Terms of Service

These Terms and Conditions contain information about “'MiArk – A Smart Digital Directory” App, the service we provide to you and the agreement we have between us.

Please read them carefully. We may change them from time to time without prior notice or reason.

Elzsi Consultancy Services Private Limited. (hereinafter referred to as “ECS”,”ECSPVTLTD”, “we”, “us”, “our” or “ours”) is a company incorporated in India, with CIN number U74999TN2022PTC155863. “ECSPVTLTD” provides mobile applications, hereinafter referred to as “MiArk – A Smart Digital Directory “, that connect “Requester's who have Tasks that they want completed with “Service Provider's who are willing to undertake those Tasks. Collectively these Tasks are the Services, and the Services may be available through www.miark.in, other websites and mobile applications.

This “ECSPVTLTD” Participation Agreement (the “Agreement”) is a binding agreement between you and “ECSPVTLTD”, Inc. (“ECSPVTLTD”) regarding your access to and use of the “MiArk – A Smart Digital Directory” App. “ECSPVTLTD” and its affiliates (“we”, “us”, or “our”) provide the “MiArk – A Smart Digital Directory” App to you subject to this Agreement.

By using Services, you are confirming you have read these Terms and Conditions (“Terms”) and agree to be bound by them as long as you continue to make use of our application or service. These terms govern your access to and use of the Services and constitute a legally binding agreement between you and “ECSPVTLTD”.

If you do not agree to these Terms, you may not use the Website or the mobile applications.

“MiArk – A Smart Digital Directory” App IS AN INSTANT SERVICES MARKETPLACE PLATFORM THROUGH WHICH “USER” POST A TASK, OUR PLATFORM WILL LIST THE “SERVICE PROVIDER”S AVAILABLE NEAR THE “USER”, THEN THE “USER” WILL SELECT AND CALL THE PREFERRED “SERVICE PROVIDER”S TO COMPLETE THE TASK. THE TRANSCATIONS / NEGOTIATION FOR ANY KIND OF WORK / SERVICE / TASK WILL BE DISCUSSED AMONG THE USER & THE SERVICE PROVIDER. Elzsi Consultancy Services Private Limited / MiArk WILL NOT BE RESPOSIBLE FOR ABOVE SAID CONTENT.

AS A “SERVICE PROVIDER” YOU WILL HAVE TO REGISTER WITH “MiArk” App, AND IT IS YOUR FULL RESPONSIBILITY TO BE QUALIFIED FOR DOING THE TASKS POSTED BY “USER”.

PROVIDER”S TO POST OR COMPLETE THE TASKS, AND THAT THE SATISFACTORY COMPLETION OF A TASK IS SOLELY DETERMINED BETWEEN THE PARTIES. IT IS A CONDITION OF USE OF THE SERVICES THAT THE PARTIES ACKNOWLEDGE THEY HAVE COMPLETE CONTROL OVER THEIR OWN CONDUCT AND THE OUTCOME OF THE SERVICES, AND “ECSPVTLTD” DISCLAIMS ALL LIABILITY IN THIS REGARD.

“User” means an individual or a business that uses the “MiArk” App platform process. Such a user may be a “Requester” or a “Service Provider” or both.

“User Content” means information that a User provides about themselves, their profile or the details of a Task.

These Key Terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.

Eligibility and Responsibility

Minors under the age of 18 are prohibited to register as a user or “Service Provider” and are not allowed to transact or use the application, You must be 18 years old or older to use the “MiArk” mobile apps to Post or respond to Tasks, and we may ask for proof of age before you can register. –

We reserve the right to refuse to provide the Services to any individual, business or other entity at any time without explanation. Whilst “ECSPVTLTD” takes reasonable care in screening “Service Provider's, you are solely responsible for taking appropriate safety precautions in connection with your use of the Services.

“ECSPVTLTD”‘s Role. The “MiArk” App is a venue for “USER” and “Service Provider” to conduct transactions. Unless we are participating on the “MiArk” App as a “USER”, we are not involved in the transactions, and have no control over the quality, safety, or legality of Tasks or consideration for Tasks, the ability of “Service Provider”s to perform Tasks to “USER” satisfaction, or the ability of “USER” to pay for Tasks. We are not responsible for the actions of any “USER” or “Service Provider”, or performing any screening of “USER” or “Service Provider”s. Your use of the “MiArk” App is at your own risk. Because we are not a party to the transactions between “Service Provider”s and “USER” we are not responsible for resolving any disputes between participants related to any Tasks or any transaction. If you do become aware of a participant violating this Agreement or otherwise disrupting the operation of the “MiArk” App , you may report that here.

Use of the Services

As a User of the Services you agree to the following:

It is optional to register as a “USER”, but if you register and create an account for your personal or business use only, you may not authorise others to use your account and you may not assign or transfer your account to any other person or entity. You may register only one account. You are responsible for keeping any registration details confidential including your password. You acknowledge that “ECSPVTLTD” is not responsible for any third-party access to your account and the consequences thereof, howsoever caused.

When you register for the “MiArk” App, you must provide complete and accurate information and ensure that information (as well as any additional information we may require to, among other things, verify your identity) is complete, accurate, and up-to-date at all times.

You may not use multiple “MiArk” App accounts to register for the “MiArk” App. The name associated with your “MiArk” App account must not suggest any affiliation with us or any other person or entity without their authorisation.

As a “USER”, you agree that: (i) You will interact with “Service Provider”s in a professional and courteous manner, and accurately describe your Tasks; (ii) You may only use the “MiArk” App for purposes it was made for; (iii) You may not have “Service Provider”s perform Tasks through venues other than the “MiArk” App (unless expressly permitted by us in a policy posted on the “MiArk” App ); (iv) You will not reject Tasks performed by “Service Provider”s without good cause

You are responsible and assume liability for all information and User Content that you add to the mobile apps. Details of how “ECSPVTLTD” may use any information and content are provided in the Privacy Policy.

You assume all risk when using the Services, including, but not limited to, any risks associated with interacting with other people. You acknowledge that “ECSPVTLTD” is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.

As a “Service Provider”, you agree that: (i) You will interact with “USER” in a professional and courteous manner, and provide reasonably requested information in connection with your performance of Tasks; (ii) You will use your human intelligence and independent judgment to perform Tasks in a competent and workmanlike manner; (iii) You will supply complete and accurate information for all Tasks you perform if requested; (iv) You will not perform Tasks through venues other than the “MiArk” App (unless expressly permitted by us in a policy posted on the “MiArk” App ); (v) You are solely responsible to provide receipts for each Task you complete to “USER” these receipts should contain description of service provided and any governmental tax applied as per the law of country were the task is taken place; (vi) “USER” may reject Tasks you perform for good cause;

The “Service Provider” may accept or reject the Task. We do not guarantee that a “USER” will receive a response to a posted Task or that responses meet the requirements a “USER” has specified. Nor do we guarantee to “Service Provider”s that they will be offered Tasks.

“Service Provider”s perform Tasks for “USER”s in their personal capacity as an independent contractor and not as an employee of “ECSPVTLTD / MiArk app”.

As a “Service Provider”, you agree that: (i) You are responsible for and will comply with all applicable laws and registration requirements, including those applicable to independent contractors and maximum working hours regulations; (ii) This Agreement does not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and “USER”, or you and “ECSPVTLTD”; (iii) You will not represent yourself as an employee or agent of a “USER” or “ECSPVTLTD”; (iv) You are not eligible to recover “Service Provider”‘s compensation benefits in the event of injury. As a “USER”, you will not engage a “Service Provider” in any way that may jeopardise that “Service Provider”‘s status as an independent contractor performing Tasks for you.

“ECSPVTLTD” reserves the right, but is not under any obligation, to monitor information that is submitted to the mobile apps and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of this Agreement, or upon the request of a third party.

“ECSPVTLTD” reserves the right, but is not under any obligation to compensate, to change anytime without notice, any rules, conditions, terms, formation, or formulation for its own sole discretion.

You as a user agree by using our “MiArk” App and platform to be full responsible in not violating the local laws and regulations of your country and place of submitting such service, “ECSPVTLTD” will not be responsible for any such results.

As a user, Your right to use the “MiArk” App is limited to your use and you are only authorised to use it in connection with requesting and performing Tasks. You may not use the “MiArk” App for any other purposes or in any way that: (i) Is unlawful; (ii) Harms “ECSPVTLTD” (e.g., to support any competing marketplace), or its customers, suppliers or other parties, as determined in our sole discretion; (iii) Violates this Agreement; or (iv) Could damage, disable, overburden, or impair the “MiArk” App (or any network(s) connected to the “MiArk” App ), interferes with any other party’s use of the “MiArk” App , or otherwise undermines the integrity of the “MiArk” App or any of its features. Except as may be permitted in the Acceptable Use Policy, you may not use any data mining, robots, or similar data gathering or extraction tools on the “MiArk” App.

You will not use the Services, or engage in any activity on the “MiArk” website and/or mobile applications, in any way that: • Violates any local, national or other laws or regulations or any order of a court of relevant jurisdiction; • Uses any software, devices, scripts, robots or other means to access, scrape, crawl or spider any web pages or other of the Services; • Uses the “MiArk” website and/or mobile applications for any commercial or other purposes that are not permitted in these Terms; • Infringes the rights of any person or entity, including their intellectual property, copyright, privacy or contractual rights; • Distributes unsolicited material or advertisements; • Is intended to harass, annoy, threaten or intimate any other Users; • Promotes racism, bigotry, hatred or physical harm of any kind; • Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit or otherwise objectionable; • Contains audio, photographs or images of another person without their permission (or in the case of a minor, the permission of the minor’s legal guardian); • Promotes or enables illegal or unlawful activities; • Is in any way used for money laundry activity, child abuse, etc. • Is intended to deceive, defraud or swindle other Users of the Services; • Is intended to damage or interfere with the operation of the Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices; • Promotes, supports or solicits involvement in a political platform, religion, cult or sect; • Is in any way used in connection with spamming, spimming, phishing, trolling or any similar activities.

Account and Registration

Although its preferred, but “USER” may not be registered in order to Post a Task, but registration is mandatory for “Service Provider”s to be assigned for a Task that has been posted, you can create an Account with “MiArk”. This is done directly within the “MiArk” App. The app is available for free download from the Apple and other app stores.

When you register as “Service Provider” we may ask you for more information, which may include ID, proof of address, social security number and right to work in your country.

It is a mandatory of the use of “MiArk” App that you provide us with your mobile phone number.

You agree by using our “MiArk” App and platform to be full responsible in not violating the local laws and regulations of your country and place of submitting such service, “MiArk” app will not be responsible for any results if either the “USER” or the “Service Provider” didn’t follow rules and regulations.

The “MiArk” App may be used only for lawful purposes and in a lawful manner consistent with our Acceptable Use Policy. In connection with your use of the “MiArk” App, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you

Self Employment

“Service Provider”s are self-employed and are solely responsible for the quality and outcome of the work they do. “MiArk” acts as a marketing platform to introduce the Parties and disclaims any liability in the Services that are provided. As a “Service Provider” you are responsible for your own Tax, VAT, and any financial requirements or clearance affairs requested by your local authority law.

“Service Provider”s are self-employed and are solely responsible for their safety and user safety while performing any of their work.

Doing Tasks

As a “USER” you can create a Task. The Task will include a description, location and a payment terms that is predetermined by you as a “USER”.

After the “USER” submits a search, a list of available “Service Provider”s will be provided with their ranking, reviews, prices, and charging method (either per hour or per Task). The “USER” then shall chose one or more of “Service Provider”s to send the Task to.

Disputes and Dispute Resolution

If the “USER” is not satisfied that the “Service Provider” has completed the Task to the performance and/or quality the “USER” may reasonably expect, the Parties may enter into a Dispute. The Parties may also enter into a Dispute if the “Service Provider” is not satisfied the “USER” has correctly described the Task to be done. In the event of a Dispute the Parties hereby agree to negotiate a settlement in good faith and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them only, and “ECSPVTLTD / MiArk app” will not interfere in any of such relation or instant.

Under no circumstances, “ECSPVTLTD / MiArk app” shall be held accountable for a bad service extended or low-quality materials used, in such case, the “USER” shall directly litigate or hold the “Service Provider” accountable, and “ECSPVTLTD / MiArk app” shall have no related liability.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties will each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Recommendations and Reviews

“USER” and “Service Provider”s are encouraged to offer reviews for each other each time a Task is completed. You agree to provide a prompt review that is true and fully reflects your experience with the “USER” or “Service Provider” with who you have engaged.

“ECSPVTLTD / MiArk app” reserves the right to terminate the Accounts of Users, either “USER” or “Service Provider”, who repeatedly receive poor reviews.

Private Engagement

“Service Provider's are listed to Tasks on the basis of availability and location. A “USER” may not find the same “Service Provider” each time seek a service or post a Task.

As a “USER” you agree not to privately offer Tasks to “Service Provider's you have previously engaged with through “MiArk” App. As a “Service Provider” you agree not to accept or solicit for Tasks that are offered to you by “USER” you have previously worked for through “MiArk” App.

Reporting Misconduct

If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviors you should immediately make a report to the appropriate authorities and then to “MiArk” at contact@miark.in quoting the filing report number to discard the person from using MiArk app.