Terms and Conditions

User Agreement

These terms and conditions applicable to the use of the Getwork App or Website (as defined below) (“Terms of Use”), together with the privacy policy applicable to the Getwork App, website, and available at Getworkapp.com, and any other disclaimers and terms applicable to the use of the Getwork App, Website, govern Your use of the GetworkApp, Website and Services, and constitute an agreement between Getwork (“Jemke (OPC) Private Limited” / “We” / “Us” and variations of these terms). These Terms of Use apply to you and are binding upon you and Getwork’s licensors, subsidiaries, associates, affiliates and partners through your use of Getworkapp.com (“Website & App”)

These Terms of Use may be amended / updated from time to time. Upon amending / updating the Terms of Use, we will accordingly amend the date above. We suggest that you regularly check these Terms of Use to apprise yourself of any updates. Your continued use of the Website will imply your unconditional acceptance of such updates to these Terms of Use. By visiting, accessing and/or availing any of the Services (as defined below) offered on the Website;

1. You agree that you have read, understood and agreed to these Terms of Use and you acknowledge that these Terms of Use shall apply to you and be binding on you.
2. You have read, understood and accepted our Privacy Policy available at https://www.getworkapp.com/privacy.
3. You are competent under the laws of India to agree to these Terms of Use and the terms in our Privacy Policy, and to avail of the Services offered on the Website and App;
4. You have the mental capacity and are of sane mind to take responsibility for Your own actions and consequences arising out of such actions involving availing the Services offered on the App, Website, such as inter alia foregoing money deposited by you with Getwork.
5. You are bound by the rules of the each of the Services that you avail on the Website or App. (“Services” refer to the technological platform and all IT related services provided to you on the Website offered on the App & Website to registered Users.). This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site or the Getwork services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Getwork App or Site. Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request.

 

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell services on Getwork Site or App.
• Seller Registration is Free.
• Getwork in any away does not guarantee/ensure a job/work, but is a platform through which sellers can showcase their skills to buyers and buyers can choose/select the seller to award jobs/work/work.
• Job/ work created by the seller (content & images) can be removed by Getwork for:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Spam, Nonsense, or Violent content
  • Misleading to Buyers
  • Services that extend beyond 30 days of service duration
  • Exceedingly low quality
  • Any activities violating the terms and conditions or prejudicial to the interest of Getwork
  • Any activities found which might bring disrepute to Getwork
• Jobs/work on Getwork may be offered at a base starting price of INR 10 plus taxes. Some Jobs/work are offered at a base price of more than INR 10 as determined by the Seller.
• Buyers have to pay Worker in completion of work with 100% security and Rate to worker in order to make work completion (see Purchasing Section below regarding payment terms).
• Seller must complete his KYC (document) in order to start work and get paid through or use of our services.
• Buyer have to pay finalized amount including taxes in order to purchase a job/work/service.
• Amount paid by the buyer directly hand over to worker, there’s no between buyer and seller we get any amount.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status. Sellers may also withstand monetary penalty.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Job/Work Extras, or selling their Job in multiples.
• Users may offer or accept payments using any method suitable to both buyer and seller.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Job page. Note: some Jobs/work charge additional payments (through Job Extras) for Commercial Use License.
• Getwork retains the right to use all published delivered works for Getwork marketing and promotion purposes.
• In selection of some skills you may need certification to prove buyer and seller as well, So before you select skill which may need certificate you must have to verify or buyer have to check and verify about certification. (Like example: Nursing or health care section must need certification to work with skills mentioned in Getwork)
• Getwork provides a platform to both buyers & sellers to connect with each other & to resolve the work related issue, complaints & un-satisfaction among themselves.
• We care about your privacy. You can read our Privacy Policy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
• In case of any dispute, Getwork management decision will be final.
• 18% GST would be applied on deposit in the wallet to make in-app purchases as well on purchase with earnings wallet amount at the time of auto-renewal of membership, or purchase anything other in-app.
• 2.5% Convenience and transaction fees applied while making payments to workers directly through the app. These fees directly get paid extra to the payment gateway.
• 2.5% fees apply while withdrawing money from an account as settlement or convenience fees. The minimum withdrawal amount needed is Rs.500 or more processed within 12 to 72 hours.
• Fees or GST charges are non-refunded.
• Only earnings in the wallet can be withdrawn, other account money in direct wallet deposit is not applicable to withdraw user must have to use it for making in-app purchases.

 

USE OF THE APP / WEBSITE / SERVICES

 

You may not use the App and / or Website and / or the Services:

• for any purpose that is unlawful, illegal or forbidden by law;
• No data shall be shared or any activities shall be carried out directly or indirectly through the website in any manner whatsoever which is breach of any of the conditions mentioned above or which are in contravention with any law of India.
• Further Getwork shall not be liable for any such breach or violation of any Law committed by any User. Further Getwork reserve its right to initiate appropriate Legal Proceedings against the concerned person and in case of any such violation or breach of any condition or any activity prejudicial to the interest of Getwork is committed appropriate action under prevalent laws of India shall be taken by the Company.
• Further Getwork reserves its right to report any violation or breach of condition/ law to the Cyber fraud cell or to concerned authorities to initiate appropriate actions against the erring person.
• In any manner that harms the Getwork, or Getwork’s directors, employees, affiliates, distributors, partners, service providers, and / or any other User of the Website or App;
• to remove any copyright and other proprietary notices contained in any content on the App, Website or Service;
• for the purpose of accessing the App, Services, Website, or any user content, posted by a User on the Platform by the use of spiders or robots.
• To send communications containing unsolicited / unauthorized advertisements, promotions or marketing material.
• In any manner other than as agreed in the Terms of Use.
• Belongs to another person and to which you have no right to;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• Harms minors in anyway;
• Infringes any patent, trademark, copyright, or other proprietary rights;
• Violates any applicable laws;
• Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
• Impersonates another person;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
• Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• Used word “FREE” in our advertisement or any other promotional purpose mean to offer only Free work posting over app as per free membership you get while signup and Get your work done for mean that you can list your work requirements for free as per free membership benefits only. You must have to pay to worker/person for their work done. We offered just free listing in limited way.
• “FREE T-shirt” which means you get free t-shirt of Getwork Brand if you comes up within first 1000 or as per limited persons from Referral program which you can check in refer friends and family section in the app, as per that if referred or invited people join our app and signup with only single account and subscribe our membership you’ll get Free T-shirt offer enabled and you have to collect it from the refer friend section and claim it by submitting your information. We does not guarantee about this scheme and offer also it may expire the limit or date which is we can not define of prior basis.
• “We give you work” or “We provide work” by meaning to use this keywords or similar we mean to say is that we’ll give you benefits of Free Membership which is listed in membership section inside the app, likely you have few benefits we can help you to list your work service profile from that you can offer your service to clients or users who needs any kind of work done by applying your offer to the posted work. If employer awards you and give work to you then you responsible to complete the work and collect payment on completion of that.
• We do not guarantee about anything with used key words FREE and Free work done that you will get this things for free, you must have to meet criteria to be avail this kind of offers and Free work done is that our listing is only free not work it self done by worker or freelancer.
• We can decline any offer or announcement which made by us to provide particular user or person without explaining things or reasons.
• Make sure you know about the charges and fees while making deposit or payment or withdraw the funds.

 

USER REGISTRATION

 

Eligibility

The Services offered by the Company on the Platform are exclusive to its network of Registered Users. To use any of the Services available on the Platform, You will need to be registered as a Registered User of the Platform as per the process below to use the Services. Non-Registered Users / Visitors may have restricted access and can browse only certain sections of the Application without logging in though.

You are eligible to be a Registered User of the Platform if you:

• are an individual and of sound mind and competent to enter into a legal binding contract under Applicable Laws;
• are above 16 years of age;
• are not a person barred from contracting under the Applicable Laws and comply with the Applicable Laws at all times;
• Have read the Terms and agree to be bound by the same.

 

REGISTRATION PROCESS

You can create an account by either accessing the Website or by downloading/installing the Application from www.getworkapp.com

To create the User Account, You will be required to provide all information so provided is collectively referred to as “Customer Information.

• Users are required to accurately provide the following information:
  • Full Name
  • Username
  • Phone Number
  • Age
  • City
  • State of Residence
  • Gender
  • Date of birth
• Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions & Privacy Policy.

 

USER UNDERTAKINGS & OBLIGATIONS

• You will also be required to choose a unique user name and phone or OTP for the purpose of signing in to Your User Account. For security reasons, we advise you to not share the details of the username and OTP (One Time Password you get everytime login) with any Person and you shall be solely responsible for maintaining the confidentiality of the same.
• If the seller fails to revise/ responds to the job/work undertaken within the time frame as discussed with the buyer, it will be considered late.
• Buyer has to respond within 3 days to 1 Week of seller submission of job/ work either for revision or successful completion. If buyer fails to respond within the stipulated time the order will be marked successfully completed by Getwork.
• Charges will be applicable on late/delay in completion of order by seller mentioned delivery date as per below:
  • Bid Block for 24Hr if work is delayed by 24 hours
  • Bid Block for 3Days if work is delayed by 2 days
  • Bid Block for 1Week if work is delayed more than by 2 days
• If the order is cancelled by the buyer (for any reason) before final submission, 20% of final amount will be charged to the buyer. If a buyer had opted for milestone/instalment payment and wants to cancel the work, the completed milestone payment is non refundable.
• In milestone/instalment payments, if buyer fails to pay the amount within the due date, interest of Rs.100 per day will be charged to buyer above and additionally on the due amount.
• Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled if its on a milestone basis. The payment for the done/completed milestone will be not refundable to the buyer.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller.. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
• On order cancellation request or refund request by the buyer, If a buyer has asked final files from the seller before delivery and without making full payment of the project and on which the seller has sent final files to the buyer before marking the order delivered, the amount will be non refundable to the buyer.
• Monies held in your account wallet shall not attract any interest.
• Payment of any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to seller/buyer depending on residency or location will be the sole responsibility of the seller/buyer.
• You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any withdrawals or direct payments paid to you.
• Buyers/ sellers cannot ask each other personal information such as contact number, email id etc.
• Buyers can communicate with seller only through message board of Getwork App. Buyers and sellers may not communicate with each other outside the platform. If such case is found the account will be blocked without any prior notification and the Getwork App balance will be forfeited. They will not be allowed any activity on the website & legal action will be taken.
• You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction that applies to you.
• You fully understand the methods, rules and procedures of the Services in general. You understand that it is your responsibility to ensure the details of Services are correct. You will not commit any acts or disuse any conduct that damages the reputation of the Company.
• All communication will be recorded with user and can be used by company for any reason.

 

COMPANY OBLIGATIONS

• The Company has no obligation to check whether users are using the Services in accordance with the User Agreement, as updated from time to time.
• Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a user against any other user using the Services or to take any other action in connection therewith, or take any action against a user for any reason, including without limitation for violating the terms of the User Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of the User Agreement, but is under no obligation to do so.
• The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your account name or password because of anything other than the Company’s negligence, the Company shall not be liable.
• We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Getwork Customer Support department for assistance. The decision of Getwork will be final in this case.
• The corporate office is situated in Gujarat. All rights of Getwork App / Website / Service etc with this brand reserved to only Jemke (OPC) Private Limited.

 

Seller/Worker Registration FREE

Getwork registration is FREE but in consideration for providing such User with access to the Website, and the use of the Services provided by Getwork on the Website and App to use additional benefits you have to pay for Membership fees. Also while depositing any amount 18% GST applicable on the complete amount.

Payments

Getwork may make available a professional service that gives employer, buyer or client the opportunity to highlight or sponsor their work posting or to make premium work placement with sponsor work. Additionally, the Getwork web and App platform that is made available to select employers, the buyer is also an exclusive offering that might not be the most relevant Getwork offering for smaller employers or clients. In all such cases and for all such add-on and exclusive services, Getwork charges a periodic or fixed sum of money from buyer, seller, worker, or employer who agrees to sign up for these services. Such payments are made directly by the employer or buyer to the worker or employee. Getwork will not share responsibility or liability for any attempt of payment that is made through a third party that is not registered. User can deposit amount to their wallet and use to buy services available in our Web or App platforms.

Direct deposit to account wallet is non withdrawable and 18%GST applicable while making deposit. Payments made to send on completions of works directly to worker would be applied with 2.5% fees of the total amount user wants to send as well same 2.5% would be applied while withdrawing this money from worker or user side as settlement and convenience fees and this are totally non-refundable.

Refund/ Cancellation

There are no refunds for payments made on the Getwork by users. In case of cancelation, the service will be stopped either immediately or at the end of the billing cycle or expiration of membership ( Depending on the nature of the request placed). However, a refund shall not be initiated for the same. User can use their funds to buy services available in Getwork’s App or Web platform.

Applied GST & Additional charges or fees are totally non-refundable.

 

CONFIDENTIAL INFORMATION

The User acknowledges that the App / Website and / Services may contain information which is designated confidential by Getwork and agrees that the User shall not disclose such information without Getwork prior written consent.

 

USER ACCOUNT SUSPENSION AND TERMINATION

There may be circumstances where we are required to freeze the monies in your account which will prevent You from using the App / Services / the website. In such events, we may also be required to supply relevant User details to the applicable authority, regulator, or other third parties. These actions will be taken where we have reason to believe that your account may be used for, including but not limited to, the following activities:

• Fraud or attempt to defraud.
• Money laundering.
• Unethical Behavior.
• We have reason to believe you are less than 16 years old.
• You are in a jurisdiction (or citizen of a jurisdiction) that makes the provision of Our Services to You or Your use of them illegal.
• With your acknowledgement, Getwork owns the right to record & save any interactive services and/or user content produced by you but not limited to chat on the website.
• You understand that Getwork is not liable to carry any interest or return on the funds in your user account.
• You are violating these Terms of Use in any manner.
• If our investigations are ongoing and unresolved issues remain then we will continue to freeze Your User Account, or we may take the decision to close such User Account. We have the right to close Your User Account at any time for any reason.Getwork also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms of Use or applicable law. To clarify, you will be required to make any payments due to Getwork at the time of such closure of Your User Account.
• Upon User Account termination or suspension, regardless of the reasons, Your right to use the App, Website or Services immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and/or bar any further access to the Website.Getwork shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of Your User Account or any other actions taken in connection with such account termination or suspension.
• You can not close Your User Account. If you want to close your account you should inform us either in writing, via e-mail, or letter, using the details found in our Contact Us section. All monies / payments due to be paid to Getwork, must be made prior to the closing of the User Account. To clarify, as described above, each User will only be permitted to register and create one User Account, and you will not be able to create a new User Account upon the closing of your existing User Account.Once we receive confirmation that you wish to close your account, if requested, You shall be sent the value of the balance currently in Your account by a method of payment determined by Us, subject to deductions of any payments due to be made by You to Us at the time of closing of Your User Account.
• The validity, construction and effect of these Terms and Conditions and each and every provision hereof shall be governed by and construed in accordance with the laws of Bhavnagar, Gujarat, India. Any dispute arising out of or in connection with these Terms and Conditions, whether in contract or tort and including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of Bhavnagar, Gujarat India which Rules are deemed to be incorporated by reference into this clause. The arbitration proceedings shall be conducted in Bhavnagar, Gujarat India before a single arbitrator. The arbitrator shall be appointed by Getwork.

 

RIGHTS & RESERVATIONS

There may be circumstances where we are required to freeze the monies in your account which will prevent you from using the Services / the website. In such events, we may also be required to supply relevant User details to the applicable authority, regulator, or other third parties. These actions will be taken where we have reason to believe that your account may be used for, including but not limited to, the following activities:

• All decisions made by Getwork in relation to inter alia your registration with Getwork on the App, Website, Services offered including processes involved and outcomes of such Services offered on the Website shall be at the sole discretion of Getwork and such decisions shall be final and binding on You.
• Getwork shall have the right to request additional documents and additional information from you for the purpose of Your registration on the Website, at the time of the additional verification required for You to use cash Services, or at any time during such time when You are a registered User on the App, Website and availing Our Services.
• Getwork shall have the right to suspend or terminate Your registration with Get work on the Website if Getwork has any reason to believe that You are violating any of the provisions of these Terms of Use, Privacy Policy, any other rules / policies of the Website, or any applicable laws.

 

PERSONAL INFORMATION AND DATA SECURITY

Getwork may collect certain personal information from you in connection with the App / Website / Service. Such personal information may be collected in various ways including:

• when You register on the App or Website,
• when You use the App, Website / Services

Your personal information may be collected used, stored, processed, disclosed and transferred) for the purposes noted below and in accordance with applicable data protection laws and the Privacy Policy:

• For the purpose of providing you with the Services, in accordance with these Terms.
• For account administration, customer service and technical support, billing and reconciliation, operational maintenance and support, fraud detection and prevention, as required by law or regulation.
• Marketing & promotions.
• Getwork collection, storage, use, disclosure and otherwise dealing of any information provided by You at the time of registration and creation of a User Account, or during the course of Your using Our Service, including your personal information shall be governed by Getwork’s Privacy Policy available at https://www.getworkapp.com/privacy For more information on the security measures and systems that we have in place for the protection of your personal Information collected from you on the Website, kindly refer to our Privacy Policy.

Your acceptance of these Terms of Use, and use of the App, Website and / or the Services shall be deemed to constitute your acceptance of the terms of the Privacy Policy.

 

INDEMNITY

You agree to defend, hold harmless and indemnify Getwork, its affiliates, directors and officers (collectively the Getwork Indemnified Parties) from and against any and all losses, costs, expenses, damages or other liabilities incurred by any Getwork Indemnified Party, from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against a Getwork Indemnified Party, due to or arising out of or in connection with (a) Your use of the Website or (b) Your breach of any provision of these Terms of Use (c) or any negligent or intentional wrongdoing on Your part.

You shall not settle or compromise any such matter without our prior written consent. We shall be entitled to participate in such defense through our own counsel at your cost and expense.

 

Limitation on Liability

IN NO EVENT WILL getworkapp.com, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MOBILE APPLICATIONS, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, GETWORK AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

DISCLAIMER

We exclude all representations and warranties relating to the content on, services offered and use of this website.

Getwork disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) Apps, the website, content on the website and services offered on the website; (ii) third party products or services advertised on or received through any links or other sources provided on the website; (iii) any information, content or advice received through the site or links provided on the site.

Getwork makes no warranty or representation that any errors in the App or website will be corrected.

You agree that any services availed from the site would be at your sole discretion and you would be responsible for any damage caused to your computer resource or for any loss of your money resulting from you availing services on the website. Getwork not responsible for any consequences arising out of you availing the services on the website or App.

The App & website is provided on a as is and as available basis. Neither Getwork nor any third party service providers are liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the site. Neither Getwork nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the services offered on the website, content on the website or your personalization and/or account settings.

 

GOVERNING LAW & JURISDICTION

This Agreement along with your use of the Website is governed by and construed in accordance with the laws of India.

The courts at Bhavnagar/Ahmedabad, Gujarat shall have exclusive jurisdiction over all matters connected with these Terms of Use and Your use of the Website. All rights reserved to only Jemke (OPC) Private Limited.

 

CONTACT US

If you have any questions or concerns regarding the Terms of Use or for any technical support on the Website, please contact us at contact@getworkapp.com.