TERM OF SERVICE
TRANSBEE TERM OF SERVICE
Welcome and thank you for using transbee.com and other Transbee services offered from Transbee Services Pvt. Ltd.
Transbee Services Pvt. Ltd. provides the services to its clients (“Clients”), subjected to the following Terms of Service ("TOS"). Transbee Services Pvt. Ltd. may also offer other services / plans on this website.
transbee.com ("Transbee", "we", or "us") provides this web site (the "Site") to provide information, recommendations, live remote concierge services, web marketing and web designing services (the "Services"). The term "Remote" to indicate anything that can be handled through the Internet, phone or email.
The services are crafted to the world’s small businesses, professionals and entrepreneurs to outsource their remote concierge services to allow them to be more productive and successful.
The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the "Content") available on the Site are set forth in this Terms of Service ("TOS"). Please read this TOS carefully before the Client use the Services or the Site. By using the Services or the Site, Client agree to abide by the terms, conditions, and guidelines set forth in this TOS.
Please also note that if Transbee determines at any time that Client have abused or violated any of these terms, conditions and guidelines, Transbee reserves the right to terminate Client’s access to the Site and Services immediately without notice.
Concierge Recommendations and Information:
The concierges' comments and recommendations presented on the Site or through email or on phone, are based on research and opinions collected by the concierges, and are indicative and subject to change at any time.
User Name, Password and Security:
For certain live remote concierge, web marketing and web designing services, the Client may provide us with username and password for authorized use of Client’s accounts with other third-party sites or services on Client’s behalf.
Transbee and/or its Project Managers will only use the provided credentials to access particular areas, accounts, profiles and tools of third-party sites or services on Client’s behalf to execute the services requested by the Client.
Client would be advised to only share temporary password to access such third-party sites or services. Once the requested service is completed by Transbee and/or its Project Managers, the Client would be encouraged to change the password.
Transbee and/or its Project Managers will only store the username and password to provide convience and speedy completion of repetitive service requests.
Transbee will not share your password, let anyone access your account, or do anything that might put your account at risk. The sole responsibility for maintaining the confidentiality and security of Client’s user name and password and for any and all activities that occur under account lies with the Client.
Client agrees to immediately notify Transbee of any unauthorized use of Client’s user name and password or any other breach of security related to the credentials shared with Tranbee and/or its Project Managers. Transbee will not be liable for any loss or damage arising from Client’s failure to adequately safeguard Client’s username and/or password or to otherwise comply with this section.
Proprietary Rights and Intellectual Property:
Transbee respects the proprietary rights and intellectual property of our Clients, their partners and other third parties.
For certain live remote concierge, web marketing and web designing services, Transbee and/or its Project Managers may get access to Client's Proprietary Rights and Intellectual Property to deliver the requested service.
Subject to terms of this understanding, Transbee will not document or record or reproduce or share copies or instances of Client’s Proprietary Rights and/or Intellectual Property with others without your express consent, except as necessary for certain concierge services, to provide the service Client has requested for.
The Client also agrees not to use Transbee Services to violate the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or use Transbee Services to download, copy or use such subjects that violates additional terms and conditions, stated or unstated by other third parties.
In addition, Client may place a request for a Non Disclosure Agreement (NDA), with Transbee for additional negotiation and define information that the client wish to protect from dissemination and outlines restrictions of use.
The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a service agreement with Transbee or one of its distributors. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of eighteen (18). If Client does not qualify, Client may neither use the Services nor the Site.
In order to ensure that Transbee is able to provide high quality services that response to customer needs, the project managers at Transbee may need to access Client’s user accounts on a regular basis and pertinent records on a case to case basis to facilitate the requested service or comprehend task specific information. Transbee shall not disclose the existence or knowledge of such user account credentials.
Links to Third-Party Sites:
Some of the links on the site may allow Client to leave transbee.com site. Third-party sites to which the site may link ("third-party linked sites") are not in any way under Transbee control, and Transbee does not assume any responsibility or liability for any information, content, communications, services, goods or other materials available on such third-party linked sites or for any changes or updates to such sites. Transbee does not intend links contained on the site to be referrals to, or endorsements of, any third-party linked site or the entities that operate them, and such links are provided for convenience only.
Transbee will reasonably endeavor to provide services to the best capacity of skills, knowledge and experience of Transbee and/or its employees, affiliates and providers.
Transbee makes no representation or warranty for any service at capacity will be available at all times. Through the use of the Site and Services, Client agree and acknowledge that the Services will, at times, be unavailable due to scheduled or unexpected crunch in resource or due to other electronic/technological/infrastructural failures or maintenance.
Transbee makes no warranty, express or implied, regarding the availability of the services and shall never be liable for any claimed actual or consequential damages arising from any lack or alleged lack of availability of the Service.
Performance of Service:
Transbee aims to deliver high quality of service and in service experience to its Clients. In case of any rare instances in which Client expresses low performance of requested service or quality of work completed, Client agrees to notify Transbee by email to email@example.com along with all necessary information.
Transbee will reasonably endeavor to provide rework or waive/discount service fees or take necessary preventive actions to honor Client’s expected service level, with the sole intention to gain Client’s goodwill.
However, paying for and/or using any of the Services that Transbee provides is at the sole risk of the Client and Transbee does not provide any performance guarantee and/or refund whatsoever to anyone for the use of its services.
In addition, prior to use of the Services, Client may enter a Service Level Agreement (SLA) with Transbee for additional description of the level of service expected by the Client, laying out the metrics by which that service will be measured, and the remedies or penalties, if any. Transbee retains full rights and authority to enter into, execute, and perform its obligations under such Service Level Agreements (SLA) with the Client.
The site including, all third party linked sites and all services, content and materials provided in the site, are provided to Client on an "as is, with all faults" basis, and Client’s use of such sites, services, content and materials is at Client’s own risk. Transbee disclaims all warranties whether express or implied including without limitation to the warranty of merchantability, fitness for particular purpose, title, infringement, and quiet enjoyment.
Limitation of Liability:
In no event will Transbee and/or, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, special, consequential, reliance, compensatory, or punitive damages or damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the site. The services available on the site, any websites linked to the site, the materials or information contained at the site or the foregoing limitations of liability constitute a fundamental basis of this TOS and Transbee would not have permitted Client to use the site or the services absent such limitations.
As a user of the Services or the Site, Client agrees to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. Client also agrees not to use the Services or the Site to:
Transbee, in its sole discretion may terminate the Services and access to this Site at any time without prior notice to Client. In the event of termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections set forth in this TOS shall still survive. Users who violate this TOS may additionally incur criminal and/or civil liability. Transbee may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
Transbee Proprietary Rights:
Client acknowledges and agrees that the Service and any software used in connection with the Service contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. Client agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Client agree not to access the Service by any means other than through the web interface or via email or telephone access numbers that may be provided by Transbee for use in accessing the Service.
Client can review the Copyright Policy of Transbee, which is incorporated by reference into this TOS, at [http://www.transbee.com/copyright.html]
Client agree to indemnify, defend at Client’s expense and hold harmless Transbee, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents (if any), from all and any third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) Client’s use of the Services and/or the Site, (ii) any content Client post, e-mail, transmit or relay either to Transbee or by use of the Services or the Site, (iii) Client’s violation of the TOS, or (iv) Client’s alleged infringement of any intellectual property or other right of any person or entity.
All notices to a party shall be in writing and shall be made either via e-mail or mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the mail post to Client at the address provided by Client upon registration and to Transbee at the address set forth below:
Transbee.com, Transbee Services Pvt. Ltd., #409, 3rd Floor, 2nd B Main Road, Kasturinagar, Bangalore - 560043, INDIA
Attn.: Chief Executive Officer
Changes to Site and Services:
Transbee reserves its right to change, suspend or discontinue any aspect of the Services in part or in whole at any time, including the availability of any of the Site features, delivery services, databases or its content thereof. Transbee may also impose limits on features or restrict access to all or certain parts of the Site.
Client agrees and submits for the jurisdictional statutes and laws of India, without regard to the conflicts of law principles, will govern all matters relating to this TOS or to Client’s use of the Site. Transbee makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal or prohibited. Those who choose to access the Site shall be doing so on their own initiative and shall be solely responsible for compliance with their local laws.
This Agreement is in person to person basis and is non-transferable, and Client may not assign Client’s rights or obligations to any third party on Client’s behalf.
If any provision(s) of the TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of the TOS by Transbee shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if unambiguously made in writing and signed by Transbee.