User Agreement

Welcome, and thanks for using Meshball Inc.’s (“Meshball”) website www.Meshball.com. When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.

Note: You are entering into a legally binding agreement.

1. Introduction

Our aim is to mesh the business community in a manner that helps optimize their unused resources and to empower the consulting community by enabling them to advice, guide and grow businesses to new heights and create a dynamic platform with a global reach to solve problems unique to business and consultants.

1.1. Purpose

1.1.1. The mission of Meshball is to connect the world’s professionals and business community to enable them to trade, be more productive and successful. To achieve our mission, we make products and services available through our websites, mobile applications, and developer platforms, to help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.

1.2. Scope and Intent

1.2.1. When you use Meshball's services, you are entering into a legal agreement and you agree to all terms contained herein.

1.2.2. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

1.2.3. You agree that by registering on Meshball or by using our website, including our mobile applications, developer platforms, premium services, or any content or information provided as part of the Meshball services, you are entering into a legally binding agreement with Meshball. If you are using Meshball on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT click “Join Now” and do not access, view, download or otherwise use any Meshball webpage, content, information or services. By clicking “Join Now”, “Join Meshball ”, “Sign Up” or similar, or by using any service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

1.2.4. A User is anyone who accepts the Terms and Conditions and Privacy Policy, Cookie Policy and Copyright Policy, and decides to become a member of Meshball and creates a login and/or profile. There will be two types of users, a Consultant and a Company/Business. Such users may be either the service provider / the seller of the products or services or the service seeker / the buyer of the products or services. Depending on the nature or type of the user, such user will be entitled to either buy & sell the products / services or only offer to provide consulting services.

1.2.5. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors. Meshball is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Meshball is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.

2. Your Obligations

2.1. Applicable laws and this Agreement

Some promises you make to us in this Agreement:

2.1.1. You will follow the applicable and relevant law in India and Meshball ’s rules and regulations.

2.1.2. You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and related webpages:

• DOs and DON’Ts;

• Complaints Regarding Content Posted on the Meshball Website;

• Meshball’s Privacy Policy; and

• Meshball’s Cookie Policy; and

• Meshball Copyright Policy.

2.2. License and warranty for your submissions to Meshball

2.2.1. As between you and Meshball , you own the content and information you provide Meshball under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Meshball a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Meshball , including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Meshball , without any further consent, notice and/or compensation to you or to any third parties.

2.2.2. Pursuant to this license, Meshball may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.

2.2.3. Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

2.2.4. It is your responsibility to keep your Meshball profile information accurate and updated.

2.3. Service Eligibility

2.3.1. To be eligible to use the services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not prohibited from having a Meshball account, (3) are not a competitor of Meshball or are not using the Services for reasons that are in competition with Meshball (4) will only maintain one Meshball account at any given time; (5) will use your real name and only provide accurate information to Meshball; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Meshball or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

2.3.2. “Minimum Age” means 15. However, if applicable law requires that you must be older than such age in order for Meshball to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 15.

2.4. Your Membership

2.4.1. The profile you create on Meshball will become part of Meshball and except for the content and information that you license to us is owned by Meshball. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Meshball account to another party; and (5) not charge anyone for access to any portion of Meshball,or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Meshball account, please visit your profile page.

2.5. Indemnification

2.5.1. You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Meshball.

2.6. Payment

2.6.1. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Meshball storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Meshball does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We do not guarantee refunds for lack of usage or dissatisfaction. Meshball does not guarantee refunds.

2.7. Notify us of acts contrary to the Agreement

2.7.1. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.8. Notifications and Service Messages

2.8.1. For purposes of service messages and notices about the Services, Meshball may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Meshball to an email address associated with your account, even if we have other contact information. You also agree that Meshball may communicate with you through your Meshball account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Meshball or services associated with Meshball. You acknowledge and agree that we shall have no liability associated with or arising from your failure to so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

2.9. User-to-User Communication and Sharing (Meshball Groups, Updates, Company Pages, etc.)

2.9.1. When you share information, others can see, copy and use that information. Meshball also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other Services. Meshball, in its sole discretion, may close or remove content from them or from anywhere on the Services if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors and Meshball cannot guarantee that other Members will or will not use the ideas and information that you share on Meshball, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Meshball Group, into your Network Updates, or elsewhere on Meshball . MESHBALL IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON MESHBALL.

2.10. Privacy

2.10.1. You should carefully read our full Privacy Policy before using Meshball as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Meshball, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Meshball may process such information, within the terms of the Privacy Policy.

2.11. Contributions to Meshball

2.11.1. By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Meshball, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Meshball is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Meshball shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Meshball may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Meshball rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Meshball under any circumstances.

3. Your Rights

3.1. If you follow this agreement, we grant you a limited right to use Meshball.

3.2. On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Meshball or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Meshball contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Meshball commercially unless expressly authorized by Meshball) is strictly prohibited and a violation of this Agreement. We reserve allrights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Meshball and all related items, including any and all copies made of the Meshball websites.

4. Our Rights & Obligations

4.1. Services Availability

4.1.1. For as long as Meshball continues to offer the Services, Meshball shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Meshball as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Meshball, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Meshball or by direct communication to you unless otherwise noted.

4.1.2. Meshball further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Meshball to be contrary to this Agreement. For avoidance of doubt, Meshball has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Meshball may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.

4.2. Third Party Content, Sites and Developers

4.2.1. By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.

4.2.2. Third parties may offer their own products and services through Meshball, however, Meshball shall in no way be liable for such products / services.

4.2.3. Meshball may include links to third party web sites (“Third Party Sites”) on our Services Meshball also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Meshball through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Meshball is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Meshball also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow a Platform Application or Third Party Site to authenticate you or connect with your Meshball account, that application or website can access information on Meshball related to you and your connections.

4.3. Disclosure of User Information

4.3.1. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Meshball, our Members or the public. Disclosures of user information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

4.4. Connections and Interactions with other Members

4.4.1. You are solely responsible for your interactions with other Members. Meshball may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Meshball reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Meshball determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

4.5. Intellectual Property Notices

4.5.1. The Services include the copyrights and Intellectual property rights of Meshball and except for the limited license granted to you in Section 3, Meshball reserves all of its intellectual property rights in the Services. Meshball and logos and other Meshball trademarks, service marks, graphics, and logos used in connection with Meshball are trademarks or registered trademarks of Meshball in India and/or other countries. Other trademarks and logos used in connection with Meshball may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

5. Disclaimer

5.1. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON MESHBALL OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR MESHBALL AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MESHBALL 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, MESHBALL AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MESHBALL OR ANYTHING RELATED TO MESHBALL, YOU MAY CLOSE YOUR MESHBALL ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. MESHBALL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MESHBALL 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 WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. MESHBALL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MESHBALL DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. MESHBALL 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. MESHBALL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MESHBALL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MESHBALL SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

6. Limitation of Liability

6.1. IN NO EVENT SHALL MESHBALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MESHBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE MESHBALL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MESHBALLSHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Those who access or use the Website from jurisdictions other than India do so at their own volition and risk and are responsible for compliance with local law.

7. Termination

7.1. Mutual rights of termination

7.1.1. You may terminate this Agreement, for any or no reason, at any time, with notice to Meshball. This notice will be effective upon Meshball processing your notice. Meshball may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Meshball or the party paying for the services may terminate your access to any Premium Services. Termination of your Meshball account includes disabling your access to Meshball and may also bar you from any future use of Meshball.

7.2. Misuse of the Services

7.2.1. Meshball may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Meshball messaging services; creating multiple or false profiles; using the Services commercially without Meshball’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Meshball, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Meshball has adopted a policy of terminating accounts of Members who, in Meshball’s sole discretion, are deemed to be repeat infringers under copyright and trademark policies in India.

7.3. Effect of Termination

7.3.1. Upon termination of your Meshball account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).

8. Dispute Resolution

8.1. Law and Forum for Legal Disputes

8.1.1. This Agreement shall be governed by applicable laws in force in India and subject to what is contained herein, courts of competent jurisdiction in Bombay, India shall have exclusive jurisdiction to decide disputes arising out of this Agreement.

8.2. Arbitration Option

8.2.1. The Parties shall use their best efforts to settle all disputes by agreement. Any dispute arising out of or in connection with the interpretation or otherwise of this Agreement that is not settled within 30 days after notification by one Party to the other that a dispute exists shall be referred to and finally resolved by arbitration as provided by this Clause. The arbitration shall be held at Mumbai, India in the following manner:

8.2.1.1. All proceedings in any such arbitration shall be conducted in English.

8.2.1.2. There shall be three arbitrators, who shall be fluent in English. Each Party shall appoint one arbitrator within thirty (30) of reference of Dispute to arbitration and the two appointed arbitrators shall appoint the third presiding arbitrator within thirty (30) days of last appointment of the aforesaid two arbitrators. If the Parties fail to appoint arbitrator(s) or the two appointed arbitrator fails to appoint the third arbitrator, the arbitrator(s) shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act of 1996 or any statutory re-enactment or modification for the time being in force.

8.2.1.3. The arbitration award made by the panel shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The award shall be enforceable in any competent court of law.

8.2.1.4. The award shall be a reasoned award and shall be in writing.

8.2.1.5. The panel may (but shall not be required to) award to the Party that substantially prevails on merits, its costs and reasonable expenses (including reasonable fees of its counsel).

9. General Terms

9.1. Severability

9.1.1. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.2. Notices and Service of Process

9.2.1. In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings onwww.meshball.com. Meshball accepts service of process / notices at 517, Tulsiani Chambers, Nariman Point, Free Press Journal Road, Mumbai – 400021, Maharashtra, India. Any notices that you provide without compliance with this section shall have no legal effect.

9.3. Entire Agreement

9.3.1. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Meshball regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Meshball services, third-party content or third party software.

9.4. Amendments to This Agreement

9.4.1. We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.meshball.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.5. No informal waivers, agreements or representations

9.5.1. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Meshball Affiliate shall be deemed legally binding on any Meshball Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Meshball.

9.6. No Injunctive Relief

9.6.1. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

9.7. Assignment and Delegation

9.7.1. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Meshball Corporation for any third party that assumes our rights and obligations under this Agreement.

9.8. Potential Other Rights and Obligations

9.8.1. You may have rights or obligations under local law other than those enumerated here if you are located outside India.

10. Meshball’s “DOs” and “DON’Ts.”

As a condition to access Meshball, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

10.1. Do undertake the following:

10.1.1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

10.1.2. Provide accurate information to us and update it as necessary;

10.1.3. Review and comply with our Privacy Policy;

10.1.4. Review and comply with notices sent by Meshball concerning the Services;

10.1.5. Use the Services in a professional manner; and

10.1.6. Use your real name on your profile.

10.2. Undertake not to do the following:

10.2.1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Meshball;

10.2.2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;

10.2.3. Create a Member profile for anyone other than a natural person;

10.2.4. Harass, abuse or harm another person, including sending unwelcomed communications to others using Meshball;

10.2.5. Invite people you do not know to join your network;

10.2.6. Upload a profile image that is not your likeness or a head-shot photo;

10.2.7. Use or attempt to use another's account or create a false identity on Meshball;

10.2.8. Upload, post, email, transmit or otherwise make available or initiate any content that:

10.2.8.1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;

10.2.8.2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

10.2.8.3. Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Meshball);

10.2.8.4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

10.2.8.5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

10.2.8.6. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Meshball invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Meshball to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;

10.2.8.7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Meshball or any user of Meshball;

10.2.8.8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

10.2.8.9. Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.

10.2.9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

10.2.10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Meshball (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Meshball;

10.2.11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

10.2.12. Utilize or copy information, content or any data you view on or obtain from Meshballto provide any service that is competitive, in Meshball’s sole discretion, with Meshball;

10.2.13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Meshball unless you have entered into a written agreement with Meshball(this includes, but is not limited to, representing yourself as an accredited Meshball trainer if you have not been certified by Meshball as such);

10.2.14. Adapt, modify or create derivative works based on Meshball or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Meshball’s developer program;

10.2.15. Rent, lease, loan, trade, sell/re-sell access to Meshballor any information therein, or the equivalent, in whole or part;

10.2.16. Sell, sponsor, or otherwise monetize a Meshball Group or any other service or functionality of Meshball, without the express written permission of Meshball;

10.2.17. Remove any copyright, trademark or other proprietary rights notices contained in or on Meshball, including those of both Meshball and any of its licensors;

10.2.18. Remove, cover or otherwise obscure any form of advertisement included on Meshball;

10.2.19. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Meshball except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

10.2.20. Share information of non- Members without their express consent;

10.2.21. Infringe or use Meshball’s brand, logos or trademarks, including, without limitation, using the word “Meshball” in any business name, email, or URL or including Meshball’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Meshball;

10.2.22. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;

10.2.23. Use bots or other automated methods to access Meshball, add or download contacts, send or redirect messages, or perform other similar activities through Meshball, unless explicitly permitted by Meshball;

10.2.24. Access, via automated or manual means or processes, Meshball for purposes of monitoring Meshball’s availability, performance or functionality for any competitive purpose;

10.2.25. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Meshball’s website;

10.2.26. Attempt to or actually access www.meshball.comby any means other than through the interfaces provided by Meshball such as a web browser. This prohibition includes accessing or attempting to access Meshball using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Meshball;

10.2.27. Attempt to or actually override any security component included in or underlying Meshball;

10.2.28. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Meshball’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Meshballpersonnel, attempting to gain unauthorized access to Meshball, or transmitting or activating computer viruses through or on Meshball; and/or

10.2.29. Interfere or disrupt Meshball or the Services, including, but not limited to, any servers or networks connected to Meshball, or Meshball's search

10.3 We do our best to keep Meshball safe, but we cannot guarantee it. We need your help to keep Meshball safe, which includes the following commitments by you, when using www.meshball.com (“Meshball”):

1. You will not post unauthorized commercial communications (such as spam) on Meshball.

2. You will not collect users' content or information, or otherwise access Meshball, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

3. You will not upload viruses or other malicious code.

4. You will not solicit login information or access an account belonging to someone else.

5. You will not bully, intimidate, or harass any user.

6. You will not post content that: is a hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

7. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

8. You will not use Meshball to do anything unlawful, misleading, malicious, or discriminatory.

9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Meshball, such as a denial of service attack or interference with page rendering or other Meshball functionality.

10. You will not facilitate or encourage any violations of this Statement or our policies. Meshball Inc. will not be responsible or liable for nor condone any statement posted by its users on its Website. However, if any derogatory, unlawful, abusive, explicit material is posted, users are welcome to complain to us at support@meshball.com

11. Complaints Regarding Content Posted on the Meshball Website

11.1. We built Meshball to help you be a more successful professional, and to help a business make additional profits by selling buying or renting products and services. To achieving this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Meshball provides a process for submission of complaints concerning content posted by our Members. If any derogatory, unlawful, abusive, explicit material is posted, users are welcome to complain to us at support@meshball.com

Privacy Policy

We value the trust you place in us. That's why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices in relation to our website www.meshball.com (“Website”).

Our registered users (“Members”) share their professional identities, engage with their network, buy / sell / rent products and services, exchange knowledge and professional insights, post and view relevant content, and find business opportunities. Content on some of our services is also visible to unregistered viewers (“Visitors”). We believe that our services provide a dynamic platform to empower and connect the business community and the consulting community. Thus amplifying new possibilities and opportunities. Meshball users are both businesses as well as consultants/experts. The cornerstone of our business is to focus on our Members first.

We may share your information with your consent or as required by law.

We protect your personal information and will only provide it to third parties: (1) with your consent; (2) where it is necessary to carry out your instructions; (3) as reasonably necessary in order to provide our features and functionality to you; (4) when we reasonably believe it is required by law or other legal process; or (5) as necessary to enforce our User Agreement or protect the rights, property, or safety of Meshball Inc., its Members and Visitors, and the public.

Note:

Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

You have to meet Meshball Inc.’s minimum age requirements to create an account.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

1. Collection of Personally Identifiable Information and other Information and Registration on the Website

When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

We use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. To learn more about cookies, please view our Cookie Policy.

If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration.To create an account on the Website, you must provide us with at least your name, email address and/or mobile number, and a password and other mandatory information. You can choose to provide further information about yourself during the registration process (for example, your gender and location). We use this information to provide you with more customized services like language-specific profile pages, updates, and content, more relevant ads, and more valuable career opportunities, and it may appear on your LinkedIn profile that is viewable by others. You understand that, by creating an account, Meshball Inc. and others will be able to identify you by your Meshball profile, and you allow Meshball Inc. to use this information in accordance with this Privacy Policy and our User Agreement. We may also ask for your credit card details if you purchase certain Meshball services.

2. Use of Demographic / Profile Data / Your Information

When you join Meshball Inc. by registering on the Website, you acknowledge that information you provide on your profile can be seen by others and used by us.We use information provided by you to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.

In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Website.

We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.

3. Sharing of personal information

We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.Any information you put on your profile and any content you post on the Website may be seen by others. We don’t provide any of your non-public information (like your email address) to third parties without your consent, unless required by law.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Meshball Inc. helps you search for products and services, other professionals, companies, groups, professional content, and jobs.You can search for Members, employment opportunities, information about companies, and community content on the Website. For example, you can find Members with particular expertise or experience, or Members that you may know from your industry or profession. You can also find employment opportunities and information about companies, products and services.

4. Links to Other Sites

Our Website links to other websites that may collect personally identifiable information about you. Our Website is not responsible for the privacy practices or the content of those linked websites.

5. Security Precautions

Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

6. Advertisements on Meshball.com

We use third-party advertising companies to serve ads when you visit our Website. We target ads to you on the Website, based on information you included in your profile and your use of the Website.

7. Your Consent

By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this privacy policy.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

You can change your account information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account.You have a right to (1) access, modify, correct, or delete your personal information controlled by Meshball Inc. regarding your profile, (2) change or remove your content, and (3) close your account. You can also contact us for any account information which is not on your profile or readily accessible to you. If you close your account(s), your information will generally be removed from the Website within 24 hours. We generally delete closed account information and will de-personalize any logs or other backup information within 60days of account closure, except as noted below.

We keep your information for as long as your account is active or as needed. We may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement.

8. Communications

We communicate with you using Meshball Inc. messaging, email, and other ways available to us. We may send you messages relating to the availability of the Services, security, or other service-related issues. We also may send promotional messages to your Meshball Inc. inbox. You can change your contact preferences at any time.

You may change your email and contact preferences at any time by signing into your account.

Communications that you initiate through the Website may list your name and primary email address in the header of the message. Once you have connected with an individual, your contact information will be shared with that individual.