TERMS AND CONDITIONS
Last updated: 16-July-2026
version: 0.2
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Dadu Technologies Private Limited, having its registered office at UKS Mansion, No. 1605 11th main, HAL 3RD Stage Off, Bangalore North, Bangalore, Karnataka, 560008 (“Company” or “we” or “us” or “our”), is the owner of the website domain at https://talentgridnow.com/ operating under the brand name “Talent Grid” and all other variations of the same and as mobile applications available on the Google Play store, App Store as “ Talent Grid”, (collectively referred to as “Platform”)The Company requests you (including any Service Providers and Service Recipients) (as defined herein) of the Platform (individually, a “User”, “you” and collectively, “Users”) to carefully go through these terms & conditions (“Terms of Use” or “Agreement” or “TOU” or “Terms”) prior to accessing to the Platform or availing the Offerings (as defined below) using the Platform. If User continues to browse and use the Platform to avail the Offerings, User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOU, which together read with our privacy policy available at https://talentgridnow.com/privacy-policy (“Privacy Policy”), and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions”). The Terms and Conditions shall govern the Company’s relationship with User in relation to the usage of the Platform. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOU, PLEASE DO NOT USE THE PLATFORM OR AVAIL THE OFFERINGS.
- Definitions
“Additional Terms” means any supplementary or specific terms, conditions, policies, guidelines, service schedules, order forms, or agreements that the Company may publish, make available, or require a User to accept from time to time in connection with a particular Account (including a Service Recipient Account), feature, or Service – whether made available on the Platform or otherwise – as introduced, updated, amended, modified, or replaced by the Company from time to time.
“Service(s)” means the functions, features, tools, applications, products, software, data feeds, Content, User Submissions, and services available on the Platform provided by the Company, including procurement of the Offerings.
“Service Provider(s)” means any individual, agency, firm, company, or other entity that registers on and/or uses the Platform to create a profile, showcase work, offer, or render creative, production, marketing, advertising, or allied services who shall provide the Offerings, whether acting as a natural person or through an organisation.
References in these Terms and Conditions to a User, Talent, or Service Provider shall, unless the context requires otherwise, apply equally to such individuals and to agencies, firms, companies, and other organisations.
“Service Recipient(s)”, “Client(s)”, or “hirer” means any business, brand, agency, or other entity or person that uses the Platform to discover, engage, hire, or avail the Offerings.
- Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall on a best efforts basis notify you of any material changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform and/or avail the Offerings after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms of Use, TOU, Agreement made herein shall refer to the latest version of the Terms of Use.
A Service Recipient Account, and the use of the Platform, procurement of Offerings by a Service Recipient, shall be governed by these Terms of Use together with any Additional Terms applicable to such Account, feature, or Service. Such Additional Terms may be introduced, updated, amended, modified, or replaced by the Company from time to time, and are incorporated into and form an integral part of these Terms of Use by reference. By creating or using a Service Recipient Account, or by continuing to use the Platform or Offerings after any Additional Terms have been published or notified, the Service Recipient is deemed to have read, understood, and accepted such Additional Terms.
- Offerings
We provide a Platform that provides Users to avail/offer the following services through Service Providers and Service Recipients (as applicable):
- Creative services of any nature, including acting, modelling, voice-over, hosting, music, writing, direction, design, and other creative and performance work.
- Production and post-production services, including filming, photography, editing, animation, and sound.
- Talent and crew sourcing, casting, and hiring services.
- Accounting services provided through third parties, such as invoice generation and tax-returns management.
- Other allied creative, production, and related services in relation to all brands, businesses, products, campaigns, and content formats, including but not limited to film, advertising, digital, and social-media content.
Collectively, these shall be defined as the “Offerings”. The Platform offers various content types, including text, graphics, photos, news, articles, audio visual content, (collectively, “Content”) and interactive platforms such as forums and chat rooms. Users may need to create an account for specific access. All Content, whether available with or without payment or subscription, may include facts, views, opinions, and recommendations of or concerning individuals, organizations, or projects not affiliated with the Company. Company does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, these facts, views, opinions, or recommendations. Users accessing and using Content do so at their own risk and discretion
- Nature of the Platform; Contract Between Users
The Platform enables Service Providers and Service Recipients to discover, connect, and engage with one another for the Offerings. Any engagement, assignment, or contract for the provision of such Offerings that results from use of the Platform is entered into, and constitutes a contract, solely and directly between the relevant Service Provider and Service Recipient. The Company is not, and shall not be deemed to be, a party, principal, employer, agent, partner, or guarantor in respect of any such engagement, and assumes no liability for its formation, performance, delivery, quality, breach, or termination. The Company is not the “last-mile” provider of any service availed through the Platform, and shall not be responsible or liable for any lack, deficiency, interruption, change, rescheduling, delay, non-performance, or cancellation of any Offerings engaged or availed by a User (though the Company may, where reasonably requested, pass on related information between Users). Save as expressly set out in these Terms and Conditions (including in respect of Commission under the Payment Policy below), the Company’s role is limited to that of a technology facilitator and intermediary that enables Users to discover and connect with one another.
- Eligibility
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. By accessing the Platform or by availing/providing any of the Offerings on any other authorized device, it is deemed that the User has read and understood and accepted these TOU. If you will be using the Platform on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so.
- User Account Registration
Any individual who is at least 18 years of age may create an Account by providing the necessary details to access the Platform. Agencies, firms, companies, and other organisations may also register and create an Account through an authorised representative who is at least 18 (eighteen) years of age; such representative represents and warrants that they are duly authorised to create the Account and to bind the concerned organisation to these Terms and Conditions. You shall provide true and accurate information while creating Your Account. The information collected while creating your Account will be governed by our Privacy Policy.
At the time of registration, you will be prompted to select your profession and based on your input you will either be given a Service Provider Account or Service Recipient Account.
- Service Provider Account:
Upon being assigned a Service Provider Account, you will gain access to features designed specifically for individuals offering their personal skills and services, such as acting, modelling, voice-over, content creation, writing, direction, photography, videography, editing, design, animation, music production, styling, and other creative, production, marketing, and advertising services rendered to any brand, business, or campaign in relation to the Offerings. A Service Provider Account enables you to showcase your work, apply for relevant opportunities, and connect with Service Recipients.
Features and Functionalities of a Service Provider Account: As a Service Provider Account holder, you can create a detailed profile showcasing your skills, experience, and portfolio. This may include uploading a professional resume, videos, images, or other work samples that highlight your talents.
Your profile can be customized to emphasize your specialties and updated regularly to reflect new work or achievements.
Opportunities and Job Listings: You can browse and apply for opportunities posted on the Platform. These opportunities can range from specific project roles to ongoing Service Provider requirements. You may receive invitations to apply for roles directly based on your skills, experience, or past project work.
Availability and Scheduling: You can manage your availability, allowing Service Recipients to book you for specific roles or projects. This includes managing your calendar, setting working hours, and updating your availability as needed. You may also receive notifications about potential opportunities matching your skills and schedule.
Payment and Contract Management: You can manage your payment details, and track earnings related to your Offerings. The Platform allows you to view your payment history, manage invoicing, and ensure timely payment for Offerings rendered.
Reviews and Ratings: Service Recipients may leave feedback after working with you. Positive reviews and ratings will enhance your reputation, helping you gain more opportunities on the Platform. You may also leave feedback for Service Recipients, which will be available for others to see.
Networking and Collaboration: As a Service Provider Account holder, you will have access to a network of Service Recipients and other Service Providers allowing you to build connections and collaborate on larger projects or gain exposure to new opportunities. You shall be able to participate in community forums or events to expand your professional network and stay up-to- date with industry trends.
Training and Development Opportunities: You may have access to professional development resources, such as workshops, training sessions, or webinars hosted by industry professionals. These resources can help you improve your skills and stay competitive in the market.
Visibility and Promotion Tools: You can take advantage of the Platform’s promotional tools to increase your visibility to producers and studios. This may include featured profile listings, social media integration, or spotlight placements on the Platform.
Conversion of Service Provider to Service Recipient Account:
If you have been assigned a Service Provider Account and wish to convert it to a Service Recipient Account, you must request the conversion by sending an email to the Company at cs@talentgridnow.com. Your request will be reviewed, and the Company will assess whether to grant you the right to convert your Account. Once the Company approves your request, you will be granted access to Service Recipient Account features. After this conversion, you will be able to manage both a Service Provider Account and a Service Recipient Account within a single user profile.
Managing Multiple Accounts:
After receiving approval for the conversion, your Account will be upgraded to include both Service Provider to and Service Recipient roles. You will be able to seamlessly switch between the two roles within your account. Switching between the Service Provider and Service Recipient accounts will not require separate logins, and you can access both roles from your primary user interface. This flexibility allows you to manage your activities as both a Service Provider and a Service Recipient on the Platform.
Account Responsibility and Maintenance:
You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Account. You may create an Account by using your email ID/phone number. Post entering your details (email ID/phone number) in the Platform, one-time verification shall be conducted by the Company. Post such verification the Account shall be created.
- Platform License
Subject to your compliance with the TOU, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, and download content, to which you are permitted access solely for your internal purpose use. You have no right to sublicense the license rights granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOU. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOU. The Platform and the intellectual property rights vested therein is owned by Company.
- Proprietary Rights
Ownership and Content: Company is the rightful owner, operator, licenser, and provider of the Platform. Users explicitly acknowledge and agree that Company, along with its licensors, holds all rights, titles, and interests to all current and future content, applications, software, and materials available on the Platform. This includes but is not limited to audiovisual content, text, images, graphics, videos, page headers, and the overall arrangement and compilation of Content. Such ownership encompasses patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property rights recognized globally, except for User provided content as defined below.
Limitation of Rights: Unless explicitly stated in these Terms of Use or provided in writing by Company, Users are not granted any rights, either implied, estoppel, or otherwise, to the Platform or their Contents. All rights not expressly granted herein are reserved by Company.
- Use of Your Information and Content and other content displayed on the Platform
If You create, transmit, submit, display or otherwise make available any information while availing/providing the Offerings and accessing the Platform, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference.
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Platform, pursuant to our internal record retention and/or destruction policies. We may make use of third-party cloud service providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
While we strive to maintain the accuracy and reliability of the data presented on our platform, we understand that inconsistencies or errors may occasionally occur. We encourage you to promptly notify us of any discrepancies or inaccuracies you encounter, and we will make every reasonable effort to address and correct such issues. However, by using our Platform, you acknowledge that this process is limited to best efforts only, and you agree that such inconsistencies or errors do not grant you any right to bring a legal claim or lawsuit against us.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOU; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your Account information will be truthful.
The Platform may request access to your device’s contact book or contact list (“Contacts Data”) solely to enable functionalities such as identifying your existing contacts who are registered on the Platform (“find friends” feature), allowing you to send invitations to join the Platform, or enhancing social and referral features within the application. You represent and warrant that you have the lawful authority, permission, or consent of such third parties to share their contact information for the stated purpose, and that such sharing does not violate any applicable law, contractual obligation, or third-party rights of privacy or confidentiality.
This feature is disabled by default and shall only be activated upon your explicit, informed action (such as tapping to enable it) and shall be governed by the Privacy Policy. You may disable this feature and request deletion of any Contacts Data collected at any time by writing to us at cs@talentgridnow.com.
- Third Party Services
While availing Offerings and/or accessing the Platform, Users may connect with third-party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors. You may be redirected to a third-party website upon clicking on such links, these websites will be governed by its privacy policy and terms of use. We shall not be responsible for any transaction or dissemination of information that may take place while accessing these third-party websites.
Third-Party Intellectual Property: Intellectual property rights, including trademarks, logos, content, and other proprietary materials belonging to third parties, remain the sole property of those respective third parties and are protected under applicable copyright, trademark, and other intellectual property laws and treaties. Users must respect these rights and acknowledge that they have no claim or right to such third-party intellectual property. The use of third-party software or services accessed via the Platform is subject to the terms and conditions set forth in the respective third-party license agreements. Users must seek remedies or rights enforcement exclusively from the relevant third party, not from the Company.
Third Party content: The Company shall not be liable for the accuracy, legality or content of any third-party content that may be accessible through our Platform. Such content is provided by third-party and does not represent the views or opinion of the Company. User accessing third-party content do so at their own risk. Any claim regarding third party content, including but not limited to claims of infringement of intellectual property rights, must be addressed directly to the third party responsible for such content. The Company does not waive any intellectual property rights by providing the access to third party content. The Company acknowledges that such third party content are publicly available content and it does not claim any ownership of such third party content. In the event the third party content is proven to belong to a third party after providing documentary evidence to the grievances officer of the Company, the Company will promptly remove such content.
Similarly, the Company shall not be liable for the accuracy, quality, legality, or content of any information, communications, representations, submissions, or materials exchanged between Service Providers and Service Recipients (or between any Users) through or in connection with the Platform. The Platform acts solely as an intermediary facilitating discovery and connection between Users, and does not verify, endorse, or guarantee any such content or the outcome of any exchange, engagement, or transaction between Users. Any reliance placed on such content, and any dealing entered into on its basis, is solely at the concerned User’s own risk, and any dispute in relation thereto shall be resolved directly between the Users without any liability accruing to the Company.
- Rules and Conduct
As a condition of use, you represent and warrant that you shall not use the Platform for any purpose that is prohibited by the Terms of Use; or other rules or policies implemented by us from time to time; or in violation of any applicable laws.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including without limitation host, display, upload, modify, publish, transmit, store, update or sharing of information) that: (i) would constitute a violation of any applicable law, rule or regulation or belongs to another person; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent; or (iv) impersonates any person or entity (v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, (vi) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or (vii) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Use), or for no reason at all with or without notice to the User/Users.
Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
You will not access the Platform, and/or its Offerings, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.
One Account shall not be used by more than one User, unless explicitly approved by the Company. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
- Good Faith and Non-Circumvention
Users shall use the Platform, and deal with the Company and with other Users, in good faith. Each User agrees to act honestly, fairly, and reasonably in all dealings, communications, negotiations, and transactions arising out of or in connection with the Platform and the Services, and shall not engage in any conduct intended to defraud, mislead, or unfairly prejudice the Company or any other User.
Where the Platform introduces, refers, or otherwise makes a User (including any Service Provider, Service Recipient, or Client) aware of an inquiry, lead, opportunity, project, or another User (an “Introduced Party”), the Users shall not, whether directly or indirectly and whether alone or through any related person, agency, firm, or entity, circumvent, bypass, or attempt to circumvent or bypass the Platform in order to solicit, negotiate, contract, or transact with such Introduced Party outside the Platform for the purpose of avoiding any applicable fees, commissions, or obligations owed to the Company. All such inquiries, engagements, transactions, and claims shall be routed through and processed on the Platform, and all payments in respect of such engagements shall be made in accordance with the Payment Policy.
Any actual or attempted circumvention, or any other breach of the obligation of good faith set out above, shall constitute a material breach of these Terms and Conditions. Without prejudice to any other rights or remedies available to it under law or these Terms and Conditions, the Company reserves the right to take one or more of the following actions, at its sole discretion, with or without notice: (i) withhold, or place on hold, any Commission, fees, or other amounts payable to the Company in respect of the concerned User, and independently pursue recovery of any Commission, fees, damages, or other amounts due to the Company as a debt; (ii) suspend, restrict, or disable the User’s Account; (iii) temporarily or permanently ban the User from the Platform; and (iv) initiate appropriate legal action and recover damages, fees, or commissions lost as a result of such conduct.
- Alerts Provided by The Company
The Company provides you with multiple automatic alerts while providing Services.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Contact
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Obtaining feedback in relation to Platform or our Services;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Any events or initiatives that you may be interested in as part of the community of users
- Resolving any complaints, information, or queries by other Users regarding your critical content;
- For sales related purposes;
- To inform you of our service offerings and new features; and
- You agree to provide your fullest co-operation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
- Account Ownership and Editing Rights
We ensure easy access to the Users by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your Account. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your Account or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your Account information at our sole discretion with or without notice to you. Excluding your Account information and the User Materials you acknowledge that the Platform, the Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by us.
- Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
- violating or attempting to violate the integrity or security of the Platform;
- transmitting any information on or through the Platform that is disruptive or competitive to the provision of Platform;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- Any unlawful activities in the Platform which are prohibited by laws of India.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes, or any longer period as required by applicable law. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform. We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.
Any collection, processing, storage, transfer, or other handling of personal data of a User shall be carried out in accordance with and our Privacy Policy.
- Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written content (“User Materials”). User hereby provides Company with a non-exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement. Additionally, all User Materials provided will be used by the Company for analytics to understand the User and the market, and hereby the Company reserves its right to revise and enhance the Platform and the Services provided the User.
In addition to the indemnification obligations below, User shall indemnify, defend, and hold harmless the Company and the other Indemnified Parties (as defined herein) from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with the User Materials, including any claim that the User Materials infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party, or that they are unlawful, defamatory, or otherwise objectionable.
- Modification
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.
- Support and Grievance Redressal
The Company offers an email and in-app-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing us at- cs@talentgridnow.com or use the “Support” function on the Platform. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty. The details of the grievance officer to which grievances can be redressed are as follows;
Name: Grievance officer
Contact Details: grievance@talentgridnow.com
Designation of such officer: Senior Grievance officer
The Company shall acknowledge and endeavour to redress every complaint within the timelines prescribed under applicable law. Any suggestions by Company regarding use of the Services shall not be construed as a warranty. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty
- Termination
Termination/ Suspension of Services: We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give You notice of any interruption of access to the Service. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to you 48 hours in advance via email to the email id provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
Termination/ Suspension of Accounts: We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Suspension or termination of a User’s Account shall not, by itself, terminate or discharge any Engagement between that User and another User that is in progress as of the date of such suspension or termination, which shall continue to be governed by the terms agreed directly between the Users concerned. Those Users shall remain solely responsible for completing, or otherwise resolving between themselves, any such in-progress engagement – including delivery, performance, any pending invoice or payment, and any consequences of non-performance – and shall remain liable to one another accordingly. Any Commission, fees, or other amounts that have accrued to the Company as of the date of suspension or termination, including in respect of an in-progress or completed engagement, shall remain due and payable to the Company notwithstanding such suspension or termination. The Company shall have no liability arising out of or in connection with any such engagement, or any failure, deficiency, non-delivery, or non-payment in respect thereof, and no User shall have any claim or recourse against the Company on account of the suspension or termination or on account of the other User’s acts or omissions.
- Disclaimer
THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY INFORMATION AVAILABLE ON THE PLATFORM IS ACCURATE; OR (E) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT IN ANY MANNER THAT WE SHALL STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU’VE POSTED. THE COMPANY IS NOT A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY. YOU (BOTH INDIVIDUAL AND ENTERPRISE) HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING AN ACCOUNT YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THIS PORTAL. WE COLLECT AND PUBLISH INFORMATION FROM THE PUBLIC DOMAIN (INCLUDING FROM INFORMATION AVAILABLE ON SOCIAL MEDIA OR OTHER THIRD PARTY INFORMATION PROVIDERS). WE DO NOT MAKE ANY WARRANTY REGARDING THE ACCURACY OF SUCH INFORMATION. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE.
As we share information collected from the public domain, it is possible that there may be inaccuracies and errors, such as attributing credit incorrectly to a User or not attributing credit correctly to the actual deserving party. Any discrepancy found in the information present on the platform can be brought to our notice by emailing us at cs@talentgridnow.com or by using the in-Platform feature to report it, with adequate proof. If your complaint has not been addressed within such period, you may please contact our grievance officer in accordance with Section 19 above.
- Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, joint venture partners, and each of their respective employees, contractors, directors, suppliers, and representatives (collectively referred to as “Indemnified Parties“) from and against any and all liabilities, losses, claims, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) that arise from or relate to: (i) where you are a Service Provider, any failure by you to render the Offerings, any deficiency, delay, or defect in the Offerings, or your unavailability to fulfil your obligations, which results in damages or losses to the Company, any Service Recipient, or any other third party; (ii) where you are a Service Recipient, any failure by you to pay for or accept the Offerings, your misuse of the Offerings, or any dispute raised by you in respect of Offerings duly rendered, which results in damages or losses to the Company, any Service Provider, or any other third party; (iii) your use, misuse of, or access to, the Services and the Platform; (iv) your violation of the Terms and Conditions, any applicable law, contract, policy, regulation, or other obligation; or (v) any claim brought against the Company or any Indemnified Party by a third party (including another User, whether a Service Provider or Service Recipient) arising out of your actions, inactions, or any other conduct related to your use of the Platform or the Offerings. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with us in the defense of such matter. You agree not to settle any claim without the prior written consent of the Company.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
WITHOUT PREJUDICE TO THE FOREGOING, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO A USER ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THE SERVICES, OR THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LOWER OF (A) INR 10,000 (RUPEES TEN THOUSAND), OR (B) THE TOTAL COMMISSION, FEES, OR CHARGES ACTUALLY PAID BY OR COLLECTED FROM THE CONCERNED USER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this Clause or elsewhere in these Terms and Conditions is intended to, or shall, exclude or limit any liability, right, or remedy that cannot lawfully be excluded or limited under applicable law, including the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and any other law for the time being in force for the protection of consumers. Where a User is a “consumer” within the meaning of such laws, the disclaimers and limitations in these Terms and Conditions shall apply to the maximum extent permitted under, and shall be read down as necessary to remain consistent with, such applicable consumer protection law.
- Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
- your failure to cooperate;
- your unavailability and/or unresponsiveness;
- your failure to provide accurate and complete information;
- your failure to provide or facilitate the submission of User Materials in timely manner;
- any event beyond Company’s reasonable control; or
- Inconsistency of data displayed on the platform.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Karnataka, India and you hereby accede to and accept the jurisdiction of such courts.
- Miscellaneous
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform, unless specified otherwise in an agreement between the Company and you.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested at the registered address mentioned in this Terms of Use; when receipt is electronically confirmed, if transmitted by facsimile or e-mail at cs@talentgridnow.com; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
- Contact
If you have any questions regarding the Services or usage of the Platform, please contact Company at cs@talentgridnow.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.
- Payment Policy
Our Platform enables Service Recipients to engage Service Providers for creative and related Offerings. The price for an Offering is agreed on the Platform. The manner in which payments are made, collected, processed, held, released, and settled may vary on a case-to-case basis, depending on the nature of the Offering, the arrangement between the relevant Users, and the instructions of the relevant Service Recipient, and may be set out in the applicable Additional Terms or engagement-specific arrangement. Payments are ordinarily facilitated through one or more third-party payment processors made available on or through the Platform, whose terms govern the processing and handling of funds.
Where applicable to a given Offering, the Company may facilitate the collection of amounts payable and their onward settlement as described below, but is not the provider of the underlying Offering. The total amount payable by a Service Recipient may include the Service Provider’s charges together with the Company’s margin, commission, convenience, or service charge, and applicable taxes. The Company’s charges may be built into the price displayed or shown separately, and will be reflected before the Service Recipient confirms the booking. The Company’s margin and charges are earned upon facilitating the engagement and are non-refundable except as expressly stated in these Terms or required by applicable law.
Depending on the arrangement applicable to a given Offering, and where so instructed by the relevant Service Recipient or otherwise agreed or required, the Company may (but shall not be obliged to) facilitate the collection of amounts payable by a Service Recipient and the onward settlement of such amounts to the relevant Service Provider, whether directly or through a third-party payment processor. Where any such amounts are collected or held pending onward settlement, they are collected or held solely for the limited purpose of facilitating settlement between the Users, do not constitute a deposit with, or the income or property of, the Company (save for its Commission and charges). The Company’s holding or handling of any such amounts is limited to facilitating onward settlement, and shall not make the Company a party to, or a principal, agent, employer, or guarantor in respect of, the underlying Offering or any contract between the Users.
Notwithstanding that payments are routed through the Company, the Company is not the provider of the Offering and does not guarantee, and shall not be responsible or liable for, the performance, quality, delivery, deficiency, delay, or non-performance of any Offering. The engagement for the Offering is entered into directly between the Service Recipient and the Service Provider, and any dispute regarding the Offering itself shall be resolved between them.
Commission / Platform Fee. In consideration of the facilitation, discovery, and connection services provided through the Platform, the Company may be entitled to a commission, platform fee, or service charge (“Commission”) in respect of engagements, transactions, or payments arranged, introduced, or facilitated through the Platform, dependent on the nature of the transaction.
The Commission, including its rate, basis of calculation, and manner of collection, shall be agreed on a case-to-case basis between the Company and the relevant User(s) and governed by the applicable Additional Terms or engagement-specific arrangement notified through the Platform. The Commission (or margin) may be retained by the Company out of any amounts it collects from the Service Recipient before onward settlement, or may be invoiced separately or collected in such other manner as may be agreed or notified, and is non-refundable except as expressly agreed by the Company in writing or as required under applicable law. The Commission remains payable on any engagement or transaction that originated from or was facilitated by the Platform, including where Users deal directly in circumvention of the Platform.
All payments for services availed through the Platform shall be made only through the payment modes made available on the Platform and operated by the Company’s third-party payment processor(s). By providing a payment method, You represent and warrant that You are authorised to use it, and You authorise the Company (or its third-party payment processor) to charge or debit the applicable amount, including any Commission, fees, or charges due to the Company.
The Company will make reasonable efforts to follow up with the relevant Service Recipient or Client for timely payment. In the event of any short collection or under-charging of the amount payable (including any fee, tax, or statutory charge), whether owing to a technical error or any other reason, the Company reserves the right to recover, deduct, or claim the balance from the concerned User, who shall pay the same; and where such short collection is identified before the relevant service is availed, the Company may withhold or cancel the booking or engagement if the balance is not paid before the service is availed.
Notwithstanding the above, the Platform acts solely as a technology facilitator and intermediary connecting Service Providers and Service Recipients, and does not act as a party to any Offering between Users. The Company does not guarantee, and shall not be responsible or liable for, any non-payment, delayed payment, short payment, or default by any Service Recipient, Client, or other User. The obligation to make payment rests solely with the paying User, and any dispute in relation to payment shall be resolved between the concerned Users, without any liability accruing to the Company. Nothing in this Payment Policy shall exclude or limit any liability that cannot be excluded or limited under applicable law.
Where any party entitled to receive payment under or in connection with the Platform – whether the Company (in respect of its Commission, fees, or charges) or a Service Provider (in respect of services rendered), is a micro or small enterprise registered under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”), the party liable to make such payment shall do so within the timelines, and subject to the consequences for delayed payment (including any interest) prescribed under the MSMED Act and other applicable law.
- Taxes
To the extent the Company is required, as an “e-commerce operator” or otherwise, to deduct or collect tax at source on any payment made or facilitated through the Platform, including under Section 194-O of the Income-tax Act, 1961 or Section 52 of the Central Goods and Services Tax Act, 2017 (or corresponding State/Union Territory GST legislation), the Company shall be entitled to deduct or collect such tax and remit it to the appropriate authority, and the amount payable to the relevant User shall stand reduced accordingly. Each User is solely responsible for obtaining and maintaining any registration (including GST registration), and for the accurate reporting, deduction, collection, and payment of all taxes, including income tax, GST, and any other applicable duties or levies, arising from or in connection with its use of the Platform, its Services, and any engagement, and for issuing valid tax invoices where required by law. The Company’s Commission and any other fees payable to it are exclusive of applicable GST, which shall be payable by the User in addition, at the applicable rate, unless expressly stated otherwise.
- Refund policy
Any refund arises out of, and is governed by, the terms agreed directly between the Service Recipient and the Service Provider for the relevant engagement. Where an advance is paid and a project is cancelled before completion, the Service Provider may be fairly compensated for the time, effort, and resources expended up to that point, and any refund of the balance shall be determined between the Users on that basis.
To initiate a request, a User must contact our support team within 10 (ten) business days of the cancellation or non-delivery by emailing cs@talentgridnow.com. The Company’s role is limited to raising the request with the relevant counterparty and making reasonable efforts to assist a resolution; the Company does not guarantee, underwrite, adjudicate, or fund any refund from its own account, and entitlement and quantum are to be resolved directly between the Service Recipient and the Service Provider. Where the Users agree on a refund, it shall be effected between them and/or through the payment processor to the original payment method, and, where the Service Provider has already been settled, any refundable amount shall be borne and returned by the Service Provider and not by the Company, which the Company may facilitate or pass on to the relevant User to the extent it actually receives such amount. As regards the Company’s own Commission, convenience, or service fees, these will be refunded where the Company has been unable to provide its facilitation service, where a booking or engagement could not be initiated or fails through no fault of the User, or where an amount has been charged in error; such fees are not otherwise refundable where the Company has duly provided its facilitation service, save as expressly agreed by the Company or as required under applicable law. All requests are assessed on a case-to-case basis dependent on the engagement between the Users for the Offerings.