This Terms of Use agreement was last updated: June 03rd 2024.
This Terms of Use agreement is effective as of: June 03rd, 2024.
Long Shot Innovations Private Limited (“LS”), primarily operates, controls and manages the Services (as defined below) provided by it from its corporate office at B5, Aditya Apartment, DR. S. Radhakrishnan road opp. Sona udyog, Andheri (E) Mumbai, 400069, Maharashtra, India. PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between LS operating from its Mumbai Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Website (www.longshot.in)/Mobile Application/ Web Application/Google registration form/Telegram/WhatsApp/Instagram/Facebook/LinkedIn/E-mail/Mobile calls or any other communication mode (collectively referred to herein as the “LS Platform”), including the classified advertisements, forums, various email functions and Internet links, and all content and LS services available through the domain and sub-domains of LS located at www.longshot.in and (ii) the online transactions between those users of the LS Platform who are obtaining services/accepting assignments through LS Platform (each, a “Service Provider”) and those users of the LS Platform who are offering Services Job/Work/Assignments or posting assignment in LS platform (each, a “Service Recipients”) through the LS Platform (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the LS Platform, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the LS Platform. The LS Platform is owned and operated by Long Shot Innovations Private Limited.
You acknowledge that the LS Platform serves as a venue for the online distribution and publication of user submitted information between Service Recipients and Service Providers and by using, visiting, registering for, and/or otherwise participating in this LS Platform, including the Services presented, promoted, and displayed on the LS Platform, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Service Provider or a prospective Service Provider, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the LS Platform, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the LS Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this LS Platform immediately. YOU SPECIFICALLY AGREE THAT BY USING THE LS PLATFORM, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the LS Platform in any manner. If you use the LS Platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
LS reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and LS will post the amended Terms of Use at the domain of www.longshot.in. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the LS Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the LS Platform.
LS has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this LS Platform is governed by the Privacy Policy. The Privacy Policy is located at: Privacy Policy
LS hereby grants you a non-exclusive, revocable license to use the LS Platform as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the LS Platform in any medium without LS’s prior written consent; (ii) you will not alter or modify any part of the LS Platform other than as may be reasonably necessary to use the LS Platform for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. Use of the LS Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the LS Platform and Services offered through this LS Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with LS to simply visit and view the LS Platform, but to access and participate in certain features of the LS Platform, you will need to create a password-protected account (“Account”). You will also have to provide additional information, which is required to register for an account but also be helpful to LS in providing you with a more customized experience when using the LS Platform. You are solely responsible for safeguarding your LS password at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify LS immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without LS’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the LS Platform and/or the Services offered through the LS Platform. You hereby expressly acknowledge and agree that you yourself and not LS will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of LS or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
Your access to, use of, and participation in the LS Platform is subject to the Terms of Use and all applicable LS regulations, guidelines and additional policies that LS may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that LS publishes on the LS Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, LS, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the LS Platform, including your profile (“Profile”), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the LS Platform, the Service, the Service Recipients, or the Service Provider (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
You will not send messages to other users containing:
Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. LS will not knowingly accept any Posting which is in violation of the law. LS has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
While using the LS Platform, you shall not:
As a participant in the LS Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
If you violate any of the above-referenced rules in connection with leaving Feedback, LS, in its sole discretion, may take any of the following actions:
You may contact LS regarding any inappropriate use of Feedback via-email at support@longshot.in.
In the event of any dispute between users of the LS Platform concerning Feedback, LS shall be the final arbiter of such dispute. Further, INTHE EVENT OF ANY DISPUTE BETWEEN USERS OF THE LS PLATFORM CONCERNING FEEDBACK, LS HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. LS reserves the right to (a) terminate your access to your Account, your ability to post to this LS Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that LS determines is inappropriate or disruptive to this LS Platform or to any other user of this LS Platform and/or Services. LS reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that LS deems appropriate in LS’s sole discretion. LS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at LS’s discretion, LS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this LS Platform or on the Internet.LS does not and cannot review every Posting posted to the LS Platform. These prohibitions do not require LS to monitor, police or remove any Postings or other information submitted by you or any other user.
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Recipients shall not:
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Recipients shall not:
In case we realize that any Service Recipients is involved in any of the above activities, LS holds the sole discretion to blacklist the Service Recipients and withhold any outstanding credits or payments to the Service Recipients.
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Recipients shall not:
It is further clarified that your registration on the LS Platform shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form. Any Service used by the Service Recipient from LS shall only be used for the sole purpose of rendering services booked through LS Platform.
If a Service Recipient violates any of the above-referenced rules in connection with his or her Posting, LS, in its sole discretion, may take any of the following actions:
Service Providers SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
If a Service Provider violates any of the above-referenced rules in connection with his or her Posting, LS, in its sole discretion, may take any of the following actions:
The LS Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, LS does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the LS Platform is provided on a non-proprietary and non confidential basis. You agree that LS shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a service provider who ordinarily is bound to maintain confidentiality under law with his/her client is not extended to LS.
LS may also disclose user information including personal information if LS reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate LS’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the LS Platform.
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to LS for posting on the LS Platform, you hereby grant, and you represent and warrant that you have the right to grant, to LS a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the LS Platform and LS’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the LS Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the LS Platform a non-exclusive license to access your Submitted Content through the LS Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the LS Platform and under these Terms of Use.
The foregoing license granted by you terminates once you remove or delete the Submitted Content from the LS Platform. You acknowledge and understand that the technical processing and transmission of the LS Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the LS Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
LS does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and LS expressly disclaims any and all liability in connection with all Submitted Content. LS does not permit copyright infringing activities and infringement of intellectual property rights on the LS Platform, and LS will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. LS reserves the right to remove any Data or Submitted Content without prior notice. LS will also terminate a user’s access to the LS Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a LS Platform user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the LS Platform more than twice.
LS also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. LS may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the LS Platform, you will be exposed to Submitted Content from a variety of sources, and that LS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LS with respect thereto, and agree to indemnify and hold LS, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licencer, harmless to the fullest extent allowed by law regarding all matters related to your use of the LS Platform.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the LS Platform, or transmit to other LS Platform users. You understand and agree that LS may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of LS Platform users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to LS, whether by letter, email, telephone, or otherwise (collectively, "Suggestions”), suggesting or recommending changes to the LS Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and LS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
You understand and agree that LS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
LS has high regard for intellectual property and expects the same level of standard to be employed by its users. LS may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the LS Platform of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the LS Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@longshot.in
A statement by you comprised of the foregoing points is referred to herein as the “Notice.” Only the intellectual property rights owner is permitted to report potentially infringing items through LS’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.
LS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LS Platform (or any part thereof) with or without notice and in its sole discretion. You agree that LS shall not be liable to you or to any third party for any modification, suspension or discontinuance of LS services.
You hereby acknowledge and agree that LS, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the LS Platform or otherwise terminate your access to or participation in the use of the LS Platform (or any part thereof), or remove and discard any Submitted Content on the LS Platform (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if LS believes or has reason to believe that you have violated any provision of the Terms of Use. You may cancel your use of the LS Platform and/or terminate the Terms of Use with or without cause at any time.
Upon termination of your Account, your right to participate in the LS Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation here under is conditional upon your proper use of the LS Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the LS Platform. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the LS system.
Unless LS has previously cancelled or terminated your use of the LS Platform (in which case subsequent notice by LS shall not be required), if you provided a valid email address during registration, LS will notify you via email of any such termination or cancellation, which shall be effective immediately upon LS’s delivery of such notice. Upon Termination of Service, the following shall occur:
You further acknowledge and agree that LS shall not be liable to you or any third party for any termination of your access to the LS Platform. Upon Termination of Service, LS retains the right to use any data collected from your use of the LS Platform for internal analysis and archival purposes, and all related licenses you have granted LS here under shall remain in effect for the foregoing purpose. In no event is LS obligated to return any Submitted Content to you.
You agree to indemnify and hold LS, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Recipients, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
The content on the LS Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by LS. Other trademarks, names and logos on this LS Platform are the property of their respective owners. Data on the LS Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LS reserves all rights not ’expressly granted in and to the LS Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the LS Platform for any commercial purposes.
If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the LS Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the LS Platform or the Data therein.
The LS Platform contains LS’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and LS owns and retains all rights in the LS Data and Marks. Subject to these Terms of Use, LS hereby grants you a limited, revocable, non transferable, non sub licensable license to reproduce and display the LS Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the LS Platform. The LS Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Opening an Account, posting Services and viewing posted Services is free.
LS reserves the right at its sole discretion to charge fees to Service Recipients for other services that LS may provide in the future. LS reserves the right to charge fees for these services at its sole discretion.
However, LS reserves the right to charge a fee to Service Providers or Service Receivers or both in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. If applicable, you agree to pay all fees or charges to your Account based on LS’s fees, charges, and billing terms then in effect. If you do not pay on time or if LS cannot charge your credit card, any payment gateway or other payment method for any reason, LS reserves the right to either suspend or terminate your access to the LS Platform and Account and terminate these Terms of Use.
You are expressly agreeing that LS is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this LS Platform and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that LS may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. LS reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service Provider and a Service Recipient who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that LS shall not be responsible or liable in any manner in relation to tax liability of a Service Provider or a Service Recipient.In certain cases, LS may directly hire professionals and execute assignments. In such cases, LS acts as the service provider rather than an intermediary.
All commissions payable to LS by Service Recipients on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
LS makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the LS Platforms, including, without limitation, the Negotiation Worksheet. In no way will LS be responsible for any actions taken or not taken based on the information or resources provided on this LS Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this LS Platform, however provided.
Each Registered User hereby acknowledges and agrees that LS is NOT a party to any oral or written Agreement for Service, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the LS Platform. Each Registered User acknowledges, agrees and understands that LS only seeks to provide a platform wherein the Service Provider and Service Recipient can be brought together and LS itself has not role in the execution or provision of Services.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the LS Platform, including without limitation, or Agreement for Service. You do not have any authority whatsoever to bind LS in any respect. All Service Recipients are independent contractors. Neither LS nor any users of the LS Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Subject to the provisions regarding disputes between LS Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the LS Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Recipients and Service Providers. You understand that deciding whether to use the Services of a Service Recipient or provide Services to a Service Provider or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that LS does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the LS Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
While LS may attempt to seek information about the background of a Service Recipient, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised LS Platform, LinkedIn, Twitter etc., you understand that Service Recipients may register themselves suo motto. You also understand that any so called background check undertaken by LS is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service Provider should take an informed decision on his/her own accord and keep in mind the fact that LS only seeks to provide a platform wherein Service Providers and Service Recipients have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE LS only seeks to provide a platform wherein the Service Provider and Service Recipient can be brought together and LS itself has not role in the execution or provision of Services ITSELF, LS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE LS PLATFORM, OR BETWEEN REGISTERED USERS OR ANY LS PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT LS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE LS PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE LS, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE LS PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
If a dispute arises between you and LS, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LS hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the LS Platform as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@longshot.in. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Mumbai, India.
Aspects of the LS Platform and other LS services may be supported by advertising revenue. As such, LS may display advertisements and promotions on the service. The manner, mode and extent of advertising by LS on the LS Platform are subject to change and the appearance of advertisements on the LS Platform does not necessarily imply endorsement by LS of any advertised products or services. You agree that LS shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the LS Platform.
The LS Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other LS Platforms or resources, including, without limitation, social networking, blogging and similar LS Platforms through which you are able to log into the LS Platform using your existing account and log-in credentials for such third-party LS Platforms. Certain areas of the LS Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the LS Platform to be shared with your contacts in your third-party site account.
Because LS has no control over such sites and resources, you acknowledge and agree that LS is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such LS Platforms or resources. Unless expressly stated on the LS Platform, links to third-party sites should in no way be considered as or interpreted to be LS’s endorsement of such third-party sites or any product or service offered through them.
You further acknowledge and agree that LS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such LS Platform or resource. The Third-party LS Platform may have different privacy policies and terms and conditions and business practices than LS. In certain situations, you may be transferred to a Third-party LS Platform through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this LS Platform or transacting with LS. In these situations, you acknowledge and agree that the Third-party LS Platform terms and conditions and privacy policy apply in this situation.
Your dealings and communications through the LS Platform with any party other than LS are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
YOU AGREE THAT YOUR USE OF THE LS PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND LS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, Service Recipients, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS LS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS LS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS LS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS LS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS LS PLATFORM IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
LS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE LS PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LS PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LS PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR Service Provider OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE LS PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LS PLATFORM.
LS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE LS PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. LS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY Service Recipients OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL LS, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, Service Recipients, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE LS PLATFORM OR ANY SERVICES OFFERED BY ANY Service Recipients VIA THE LS PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE LS PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE LS PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE LS PLATFORM OR SUBMITTED CONTENT; (Ill) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LS PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LS PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE LS PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE LS PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR Service Provider OR Service Recipient; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE LS PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE LS PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF LS, OR ANY OF THE ABOVE- REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE LS PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO LS BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT LS SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR Service Provider OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT LS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN LS PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE LS PLATFORM.
THE LS PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY LS PLATFORMS THAT ARE NOT OWNED OR CONTROLLED BY LS. LS DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY LS PLATFORMS. IN ADDITION, LS WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE LS PLATFORM, YOU EXPRESSLY RELIEVE LS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY LS PLATFORM. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY LS PLATFORM THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE LS PLATFORM.
Neither LS nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LS, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, Service Recipients, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE LS PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE LS PLATFORM.
IF YOU HAVE A DISPUTE WITH ONE OR MORE LS PLATFORM USERS, YOU FOREVER RELEASE LS (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, Service Recipients, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE LS PLATFORM AND/OR ANY SUBMITTED CONTENT.
THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY LS WITHOUT RESTRICTION.
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
You agree that LS may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the LS Platform.
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by LS on the LS Platform, shall constitute the entire agreement between you and LS concerning the LS Platform.
If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LS’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or related to the LS Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
The information provided by LS is as provided by service provider and service recipient and is for your reference for validate by using your discretion. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of their information on LS. Under no circumstances shall LS have any liability to you for any loss or damage of any kind incurred as a result of any services used by you via LS. Your consent to use services of these labour booked from LS and your reliance on any information is solely at your own risk. We have not investigated, or checked for accuracy, adequacy, validity, reliability, availability or completeness of any information provided by service recipient and service provider in LS. We do not monitor or supervise these service providers and service recipients. Service Recipients and service providers are free to accept or reject rates and services for which you are not bound by any terms of LS in any way. LS is a platform created to help to connect service provider and service recipient with each other and deal using your discretionary power.
Terms and Conditions for Service Providers (Candidates)
1. Profile Display and Sharing: LS may display your profile, including your Name, Mobile number, Qualification, Email ID, Gender, Address, etc., as provided during registration. This information may be accessible to any user of the LS Platform and shared with potential service recipients (clients) for the purpose of communicating with you regarding professional assignments.
2. Communication: By using the LS Platform, you consent to receiving calls, WhatsApp messages, text messages, or other communications from service recipients regarding assignments.
3. Modifications of Assignment Details: LS reserves the right to modify assignment details such as fees, location, dates, and working hours as necessary. Any changes made will be communicated to you through the LS Platform or other communication modes like WhatsApp or calls. You are responsible for complying with these modified terms.
4. Responsibility for Your Actions: As a service provider, you are solely responsible for your own actions, behavior, and the quality of your work during any assignment. LS shall not be held liable for any damages, losses, disciplinary actions, or disputes arising from your conduct. This includes, but is not limited to, any theft, misconduct, or breach of assignment terms while on-site at a client location or elsewhere.
5. Non-Approach Policy: You agree not to approach, solicit, or discuss assignments or payments directly with service recipients (clients) without LS's approval. All payments and assignment coordination must be routed through the LS Platform. You are prohibited from engaging in assignments or making arrangements with any client directly for a period of 3 years from the date of your last assignment through the LS Platform.
6. Payment Process: All payments for services rendered must go through LS. You are prohibited from accepting direct payments from service recipients. Any violation of this policy may result in legal action and/or monetary penalties from LS.
7. LS's Limited Role and Liability:
- In most cases, LS acts as an intermediary between service providers (candidates) and service recipients (clients). LS is not responsible for any non-performance, inefficiency, or non-completion of assignments that may occur due to the actions of the service provider or unforeseen circumstances.
- LS will not be liable for any breaches or violations of the terms of the assignment between the service provider and service recipient, especially if such violations occur as a result of the service provider's actions or direct contact with the client without LS's involvement.
- LS's role in these cases is limited to connecting service providers with service recipients and coordinating assignments. LS does not assume responsibility for the execution, quality, or outcome of the assignments conducted by the service provider.
Exception for Direct Assignments:
However, in cases where LS directly manages and executes assignments for its own clients (referred to as "Direct Assignments"), where LS has been engaged by a company to conduct or manage assignments without acting as an intermediary, LS takes full responsibility for the quality and execution of the services. In such cases, LS ensures proper oversight and quality control in accordance with the agreed terms of the service contract. This exception applies only to direct assignments where LS is the primary executor of the services and not in an intermediary capacity.
- In direct assignments, LS will be responsible for maintaining the quality and accuracy of the services provided and will be accountable for any failures, non-performance, or inefficiencies in the execution of such assignments. LS will ensure that the services meet the standards and timelines agreed upon with the client.
- This exception applies only to cases where LS is the primary executor of the assignment for the client, and not when LS is merely facilitating or connecting service providers with third-party clients.
8. Legal Action: In the event of any violation of these terms, LS reserves the right to take legal action or impose financial penalties. This includes cases where:
- You attempt to directly approach service recipients for assignments.
- You discuss or negotiate payments outside the LS Platform.
- You engage in any unprofessional or illegal conduct during an assignment.
9. Refund Policy: Any fees paid by service recipients through the LS Platform for your services are non-refundable, except under specific circumstances determined solely by LS. You are responsible for fulfilling your assignment obligations as agreed upon.
10. Indemnity: You agree to indemnify and hold LS, its officers, managers, employees, and agents harmless from any claims or demands, including reasonable attorney’s fees, arising out of your actions, failure to perform, or breaches of these terms during the course of an assignment.
11. Non-Liability for Excess Payments: LS is not responsible for any overpayments made to you by the service recipient, whether intentional, unintentional, or due to error. You are expected to promptly return any such excess amounts to LS or the service recipient if directed by LS.