the Company.

(vi) RELATIONSHIP BETWEEN THE PARTIES

The Terms are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency, or formal business organization of any kind. The Company and the User shall be independent contractors, and their relationship will be on a principal-to-principal basis for all purposes at all times, and neither Party shall act as or hold itself out as an agent or representative of the other Party, nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.

(vii) QUERIES 

Any queries about the Terms should be sent to us at info@bankersklub.com