1. Legal Status and Intermediary Safe Harbor
HBELLO is an online freelance marketplace platform owned and operated by Mega Digital Solutions Private Limited (the "Company"). The Company acts strictly as an "Intermediary" under Section 2(1)(w) of the Information Technology Act, 2000. The Company does not employ freelancers, is not a party to the contracts between clients and freelancers, and disclaims all liability arising from project deliverables, delays, quality of work, or contractual breaches between users.
2. Account Registration and Termination
Users must provide accurate, verifiable details during registration. The Company reserves the absolute and unilateral right to suspend, terminate, or restrict any account at any time, with or without notice, for violating platform guidelines, security concerns, or fraudulent activities. In such cases, any pending escrow funds or earnings may be withheld indefinitely by the Company pending investigation.
3. Payments, Escrow, and Dispute Resolution
All payments for subscriptions, project purchases, and freelancer milestone disbursements are processed under Mega Digital Solutions Private Limited. By using the platform, you agree that:
- All platform fees, subscription payments, and commissions are strictly non-refundable.
- The Company acts as an escrow agent to release funds upon client confirmation. In the event of a dispute, the Company reserves the final, absolute, and binding authority to decide the allocation and release of disputed funds, and users agree not to challenge this decision in any court of law.
4. Absolute Limitation of Liability
To the maximum extent permitted by Indian law, Mega Digital Solutions Private Limited, its directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, reputation, or business interruption. Under all circumstances, the Company's total aggregate liability to any user for any claim arising out of the use of HBELLO is capped at the platform fees actually retained by the Company from that specific user in the three (3) months preceding the claim, or INR 5,000, whichever is lower.
5. Indemnification
You agree to defend, indemnify, and hold harmless Mega Digital Solutions Private Limited, its subsidiaries, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including legal fees) arising from your breach of these Terms, your transactions with other users, or your violation of any third-party rights or tax obligations under Indian law.
6. Governing Law and Court Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of them, shall be governed by and construed in accordance with the laws of India. Any legal action, suit, or proceeding arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India, to the exclusion of all other courts.
7. Contact Information
If you have any questions or queries regarding these Terms and Conditions, please contact us at hello@hbello.com or contact@hbello.com.
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