Terms & Conditions
Version no: 1
IMPORTANT:
CAREFULLY READ THE TERMS AND CONDITIONS ("AGREEMENT") WHICH GOVERN THE USE OF ALBEQUU SOLUTIONS PRIVATE LIMITED (THE "COMPANY") SERVICES MADE AVAILABLE THROUGH THE COMPANY'S PROPRIETARY MOBILE APPLICATION 'TICHI' (THE "PLATFORM") AND BY CLICKING ON THE "I AGREE," BUTTON, YOU ("YOU" OR "YOUR") ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT ALONG WITH THE PRIVACY POLICY AND ANY OTHER GUIDELINES, SUPPLEMENTAL TERMS, POLICIES AND DISCLAIMERS ISSUED BY US FROM TIME TO TIME WITH THE COMPANY("WE," "US," OR "OUR"), AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
TICHI IS INTENDED ONLY TO SERVE AS A PRELIMINARY MEDIUM OF CONTACT AND EXCHANGE OF INFORMATION FOR ITS USERS /VISITORS WHO HAVE A BONA FIDE INTENTION TO CONTACT AND/OR BE CONTACTED FOR THE PURPOSES RELATED TO GENUINE EXISTING JOB, BUSINESS, PROFESSIONAL AND SERVICE OPPORTUNITIES (OPPORTUNITIES).
THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE THAT YOU ACCEPT THIS AGREEMENT IN THE MANNER. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE ALBEQUU SERVICES.
Confidential Information means any information, whether oral or in writing, whether or not specifically designated as confidential and/or that is known or ought to have been known, given the facts and circumstances of disclosure, that the information constitutes confidential information and includes without any limitation, information in relation to the User, user-generated content for the purpose of generating documents, source code, proprietary information, financial information, purchase information, or other business or information of or belonging to the User, including, without limitation, copyright material, data, processes, methods, technology, trade secret, designs, trademarks, techniques, registered or unregistered patent or trademark applications, discussion/s held and such other information provided in connection with and/or related to any or all of the services of the Company.
Intellectual Property includes, without limitation, all intellectual property rights, including, software, source code, documentation, domain name, user information, all inventions, trademarks, patents, trade names, copyrights, moral rights, know-how, intellectual property, software, licenses, developments, research data, designs, technology, trade secrets, test procedures, processes, computer programmes, computer discs, computer tapes, literature, reports and other confidential information, intellectual and similar intangible property rights, whether or not patentable or copyrightable (or otherwise subject to legally enforceable restrictions or protections against unauthorized third party usage), and any applications for, registrations of and extensions, divisions, renewals and reissuance of, any of the foregoing, and rights therein.
Personal Identifiable Information means and includes any information or set of information, whether alone or in combination with other personal information collected, stored, utilised, or processed by the Company, which is adequate to identify the individual.
Recipient refers to any individual or entity who receives the shared system-generated unique link to the opportunity posting via third-party platforms such as social media, SMS, or email and is directed to view the opportunity post/s on the Platform.
User means an individual or entity who creates and maintains an account on the Platform to connect, engage, and explore opportunities through the Platform's service.
The services offered by the Platform include but are not limited to:
2.1 Profile creation: Users can create and maintain a profile to showcase their skills, experience, and professional background. The accuracy and completeness of the information provided in a User's profile shall be the sole responsibility of the User.
2.2 Opportunity posting: Users can post opportunities specifying details such as title, description, required skills, compensation, and other relevant criteria. Users posting opportunities shall ensure that the information provided is accurate, lawful, and complies with the Platform's policies.
2.3 Search and discovery: The User may explore posted opportunities using filters such as domain, location, and compensation range. The Platform does not guarantee the availability or accuracy of any opportunity listed by other Users.
2.4 Connection requests: The User may initiate contact by sending connection request/s to others based on their posted opportunities and professional interests. Sending a connection request does not guarantee acceptance, and Users retain the full discretion to accept or decline such requests.
2.5 Profile review: Users receiving connection requests may review the profile/s of interested users before making a decision. The Platform does not intervene in the decision-making process of the Users regarding connection requests.
2.6 Profile verification: User identification verification is not mandatory; however, the Platform offers a paid verification service to enhance profile authentication and improve overall security. Upon payment of the applicable verification fee, Users may submit the required identification proof for verification. Successfully verified users will receive a 'Verified Profile' label, indicating that their identity has been authenticated by the Platform. The Platform does not guarantee the authenticity of Verified Users beyond the verification process and shall not be liable for any misrepresentation or misuse of the verification status.
2.7 Contact information sharing: Upon shortlisting interested users based on the posted opportunities and professional interests, access to each others' contact details shall be granted only after payment of the applicable subscription fee, as outlined in Clause 7 of the Agreement.
2.8 In-Platform communication: Users who have subscribed to the Platform on payment of the applicable subscription fee, may communicate through the Platform's messaging system to discuss details of the opportunity. The Platform does not monitor, verify or take responsibility for the content of User communication.
2.9 Share functionality feature: The Platform provides a 'Share functionality' feature, allowing the User to share a system-generated unique link to the posted opportunity through third-party platforms such as social media, SMS, and email. This link will direct recipients to the opportunity post on the Platform.
3.1 Intermediary Role: The Platform acts solely as an intermediary, connecting users for opportunities such as jobs, business collaborations, and service requests. The Platform does not guarantee opportunity placements, user availability, or commitments from either party.
3.2 No Responsibility for Agreements or Disputes:The Platform does not assume responsibility for any agreements, terms, or disputes that may arise between Users. Users are solely responsible for negotiating and finalizing the terms of their interactions
3.3 Content ModerationThe Platform reserves the right to review, modify, or remove any opportunity, postings, or profiles that violate the Platform’s policies or applicable laws. This includes but is not limited to:
3.4 Profile VisibilityUser profiles are visible only to those who post opportunities and receive a connection request from the profile owner. The Platform does not guarantee the accuracy or authenticity of user- provided information
3.5 No Endorsement of UsersThe Platform does not endorse or verify the qualifications, skills, or intentions of any user. Users are encouraged to conduct due diligence before engaging with others
3.6 Service AvailabilityThe Platform strives to provide uninterrupted service but does not guarantee continuous availability. The Company is not liable for any inconvenience or loss resulting from Platform downtime or technical issues.
4.1 The Platform that is subscribed to or offered to or used (whether the same is paid for by the User or not) is meant for the Purpose and only the exclusive use of the User.
4.2 Copying, downloading, recreating, sharing passwords, sublicensing, or sharing in any manner the content made available on the Platform which is not under these Terms and Conditions, is a misuse of the Platform and the Company reserves its right to act in such a manner as to protect its loss of revenue, reputation or claim damages including stopping the User’s service or access and reporting to the relevant authorities.
4.3 In the event the User is found to be copying, misusing, transmitting, or crawling any data or images or any information available on the Platform for any purpose other than that being a bonafide purpose, the Company reserves the right to take such action that the Company deems fit including stopping access and claiming damages.
4.4 The Platform is publicly accessible, and the Company assumes no liability for the quality and genuineness of responses. The Company cannot monitor the responses that a user may receive in response to information that is displayed on the Platform. The other User shall conduct background checks on the bonafide nature of the response(s).
4.5 The User permits the Company to use the information about actions that the User has taken on the Platform in connection with the posted opportunity and other content that is displayed across the Platform and the Services available on the Platform, without any compensation to the User. The Company can use data and information about the User to make relevant suggestions and recommendations.
4.6 The Platform may contain links to third-party websites and links to websites as posted by Users. These links are provided solely as a convenience to the User, and the presence of these links should not, under any circumstance, be considered an endorsement of the contents of the same. If the User chooses to access these websites, the User does so at their own risk.
4.7 Whilst using this Platform, the User is cast an obligation to only provide true and correct information, and in the case of creating a profile, the User undertakes to, at all times, keep the information up to date. The Company shall not be liable for any inaccuracy of information on the Platform.
4.8 The User shall not utilize the Services offered by the Platform/Company in any manner to impair the interests of the Company. The User undertakes not to duplicate, download, publish, modify, and distribute the material on the Platform unless specifically authorised by the Company in this regard.
4.9 Users who violate these Terms may have their access and use of the Platform suspended or terminated at the Company’s discretion.
4.10 If the User, at any time during its use of the Platform, made a misrepresentation of fact to the Company or otherwise misleads the Company with regard to the nature of the User’s business activities, the Company reserves the right to terminate the User’s account and access to the Platform.
5.1 Individuals and entities can use the Services of the Platform.
5.2 The User shall be 18 years of age and fully able and competent to contract in accordance with the applicable law and shall be able to understand and agree to the terms, conditions, obligations, and representations, and warranties set forth in these Terms.
5.3 The User represents that the User is not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws.
6.1 To use the Platform and avail of the services, the new User shall register on the Platform by entering an email address and setting a password. After furnishing the email address, the User shall receive a verification email to confirm the email address. Upon verification of the email, the User is directed to the login page.
6.2 New Users may opt to register on the Platform by linking to their email address, Google, or Apple accounts.
6.3 On successful registration, the User will be able to access their account by using the username and password chosen during the registration process.
6.4 Upon registration, users are required to create a single profile by providing the following Personal Identifiable Information (PII):
6.6 The User may also be required to furnish additional information as required by the Platform to complete the creation of the profile.
6.7 The User undertakes to provide the Company with accurate and complete information.
6.8 The Platform allows the User to edit and update their profile information.
7.1 The subscription fee for services on the Platform shall carry different prices/rates based on the requirements of the User, which are as mentioned in www.tichi.app.
7.2 The subscription fees should be renewed manually, as the Platform does not provide for an auto-renewal option. The User will receive a notification every day for the last three days before the expiration date and another after the expiration date. Once the plan expires, all services associated with the subscription will be discontinued.
7.3 A message portal access will be counted only if both parties have initiated the conversation. If only one party has paid and started the conversation, it will not be counted, and their allowance of 3 message portal access will remain unaffected. Both parties must complete the payment before in-app messaging begins.
7.4 The Company will commence providing Services only upon receipt of the amount/charges upfront either from the User or from a Third Party on behalf of the User.
7.5 The Platform provides Users with the ability to view, access, and download invoices for payments received through their account.
7.6 Users while clicking the opportunity postings generated on the Platform, it shall be the sole prerogative and responsibility of the User to check the authenticity of all or any response received pursuant to the opportunity posting and profile being displayed by the Company for going out of station or in station for any job/service/ interview/ discussions and the Company assumes no responsibility in respect thereof.
8.1 Subscription fees paid are not refundable once the subscribed services by the User have been provided.
The Platform provided by the Company may include software, content, links, data or other materials, including related documentation, that are owned by persons other than the Company, such software shall be provided to the User on terms that are in addition to and/or different from those contained in this Agreement (“Third-Party Licenses”). The User shall be bound by and shall comply with all Third-Party Licenses and any breach by the User of any such Third- Party’s License shall also be deemed to be a breach of this Agreement.
10.1 User shall not access or use the Platform for any purpose except those specifically authorised by these Terms.
10.2 User shall not directly or indirectly, engage in any activity that is grossly harmful, defamatory, blasphemous, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, harassing, encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
10.3 The User shall not directly or indirectly engage in the following activities:
10.4 The Company reserves the right to delete or remove of any such User without notice if it comes to the Company's knowledge or if it is otherwise notified to the Company that it infringes and/or violates any third party's trademark, copyright and/or any other intellectual property right and the Company may also terminate access to its Platform permanently.
10.5 Users are solely responsible for their posting on the Platform.
10.6 User shall not share the password or other account access information with any party, either temporarily or permanently.
10.7 The User shall immediately notify the Company of any unauthorised use of their account, profile, or passwords.
11.1 The content of the pages of this Platform is subject to change without notice.
11.2 The Company's services, along with any data and information obtained or provided through them, are offered on an "as is" and "as available" basis. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11.3 Your use of any information or materials on the Platform is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through the Platform meet your specific requirements.
11.4 The Platform contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
11.5 Unauthorized use of information provided by the Company shall give rise to a claim for damages and/or be a criminal offense.
11.6 From time to time, the Platform may also include links to other websites. These links are provided for the User’s convenience to provide further information.
11.7 The User shall not create a link to the Platform from another website or document without ALBEQUU SOLUTIONS PRIVATE LIMITED’s prior written consent.
11.8 The User warrants that all details and information provided to the Company, including its directors, employees, associates, partners, or suppliers while using the Platform are accurate, complete, and authentic.
11.9 TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM AND THE CONTENT ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1 User acknowledges and agrees that the Company owns all rights, title, and interest in the Service and the Platform, including the Intellectual Property in the Service and Platform developed, graphics, user interface, programming code, description, and such other content created for the User shall solely vest with the Company.
12.2 Access or use of the Platform does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights. The Company grants the User a limited license to use and access the Platform.
12.3 User acknowledges and agrees that all intellectual property rights including trademarks and logos of the Company and the Platform shall vest in the Company and the User shall not indulge in any act that construes that such trademarks and logos of the Company belong to the User.
12.4 User agrees and acknowledges that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise discover any source code, sell, assign or sub-license any interest in or otherwise transfer any right in the Service.
13.1 The User shall not use, disclose, or distribute any Confidential Information except as expressly permitted by this Agreement or with the prior written consent of the Company.
13.2 The User shall take all reasonable precautions to protect the confidentiality of such information, including implementing appropriate security measures and restricting access to authorized individuals only.
13.3 The obligation to maintain confidentiality shall not apply to information that:
14.1 Under no circumstances shall the Company, its directors, employees, associates, partners, or suppliers be held liable to the User for any loss or damage arising from or related to these Terms, the use of this Platform, or the utilization of any Services provided by third-party service providers.
14.2 The User agrees to indemnify and hold harmless the Company, along with its directors, employees, associates, partners, and suppliers, against all liabilities, including claims, damages, legal suits, or expenses incurred in defence, resulting from:
14.3 When using any of the payment methods available on the Platform, the Company shall not be held responsible or liable for any loss or damage suffered by the User, whether directly or indirectly, due to:
14.4 The use of the payment facilities provided by the Platform does not make the Platform liable or responsible for issues such as non-delivery, non-receipt, non-payment, damage, misrepresentation, breach of warranties, warranty services, or fraud related to the services provided on the Platform. The Platform shall not be held accountable for any damages, claims, or liabilities resulting from the failure to process a transaction.
15.1 The Company endeavours to provide uninterrupted service through its Platform; however, it does not guarantee continuous availability and may suspend or modify services for maintenance, upgrades, or unforeseen circumstances.
15.2 The User acknowledges that the Platform may experience occasional downtime, and the Company shall not be liable for any resulting inconvenience or loss.
16.1 The services provided by the Platform maintained, operated, and owned by the Company do not extend to acting as an agent (express or implied) on behalf of any subscriber or user. The Company has no agents and does not operate through any agents.
In accordance with the Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr. Ashok Kumar
ALBEQUU SOLUTIONS PRIVATE LIMITED
Director
Email: ashok01@albequu.com
Address: 4/147, Kennedy Road, Perianaickenpalyam, Coimbatore -641020
18.1 These Terms and Conditions shall be governed by the laws of India. The exclusive forum for any disputes arising out of or relating to these Terms and Conditions shall be a court of law located in Coimbatore, India.
18.2 Any/all disputes arising out of this Agreement shall be first attempted to be resolved amicably by mutual negotiations. If the dispute cannot be settled amicably, either Party, as soon as practicable, but not earlier than 45 days after a request for such amicable settlement has been made, give to the ether Party a notice, in writing, of the existence of such Dispute, and the same shall be referred to Mediation, as per the Mediation Act, 2023, in the second instance and finally settled by fast track arbitration conducted by a sole Arbitrator in Coimbatore in accordance with Section 29B of the Arbitration and Conciliation Act, 1996 or any statutory enactment thereof and the rules made thereunder for the time being in force shall apply to the said arbitration proceedings.
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination, or rescission, including, without limitation clauses related to Limitation of Liability and Indemnity, Disclaimer and Warranty, Intellectual Property Rights, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further, any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties before such termination
20.1 In the event that any portion or clauses of this Agreement is held by a Court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining portions of this Agreement and the application thereof shall not in any way be affected thereby.
20.2 If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event, the Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its Services/facilities, and in such cases, its obligations shall be suspended for so long as the Force Majeure event continues. For the purpose of this Agreement, “Force Majeure Event” means any event, due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, pandemics, government-mandated lockdown/quarantine measures, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
20.3 No modification of the Terms shall be effective without the prior written consent of the Company.
20.4 The User shall not assign their rights under the Terms to anyone without the prior approval of the Company.
20.5 The Terms hereto shall constitute an entire agreement and shall supersede all existing or prior agreements and communications, whether written or verbal, relating to the subject matter.
20.6 The Company reserves the right to retain, at its sole discretion, to modify or amend the Terms and any related policies at any time. The Company will notify the Users on the Platform about any changes, updates, amendments, revisions, or modifications made to the Terms and related policies. Continued access or use of the Platform following such updates indicates the User's acceptance of the revised Terms. Users are encouraged to revisit this page periodically to stay informed about the latest version of the Agreement.