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T&C General (Vendor)

This document outlines terms and conditions for vendors and partners using an online platform and mobile application for home services. Key points include: 1) Vendors must agree to the terms of service to access the platform. 2) Vendors must be at least 18 years old. 3) The platform connects customers with home service providers like appliance repair, pest control, and more. 4) Vendors must follow rules for acceptable use including not using the platform for illegal purposes. They must also pay commission fees set by the platform owner.

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0% found this document useful (0 votes)
70 views20 pages

T&C General (Vendor)

This document outlines terms and conditions for vendors and partners using an online platform and mobile application for home services. Key points include: 1) Vendors must agree to the terms of service to access the platform. 2) Vendors must be at least 18 years old. 3) The platform connects customers with home service providers like appliance repair, pest control, and more. 4) Vendors must follow rules for acceptable use including not using the platform for illegal purposes. They must also pay commission fees set by the platform owner.

Uploaded by

wotelo1344
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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TERMS AND CONDITIONS (Vendors / Partner )

THE AGREEMENT: The use of this mobile application (hereinafter referred to as


“Platform”) and services in this mobile application provided by Ivy Care services
(hereinafter referred to as “Owner”) having registered office at Babuganj, Jagannath
Ghat Lane, Landmark- Maurpankhi Ghat, PO & District- Hooghly, West Bengal, 712103,
& Ivy care services LLP having registered office at 1 No Peara bagan Road , near
whole sale co-operative , Po & Dist – Hooghly , Pin 712103, are subject to the following
Terms & Conditions (hereinafter the “Terms of Service”), all parts and sub-parts of which
are specifically incorporated by reference here. Following are the Terms of Service governing
your use of this mobile application of housecareonline.in (the “Website” & App /
Platform),

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE


SERVICES

Your access and use of the Services constitutes Your agreement to be bound by these Terms
of Service including those additional terms and conditions and policies references herein
and/or available on the Platform for specific Services, which establishes a contractual
relationship between You and the Owner.

1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner/Us/We: The Owner and affiliates of the Owner throughout these Terms of
Service will be referred to as Owner, Us, We, Our, Ours and other first-person
pronouns.
b) Customer/Client/Buyer: The Buyer or person ordering Services from the Platform
throughout these Terms of Service will be referred to as Customer, Client, Buyer.
c) You/Vendor/Partner/Service Provider/User: The service provider of any Service that
is ordered by the Customer shall be referred to as User, Vendor, Partner, Service
provider, You, Your, Yours, or by related pronouns.
d) Parties: Collectively, the parties to these Terms of Service will be referred to as
Parties.

2) ASSENT & ACCEPTANCE


By using or browsing the Platform, You warrant that you have read and reviewed these
Terms of Service and that You agree to be bound by it. You warrant that if You call on
the contact number of the Owner or the Platform that has been extracted by You from the
Platform, You have read and reviewed these Terms of Service and that You agree to be
bound by it. If You do not agree to be bound by these Terms of Service, please leave the
Platform immediately. The Owner only agrees to provide use of this Platform and Service
to You if You assent to these Terms of Service. Further, based on the Services obtained
by a User, additional terms and conditions in respect of the specific Services may apply,
which shall be deemed an agreement between the Users and the Owner.

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3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Platform or any Services
contained herein. By using this Platform, You represent and warrant that You are at least
18 (eighteen) years of age and legally agree to these Terms of Service. The Owner
assumes no responsibility or liability for any misrepresentation of Your age.

4) ABOUT THE PLATFORM


The Platform is a service provider that provides the following services:
a) Home Appliances Repair & Service
b) Pest control
c) Beauty care at home
d) Movers & Packers.
e) Electrician.
f) Plumber.
g) Nurse & Aya Service.
h) Interior Decoration.
i) Security Service.
j) Painting Service
k) Cleaning Services

The Users must read the Service Specific Terms of Service available on the Platform
before placing any order. We reserve the right to refuse Service on the Platform at our
sole discretion to anyone for any reason at any time.
The Platform does not screen or censor the Users who register on and access the Platform.
You assume all risks associated with dealing with other Users with whom You come in
contact through the Platform. You agree to use the Platform only for lawful purposes.

5) LICENSE TO USE PLATFORM


The Owner may provide You with certain information as a result of Your use of the
Platform or Services. Such information may include but is not limited to, documentation,
data, or information developed by the Owner, and other materials which may assist in
Your use of the Platform or Services (“Owner Materials”). Subject to these Terms of
Service, the Owner grants you a non-exclusive, limited, non-sublicenseable, non-
transferable and revocable license to use the Owner Materials solely in connection with
Your use of the Platform and Services. The Owner Materials may not be used for any
other purpose and this license terminates upon Your cessation of use of the Platform or
Services or at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the Platform or
download or copy any information by means of unsolicited access so as to communicate
directly with them or for any reason whatsoever.
Any unauthorised use by You shall terminate the permission or license granted to You by
the Platform and You agree that You shall not bypass any measures used by the Owner to
prevent or restrict access to the Platform.

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6) INTELLECTUAL PROPERTY
You agree that the Platform and all Services provided by the Owner are the property of
the Owner including all copyrights, trademarks, trade secrets, patents and other
intellectual property (“Owner IP”). You agree that the Owner owns all right, title and
interest in and to the Owner IP and that You will not use the Owner IP for any unlawful
or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way,
including electronically or via registration of any new trademarks, trade names, service
marks or Uniform Resource Locators (URLs), without express written permission from
the Owner.

7) USER OBLIGATIONS
As a User of the Platform or Services, You may be asked to register with Us. When You
register, You will choose a user identifier, which may be Your email address or another
term, and a password. You may also provide personal information, including, but not
limited to Your name. You are responsible for ensuring the accuracy of this identifying
information. This identifying information will enable You to use the Platform and
Services. You must not share such identifying information with any third party and if You
discover that Your identifying information has been compromised, You agree to notify
Us immediately in writing through email. You are responsible for maintaining the safety
and security of Your identifying information and keeping Us apprise of any changes to
Your identifying information. The billing information You provide Us, including but not
limited to credit card, billing address and other payment information is subject to the
same confidentiality and accuracy requirement as the rest of Your identifying
information. Providing false or inaccurate information, or using the Platform or Services
to further fraud or unlawful activity is grounds for immediate termination of these Terms
of Service. The Owner reserves the right to refuse service, terminate accounts, or remove
or edit content of the Platform in its sole discretion.

8) PAYMENT & FEES


The Vendor has to deposit security money with the Owner, which shall be discussed by
the Owner on one-to-one basis. Security money deposited shall be non-refundable.
The Vendor shall be liable to pay commission at the rate of percentage informed to him
by the Owner, on any service that it renders through this Platform.

9) ACCEPTABLE USE
You agree not to use the Platform or Services for any unlawful purpose or any purpose
prohibited under this clause. You agree not to use the Platform or Services in any way
that could damage the Platform, Services or general business of the Owner.
a) You further agree not to use the Platform or Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal
rights;
II) To violate any intellectual property rights of the Owner;

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III) To upload or otherwise disseminate any computer viruses or other software
that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or
discrimination towards any group;
VIII) To unlawfully gather information about other;
IX) For any unlawful purpose;
X) To solicit others to perform or participate in any unlawful acts;
XI) To infringe on any third party’s intellectual property or propitiatory rights, or
rights of publicity or privacy, whether knowingly or unknowingly;
XII) To violate any state, central or international law, statute, ordinance or
regulation;
XIII) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability;
XIV) To submit false or misleading information or any content which is defamatory,
libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or
lewd, and lascivious or pornographic, or exploits minors in any way or assists
in human trafficking or content that would violate rights of publicity and/or
privacy or that would violate any law;
XV) To upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the
Service, the Platform or of any related (the “Website” & App / Platform,
other websites, or the internet;
XVI) To interfere with or circumvent the security features of the Service, the
Platform or any related website, other websites, or the internet;
XVII) To collect or track the personal information of others;
XVIII) To damage, disable, overburden, or impair the Platform or any other party’s
use of the Platform;
XIX) To spam, phish, pharm, pretext, spider, crawl, or scrape;
XX) To personally threaten or has the effect of personally threatening other Users.

We reserve the right to terminate Your use of the Service and/or the Platform for
violating any of the prohibited uses. The Owner has full authority to review all content
posted by Users on the Platform. You acknowledge that the Platform is not responsible or
liable and does not control the content of any information that may be posted on the
Platform by Users of the Platform. Users are solely responsible for the information they
post on the Platform. You agree that You shall not upload, post, or transmit any content
that You do not have a right to make available (such as, the intellectual property of
another party).

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You agree to comply with all applicable laws, statutes, and regulations concerning your
use of the Platform and further agree that You will not transmit any information, data,
text, files, links, software, chats, communication or other materials that are abusive,
invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false,
misleading, harmful, threatening, hateful or racially or otherwise objectionable, including
without limitation material of any kind of nature that encourages conduct that could
constitute a criminal offence, give rise to civil liability or otherwise violate any applicable
state, central, or international law or regulation.

We may, but have no obligation to monitor, edit or remove content that We determine in
Our sole discretion are unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.

10) COMMUNICATION
You understand that each time You use the Platform in any manner, You agree to these
Terms of Service. By agreeing to these Terms of Service, You acknowledge that You are
interested in availing and purchasing the Services that You have selected and consent to
receive communications via phone or electronic records from the Platform including e-
mail messages telling You about the Services offered by the Platform or its affiliates and
partners and understanding Your requirements. Communication can also be by posting
any notices on the Platform. You agree that the communications sent to You by the
Platform shall not be construed as spam or bulk under any law prevailing in any country
where such communication is received.
You shall receive communication from Owner concerning the Customer allotted to You.
You are obliged to maintain information related to any Customer confidential.

11) AFFILIATE MARKETING & ADVERTISING


The Owner, through the Platform and Services, may engage in affiliate marketing
whereby the Owner receives a commission on or percentage of the sale of goods or
services on or through the Platform. The Owner may also accept advertising and
sponsorships from commercial businesses or receive other forms of advertising
compensation.

12) PRIVACY INFORMATION


Through Your use of the Platform and Services, You may provide Us with certain
information. By using the Platform or the Services, You authorize the Owner to use Your
information in India and any other country where We may operate.
a) Information We may collect or receive: When You register for an account, You
provide Us with a valid email address and may provide Us with additional
information, such as Your name or billing information. We shall collect information
input by You on the Platform and no other information or data shall be extracted from
the device used by You.

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b) How We use information: We use the information gathered from you to ensure Your
continued good experience on Our Platform, including through email communication.
c) How You can protect Your information: If You would like to disable Our access to
any information We receive, You may choose to disable Your account with Us.
Please be aware that the Owner will still receive information about You that You have
provided, such as Your email address. If You choose to terminate Your account, the
Owner may store some information about You for the future reference.

13) ASSUMPTION OF RISK


The Platform and Services are provided for communication purposes only. You
acknowledge and agree that any information posted on Our Platform in not intended to be
legal advice, medical advice, or financial advice, and no fiduciary relationship has been
created between You and the Owner. You further agree that Your purchase of any of the
Services on the Platform is at Your own risk. The Owner does not assume responsibility
or liability for any professional advice given on the Platform.

14) SALE OF GOODS/SERVICES


The Owner may provide Services or allow third parties to provide services through/on the
Platform. The Owner undertakes to be as accurate as possible with all information
regarding the Services. For the Services provided by other, the Owner assumes no
liability for any Services and cannot make any warranties about the quality of service. For
any claim You may have against a specific service provider, You agree to pursue that
claim directly with the service provider and not the Owner. You hereby release the Owner
from any claims related to services provided by third parties, including any and all
warranty claims.

We may restrict providing Services to any person, geographic region or jurisdiction at


Our sole discretion as We may decide on a case-by-case basis. If We cancel Your order,
We will contact the email and/or billing address/phone number provided at the time the
order was placed.

We take care to accurately display the text, price and description of Our Services, but We
do not guarantee that Your computer or phone screen’s display will be accurate. We also
do not provide any warranties that the quality of Services, information, or other material
purchased or obtained by You will meet Your expectation and standards, or that any
errors in the Service will be corrected. Prices and descriptions of Services are subject to
change at any time without notice, at Our sole discretion. We may remove or discontinue
any Service from our Platform without prior notice. Any offer for any Service made on
this Platform is void where prohibited.

We may provide You with access to third-party tools over which We neither monitor nor
have any control nor input. You acknowledge and agree that We provide access to such
tools “as is” and “as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability whatsoever arising

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from or relating to Your use of optional third-party tools. Any use by You of optional
tools offered through the Platform is entirely at Your own risk and discretion and You
should ensure that You are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).

15) REVERSE ENGINEERING & SECURITY


You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software
from or on the Platform or Services;
b) Violate the security of the Platform or Services through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to any
host, user or network.

16) DATA LOSS


The Owner does not accepts responsibility for the security of Your account or content.
You agree that Your use of the Platform or Services is at Your own risk.

17) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and
hold Us harmless against any and all legal claims and demands, including reasonable
attorney’s fees, which may arise from or relate to Your use or misuse of the Platform or
Services, Your breach of these terms of Service, or Your conduct or actions. You agree
that the Owner shall be able to select its own legal counsel and may participate in its own
defence if the Owner wishes.

18) ARBITRATION
In the event of any dispute arising in and out of these Terms of Service, it shall be
resolved by Arbitration. There shall be maximum of 3 Arbitrators which shall be
appointed by the Owner or mutually by the Parties. The venue of Arbitration shall be
Hooghly, West Bengal. The Arbitrators’ decision shall be final and will be binding on the
concerned Parties in the Arbitration.

19) SPAM POLICY


You are strictly prohibited from using the Platform or any of the Services for illegal spam
activities, including but not limited to gathering email addresses and personal information
from others or sending any mass commercial emails.

20) THIRD-PARTY LINKS & CONTENT


The Owner may occasionally post links to third-party websites or other services. You
agree that the Owner is not responsible or liable for any loss or damage caused as a result
of Your use of any third-party services linked to, from Our Platform.

21) MODIFICATION & VARIATION

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The Owner may, from time to time and at any time without notice to You, modify the
Terms of Service. You agree that the Owner has the right to modify the Terms of Service
or revise anything contained herein. You further agree that all modifications to the Terms
of Service are in full force and effect immediately upon posting on the Platform and that
modifications or variations will replace any prior version of the Terms of Service unless
prior versions are specifically referred to or incorporated into the latest modification or
variation of the Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or
invalid by any court of law, You agree that the prior effective version of these Terms
of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service to note modifications or
variations. You further agree to clear Your cache when doing so to avoid accessing a
prior version of these Terms of Service. You agree that Your continued use of the
Platform after any modification to these Terms of Service is a manifestation of Your
continues assent to the Terms of Service.
c) In the event that You fail to monitor any modifications to or variations of these Terms
of Service, You agree that such failure shall be considered an affirmative waiver of
Your right to review the modified Agreement.

22) ENTIRE AGREEMENT


This Agreement constitutes the entire understanding between the Parties with respect to
any and all use of this Platform. This Agreement supersedes and replaces all prior or
contemporaneous agreements or understanding, written or oral, regarding the use of this
Platform.

23) SERVICE INTERRUPTIONS


The Owner may need to interrupt Your access to the Platform to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that Your access to
the Platform may be affected by unanticipated or unscheduled downtime, for any reason,
but that the Owner shall have no liability for any damage or loss caused as a result of such
downtime.

24) TERM, TERMINATION, & SUSPENSION


The Owner may terminate these Terms of Service with You at any time for any reason,
with or without cause. The Owner specifically reserves the right to terminate these Terms
of Service if You violate any of the terms outlined herein, including but not limited to,
violating intellectual property rights of the Owner or a third-party, failing to comply with
applicable laws or other legal obligations, and/or publishing or distributing illegal
material. If You have registered for an account with Us, You may also terminate these
Terms of Service at any time by contacting Us and requesting termination. Any
outstanding fees will still be due even after termination of Your account. At the
termination of these Terms of Service, any clauses that would be expected to survive
termination by their nature shall remain in full force and effect.
The Owner has right to terminate Services or Your account in following instances:

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a) Misbehaviour towards Client by You.
b) Physical assault on Client by You.
c) Sharing direct contact number or making any commercial deal with Client.
d) Not paying the appropriate and agreed amount of commission to Owner for the
Service provided by You.
e) Committing any financial fraud or any kind of fraud.
f) Disobeying or acting in contradiction with Terms of Service mentioned here.
g) Non-performance of any warranty service or re-service as committed.
h) Poor customer review.
i) Non-payment of security money.

25) NO WARRANTIES
You agree that Your use of the Platform and Services is at Your sole and exclusive risk
and that any Services provided by Us are on an “as is” basis. The Owner hereby expressly
disclaims any and all express or implied warranties of any kind, including, but not limited
to the implied warranty of fitness for a particular purpose and the implied warranty of
merchantability. The Owner makes no warranties that the Platform or Services will meet
Your needs or that the Platform or Services will be uninterrupted, error-free, or secure.
The Owner also makes no warranties as to the reliability or accuracy of any information
on the Platform or obtained through the Services. You agree that any damage that may
occur to You, through Your computer system, or as a result of the loss of Your data from
Your use of the Platform or Services is Your sole responsibility and that the Owner is not
liable for any such damage or loss.

All information, software, products, services and related graphics are provided on this
Platform is “as is” and “as available” basis with without warranty of any kind, either
expressed or implied. The Platform disclaims all warranties, expressed or implied
including, without limitation, all implied warranties of merchantability, and fitness for a
particular purpose, title and non-infringement or arising from a course of dealing, usage,
or trade practice. The Owner makes no representation about the suitability of the
information, software, and Services contained on this Platform for any purpose, and the
inclusion or offering of any Services of this Platform does not constitute any endorsement
or recommendation of such Services.

The Platform makes no warranty that the use of the Platform will uninterrupted, timely,
secure, without defect or error. You expressly agree that use of this Platform is at Your
own risk. The Platform shall not be responsible for any content found on the Platform.

Your use of any information or materials on this Platform or otherwise obtained through
use if this Platform is entirely at Your own risk, for which We shall not be liable. It shall
be Your own responsibility to ensure that any Services or information available through
this Platform meet Your specific requirements.

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The Platform assumes no responsibility for the accuracy, currency, completeness or
usefulness of information, views, opinions or advice in any material contained on the
Platform. Any information of third-parties or advertisers is made available without doing
any changes and so the Platform cannot guarantee accuracy and is not liable to any
inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds,
images, text, files, video or other materials posted on, transmitted through, or linked from
the Platform, are solely the responsibility of the person from whom such Content
originated and the Platform does not control and is not responsible for content available
on the Platform.

There may be instances when incorrect information is published inadvertently on our


Platform or in the Service such as typographical errors, inaccuracies or omissions that
may relate to Service descriptions, pricing, promotions, offers, and availability. Any
errors, inaccuracies or omissions, may be corrected at our discretion at any time and we
may change or update information or cancel orders if any information in the Service or on
any related website is inaccurate at any time, without prior notice (including after You
have submitted Your order).

We undertake no obligation to update, amend or clarify information in the Service or on


any related (the “Website” & App / Platform), including without limitation, pricing
information, except as required by law. No specified update or refresh date applied in the
Service or on any related website should be taken to indicate that all information in the
Service or on any related website has been modified or updated.

The Platform shall not be responsible for any interaction between You and other Users of
the Platform. Under no circumstances will the Platform be liable for any goods, services,
resources or content available through such third party dealings or communications, or for
any harm related thereto. The Platform is under no obligation to become involved in any
disputes between You and other Users of the Platform or between You and any other
third parties. You agree to release the Platform from any and all claims, demands, and
damages arising out of or in connection with such dispute.

You agree and understand that while the Platform has made reasonable efforts to
safeguard the Platform, it cannot and does not ensure or make any representations that the
Platform or any of the information provided by You cannot be hacked by any
unauthorized third parties. You specifically agree that the Platform shall not be
responsible for unauthorized access to or alteration of Your transmissions or data, any
material or data sent or received or not sent or received, or any transactions entered into
through the Platform.

You hereby agree and confirm that the Platform shall not be held liable or responsible in
any manner whatsoever for such hacking or any loss or damage suffered by You due to
unauthorized access of the Platform by third parties or for any such use of the information
provided by You or any spam messages or information that You may receive from any

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such unauthorized third party (including those which are although sent representing the
name of the Platform but have not been authorized by the Platform) which is in violation
or contravention of this Terms of Service or the Privacy Policy.

You specifically agree that the Platform is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other party or any
infringement of another’s rights, including intellectual property rights. You agree that the
Platform is not responsible for any content sent using and/or included in the Platform by
any third party. You will be solely responsible for any damages Your computer system or
loss of data that results from the download of any information and/or material.

The Platform has no liability and will make no refund in the event of any delay,
cancellation, strike, force majeure or other causes beyond their direct control, and they
have no responsibility for any additional expense, omissions, delays, or acts of any
government or authority.

In no event shall the Platform or the Owner be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever including, without
limitation, damages for loss of data or profits, arising out of or in any way connected with
the use or performance of the Platform, with the delay or inability to use the Platform or
related Services, the provision of or failure to provide Services, or to deliver the products
or for any information, software, products, Services and related graphics obtained through
the Platform, or any interaction between You and other Users of the Platform or
otherwise arising out of the use of the Platform, damages resulting from use of or reliance
on the information present, whether based on contract, tort, negligence, strict liability or
otherwise, even if the Platform or any of its affiliates/suppliers has been advised of the
possibility of damages. If despite the limitation above, the Owner is found liable for any
loss or damage which arises out of or in any way connected with use of the Platform
and/or provision of Service, then the liability of the Owner will in no event exceed 50%
(fifty percent) of the amount You paid to the Owner in connection with such
transaction(s) on this Platform.

You accept all responsibility for and hereby agree to indemnify and hold harmless the
Owner from and against, any actions taken by You or by any person authorized to use
Your account, including without limitation, disclosure of passwords to third parties. By
using the Platform, You agree to defend, indemnify and hold harmless the indemnified
parties from any and all liability regarding Your use of the Platform or participation in
any Platform’s activities. If You are dissatisfied with the Platform, or the Services or any
portion thereof, or do not agree with these terms, Your only recourse and exclusive
remedy shall be to stop using the Platform.

26) LIMITATION ON LIABILITY


The Owner is not liable for any damages that may occur to You as a result of Your use of
the Platform or Services, to the fullest extent permitted by law. The maximum liability of

11
the Owner arising from or relating to these Terms of Service shall be limited to 50% (fifty
percent) of the cost of Service(s) availed by the User. You agree and acknowledge that
the Owner shall not be liable to You for any kind of indirect, consequential, punitive and
special damages occurred due to use of this Platform or Services.

27) GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to these Terms of


Service shall be in the English language.

b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the


Platform or Services, You agree that the laws of India shall govern any matter or
dispute relating to or arising out of these Terms o Services, as well as any dispute of
any kind that may arise between You and the Owner, with the exception of its conflict
of law provisions. In case any litigation is initiated related to these Terms of Service,
the Parties agree to submit to the exclusive jurisdiction of the courts at Hooghly,
India. The Parties agree that this choice of law, venue, and jurisdiction provision is
not permissive, but rather mandatory in nature. You hereby waive the right to any
objection of venue.

c) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or


unenforceable by a court of law or competent arbitrator, the remaining parts and sub-
parts will be enforced to the maximum extent possible. In such condition, the
remainder of these Terms of Service shall continue in full force.

d) NO WAIVER: In the event that We fail to enforce any provision of these Terms of
Service, this shall not constitute a waiver of any future enforcement of that provision
or of any other provision. Waiver of any part or sub-part of these Terms of Service
will not constitute a waiver of any other part or sub-part.

e) HEADINGS FOR CONVENIENCE ONLY: Headings or parts and sub-parts under


these Terms of Service are for convenience and organization only. Headings shall not
affect the meaning of any provisions of these Terms of Service.

f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,


or joint venture has been created between the Parties as a result of these Terms of
Service. No party has any authority to bind the other to third parties.

g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications


are permitted to all Parties under these Terms of Service, including email or fax. For
any questions or concerns, please email Us at the following address:
housecare.online@gmail.com

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For any questions, concerns, or disputes, You agree to contact Us in a timely manner to the
mentioned contact.
Name: Rajdeep Jaiswal
Contact Number: 9903550507 / 7890333300
Email: housecare.online@gmail.com
Include -

Data Collection - We collect information Like -

Pan

Addhar

Ration card

Driving License

Bank account details

Registration Cancellation.

1. If any Service partner does not pay our dues in commission, we can
file a complaint against him / her.
2. any committed warranty or service committed by service partner
does not provide the same to customer hey will be legally liable to
us.
3. Bad Customer review.
4. Customer complaints.

Part – 2

The following Terms of Service are in furtherance of the general Terms & Conditions
available on mobile application of housecareonline.in (the “Platform”). You shall be
deemed to accept the general Terms of Service and Terms mentioned below if You order any
Services from the Platform.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING ANY CLIENT

Definitions
The parties referred to in these Terms of Service shall be defined as follows:

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a) Owner/Company/HousecareOnline: The Owner and affiliates of the Owner through-
out these Terms of Service will be referred to as Owner, Company, HousecareOnline,
Us, We, Our, Ours and other first-person pronouns.
b) Customer/Client/Buyer: The Buyer or person ordering Services from the Platform
throughout these Terms of Service will be referred to as Customer, Client, or Buyer.
c) You/Vendor/Partner/Service Provider: The service provider of any Service that is
ordered by the Customer shall be referred to as Vendor, Partner, Service provider,
You, Your, Yours, or by related pronouns.
d) Parties: Collectively, the parties to these Terms of Service will be referred to as
Parties.

Electrical / Carpentry / Gadget / Appliance Repair Service


1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. You may provide the Customer with a warranty or guarantee if it has been provided
by the manufacturer on the spare parts. These benefits shall be provided to the Cus-
tomer at their request. Please provide them with a bill, if such requests are taken up by
You.
3. After the successful discharge of the services, the repaired appliance shall only be in-
sured up to the amount of the repair, or amount mentioned on the bill provided by
You, or the depreciated value.
4. You shall be provided with additional charges on the appliance repaired by You if a
follow-up service is ordered.
5. The Customer shall be provided with a 0 (zero)-day warranty on all the repair services
provided. This shall exclude the warranty/guarantee on the spare parts.
6. You are not liable for the Customer’s belongings and valuables. However, after the
completion of the services, please make sure to wait until the Customer checks the
premises.
7. In furtherance of Our Company’s policy, before leaving the premises, You are sup-
posed to allow the Customer to physically check your bag along with all Your per-
sonal belonging. This shall be used as a precautionary measure for both parties.
8. Please make sure to have a supervisor appointed by the Customer at all times. You
shall be handling fragile items under their supervision.
9. In case any modification/alteration to a package is required by a Customer, the details
shall be sent to You. These changes shall be applicable only after Your acceptance.
10. Any cancellation or re-scheduling of service should be informed 2 (two) days prior to
the date allotted to the Customer for the service. Cancellation charges may be applic-
able on certain transactions.
11. The advance amount paid for the services is non-refundable.

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12. In any case, You may only defer the services by 1 to 2 hours based on road congestion
or other travel issues.
13. Our company is dedicated to providing the customer with the best services. Therefore,
if any Customer is unhappy with the quality of the service or any specific task, please
make sure to resolve the matter at the earliest and before leaving the premises.

Beauty
1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. You are expected to carry all necessary equipment for the Services. The Customer
will only provide you with heated water. Do not ask the Customer for any additional
products or equipment.
3. Please do not commit/omit to do any act that is contrary to the model adopted by You
in course of rendering Services at the request of the Customer.
4. Please make sure to check with the Customer about any allergies or skin problems
they may have due to any product/class of products to prevent any medical emer-
gency.
5. You are not liable for the Customer’s belongings and valuables. However, after the
completion of the services, please make sure to wait until the Customer checks the
premises.
6. In furtherance of Our Company’s policy, before leaving the premises, You are sup-
posed to allow the Customer to physically check your bag along with all Your per-
sonal belonging. This shall be used as a precautionary measure for both parties.
7. Please make sure to have a supervisor appointed by the Customer at all times.
8. In case any modification/alteration to a package is required by a Customer, the details
shall be sent to You. These changes shall be applicable only after Your acceptance.
9. Any cancellation or re-scheduling of service should be informed 2 (two) days prior to
the date allotted to the customer for the service. Cancellation charges may be applic-
able on certain transactions.
10. In any case, You may only defer the services by 1 to 2 hours based on road congestion
or other travel issues.
11. Our company is dedicated to providing the customer with the best services. Therefore,
if any Customer is unhappy with the quality of the service or any specific task, please
make sure to resolve the matter at the earliest and before leaving the premises.

Pest Control
1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. Please make sure to carry valid proof of Your license for Pest Control services at all
times.
3. Please request the Customer to make sure that children, pets and elderly people stay
away from the treated area.

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4. You are supposed to take a physical tour of the premises before allotting the final rate
for the services to the Customer based on the dimensions of their premises.
5. You are not liable for the Customer’s belongings and valuables. However, after the
completion of the services, please make sure to wait until the Customer checks the
premises.
6. In furtherance of Our company’s policy, before leaving the premises, You are sup-
posed to allow the Customer to physically check your bag along with all your per-
sonal belonging. This shall be used as a precautionary measure for both parties.
7. Please make sure to have a supervisor appointed by the Customer at all times.
8. In case any modification/alteration to a package is required by a Customer, the details
shall be sent to you. These changes shall be applicable only after Your acceptance.
9. Any cancellation or re-scheduling of service should be informed 2 (two) days prior to
the date allotted to the customer for the service. Cancellation charges may be applic-
able on certain transactions.
10. In any case, You may only defer the services by 1 to 2 hours based on road congestion
or other travel issues.
11. Our Company is dedicated to providing the customer with the best services. There-
fore, if any Customer is unhappy with the quality of the service or any specific task,
please make sure to resolve the matter at the earliest and before leaving the premises.

Cleaning Services
1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. Before initiating the services, please make sure to take a physical tour of the premises
to confirm the areas that shall be included or excluded from the services that the Cus-
tomer has availed.
3. The Customer is mandated to send video/photos of the premise they want the services
for through WhatsApp on 7890333300.
4. You are supposed to take a physical tour of the premises before allotting the final rate
for the services to the Customer based on the dimensions of their premises.
5. Please note that the Customer shall provide You with old fabric/wall scrubber/toilet
brush/ladder etc. as per the package they opt for. Kindly do not use old towels for
cleaning due to hygiene issues.
6. You may request the customer to vacant any area required for deeper cleaning.
7. You are not liable for the Customer’s belongings and valuables. However, after the
completion of the services, please make sure to wait until the Customer checks the
premises.
8. In furtherance of Our Company’s policy, before leaving the premises, You are sup-
posed to allow the Customer to physically check your bag along with all your per-
sonal belonging. This shall be used as a precautionary measure for both parties.
9. Please make sure to have a supervisor appointed by the Customer at all times.
10. In case any modification/alteration to a package is required by a Customer, the details
shall be sent to you. These changes shall be applicable only after Your acceptance.

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11. Any cancellation or re-scheduling of service should be informed 2 (two) days prior to
the date allotted to the Customer for the service. Cancellation charges may be applic-
able on certain transactions.
12. In any case, You may only defer the services by 1 to 2 hours based on road congestion
or other travel issues.
13. Our Company is dedicated to providing the customer with the best services. There-
fore, if any Customer is unhappy with the quality of the service or any specific task,
please make sure to resolve the matter at the earliest and before leaving the premises.

Movers and Packers


1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. Once the Customer has purchased the package, You give Us consent to share Your
contact details with the Customer.
3. You will be required to inspect all items that need to be packed and/or moved, to
communicate the estimated cost of such service to the Customer. Only after the Cus-
tomer has accepted the estimated cost offer, You shall render the Services.
4. You will be liable to fully refund the Customer, in case of any cancellation from Your
end, due to a reason not attributable to the Customer’s acts or omissions.
5. You are not obliged to wait for more than 30 (Thirty) minutes at the Service premises.
Waiting charges of Rs. 2000/- (Rupees Two Thousand) per hour will be applicable
and payable to You, in case the Service does not start at the scheduled time, subject to
Your availability after the delay.
6. Any cancellation or re-scheduling of service should be informed 2 (two) days prior to
the date allotted to the Customer for the service. Cancellation charges may be applic-
able on certain transactions.
7. You are not liable for the Customer’s belongings and valuables. However, after the
completion of the services, please make sure to wait until the Customer checks the
premises.
8. In furtherance of Our Company’s policy, before leaving the premises, You are sup-
posed to allow the Customer to physically check your bag along with all your per-
sonal belonging. This shall be used as a precautionary measure for both parties.
9. Please make sure to have a supervisor appointed by the Customer at all times.
10. In case any modification/alteration to a package is required by a Customer, the details
shall be sent to you. These changes shall be applicable only after Your acceptance.
11. The Customer shall be bound by Your terms and conditions, whether in writing or
not. These may include, without limitation, the inventory list, method of packing (fra-
gile items, non-fragile items, and electronic equipment), insurance policy, delivery,
timelines, storage, assembling and disassembling (if done), and any guidelines with
respect to local and outstation delivery.
12. You have to mention to the Client about any extra charge that may apply if they want
any service that is not included in the package ordered by the Client.

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13. It will be Your duty to explicitly inform the Customer about Your terms/policies at
the time of the inspections of the items. After the terms/policies have been provided to
the Customer. If Customer continues to avail Your service after knowing such terms/
policies, it shall be deemed that the Customer has accepted Your terms/policies.
14. In case the Client opts for the extension of the services, then You shall be liable to in -
form the new revised cost at Your discretion to the Client.
15. In the event of the service, if Customer faces any loss or damages due to any incid-
ental, special, consequential or accidental act/omission on Your part, then We shall
not be liable. All transactions between You and the Client shall be as an independent
third party.
Notwithstanding the above, the total liability of HousecareOnline, if any, shall not
exceed Rs. 1000 (rupees one thousand only).
16. Our Company is dedicated to providing the customer with the best services. There-
fore, if any Customer is unhappy with the quality of the service or any specific task,
please make sure to resolve the matter at the earliest and before leaving the premises.
17. The Customer is liable for Your safety and Your personnel when You are on service.
You are supposed to take the necessary steps for the same.
18. If applicable to the Customer, please provide them with material insurance. We shall
be free from any liability arising from the insurance between You and the Customer.

Nurse and Ayaa


1. Please keep a xerox of Your identification document and other important documents
as the Customer may ask You for identification documents.
2. If during the services, any act/omission takes place by You or if any medical emer-
gency takes place, then We shall not be liable.
3. You should not take any direct payments from the Customer. We shall not be liable
for any payment that is made without Our knowledge.
4. You are not liable for the Customer’s belongings and valuables. However, after the
completion of the services, please make sure to wait until the Customer checks the
premises.
5. In furtherance of Our Company’s policy, before leaving the premises, You are sup-
posed to allow the Customer to physically check your bag along with all your per-
sonal belonging. This shall be used as a precautionary measure for both parties.
6. Please make sure to have a supervisor appointed by the Customer at all times.
7. In case any modification/alteration to a package is required by a Customer, the details
shall be sent to you. These changes shall be applicable only after Your acceptance.
8. Any cancellation or re-scheduling of service should be informed 2 (two) days prior to
the date allotted to the Customer for the service. Cancellation charges may be applic-
able on certain transactions.
9. In any case, You may only defer the services by 1 to 2 hours based on road congestion
or other travel issues.
10. Our Company is dedicated to providing the customer with the best services. There-
fore, if any Customer is unhappy with the quality of the service or any specific task,
please make sure to resolve the matter at the earliest and before leaving the premises.

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Interior Decoration, Construction and Renovation
1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. We shall act as a project supervisor wherein the services that are required shall be
provided by Our platform. A Project Partner shall be appointed by Us who shall be
responsible for all the services that shall be provided. The Project Partner may be an
independent contractor, architect or any other person whom We deem to be suitable
for the position.
3. We reserve the right to modify the payment terms, project cost, timelines, handover
date, specifications, material required and any other relevant matter to accommodate
any changes that have been requested by the Customer. These rights shall also be re-
served in case of any other circumstances that are not under Our or the Service pro -
vider’s control.
4. Other than as expressly agreed to and to the fullest extent permissible under applic-
able law, We disclaim all liabilities, warranties, express or implied.
5. In the event of the service, if the Client face any loss or damages due to any incid-
ental, special, consequential or accidental act/omission on Your part, then We shall
not be liable. Further, We specifically disclaim any liability with respect to any no-
tices or claims received from governmental/regulatory authorities with respect to the
construction at the premises. Notwithstanding the above, the total liability of House-
careOnline, if any, for any reason whatsoever, shall not exceed the commission re-
ceived by it from the Service provider.
6. The Customer is liable for Your safety and Your personnel when You are on service.
You are supposed to take the necessary steps for the same.
7. You should not take any direct payments from the Customer. We shall not be liable
for any payment that is made without Our knowledge.
8. We shall not be liable for any service carried out without Our knowledge by mutual
agreement between You and the Customer.
9. We reserve the right to make changes to any part of these Terms of Service at any
point in the future.

Security Services
1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. You shall provide the Client with the security guard and related services. A detailed
description of the Services that shall include the specific number of security officers
per area and per shift; the hours of coverage; the number of supervisory or other man-
agement personnel deployed to oversee the performance of the Services; and the cur-
rent hourly rate(s) of the applicable personnel shall be provided by You to the Client.
3. Unless otherwise stated, You shall furnish, at Your sole expense, the uniforms, equip-
ment, vehicles, supplies and other materials used by all security officers employed by

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You to perform the Services. The Client shall provide You with access to the extent
necessary for the performance of the Services.
4. The Services shall be rendered in a professional manner consistent with first-class se-
curity services, and in a manner that is courteous and polite to the public to the extent
possible under the circumstances. All Services shall be rendered so as to comply with
applicable laws, rules and regulations, including without limitation any rules or regu-
lations promulgated by any lawful governmental authority.
5. Please keep a xerox of Your identification document and other important documents
as the Customer may ask You for identification documents.

Painting Services
1. HousecareOnline is an intermediary platform that connects You to a Customer. You
render the Services to the Customer directly. We, therefore, hold no liability against
You.
2. The services provided by Us includes painting advisory comprising measurement of
the area of the house to be painted, evaluation of the surface to be painted and recom-
mendation of a suitable painting system, providing of a preliminary estimate and in-
troduction of a trained painting contractor to the Customer.
3. A painting work comprises surface preparation, application of primers or priming and
application of finish coats. The quality of the service shall depend on the quality of
the wall, the brickwork, the mortar and the cement used, the presence of moisture,
pollutants, salt petre, etc. For example, if there is seepage of water from any source,
painting work will not be successful.
4. You shall make all reasonable efforts to inspect any issue before commencing any
work.
5. During the course of the job, You may, as per the scope of the job and wherever re-
quired, utilize automatic tools such as multi-mixers, handheld sanders, auto rollers,
etc. for the purpose of fast and trouble-free execution of the work. There may be in-
stances where the application of one or more of such equipment is not required.

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