T&C
 

This document is an electronic record under Information Technology Act, 2000 and Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures

User Agreement

These terms and conditions (“Terms”) govern the use of services made available on or through Book Your Guy and/or all the applications, web-pages, hyper-links, tools, including the services provided through Your registered phone number via calling our customer desk or via third-party technology including WhatsApp (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). This User Agreement shall come into effect upon each visit or usage of the Platform, or upon your registration, or upon you providing any information on the Platform or upon your request/booking for any usage of services available on or through the Platform or while you avail the services.

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This User Agreement is a binding and enforceable legal contract between Book Your Guy, AND You, a user of the Services (“you”, “customer” or “your”). By using the Services, you represent and warrant that you have full legal capacity and authority to bind yourself to this Agreement. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to this Agreement.

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By using the Platform or Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply the requirements listed herein or on the Platform. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms/Supplementary Terms or comply with the requirements listed herein, please do not use the Platform or Services.

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Amendments to the User Agreement

This User Agreement may be amended at any time by publishing a revised version on the Platform. The revised version will be effective at the time it is published on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. In the event of a conflict between these terms and the amended terms with respect to applicable services, the amended terms will prevail.
 

Important Disclaimers:

The following disclaimers are the key to determining any relationship between you and us or the Platform and are applicable for your use of the Platform:

• Platform and its Service Providers/suppliers and affiliates provide the services on "as is where is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Platform and services availed through the Platform is at your risk. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.

• The responsibility of the correctness of the declarations displayed on the Platform in relation to the products/services shall lay with You. Please verify the correctness of the declarations independently.

• We, our associates, affiliates and Service Providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided for the products/services or that the operation of the Platform will be error free and/or uninterrupted.

• We neither recommend you to buy or sell any services on the Platform nor endorse any such services nor provide any guarantee, warranty or assurance with respect to any services made available on the Platform. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any user of the Platform including any guarantee, warranty or assurance that any user (whether you or Service Provider) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide you necessary information (subject to the Privacy Policy and applicable laws) for you to deal with other users of the Platform (including the Service Providers) with respect to any dispute.

• The Platform may provide certain support services to facilitate the transactions between users of the Platform and such independent services may include booking of service, logistics services, payment facilitation etc. You understand, agree and acknowledge that the Platform may engage independent third-party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards you or towards any person claiming under or through you for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties (including Service Providers) unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".

• You understand, agree and acknowledge that Platform uses third party service providers to store and process your personal information and other information which you provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over you and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as stringent as the country or state having jurisdiction over you or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third-party service providers will protect your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.
   

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
 

Electronic Communications

When you use the Platform or send emails or other data, information or communication to the Platform, you agree and understand that you are communicating with the Platform and other registered users and visitors through electronic records which are legally identifiable and enforceable, and you consent to receive communications via electronic records (Email, SMS, WhatsApp/ other Messaging Service, App Push) from the Platform and all other registered users and visitors and as and when posted, communicated or required.
 

Service of Notice: The registration data and/or email id and/or your contact number and/or your account details of the third party website through which you register with the Platform will be construed as your 'designated electronic address' and the Platform, other registered users, third parties and law enforcement agencies will communicate with you on your designated electronic address which will be deemed adequate service of notice / electronic record.
 

By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website or through the Platform.
 

Membership Eligibility

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Platform. As a minor if you wish to use the Platform, such usage should be made through your legal guardian or parents who have registered as users of the Platform. We reserve the right to terminate your membership and refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
 

We reserve the right to not provide you any services, as per our sole discretion, if you have indulged in any past misconduct or misbehavior or have violated the terms of this Terms of Use or other policies of the Platform.

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SERVICES & SERVICE PROVIDER

The Platform enables you to arrange, reserve and schedule different services with service providers of those services (“Service Providers”). As a part of the Services, we facilitate in the collection of payments on behalf of the Service Provider and transfer the payments to Service Providers for the services they render to you.

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The Service Providers are  independent third-party service providers. However, few Service Providers may be our employees who may independently provide services to you. In either case, the Service Providers do not have the right to bind or represent us or our affiliates.

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The Platform is for your personal and non-commercial use only, unless otherwise agreed upon or in accordance with the terms of a separate agreement. The Platform is intended for use only within India.

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A key part of the Services is our ability to send you text messages, electronic mails, or other messages, push notifications/messages through other platforms including in connection with your bookings, your utilisation of the Services, or as a part of our promotional and marketing strategies. While you may opt out of receiving the messages/e-mails/notifications related to marketing campaigns by contacting the Grievance Officer or through the in-Platform settings, you agree and acknowledge that this may impact your use of Services (or a part of the Services) through the Platform. However, please note that in order to enable your use of services through the Platform, we shall send you updates through text messages/e-mails/notifications etc. pertaining to your usage of services on the Platform.

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In certain instances, you may be required to furnish identification proof to avail the Services, and you hereby agree to do so. A failure to comply with this request may result in your inability to use the Services.

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ACCOUNT CREATION

To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your address, phone number, e-mail etc.

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You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update event of any change to or modification of this information.
 

You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.

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You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We not be liable for any unauthorised access to your Account.
 

You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers services from us and our third-party partners, and (iv) any other matter in relation to the Services.
 

USER CONTENT

Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform or on our social media pages (“User Content”).
 

As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Providers and agree and acknowledge that Service Providers may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Providers are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.

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You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to (i) use, publish, display, store, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functions of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.

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In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other rights relating to the User Content.

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You agree and acknowledge that we may, without notice to you, remove, or otherwise restrict access to User Content that, in our sole discretion, violate this Agreement.

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CONSENT TO USAGE OF DATA

You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available here which explains the categories of personal data that we collect or otherwise process about you and manner in which we process such data.
 

In addition to any consent, you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or third-party service providers who enable us to provide you with better and enhanced service experience. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, offers, and for experience enhancement.

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Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

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ORDER FOR SERVICES

Orders: The Platform permits you to request various Services at a time of your choosing based on available slots and availability of Service Providers. To make a booking, you shall follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Provider who would be able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Provider for the specific timeslot, we will try to arrange for the best alternative to the selected Service Provider or we will contact you to select an alternative time to reschedule the Service. However, during high demand, this may not be possible and at that time, cancellation of services may be required. Any amount charged for services not provided will be refunded to your account.

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PRICING, FEES, AND PAYMENT TERMS

We reserve the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform. In case you fail to make any due payment for the services booked or availed by you, we may block your account with us and your access to the platform, leading to your inability to book any further services with us. 

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Charges and Fees:

• Based on the Services that you seek to avail, we may charge the Charges and the Fee either at the time of booking of Order or after completion of Services by the Service Provider.

• In respect of Services for which Fee is charged after the completion of Services, you shall be required to pay the amount indicated at the time of booking as well as amounts/charges towards (a) any additional Services you may avail, (b) fees for additional time utilization of the Service Provider (c) out of pocket expenses incurred by the Service Provider, and (d) expenses arising out of the purchase of goods required or utilised for the performance of the Service (collectively or individually “Charges”). Such Order may be booked only after depositing a minimum amount.

• For “Charges” in addition to the charges payable to the Service Provider, we reserve the right to charge you a convenience fee for facilitating the booking and transferring of payments to the Service Provider (this fee is referred to as “Fees”). You acknowledge that the final bill you receive may include additional charges, including without limitation, a safety fee, warranty fee, insurance fee, or Service Provider welfare fee.

• We shall notify you of the estimated Charges, Fees, and payment methods at the time of booking, if applicable to the Services opted for you. Generally, you may make payments for Services through credit cards, debit cards, net banking, wallets or  UPI either before or upon completion of the Service, as the case may be as aforesaid. We have the right to modify or restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion is not available to you as a payment method. For the avoidance of doubt, in the event you pay through the method of “payment upon completion”, you acknowledge that you will be required to pay both Charges and Fees. 

• Discounts: We may offer discounts or additional complimentary top-up amount, at our sole discretion, from time to time. Upon cancellation of any Service, you shall not be entitled to any benefit of the discount or additional complimentary amount and we may withdraw the benefit provided to you.. We do not offer bulk discounts on packaged services.

• Please note that the Charges are payable to Service Provider, and we act as a limited collection agent on behalf of such Service Provider to collect and transfer amounts due to them and to assist you in availing the Services provided by the Service Provider.

• Taxes: All final Charges and Fees are inclusive of applicable taxes.

• We reserve the right to amend the Charges and Fees at any time at our sole discretion. A change in Fees shall not impact any order that has been confirmed before the publication of the revised Fees on the Platform.

• Charges and Fees that you pay are final and non-refundable, unless otherwise determined by us or required by the applicable laws.

• You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of demand. We will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.

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Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. You have the right to choose the Payment Processor from a variety of Payment Processors available on the Platform. Processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any act of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor. Further, in case of refund of any payment by us, the same may be processed through a third-party Payment Processor, therefore, we do not control the time taken by such Payment Processor in transfer of any amount.

Please note that we do not accept cash as a method of payment. In case you pay any amount in cash to the Service Provider, the same shall be considered as tip/gratuity to the Service provider and you shall be liable to pay for the cost of Services used by you.

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Subscriptions: We may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide you with additional benefits, which may include the ability to avail discounted Services. You acknowledge that such subscription packages will be subject to additional terms conditions that will be deemed to form an integral part of these Terms.
 

We do not designate any portion of your payment as a tip to the Service Provider. You understand and agree that while you are free to provide additional payment as a gratuity/tip to any Service Provider who provides you with the Services, you are under no obligation to do so. Further, we do not take any responsibility for any payments made by you in the form of tip to the Service Provider. Further, you shall be liable to pay for the cost of Services used by you, irrespective of any tip amount paid directly to the Service Provider.

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CUSTOMER CONDUCT

We prohibit discrimination against Service Providers, including on the basis of race, religion, caste, origin, disability, sexual orientation, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Services based on any of these characteristics.
 

We request that you treat all Service Providers with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Services. Service Providers shall be entitled to refuse to perform the Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to the Services at our absolute discretion if you behave towards any Service Provider in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful. Also, we shall fully support the law enforcement agencies resulting out of any misconduct or acts done by you.

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You agree that you will be liable for discriminating against Service Providers or for any failure, intentional or otherwise, to provide the Service Providers a safe, clean, and appropriate location for them to perform the Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Provider to perform the Services or impact the Services Provider’s health, safety, or well-being.
 

You agree that you shall not compel or force the Service Provider to perform tasks that they may not be comfortable with.

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You agree that in the event a Service Provider behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of law, you shall be required to report such incident to the Grievance Officer at the earliest, but in any event within 48 (forty-eight) hours of the incident. We will investigate such matter internally and based on such investigation, necessary action shall be taken against the Service provider. Further, we shall fully support the law enforcement agencies resulting out of any misconduct or acts done by the Service Provider, if any complaint is filed by you. Under any circumstances whatsoever, we shall not be held responsible to file any complaint with the law enforcement agencies and if required, the complaint shall be filed at our sole discretion.
 

THIRD PARTY SERVICES

The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of third party that created or provided it and that use of such Third-Party Services is solely at your own risk.

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We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy and completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third party providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
 

YOUR RESPONSIBILITIES

You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services or use the Platform. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.

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You shall ensure that the Service Provider provides the services requested by you, under your supervision. In any circumstances whatsoever, the Company shall not be held liable for any damages or losses of any nature, if the services by the Service Provider are not performed under your supervision.

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You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under this Agreement.
 

In respect of the User Content, you represent and warrant that:
 

• you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under this Agreement;

• you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;

• the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;

• the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including right of publicity or privacy of any person or entity;

• the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;

• the User Content does not and shall not violate any third-party rights; and

• the User Content (a) does not belong to any other person to which you do not have any right; (b) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognizable offence, prevents investigation of any offence, or is insulting another nation, (c) is not defamatory, grossly harmful, blasphemous, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (d) otherwise offensive, objectionable, or restrict inhibits, any other person from using or enjoying the Services.

You shall not use the Services in any manner except as expressly permitted in this Agreement. Without limiting the generality of the preceding sentence, you shall not:
 

• infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;

• except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;

• use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke log spyware, adware, or any other harmful programs, or similar computer code, designed to adversely affect the operation of any computer soft or hardware;

• use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;

• engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory;

• use the Services in (a) any unlawful manner, (b) for fraudulent or malicious activities or (c) in any manner inconsistent with this Agreement;

• decompile, reverse engineer, or disassemble the Services;

• link to, mirror, or frame, any portion of all or any of the Services; or

• violate applicable laws in any manner.

• engage in any unethical acts (which acts shall be adjudged ethical or not, by us in our sole discretion)

• You warrant that you shall not engage in any activity that interferes with or disrupts the Services.

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You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Service, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.

You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach a Service Provider from whom you have availed the Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail the same services as or similar to the Services independently, without booking the Services through your Account. You acknowledge that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Providers and that this will preclude you from obtaining the same services as or similar to the Services through the Platform or other means and may delist the Service provider from the Platform. You further agree that any potential harm to Service Providers from the non-enforcement of this clause far outweighs any potential harm to you.

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INTELLECTUAL PROPERTY

All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited license to the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by us or our licensors.

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We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

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Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party intellectual property rights.

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TERM AND TERMINATION

This Agreement shall remain in effect unless terminated in accordance with the terms hereunder.
 

We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our discretion, (a) if you violate or breach any of the obligations, responsibilities, or covenants under this Agreement, (b) when you cease to become a user of Services, (C) you do not, or are likely not to qualify under applicable law, or our or our affiliates’ standards and policies to access and use Services, or, (ii) upon 30 (Thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.

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You may terminate this Agreement, at any time, for any reason by sending a notice to Book Your Guy
 

Upon termination of these Terms:

• your Account will expire;

• the Services will “time-out”; and

• these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.

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SERVICE DISCLAIMERS AND WARRANTIES
 

Platform and its Service Providers/suppliers and affiliates provide the services on "as is where is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.
 

No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.

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While we strive to provide accurate information about Services and Charges, pricing errors may occur from time to time.
 

You agree and acknowledge that we are merely a Platform that connects you with Service Providers, and we shall not be liable in any manner for obligations that have not been explicitly stated in these Terms. We are not liable or responsible for fulfilment of any bookings, for the performance of Services by any Service Provider, or for any acts or omissions of the Service Provider during their provision of the Services including damage they may cause to the property. By booking the Services through the Platform, you are entering into a contract with the relevant Service Provider for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of Service Provider’s performance, conduct or acts under that contract.

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You agree and acknowledge that a Service Provider has the right to refuse to perform a job or Service that the Service provider may not be comfortable with. You shall not force the Service Provider to perform a job. You may contact us if any Service provider refuses to perform a Service after order confirmation.  

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You agree and acknowledge that soliciting or receiving services from any Service Provider independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
 

We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service Provider.
 

You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
 

We will maintain a complaints management framework and will manage this framework on behalf of Service Provider in a reasonable manner and in accordance with the non-excludable requirements of relevant applicable laws.
 

To the fullest extent permissible by law, we, our affiliates, and our related parties, each disclaim all liability for any loss or damage arising out of, or due to:

• your use of, inability to use, or availability or unavailability of the Services;

• the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Server, communications failure, theft, destruction, or unauthorised access to our records, programs, services, servers, or other infrastructure relating to the Services;

• the failure of the Services to remain operational for any period of time; and

• the loss of any User Content and any other data in connection with your use of the Services.

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In no event shall we, our officers, directors, and employees, or our contractors, agents, licensors, partners, or suppliers, be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenue loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), even if we or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (a) the Terms, (b) the Services, (c) your use or inability to use the Services, or (D) any other interactions with another user of the Services.

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Limitation of Liability: To the maximum extent permitted by law, our liability shall be limited to the amount of commission/fee we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 1,000/- (Rupees Five Thousand). This limitation of liability includes any damages caused due to breakages, theft, mishaps, data privacy issues and any other issues that are outside our immediate control. In the case of an issue, you shall reach out to your nearest Police Station.

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INDEMNITY

You hereby indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services, use of the Services (including without limitation any damages to property, injury to a person or any other losses) or violation of these Terms, or any violation of these Terms by any third party who may use your Account.
 

GOVERNING LAW & DISPUTE RESOLUTION

In case of any disagreement or dispute or difference arising out of or relating to this Agreement between the Parties, the dispute shall be resolved in the manner as outlined hereunder.

The Parties shall make every effort to resolve the dispute amicably by direct informal negotiations between them on any matter connected with this Agreement or in regard to the interpretation thereof.
 

If, after fifteen (15) days from the commencement of informal negotiations, the Parties have not been able to resolve the dispute amicably, such dispute or difference shall be referred to a Sole Arbitrator to be appointed by us, whose award shall be final and binding on the parties. The Seat and Venue for such Arbitration shall be Bangalore (Karnataka) in India. Such Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended upto date) and shall be conducted in English language.

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This Agreement shall be governed by the laws of India applicable to the state of Karnataka and the Court at Bangalore shall have exclusive jurisdiction to adjudicate any dispute under this Agreement, subject to aforementioned Arbitration procedure.

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MISCELLANEOUS PROVISIONS

Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.

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Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
 

Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any to any party without any prior notice to you.

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Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
 

Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunication network, act of God, war, riot, civil commotion, lockdown, pandemic/epidemic, malicious damage, or compliance with any law or government order, rule, regulation, or direction.

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None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal-to-principal basis

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GRIEVANCE REDRESSAL

In the event if you feel that you have any concern related to the Terms, you may contact our Grievance Officer, who shall endeavor to redress the concern within 30 working days from the date of escalation.

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Any notice or communication that may be required to be given to us under these Terms or any Service-specific terms shared with you may be sent by writing or emailing to the following addresses: