TERMS AND CONDITIONS

Effective date: 07-12-2023

PLEASE READ THIS FREELANCING SERVICES TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR AVAILING SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Freelancing Services Terms of Service Agreement governs your use of this website hosted at https://freelancers.programmerstrend.in , Programmers Trend's offer of freelancing services, or your engagement of freelancers available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Programmers Trend reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Programmers Trend will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Programmers Trend encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Programmers Trend for other freelancing services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. FREELANCING SERVICES

Terms of Offer: This Website offers freelancing services. By engaging freelancers through this Website, you agree to the terms set forth in this Agreement.

Client Solicitation: Unless you notify our third-party representatives or direct Programmers Trend sales representatives of your desire to opt out from further direct communications and solicitations, you are agreeing to continue receiving further emails and call solicitations from Programmers Trend and its designated in-house or third-party team(s).

Opt-Out Procedure: We provide three easy ways to opt out of future solicitations. 1. You may use the opt-out link found in any email solicitation. 2. You may opt out by sending your email address to: team@programmerstrend.in. 3. You may send a written remove request to team@programmerstrend.in.

Proprietary Rights: Programmers Trend has proprietary rights and trade secrets in the freelancing services. You may not copy, reproduce, resell, or redistribute any service provided by Programmers Trend. Programmers Trend also retains rights to all trademarks, trade dress, and specific layouts of this webpage.

II. WEBSITE

Content; Intellectual Property; Third-Party Links: In addition to making freelancing services available, this Website also offers information and marketing materials. Programmers Trend does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Programmers Trend does create the content on this Website, such content is protected by intellectual property laws. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Programmers Trend does not endorse the contents of any such third-party websites. Programmers Trend is not responsible for the content or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: Programmers Trend is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail, or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Programmers Trend or the applicable third party.

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Programmers Trend a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Programmers Trend does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Programmers Trend is not liable for any damage or harm resulting from any posts by or interactions between users. Programmers Trend reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Programmers Trend deems objectionable, in its sole discretion.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Programmers Trend EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES. ("SERVICES" INCLUDE TRIAL SERVICES.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Programmers Trend MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

Programmers Trend ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS APPLICABLE FEES, FOR SERVICES ENGAGED VIA THE WEBSITE.

Programmers Trend WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM:

THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES.
THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT.
ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend, and hold harmless Programmers Trend, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

This Agreement or the breach of your warranties, representations, and obligations under this Agreement.
The Website content or your use of the Website content.
The Services or your use of the Services (including Trial Services).
Any intellectual property or other proprietary right of any person or entity.
Your violation of any provision of this Agreement.
Any information or data you supplied to Programmers Trend.

When Programmers Trend is threatened with suit or sued by a third party, Programmers Trend may seek written assurances from you concerning your promise to indemnify Programmers Trend; your failure to provide such assurances may be considered by Programmers Trend to be a material breach of this Agreement. Programmers Trend will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Programmers Trend's choice at its expense. Programmers Trend will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have the sole responsibility to defend Programmers Trend against any claim, but you must receive Programmers Trend's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.

VI. PRIVACY

Programmers Trend believes strongly in protecting user privacy and providing notice of its use of data. Please refer to Programmers Trend's privacy policy, incorporated by reference herein, that is posted on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or engaging freelancers, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

Force Majeure: Programmers Trend will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to circumstances beyond its control.

Cessation of Operation: Programmers Trend may, at any time, in its sole discretion and without advance notice to you, cease the operation of the Website and provision of freelancing services.

Entire Agreement: This Agreement comprises the entire agreement between you and Programmers Trend and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of Programmers Trend to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction: This Website originates from Narsapur, Andhra Pradesh. This Agreement will be governed by the laws of the State of Andhra Pradesh without regard to its conflict of law principles to the contrary. By using this Website or engaging freelancers, you consent to the jurisdiction and venue of the courts located in the State of Andhra Pradesh in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination: Programmers Trend reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and Programmers Trend may, in its sole discretion and without advance notice to you, cancel any outstanding orders for freelancing services. If your access to the Website is terminated, Programmers Trend reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Programmers Trend chooses, in its sole discretion and without advance notice to you, to terminate it.

Domestic Use: Programmers Trend makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. Programmers Trend may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ENGAGING FREELANCERS THROUGH THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.