Welcome! Unyque, a venture of Unyque Creative Network, having its registered office at B-28, Crescent Industrial Estate, Kanjurmarg East, Mumbai - 400 042 , India.
Unyque is an online Video Production Platform with primarily two types of users – Clients and Service Providers. The website is www.unyque.com
This User Agreement constitute a binding Agreement between Unyque and Service Providers or the Company operating the Website for the country in which You live or in which business is headquartered, and are deemed accepted by You each time that You use or access any Unyque Services.
If You do not accept the Terms stated here, do not use the Services. However, this Agreement is subject to change without prior intimation and You are bound by all the terms and conditions mentioned on the Unyque website. Unyque reserves the right to update the Agreement uploaded on the Website and also to update the version on the Webpage. The Service Providers are urged to read the Terms and Conditions carefully before the use of the platform/ website Unique. The Service Providers are advised to visit this page periodically to review the most current Terms because they are binding on You.
The Unyque Platform/ Website are owned and operated by Unyque Creative Network (referred to herein as "we," "us," "our," or "Unyque”), which has developed Platform/ Website/ Services for use by a client who is looking to create a video or a still camera shoot, website design, software development etc, in the Market and a Service Provider who is willing to provide these services to the client who approaches the Unyque website.
As a Service Provider providing Services to the Clients of Unyque, you agree and acknowledge that you have the necessary License/ Authorization from the concerned Department/ Institute/ Organization/ Government Authorities for providing the Services for which you are enrolling with Unyque.
Further, by agreeing to this Terms, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
If Unyque discovers or has any reason to suspect that YOU (Service Provider) are not legally eligible to provide Services on the Platform for lack of license/ authorization, Unyque reserves the right to suspend or terminate access to the its Platform to YOU, immediately and without notice.
In order to register/ enrol, the Service Provider shall apply for a membership / to be a part of the Unyque network of Service Providers.
The Service Provider may span from different areas (geographically) and from aspects of services provided – videographer, illustrator, animator, sound artist, voice artist, director, script writers, etc.
Upon providing your basic enrolment details, You shall be provided with a Questionnaire which You need to fill and submit. Upon submission of such Questionnaire, Unyque will get in touch with You and Unyque, at its sole discretion may either confirm or deny the membership.
You agree and understand that Unyque is an exclusive network and You need to meet certain criteria / set standards / quality of service, in order to be confirmed by Unyque. In case Unyque determines that You are not eligible for membership, Unyque has every right to reject the same, without providing any reason and the said decision shall be final and binding.
Either, upon confirmation of the membership or at the time of allocation of the task, Unyque may share a fixed fee chart and You may take up the said task only if you agree to quoted fee therein.
The Client who logs onto the Unyque Portal/ Website shall share his/ her/ their requirement using the tools as available. After which, the said requirements of the Client, will be reviewed by Unyque and will send a job invitation to Service Provider/s who in the opinion of Unyque are eligible for successful execution of the said Client requirement.
Upon receipt of the said job invitation, if You are interested in taking up the said Project, You shall revert to Unyque, within a reasonable time informing of your eligibility and availability. From all available responses, Unyque shall confirm the Project to one such Service Provider.
Upon Unyque’s confirmation, the said Service Provider shall complete the said Project within the timeline as agreed and shall provide to the Client, the Original work which does not infringe upon any Intellectual Property Rights of any 3rd Party.
The Service Provider’s shall give an undertaking to Unyque that the details/documents provided by You for availing Unyque services through websites are true to their knowledge and are genuine and that the same shall be advertised on the classified section of Unyque sites.
The Service Provider shall give an Undertaking that he/ she shall not transfer the Project assigned to him/ her to any other Service Provider or individual unless it is prior approved by Unyque, in writing. Usage from third party premises/networks without prior permission is strictly prohibited.
The Service Provider may update/edit their profile etc. from time to time, if required. However, before modifying or updating the profile, the same shall be informed to Unyque. The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
Service Provider shall be the sole responsibility for any event that occurs during, before or after the services are provided at the site/place/destination chosen for providing the desired services. Unyque would not be held liable for any loss or damage or theft or risk that occurs or is likely to occur at the place of service on which the Service Provider is providing the services.
Unyque would not be held liable for loss of any data technical or otherwise of the information/data, or particulars supplied due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Unyque’s reasonable control including but not limited to strikes, riots, civil unrest, Government policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
You acknowledge, consent and agree that we may access, preserve and disclose your registration (if any) and any other information/data You provide in accordance with the terms of privacy policy if required to do so by Law or in good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:
The Service Providers shall be solely responsible for the information that they share on Unyque sites. Unyque is not to be considered as an employer with respect to Your use of any Site.
By accepting to use the services provided by Unyque, You hereby accept to own all the risks involved, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom You come in contact through the Unyque Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that You will use caution and common sense when using the Unyque sites.
It shall be sole prerogative and responsibility of the Service Provider to check the authenticity of all or any response received pursuant to the postings or information/data being fed into the network system of Unyque by the client’s, for going out of station or in station for any matter whatsoever. Unyque assumes no responsibility in respect thereof and expressly disclaims any liability for any act, deed or thing which the client may so do, pursuant to or during services.
The Service Provider represents that he/she is not a minor and is not under any legal or other disability which limits his/her ability to comply with these Terms or to install and use the services subscribed and purchased with minimal risk of harm to you or others.
The Service Provider shall be assigned a password(s) by Unyque to enable them to access all the information received through Unyque, but the sole responsibility of the safe custody of the password shall be that of the Service Provider and Unyque shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. Unyque undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted for use by the Service Provider.
It shall be the sole responsibility of the Service Provider to ensure that it uses the privacy setting options as it deems fit to debar/refuse access the data fed by them, to such corporate entities, individuals or consultants (clients).
All information intimated by the Service Provider and displayed by Unyque on the sites becomes public knowledge and Unyque may at its sole discretion include the personal details, contact details or any other information for display on Unyque sites in any other media including the print media and Unyque cannot be held liable for usage/publicity of such information.
Unyque is not responsible for the information posted on the Unyque sites. Unyque offers no guarantee or warranties that there would be a satisfactory response or any response at all once the details of the services are put on display.
Unyque would not be held liable for loss of any data whether of technical nature or otherwise or all or any, information or particulars supplied by the client’s due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond Unyque’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
Unyque reserves its right to change the look, feel, design, prominence, and depiction, classification of the classified section of Unyque sites at any time without assigning any reason and without giving any notice.
Unyque reserves its right to reject and delete any entries or details or description entered on the Unyque sites without assigning any reason.
Although Unyque will make all possible efforts to adhere to the privacy settings, it will not be responsible for information being seen by a blocked user for any reason.
Any websites that are accessible via links included within the Unyque Service that take you out of the Unyque Service are not under Unyque control and Unyque shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any website you visit.
The term of this Agreement shall commence on the effective date and shall continue until successful completion of the Services. Unless sooner terminated as provided as under:
Unyque retains the exclusive right to immediately terminate the Service Provider’s access to the Platform, in case if it is brought to Unyque’s notice that the Service Provider has infringed upon an Intellectual Property of a 3rd Party or that the Service Provider has failed to provide the Services agreed with Unyque.
The Service Provider agrees to indemnify and hold Unyque its Client, affiliates officers, directors, agents and employees, harmless from any claim or demand, losses, cause of action, damage, Law suits including reasonable Attorneys' fees and costs, arising out of or relating to the Client’s services made by any third party under this Agreement.
The Service Provider agrees to defend any and all claims, demands cause of action, Lawsuits and /or Judgments arising out of, or relating to, the Service Provider’s services, unless expressly stated otherwise by the Unyque in writing.
During the Term of this Agreement or while Unyque is otherwise providing any Services to the Service Providers, and for a period of Five (5) years thereafter, the Service Providers shall not, directly or indirectly, for its own benefit or for, with or through any other person, firm, corporation, or other entity solicit or attempt to solicit any employee or sub-contractor of Unyque to end his or her employment or business relationship with the Unyque or to work in any capacity for any person or entity other than the Company; or Attempt to hire, employ, or associate in business with any person employed by Unyque or who has left the employment of Unyque within the preceding One (1) year or discuss any potential employment or business association with such person. If the Service Provider breaches this provision, he/ she shall promptly pay to Unyque, as liquidated damages and not as a penalty, an amount of (INR 15,00,000/-).
Information provided by Unyque sites may be relied on by its users at their own discretion. We provide the platform for service providers and clients and all information and services on an “as is” and “as available” basis. Unyque does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Unyque disclaims any and all implied warranties and representations, including, without limitation, any warranties of accuracy of data, and non-infringement. If you are dissatisfied or harmed by Unyque or anything related to Unyque services, you may close your Unyque account and terminate this agreement in accordance with the termination clause and such termination shall be your sole and exclusive remedy. Unyque is not responsible, and makes no representations or warranties for the delivery of any service through Unyque to anyone. In addition, we neither warrant nor represent that your use of the services will not infringe the rights of third parties. Any material, service, or technology described or used on our mobile applications and/or websites and/or by any other medium may be subject to Intellectual Property Rights owned by third parties who have licensed such material, service, or technology to us. Unyque shall not be obliged to verify the identity of persons subscribing to its services, nor does shall it oblige to monitor the use of its services by other users of the community. Therefore, Unyque disclaims all liability for identity theft or any other misuse of your identity or information by others. Unyque does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Unyque disclaims all liability for damages caused by any search interruption or errors in functioning. Furthermore, Unyque disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Unyque sites or applications due to inappropriate equipment, disturbance related to internet service providers, to the saturation of the internet network and for any other reason.
By using Unyque, you agree and understand that injuries and damages can occur by the use of such products, either as a result of negligence or because of other reasons. Notwithstanding anything to the contrary herein, to the fullest extent allowed by Law, You agree to waive and discharge all claims, release Unyque from all liability and indemnify and hold harmless Unyque its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any services availed by way of using the website. You agree, understand and intend that this assumption of risk and release is binding upon You and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying client’s at the events.
n case of any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, the Parties shall try to amicably settle the same amongst themselves.
If after a period of 30 days of trying to amicably solve the dispute amongst themselves, they are unable to resolve, the affected Party may approach the competent Court in Mumbai, Maharashtra.
The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and the Agreement shall be subject to the exclusive Jurisdiction of the Courts at Mumbai, Maharashtra.
Service Provider may contact Unyque in case of any queries/ claims relating to the Platform/ Website at:
Address:
B-28, Crescent Industrial Estate,
Kanjurmarg East,
Mumbai - 400 042, India
Email id: hello@unyque.com