Terms and Conditions

Terms of Use

The website, www.antsnest.co (the “Website”) developed, owned and operated by AntsNest PVT LTD is offered to its users, who may view and/or access the Website subject to the Terms of Use provided hereunder.
By accessing and/or using the Website, you agree:
1.    to be bound by these Terms of Use and are deemed to have read and understood all of its contents and implications; and
2.    to grant your free and unconditional consent to be subject to these Terms of Use as applicable.
The Terms of Use set forth herein, applicable to the Website is covered and protected by all civil and criminal laws including but not limited to the Copyright Act, The Trademark Act and other kinds of Intellectual Property Laws in India.

1.    AntsNest Services
1.1.    AntsNest.co is a meta platform for independent contractors and professionals across various professions that provides a platform to such independent contractors and professionals to reach out to individuals and companies, listed on the website, looking to avail these services through the platform.
1.2.    AntsNest.co is provided to you to discover, explore and book professionals or independent contractors through our featured content and interactive functionality available via the Internet (the “AntsNest Services”). The Terms of Use include our policy for acceptable use of the AntsNest Services and content, as well as your rights, obligations and restrictions regarding your use of the AntsNest Services. We grant you a limited, revocable, non-exclusive license to access the AntsNest Services for your own personal use, subject to the Terms of Use mentioned in this Agreement. Use of the AntsNest Services beyond the scope of authorized access granted to you terminates this permission.
1.3.    These terms and conditions will constitute a binding contract between you and AntsNest. By accessing the AntsNest Services, you accept, without limitation or qualification, the following Terms of Use found and our existing AntsNest Rules (the “Rules”), found, which are incorporated by this reference. You are only authorized to use the AntsNest Services if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use and the Rules, then please discontinue your use of the Site and the AntsNest Services. Your continued use of this website following the posting of any change or modification of these terms will mean you accept those changes or modifications. AntsNest reserves the right to withdraw access to this website and to change, modify, revise the materials, products and pricing listed or offered through this website at any time.
1.4.    We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. The Terms of Use constitute the entire agreement regarding your use of the Site or the AntsNest Services and supersede any such prior Terms of Use. We will attempt to notify all members of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made.
1.5.    Additional services requested by the User’s can lead to additional hours or additional days of service and such additional services must be added by the Users through the option of Additional Services as incorporated on the Platform while booking the Service of a particular Service Provider.
1.6.    When the User and the Service Provider meet, the Service Provider must request the User for an One Time Password (OTP) which will be sent to the User’s account in order to begin the work. To complete or end the work, the Service Provider must request for an One Time Password (OTP) and after sharing such OTP, the amount will be credited to the Service Providers wallet which they can redeem or withdraw at any point of time, in the future, keeping the below mentioned clauses in mind.

2.    Content on the Site
2.1.    You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AntsNest, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the AntsNest Services.
2.2.    We do not control the Content posted through the AntsNest Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the AntsNest Services are not necessarily those of AntsNest or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the AntsNest Services you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the AntsNest Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the AntsNest Services.

3.    Responsibility for Your Content (Professionals Content)
3.1.    You are solely responsible for the Content you submit or make available for inclusion through the AntsNest Services (“Professionals Content“) and the consequences of posting or publishing it. In connection with Professionals Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize AntsNest to use all trademark, copyright or other intellectual property rights in and to any and all Professionals Content to enable inclusion and use of the Professionals Content in the manner intended by the AntsNest Services and the Terms of Use. You agree that you will not submit Professionals Content that violates these Terms of Use.
3.2.    Because AntsNest does not permit infringement of intellectual property rights through the AntsNest Services, we will remove all Professionals Content if properly notified that such Site Content or Professionals Content infringes on another’s intellectual property rights and at our sole discretion.
 
3.3.    AntsNest does not endorse any Professionals Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Professionals Content. You agree that you will not submit Professionals Content that violates the Rules, found or material contrary to applicable local, national, and international laws and regulations.

4.    Professionals Content: Ownership & Licenses
4.1.    We do not claim ownership rights over your Professionals Content. However, you grant us the following worldwide, royalty-free and non- exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Professionals Content through the AntsNest Services, solely for the purpose for which such Professional Content was submitted or made available. This limited license exists only for so long as you elect to include Professional Content through the AntsNest Services and it will terminate at the time you remove or we remove such Professional Content from the AntsNest Services. You grant each user of the AntsNest Services a non-exclusive license to access your Professionals Content through the AntsNest Services, and to use, reproduce, distribute, display and perform such Professional Content as permitted through the functionality of the AntsNest Services and under these Terms of Use.
4.2.    Notwithstanding the foregoing, you understand and agree that once Professionals Content is incorporated into other aspects of the AntsNest Services by AntsNest and/or its members, AntsNest is under no obligation to delete or ask or require other AntsNest members to delete that Professional Content, and therefore, it may continue to appear and be used through the AntsNest Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Professional Content that have been removed or deleted.

5.    Permitted Use of Content
5.1.    The content associated with the AntsNest Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“Site Content”) and the trademarks, service marks, trade names and logos contained therein, except all Professionals Content, are owned by or licensed to AntsNest, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, AntsNest does not grant you any express or implied rights, and all rights in and to the AntsNest Services and the Site Content are retained by AntsNest.
5.2.    You may access Professionals Content for your information and personal, non-commercial use solely as intended through the provided functionality of the AntsNest Services. Professionals Content and Site Content are provided to you on a “AS IS” and “AS AVAILABLE” basis for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the AntsNest Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.
 
6.    Intellectual Property Rights
6.1.    Subject to aforesaid, it is hereby specifically recorded that the content available through the AntsNest Service is the sole and exclusive property of AntsNest or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of AntsNest. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of Member and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of AntsNest.

7.    KINDLY NOTE THAT ANTSNEST PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the Website and that you provide to other Members. Your AntsNest profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the relevant provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and AntsNest assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by AntsNest by any person, please contact AntsNest Web Admin.

8.    Copyright Infringement Policy
8.1.    In accordance with the Indian Copyright Act and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any AntsNest member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us.
 
9.    Member Accounts
9.1.    In order to participate in the AntsNest Services, you must create an account and become an AntsNest Professionals or AntsNest Client (collectively “Members“). All members will have an account and are responsible for maintaining confidentiality of their passwords. Each member’s right to use the AntsNest Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify AntsNest of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
9.2.    You, as an Professionals or Client, expressly agree:
9.2.1.to provide AntsNest with accurate, complete and updated registration information;
9.2.2.that the Company has the right to suspend and/or terminate your account and refuse any and all current or further use of the AntsNest Services, if the Company determines, in its sole discretion, that any information you provided is untrue, inaccurate, not current and/or incomplete;
9.2.3.to not approach, engage, solicit, make or accept any offers and/or otherwise deal with each other directly or indirectly, without AntsNest’s involvement for any event undertaken by the Client;
9.2.4.to protect your username and password at all times;
9.2.5.to notify Company immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns;
9.2.6.that Company shall not be responsible for unauthorized access to or alteration of your data; and
9.2.7.that any Content you submit or have submitted to the Company in physical form (e.g. compact discs, DVDs, photographs, etc.) or virtual form shall not be returned to you and shall become the exclusive property of the Company, unless otherwise agreed to in writing by Company.
9.3.    Your username and password are personal to you and under no circumstances may you allow any other person to use your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, the Company may find it necessary to access your account. For instance, the Company may access your account for support, maintenance or security-related reasons. You acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

10.    Member Conduct
 
10.1.    You may not use the AntsNest Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms, including the Rules, found. Your access to the AntsNest Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, including the Rules, or for any other reason, or no reason. You expressly agree not to:
10.1.1.Act as an agent, affiliate or representative of the AntsNest Services and utilize the AntsNest Services or Professionals Content or Site Content for any commercial purpose other than for which the AntsNest Services is intended without our express written permission,
10.1.2.Access, monitor or copy any content or information of the AntsNest Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
10.1.3.Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
10.1.4.“Frame,” “mirror” or otherwise incorporate any part of the AntsNest Services into any other website without our prior written permission.
10.2.    You agree not to use the AntsNest Services for any commercial use, without the prior written authorization of AntsNest. Prohibited commercial uses include any of the following actions taken without our express approval:
10.2.1.    Sale of access to the AntsNest Services on another website,
10.2.2.Use of the AntsNest Services for the primary purpose of gaining advertising or subscription revenue,
10.2.3.Sale of advertising on the AntsNest Services or any third- party website, targeted specific Professionals Content or Site Content, and
10.2.4.Use of the AntsNest Services that we find, in our sole discretion, to use our resources or Professionals Content with the effect of competing with or displacing the market for the AntsNest Services, Site Content, or Professionals Content.
10.3.    Unauthorized commercial uses do not include uploading Professionals Content to the AntsNest Services to promote your business or Professional enterprise, or any use that AntsNest expressly authorizes in writing.
10.4.    In addition, the following behaviors or activities are strictly prohibited when using the AntsNest Services by any member or AntsNest Services user:
10.4.1.    Strong, vulgar, obscene or otherwise harmful language; 10.4.2.Racially, ethnically or otherwise, objectionable language; 10.4.3.Harassing, intimidating, stalking or threatening other
AntsNest members;
1.    Libelous, defamatory or otherwise tortious language;
2.    Online vandalism;
3.    Impersonation of another person;
4.    Posting, distributing, transmitting or promoting illegal Content;
5.    Invasion of another’s privacy;
6.    Actions that are harmful to minors;
7.    Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party;
 
11.    Posting, providing, transmitting or otherwise making available any junk mail or spam, and;
12.    Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the AntsNest Services.
10.5.    We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing AntsNest to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

11.    Fees and Terms
11.1.    When you register as an Professionals/Client, from time to time, AntsNest allows creation of the profile and access to AntsNest Services at such charges as provided in their engagement terms contained in the Terms and Conditions for Professionals and Clients prevailing at the time of registration. AntsNest promotes the Professionals via their profiles as maintained by them on AntsNest.com to its Client registered with it, and thereby provide work to Professionals (photographer, stylists, translators, others) through AntsNest.com, but there is no guarantee whatsoever to get any assignment. If any Client selects any Professionals for performance in their respective service categories listed on the Website, AntsNest will contact such Professionals thereabout and offer the assignment.
11.2.    We will charge 15% of the remuneration received by the Professionals towards the assignments which the Professionals get through us as our service fee. Notwithstanding anything contained herein AntsNest does not guarantee you any work for that matter.
11.3.    The Client(s) and Professionals(s) registered with AntsNest are prohibited to make any direct deal amongst themselves without the prior permission of AntsNest. In the event of any such engagement between the Professionals and the Client where AntsNest has not been involved is found at a later stage, each of the Professionals and Client shall be liable to pay AntsNest a penalty of INR 7,50,000 which each party acknowledges as reasonable and justified compensation to AntsNest for the breach of contract.

12.    Termination of Service
12.1.    You agree that the Company, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the AntsNest Services, or any part thereof, immediately and without notice, and remove and delete any Professionals Content on the AntsNest Services, for any reason, including, but without limitation, if we believe that you have violated or acted inconsistently with the intent or spirit of the Terms of Use. Further, you agree that AntsNest will not be liable to you or any third party for any termination of your access to the AntsNest Services. Further, you agree not to attempt to use the AntsNest Services after your member account has been terminated.
12.2.    You agree that if you are dissatisfied with the AntsNest Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of
 
Use or the AntsNest Services, your sole and exclusive remedy is to discontinue using the AntsNest Services.

13.    Links
13.1.    The AntsNest Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that AntsNest is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

14.    Children / Minor Policy
14.1.    This website is recommended for use of individuals of age of 18 years or above, but if you are above 13 years of age or older but below 18 years, you may be granted access by providing either of their parents Email IDs and an Email will be sent informing the parent that their ward has registered himself/herself to use the AntsNest Services through this website. Parents of such wards will be liable for damages or losses occurred due to activities or action of their wards and are legally bound by any Acts/ Deeds/ Violations of the AntsNest Terms of Use by their wards. AntsNest shall not be liable for a minor viewing the website without a parent or guardian or misrepresenting their age on the AntsNest Site while registering their account on the AntsNest Platform.

15.    Indemnity
15.1.    You agree to defend, indemnify and hold AntsNest, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and AntsNest moderators harmless from any cla