TERMS & CONDITIONS
Gigstaan — A Product of Snehmit Business LLP Last Updated: April, 2026
These Terms and Conditions govern your access to and use of the Gigstaan platform, including the mobile application and website. By using the Platform, you agree to be bound by these Terms. Please read them carefully.
Introduction & Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Snehmit Business LLP (“Company,” “we,” “us,” or “our”), governing your access to and use of the Gigstaan platform (“Platform”), including the mobile application and website.
By creating an account, accessing, browsing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you must immediately discontinue use of the Platform.
These Terms apply to all users of the Platform, including service providers (individuals, freelancers, and organisations) and service consumers.
Gigstaan reserves the right to modify these Terms at any time in accordance with Section 17. Your continued use of the Platform following any modifications constitutes your acceptance of the revised Terms.
Definitions
For the purposes of these Terms:
- “Platform” means the Gigstaan mobile application and website, collectively, operated by Snehmit Business LLP.
- “Service Provider” (also referred to as “Gigster” on the Platform) means any individual, freelancer, or registered organisation that lists, offers, or delivers services through the Platform.
- “Service Consumer” (also referred to as “Gangster” on the Platform) means any individual who searches for, books, or avails services through the Platform.
- “Gig” means any service engagement, task, or project booked through the Platform between a Service Provider and a Service Consumer.
- “Listing” means a service offering posted by a Service Provider on the Platform, including its description, pricing, availability, and terms.
- “Bid” means a proposal submitted by a Service Provider in response to a service request from a Service Consumer, including proposed pricing and scope.
- “Escrow Service” means the payment protection mechanism wherein payment from a Service Consumer is held securely by Gigstaan until the Gig is satisfactorily completed or a milestone is achieved.
- “Invoice” means the billing document generated through the Platform — automatically upon Bid acceptance for one-time Gigs, or manually by the Service Provider upon milestone completion for milestone-based Gigs.
- “Milestone” means a defined stage or deliverable within a Gig, agreed upon by both parties, against which partial payment may be invoiced and released.
- “Clan” means a group of Service Providers who may collectively accept and deliver Gigs as a team through the Platform.
- “Content” means any text, images, photographs, reviews, ratings, messages, listings, or other material uploaded, posted, or transmitted through the Platform by any User.
Eligibility
- You must be at least 18 years of age to create an account and use the Platform. By registering, you represent and warrant that you are 18 years or older and have the legal capacity to enter into a binding agreement.
- If you are registering on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and that the organisation is legally registered and in good standing under applicable Indian law.
- Gigstaan reserves the right to verify your age, identity, and eligibility at any time. If we determine that you do not meet the eligibility requirements, your account may be suspended or terminated without notice.
- You may not create or use an account on behalf of another individual without their explicit authorisation.
Account Registration & Verification
Account Creation
- To use the Platform, you must create an account by providing accurate and complete information.
- You may register using your mobile number (verified via OTP), email address, or Google sign-in.
- You are responsible for maintaining the accuracy of your account information and must update it promptly if any details change.
Account Credentials
- You are solely responsible for safeguarding your login credentials, OTPs, and any other authentication information associated with your account.
- You must not share your account access with any third party.
- You agree to notify Gigstaan immediately if you suspect any unauthorised access to or use of your account.
- Gigstaan shall not be liable for any loss, damage, or unauthorised activity resulting from your failure to secure your account credentials.
Verification — Service Providers
- Service Providers are required to complete identity verification through Aadhaar-based authentication before they can offer services on the Platform.
- Service Providers must provide valid bank account details (account number, IFSC code, account holder name) to activate the Escrow Service and receive payouts.
- Organisations registering as Service Providers must undergo business verification, which may include submission of business registration documents, GST certificate, authorised signatory details, and any other documents as required by Gigstaan.
Verification Accuracy
- You represent and warrant that all information and documents submitted during registration and verification are true, accurate, current, and complete.
- Submitting false, misleading, or fraudulent information is a violation of these Terms and may result in immediate account suspension or termination, forfeiture of pending payouts, and potential legal action.
One Account Per User
- Each individual or organisation may maintain only one active account on the Platform.
- Creating duplicate or multiple accounts may result in suspension or permanent termination of all associated accounts.
Platform Role & Disclaimer
Gigstaan Is a Marketplace
- Gigstaan operates solely as a technology-enabled marketplace that connects Service Consumers with Service Providers. Gigstaan is not a party to any service agreement, contract, or engagement between a Service Consumer and a Service Provider.
- Gigstaan does not itself provide, perform, control, or guarantee any services listed on the Platform.
No Employment or Agency Relationship
- Service Providers are independent service providers and are not employees, agents, contractors, or representatives of Gigstaan.
- Nothing in these Terms shall be construed as creating an employment, partnership, joint venture, or agency relationship between Gigstaan and any User.
- Service Providers are solely responsible for the manner, method, and quality of service delivery, as well as compliance with all applicable laws, regulations, licences, and permits related to the services they offer.
No Guarantee of Service Quality
- Gigstaan does not endorse, certify, or guarantee the quality, safety, legality, or suitability of any services listed on the Platform, nor the reliability, qualifications, or conduct of any Service Provider or Service Consumer.
- While Gigstaan facilitates identity verification and enables user reviews and ratings, these features are provided for informational purposes only and do not constitute a warranty or guarantee of any kind.
No Guarantee of Availability
- Gigstaan does not guarantee the availability of any specific service, Service Provider, or Service Consumer at any given time or location.
- Gigstaan does not guarantee that the Platform will be available without interruption, delay, or error at all times.
User Responsibility
- All Users acknowledge and agree that they engage with other Users at their own risk.
- Service Consumers are responsible for evaluating Service Providers (through profiles, ratings, reviews, and verification badges) before booking a Gig.
- Service Providers are responsible for accurately representing their skills, qualifications, availability, and pricing.
- Any disputes, claims, or damages arising from a Gig are between the Service Consumer and the Service Provider. Gigstaan may, at its sole discretion, assist in dispute resolution as outlined in Section 15, but is under no obligation to do so.
Services & Listings (Service Providers)
Creating Listings
- Service Providers may create Listings on the Platform describing the services they offer, including service category, description, pricing, availability, service area, and any relevant portfolio or credentials.
- All Listings must be accurate, truthful, and not misleading. Service Providers must not misrepresent their skills, qualifications, experience, or the nature of the services offered.
Bidding on Service Requests
- Service Providers may submit Bids in response to service requests posted by Service Consumers.
- A Bid constitutes a binding offer to perform the described service at the proposed price, subject to acceptance by the Service Consumer.
- Service Providers must honour accepted Bids. Repeatedly failing to honour accepted Bids may result in penalties, reduced visibility, or account suspension.
Clans
- Service Providers may form or join a Clan — a group of Service Providers who collectively accept and deliver Gigs as a team.
- Clans may accept Gigs, submit Bids, and deliver services collectively through the Platform. The terms of internal arrangement between Clan members (including payment splits and responsibilities) are solely between the members and are not governed by Gigstaan.
- One designated member of the Clan shall act as the Clan representative for communication and payment purposes on the Platform.
- All members of a Clan must individually satisfy the Platform’s eligibility, verification, and conduct requirements.
Service Provider Obligations
- Service Providers shall deliver services with reasonable skill, care, and diligence, and in accordance with the terms agreed upon with the Service Consumer.
- Service Providers are solely responsible for obtaining and maintaining any licences, permits, registrations, or certifications required by applicable law to perform the services they offer.
- Service Providers must comply with all applicable laws, including but not limited to labour laws, tax laws (GST, Income Tax), and professional regulations.
- Service Providers shall not subcontract, delegate, or outsource any accepted Gig to a third party without the explicit consent of the Service Consumer, unless the Gig was accepted by a Clan.
Content Standards
- All content uploaded by Service Providers (including images, descriptions, and portfolio items) must be original or properly licensed, and must not infringe upon any third party’s intellectual property rights.
- Gigstaan reserves the right to remove or modify any Listing or content that violates these Terms, applicable law, or our community guidelines, without prior notice.
Booking & Engagement (Service Consumers)
Searching & Booking
- Service Consumers may search for services on the Platform using location, category, keywords, ratings, price, and other filters.
- Service Consumers may book a Service Provider directly from a Listing, or post a service request and review Bids submitted by Service Providers.
- Accepting a Bid or confirming a booking constitutes a binding commitment to engage the Service Provider for the agreed Gig, subject to the Cancellation & Refund Policy.
Service Consumer Obligations
- Service Consumers must provide accurate and complete information when posting service requests or booking a Gig, including the nature of the service required, location, preferred schedule, and any special requirements.
- Service Consumers must provide a safe and reasonable environment for Service Providers to perform the Gig, where applicable (e.g., home services).
- Service Consumers must treat Service Providers with respect and dignity. Harassment, abuse, discrimination, or threatening behaviour toward any Service Provider is strictly prohibited and may result in account termination.
Acceptance of Services
- Upon completion of a Gig, the Service Consumer shall review the work and either confirm completion or raise a dispute within the timeframe specified on the Platform.
- If the Service Consumer does not respond within the specified timeframe, the Gig shall be deemed completed and the payment will be released to the Service Provider from the Escrow.
Ratings & Reviews
- Service Consumers are encouraged to leave honest and fair ratings and reviews after each Gig.
- Reviews must be based on genuine experience and must not contain false, defamatory, abusive, or misleading content.
- Gigstaan reserves the right to remove reviews that violate these Terms or our community guidelines.
- Service Providers also have the right to rate and review Service Consumers on the Platform.
7A. Women Safety & Anti-Harassment Policy
7A.1 Zero Tolerance Policy
- Gigstaan maintains a zero tolerance policy toward sexual harassment, gender-based discrimination, intimidation, stalking, and any form of misconduct directed at women or any individual on the basis of gender, on or in connection with the Platform.
- This policy applies equally to all users of the Platform — Service Providers, Service Consumers, and Clan members — regardless of the nature or category of the Gig.
7A.2 Prohibited Conduct
The following conduct is strictly prohibited on the Platform and in any interaction facilitated through or originating from the Platform:
- Sexual harassment in any form, including but not limited to unwelcome sexual advances, requests for sexual favours, sexually suggestive comments, gestures, or behaviour
- Sharing, transmitting, or displaying obscene, sexually explicit, or inappropriate content through the Platform’s chat, calls, or any other communication channel
- Stalking, following, or monitoring any user during or after a Gig, whether in person or online
- Making threats, intimidating remarks, or engaging in coercive behaviour of a sexual or gendered nature
- Any form of physical misconduct, inappropriate touching, or assault during the course of a Gig
- Taking photographs, recordings, or videos of any user without their explicit consent
- Misusing personal information (such as phone number, address, or location) obtained through the Platform for harassment or unsolicited contact outside the scope of the Gig
7A.3 Compliance with Indian Law
All users must comply with applicable Indian laws relating to women’s safety, including but not limited to:
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (to the extent applicable)
- The Indian Penal Code / Bharatiya Nyaya Sanhita provisions relating to outraging the modesty of women, stalking, voyeurism, and sexual harassment
- The Information Technology Act, 2000 provisions relating to publishing or transmitting obscene or sexually explicit material in electronic form
7A.4 Reporting Mechanism
Any user who experiences or witnesses harassment or misconduct may report the incident immediately through:
- The in-app reporting feature
- Email to our dedicated safety team at [safety email address]
- The Grievance Officer (details in Section 20)
- All reports will be treated with the utmost confidentiality. The identity of the complainant will not be disclosed to the accused without the complainant’s consent, except as required by law.
- Gigstaan will acknowledge all safety-related complaints within 24 hours and initiate an investigation promptly.
7A.5 Consequences
- Any user found to have violated this policy will face immediate and permanent suspension of their account, without prior warning.
- Pending payouts or escrow funds of a suspended user may be withheld pending the outcome of the investigation.
- Gigstaan reserves the right to report the incident to law enforcement authorities and cooperate fully with any resulting investigation or legal proceedings.
- Gigstaan may, at its sole discretion, share relevant information with law enforcement agencies to assist in the prosecution of offenders.
- Reinstatement of a permanently banned account under this section shall not be permitted under any circumstances.
7A.6 Gigstaan’s Commitment
- While Gigstaan operates as a marketplace and is not a party to the Gig itself, we are committed to fostering a safe and respectful environment for all users.
- We will continuously review and enhance our safety features, reporting mechanisms, and enforcement processes.
- Gigstaan encourages all users to exercise caution, trust their instincts, and report any behaviour that makes them feel unsafe.
Payments, Escrow & Invoicing
Payment Methods
- The Platform supports payments via UPI, credit cards, debit cards, and other payment methods as made available from time to time.
- All online payments are processed through PCI-DSS compliant third-party payment gateway partners (such as Razorpay, Cashfree, or similar). Gigstaan does not store full credit or debit card details on its servers.
- Cash payments or offline payments may be permitted for certain Gigs, as indicated on the Platform.
Escrow Service
- For Gigs transacted through the Platform’s online payment methods, payments made by Service Consumers are held in escrow by Gigstaan until the Gig is satisfactorily completed.
- For one-time Gigs, the full payment is held in escrow and released to the Service Provider upon confirmation of completion by the Service Consumer, or upon expiry of the review period without dispute.
- For milestone-based Gigs, payment corresponding to each Milestone is held in escrow and released upon confirmation of that Milestone’s completion.
- The Escrow Service is designed to protect both parties. Service Consumers are assured that payment is released only upon satisfactory completion, and Service Providers are assured that funds are secured before work begins.
- Escrow funds are managed through regulated payment infrastructure in compliance with Reserve Bank of India (“RBI”) guidelines.
Invoicing
- For one-time Gigs, an invoice is automatically generated by the Platform upon acceptance of a Bid by the Service Consumer.
- For milestone-based Gigs, the Service Provider may generate and send an invoice to the Service Consumer through the Platform upon completion of each Milestone.
- Invoices generated through the Platform will include service descriptions, amounts, milestone breakdowns (where applicable), applicable taxes, and payment status.
- Both Service Providers and Service Consumers may access their complete invoice history through their account dashboard.
Payout to Service Providers
- Upon confirmation of Gig completion (or Milestone completion), the payment held in escrow will be released to the Service Provider’s verified bank account, less any applicable Platform fees and commissions as described in Section 9.
- Payout timelines may vary depending on the payment gateway and banking processes, but Gigstaan will endeavour to process payouts within a reasonable timeframe as indicated on the Platform.
- Service Providers are solely responsible for all tax obligations arising from payments received through the Platform, including GST and income tax.
Off-Platform Transactions
- If either party chooses to take transactions, payments, or communications outside of the Platform, such activity is entirely at their own risk.
- Gigstaan’s Escrow Service, invoicing features, refund policy, cancellation protections, and dispute resolution mechanisms shall not apply to any off-platform transaction or activity.
- Attempting to solicit off-platform payments after connecting through the Platform is a violation of these Terms and may result in account suspension or termination.
Escrow Opt-Out
- Service Providers and Service Consumers may mutually agree to opt out of the Escrow Service for a specific Gig, provided both parties explicitly confirm their consent on the Platform.
By opting out of the Escrow Service, both parties acknowledge and agree that:
- Gigstaan shall bear no responsibility for payment disputes, non-payment, partial payment, or payment delays arising from that Gig
- Gigstaan’s refund policy, cancellation protections, and dispute resolution mechanisms shall not apply to that Gig
- Payment arrangements are entirely between the Service Provider and the Service Consumer
- The opt-out choice is recorded on the Platform for transparency and audit purposes.
- Gigstaan strongly recommends using the Escrow Service for all transactions to ensure protection for both parties.
Bring Your Own Service Provider / Service Consumer
- Gigstaan offers the ability for users to invite an existing Service Provider or Service Consumer — with whom they have a pre-existing relationship outside the Platform — to transact through Gigstaan’s escrow and payment infrastructure.
To use this feature:
- Both parties must create and maintain verified accounts on the Platform
- The Gig must be listed and booked through the Platform in the standard manner
- All standard Platform fees and commissions as described in Section 9 shall apply
- Transactions conducted through this feature enjoy the full protections of the Platform, including the Escrow Service, invoicing, dispute resolution, and cancellation protections.
- Gigstaan is not responsible for any obligations, agreements, or disputes that exist between the parties outside of the Platform prior to or independent of their use of this feature.
Fees & Commissions
Platform Fees
Gigstaan charges fees for the use of its Platform and services. These fees may include, but are not limited to:
- Transaction commission: A percentage-based fee deducted from each successful Gig payment before payout to the Service Provider
- Subscription fees: Periodic fees for premium features, enhanced visibility, or advanced tools available to Service Providers under subscription plans
- Featured listing fees: Optional fees for promoted or featured Listings on the Platform
- Bidding fees: Fees that may be charged to Service Providers for submitting Bids on service requests. The structure, pricing, and applicability of bidding fees will be as disclosed on the Platform and may be updated from time to time
Fee Transparency
- All applicable fees, commissions, and charges will be clearly disclosed to you before you complete a transaction or subscribe to a plan.
- The current fee structure is available on the Platform and may be updated from time to time. Any changes to fees will be communicated to affected Users with at least 15 days’ prior notice.
Freemium Model
- Basic access to the Platform, including account creation, browsing services, posting Listings, and submitting Bids, is available free of charge.
- Premium features and tools may be offered under paid subscription tiers, the details of which are available on the Platform.
Taxes
- All fees and commissions quoted by Gigstaan are exclusive of applicable taxes (including GST) unless stated otherwise.
- Gigstaan will charge and collect GST on its fees as required under applicable Indian tax laws.
- Service Providers are independently responsible for their own tax compliance, including GST registration (where applicable), filing of returns, and payment of taxes on income earned through the Platform.
No Hidden Charges
- Gigstaan will not deduct any fees or charges from your payments or payouts other than those expressly disclosed on the Platform.
- If you believe any unauthorised deduction has been made, you may raise the issue with our support team, and we will investigate and resolve it promptly.
Cancellation & Refunds
Separate Policy
- Cancellations and refunds for Gigs booked through the Platform are governed by Gigstaan’s Cancellation & Refund Policy, which is a separate document and forms an integral part of these Terms.
- By using the Platform, you agree to be bound by the Cancellation & Refund Policy as published and updated on the Platform from time to time.
General Principles
- Cancellations must be made through the Platform using the designated cancellation feature. Cancellations communicated verbally, via chat, or through any means outside the Platform’s cancellation process may not be recognised.
- Cancellations made before the commencement of a Gig may be subject to different terms than cancellations made after the Gig has begun.
- Refund eligibility, timelines, and any applicable cancellation fees shall be as specified in the Cancellation & Refund Policy.
Escrow & Cancellations
- For Gigs covered by the Escrow Service, escrowed funds will be handled in accordance with the Cancellation & Refund Policy upon a valid cancellation.
- For Gigs where the Escrow Service has been opted out of (per Section 8.6), Gigstaan shall have no role in processing refunds or managing cancellation-related payment disputes.
Off-Platform Transactions
- Cancellations and refund protections do not extend to any transaction conducted outside the Platform, as stated in Section 8.5.
Prohibited Conduct
General Prohibitions
All users of the Platform agree not to engage in any of the following conduct:
Fraud & Misrepresentation
- Creating fake profiles, impersonating another individual or organisation, or misrepresenting your identity, qualifications, or credentials
- Submitting fraudulent Listings, Bids, reviews, ratings, or any other content intended to deceive other users
- Manipulating ratings or reviews through fake accounts, coordinated actions, or incentivised reviews
Off-Platform Solicitation
- Soliciting or encouraging another user to complete transactions, payments, or communications outside the Platform after having connected through the Platform, with the intent of circumventing Platform fees, Escrow protections, or these Terms
- Sharing personal contact information (phone number, email, social media handles) for the purpose of bypassing the Platform, except where reasonably necessary for the performance of a booked Gig
Harassment, Abuse & Hate Speech
- Engaging in any form of harassment, bullying, threats, intimidation, or abusive behaviour toward any user
- Using language or content that promotes hatred, discrimination, or violence based on race, religion, caste, gender, sexual orientation, disability, or any other protected characteristic
- Any conduct that violates the Women Safety & Anti-Harassment Policy outlined in Section 7A
Spam & Platform Abuse
- Posting repetitive, irrelevant, or unsolicited content, messages, or Listings
- Using bots, scrapers, automated tools, or scripts to interact with the Platform without Gigstaan’s prior written consent
- Attempting to gain unauthorised access to other users’ accounts, Platform systems, or data
- Interfering with or disrupting the Platform’s functionality, servers, or networks
Illegal Activity
- Using the Platform to offer, solicit, or facilitate any service that is illegal under applicable Indian law
- Money laundering, tax evasion, or using the Platform to disguise the source or destination of funds
- Infringing upon the intellectual property rights of Gigstaan or any third party
Consequences of Prohibited Conduct
Gigstaan reserves the right, at its sole discretion, to take one or more of the following actions against any user found to be in violation of this section:
- Issuing a warning
- Temporarily suspending the user’s account
- Permanently terminating the user’s account
- Withholding or forfeiting pending payouts or escrowed funds
- Removing or deleting offending content, Listings, or reviews
- Reporting the conduct to law enforcement authorities
The severity of the action taken will be proportionate to the nature and gravity of the violation, except in cases of sexual harassment (Section 7A), where immediate permanent suspension applies without exception.
Gigstaan’s decision regarding enforcement actions shall be final and binding.
Intellectual Property
Gigstaan’s Intellectual Property
- The Platform, including but not limited to its name, logo, branding, design, layout, source code, software, algorithms, user interface, graphics, icons, text, and all underlying technology, is the exclusive property of Snehmit Business LLP and is protected under applicable Indian intellectual property laws, including the Copyright Act, 1957, the Trade Marks Act, 1999, and the Information Technology Act, 2000.
- The names “Gigstaan,” “Gigster,” “Gangster,” and “Clan” as used on the Platform are proprietary terms of Snehmit Business LLP. Unauthorised use of these terms in any commercial context is prohibited.
- You may not copy, reproduce, modify, distribute, reverse engineer, decompile, create derivative works from, or otherwise exploit any part of the Platform or its intellectual property without the prior written consent of Snehmit Business LLP.
User Content — Licence Grant
- By uploading, posting, or submitting any Content to the Platform (including Listings, portfolio items, images, reviews, ratings, and messages), you grant Gigstaan a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, display, reproduce, modify, adapt, and distribute such Content solely for the purposes of operating, promoting, and improving the Platform.
- This licence continues for as long as the Content remains on the Platform and for a reasonable period thereafter to allow for the removal of cached or archived copies.
- You retain ownership of your original Content. Gigstaan does not claim ownership over any Content you create and upload.
User Content — Representations
You represent and warrant that:
- You own or have the necessary rights, licences, and permissions to upload and share the Content you post on the Platform
- Your Content does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party
- Your Content does not contain any material that is defamatory, obscene, unlawful, or otherwise objectionable
Intellectual Property Complaints
Gigstaan respects the intellectual property of others. If you believe that any Content on the Platform infringes your intellectual property rights, you may submit a written complaint to our Grievance Officer (details in Section 20) including:
- A description of the intellectual property you claim has been infringed
- The specific location of the infringing Content on the Platform
- Proof of your ownership or authorisation to act on behalf of the owner
- Your contact information and a statement made under good faith
Upon receipt of a valid complaint, Gigstaan will investigate and take appropriate action, which may include removal of the infringing Content.
Limitation of Liability
Platform Provided “As Is”
- The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Gigstaan does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
No Liability for User Interactions
As stated in Section 5, Gigstaan is a marketplace and is not a party to any Gig or service agreement between Users. Gigstaan shall not be liable for any loss, damage, injury, claim, or dispute arising from or in connection with:
- The quality, safety, legality, or suitability of any service provided by a Service Provider
- The conduct, behaviour, or actions of any Service Provider or Service Consumer, whether during or after a Gig
- Any failure by a Service Provider to complete a Gig or meet the expectations of a Service Consumer
- Any interaction, agreement, or dispute between Users, whether on or off the Platform
Cap on Liability
To the maximum extent permitted by applicable law, Gigstaan’s total aggregate liability to you for any and all claims arising out of or in connection with these Terms or your use of the Platform shall not exceed the lower of:
- The total fees paid by you to Gigstaan in the 12 months immediately preceding the event giving rise to the claim; or
- INR 10,000 (Indian Rupees Ten Thousand)
Exclusion of Consequential Damages
- To the maximum extent permitted by applicable law, Gigstaan shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or reputational damage, regardless of the cause of action or theory of liability, even if Gigstaan has been advised of the possibility of such damages.
Force Majeure
- Gigstaan shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, epidemics, pandemics, war, civil unrest, government actions, internet or telecommunications failures, power outages, cyberattacks, or acts of God.
Indemnification
Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Snehmit Business LLP, its directors, officers, employees, agents, and affiliates (“Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to the Platform
- Your violation of these Terms, any applicable law, or the rights of any third party
- Any Content you upload, post, or transmit through the Platform
- Any Gig you perform or receive through the Platform
- Any dispute between you and another User of the Platform
- Any negligent, wrongful, or fraudulent act or omission by you
Indemnification for Service Providers
Service Providers additionally agree to indemnify the Indemnified Parties against any claims arising from:
- The services they provide, including claims of personal injury, property damage, professional negligence, or defective work
- Failure to comply with applicable laws, licences, permits, or professional regulations
- Tax liabilities, including GST non-compliance, arising from their use of the Platform
Indemnification for Clans
- Where a Gig is accepted and performed by a Clan, all members of the Clan shall be jointly and severally liable for any indemnification obligations arising from that Gig.
- The designated Clan representative shall bear primary responsibility for coordinating the defence of any claim, without prejudice to the individual liability of each Clan member.
Procedure
- Gigstaan will notify you promptly of any claim subject to indemnification and will provide reasonable cooperation in your defence of the claim, at your expense.
- You shall not settle any claim without Gigstaan’s prior written consent if the settlement imposes any obligation on Gigstaan or admits liability on behalf of Gigstaan.
Dispute Resolution
Three-Tier Resolution Process
Any dispute, controversy, or claim arising out of or in connection with these Terms, the Platform, or any Gig (“Dispute”) shall be resolved through the following three-tier process:
Tier 1 — Internal Mediation
- The aggrieved party must first raise the Dispute through the Platform’s designated dispute resolution feature or by contacting Gigstaan’s support team.
- Gigstaan will assign a dedicated representative to mediate the Dispute between the parties.
- Gigstaan will endeavour to resolve the Dispute within 30 days from the date of receipt of the complaint.
- Both parties agree to participate in the mediation process in good faith and provide all information reasonably requested by Gigstaan to facilitate resolution.
- Any resolution reached through internal mediation shall be binding on both parties.
Tier 2 — Binding Arbitration
- If the Dispute is not resolved through internal mediation within 30 days, either party may refer the Dispute to binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (as amended).
- The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. If the parties cannot agree on an arbitrator within 15 days of the referral, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
- The seat and venue of arbitration shall be Bengaluru, Karnataka, India.
- The language of arbitration shall be English.
- The arbitrator’s award shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
- Each party shall bear its own costs of arbitration, unless the arbitrator directs otherwise.
Tier 3 — Courts
- If any party wishes to challenge the arbitral award, or for matters that are not arbitrable under Indian law, the dispute shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.
Exceptions
- Nothing in this section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where such relief is necessary to prevent irreparable harm.
- Disputes relating to intellectual property infringement may be brought directly before the competent courts without undergoing the three-tier process.
Gigstaan’s Role in User-to-User Disputes
- For Disputes between a Service Provider and a Service Consumer regarding a Gig, Gigstaan may, at its sole discretion, mediate under Tier 1 as described above.
- Gigstaan’s participation in mediation does not constitute an admission of liability, an assumption of responsibility for the Gig, or a waiver of any of its rights under these Terms.
- If mediation by Gigstaan does not resolve the Dispute, the parties may proceed to Tier 2 (arbitration) between themselves. Gigstaan shall not be a party to such arbitration unless the Dispute directly involves Gigstaan’s own obligations under these Terms.
Escrow During Disputes
- Where a Dispute arises in relation to a Gig covered by the Escrow Service, the escrowed funds shall remain held by Gigstaan until the Dispute is resolved through the applicable tier of this process.
- Gigstaan shall release the escrowed funds in accordance with the outcome of the resolution, whether through mediation, arbitration, or court order.
Account Suspension & Termination
Suspension by Gigstaan
Gigstaan reserves the right to temporarily suspend your account, without prior notice, if:
- We reasonably believe you have violated these Terms, any applicable law, or any Platform policy
- Your account is subject to an ongoing investigation or Dispute
- We detect suspicious, fraudulent, or unusual activity on your account
- It is necessary to protect the safety or security of other Users or the Platform
- During suspension, your access to the Platform will be restricted and any pending payouts may be withheld.
Termination by Gigstaan
Gigstaan reserves the right to permanently terminate your account, with or without prior notice, for:
- Repeated or serious violations of these Terms
- Violation of the Women Safety & Anti-Harassment Policy (Section 7A) — which results in immediate permanent termination
- Submission of fraudulent or falsified identity or verification documents
- Engaging in illegal activity through the Platform
- Any conduct that, in Gigstaan’s sole judgement, is harmful to other Users, the Platform, or Gigstaan’s reputation
Upon termination:
- Your right to access and use the Platform ceases immediately
- Any pending Listings, Bids, and bookings will be cancelled
- Pending payouts may be withheld and forfeited if the termination results from your breach of these Terms or any unlawful conduct
- Your Content may be removed from the Platform
- Data retention shall be in accordance with our Privacy Policy
Termination by You
- You may terminate your account at any time by using the account deletion feature on the Platform or by contacting our support team.
Before termination, you must:
- Complete or cancel all active Gigs
- Resolve any pending Disputes
- Upon voluntary termination, your data will be retained in accordance with the retention periods set out in our Privacy Policy.
Survival
- The following sections shall survive any termination or expiration of these Terms: Section 5 (Platform Role & Disclaimer), Section 12 (Intellectual Property), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution), Section 18 (Governing Law & Jurisdiction), and this Section 16.4.
Modifications to Terms
Right to Modify
- Gigstaan reserves the right to modify, amend, or update these Terms at any time, at its sole discretion, to reflect changes in our services, business operations, technology, legal requirements, or Platform features.
Notice of Changes
- For material changes that significantly affect your rights or obligations, Gigstaan will notify you at least 15 days before the changes take effect through one or more of the following: in-app notification, email, or a prominent notice on the Platform.
- For minor or clarificatory changes, the updated Terms will be effective upon posting on the Platform.
- The “Last Updated” date at the top of these Terms will always reflect the most recent revision.
Your Acceptance
- Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the revised Terms.
- If you do not agree with the modified Terms, you must discontinue use of the Platform and may terminate your account in accordance with Section 16.3.
Governing Law & Jurisdiction
Governing Law
- These Terms and any Dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Jurisdiction
- Subject to the dispute resolution process outlined in Section 15, the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any legal proceedings arising out of or in connection with these Terms or the Platform.
Applicable Legislation
These Terms are subject to and shall be read in conjunction with the following Indian laws (as amended from time to time):
- The Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- The Digital Personal Data Protection Act, 2023
- The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020
- The Indian Contract Act, 1872
- The Arbitration and Conciliation Act, 1996
- The Payment and Settlement Systems Act, 2007
- The Bharatiya Nyaya Sanhita, 2023 (to the extent applicable)
Severability & General Provisions
Severability
- If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.
- The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving its original intent as closely as possible.
Entire Agreement
- These Terms, together with the Privacy Policy, Cancellation & Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Gigstaan with respect to your use of the Platform.
- These Terms supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral, relating to the subject matter hereof.
Waiver
- The failure of Gigstaan to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorised representative of Snehmit Business LLP.
Assignment
- You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without the prior written consent of Gigstaan.
- Gigstaan may assign or transfer its rights and obligations under these Terms to any affiliate, successor, or acquirer in the event of a merger, acquisition, or sale of assets, without your consent.
Notices
- All notices from Gigstaan to you will be delivered via email, in-app notifications, SMS, or by posting on the Platform.
- Notices from you to Gigstaan must be sent to the contact details provided in Section 20, and shall be deemed received upon actual receipt by Gigstaan.
Language
- These Terms have been drafted in English. In the event of any translation, the English version shall prevail in case of conflict.
Contact Us
If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:
Email: support@gigstaan.com
Grievance Officer
As required under applicable Indian law, we have appointed a Grievance Officer:
Name: Sneha Kanade
Designation: Founder & CEO
Email: support@gigstaan.com
All complaints will be acknowledged within 24 hours and resolved within 15 days from the date of receipt.
If you are not satisfied with our resolution, you may escalate your complaint to the appropriate regulatory authority.
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