Terms & Conditions
Last Updated: 1st May , 2023
- The Terms establish a legally binding and enforceable agreement between Fifthridge ServiceOCity Private Limited (a company incorporated under the Companies Act, 2023, with its registered address located at 1st Floor, Shree Narayana Tower, Outer Ring Rd, Jakkasandra, 1st Sector, HSR Layout 5th Sector, Bengaluru, Karnataka 560102) and its affiliates (“SC,” “we,” “us,” or “our”) and you, an independent third-party service provider (“you” or “Partners”) who will be using the Services. By utilizing the Services, you represent and warrant that you possess the full legal capacity and authority to accept and be bound by these Terms. If you represent any other person, you acknowledge and certify that you have the necessary power and authority to legally bind such individual to these Terms.
- We may offer you a translated version of the Terms in languages other than English for your convenience. Nevertheless, in the event of any inconsistency or divergence between the Terms composed in English and a translated version of the Terms in a language other than English, the English version of the Terms will take precedence.
- Your use of the Services indicates that you have read, comprehended, and accepted these Terms, which may be updated periodically, and that you will comply with the obligations set forth herein. These Terms replace any prior written agreements with you. If you disagree with these Terms, or fail to comply with the obligations outlined herein, please refrain from utilizing the Services.
a) The Services comprise of the Platform, which allows you to offer diverse home-based services to Customers registered on the Platform. As part of the Services, SC offers the following: (i) assists you in determining the amounts payable by Customers for the services you provide, (ii) enhances the efficiency and utilization of your time while you use the Services, (iii) takes measures to optimize your earning potential by using the Services, and (iv) facilitates the transfer of payments from Customers for the services you provide and collects payments on your behalf. The Services are provided under various brands that are either owned by or licensed to SC or its affiliates.
b)The services you provide are designated as “Pro Services,” and they are not included in “Our Services.” SC is not accountable for the provision of Pro Services. Service Professionals, including you, are not employees, agents, contractors, or partners of SC or its affiliates. Service Professionals do not have the authority to legally bind or represent SC. As a Service Professional, you bear full responsibility and accountability for the Pro Services you provide or offer through the Platform.
c) The Platform is exclusively for commercial use and is intended for use only within the boundaries of India.
d) An essential component of the Services is SC’s ability to send you text messages, including those associated with your bookings, use of the Service, or as part of its promotional and marketing initiatives. Although you may choose to opt out of receiving these text messages by contacting SC at email@example.com, you acknowledge and agree that doing so may impact SC’s ability to provide you with the Services (or a portion of the Services).
e) Before you can use certain portions of the Services and provide Pro Services through the Platform, you must attend an orientation program at your local SC office to learn (i) how the Platform functions, and (ii) ways to optimize your earning potential on the Platform. By agreeing to these Terms, you commit to attending such orientation program(s).
- To use the Platform and offer Pro Services, you must create an Account by providing certain information and documents, such as your name, phone number, address, age, valid government-issued identification, trade licenses, and necessary government approvals to offer Pro Services legally. You must be at least 18 years old to create an Account. Additionally, you are required to make a security deposit when creating your Account, which will be refunded to you within 30 days of termination of these Terms, subject to deduction of any amounts owed to SC based on your category of Pro Services.
- By creating an Account on the Platform, you confirm that all information provided by you is true and accurate, and you agree to keep this information up-to-date. If there are any changes or modifications to the information provided, you agree to promptly update the information on the Platform.
- As a condition for using the Services and providing Pro Services through the Platform, you acknowledge and agree that SC may conduct background verification checks on you through third-party service providers, at your own cost, to fulfill due diligence and safety requirements. This includes verifying your information, such as your name, phone number, address, age, and government-issued identification. SC may also conduct background verification checks periodically at its discretion and at your own cost. If you register on the Platform before the completion of the background verification process, your registration will be subject to your background verification report meeting SC’s standards, as determined in accordance with applicable laws and its internal policies. You understand that your use of the Services and ability to offer Pro Services on the Platform is contingent upon your background verification report meeting SC’s standards, and that SC takes commercially reasonable efforts to conduct such verifications but is not responsible or liable for ensuring your safety, security, and welfare as a Service Professional or the Customers’.
- You are strictly limited to owning, operating, and possessing only one Account. In the event that SC discovers or determines that you have more than one Account, it reserves the right to revoke your access to the Platform and Services without providing any prior notice.
- It is your responsibility to keep your password secure and confidential, and you must inform us immediately if you become aware of any unauthorized access or use of your Account or any other security breach related to your Account. You agree that only you have the right to access your Account and that you will not share your login information with any other person. If SC determines that you have shared your login information with another person or allowed someone else to access and use your Account, it may suspend or terminate your access to the Services without notice.
- The accountability for all activities that occur through your Account lies solely with you. Any unauthorised access to your Account will not be our liability.
- You consent to receiving various types of communication from us related to the Services, including (i) information regarding our company and the Services offered, (ii) promotional offers and services provided by us or our third-party partners, and (iii) any other issues relevant to the Services.
4. BOOKING AND CREDITS
- The Platform allows you to receive Leads for the Pro Services you offer, based on your availability. In order to confirm a request, you must follow the instructions provided on the Platform and provide all necessary information.
- The order of importance for determining your ranking on the Platform is as follows, in descending order:
- Your ratings on the Platform;
- Your location; and
iii. The number of Leads you have already accepted.
- SC Credits and Pre Deposits:
- You must ensure that you have a sufficient balance of SC Credits to access certain parts of the Services, which will be credited to your Account upon payment by you. If you do not have the required credits, your use of the Services may be affected. Additionally, SC reserves the sole right to charge additional fees for (A) providing Leads in specific market segments or (B) providing additional Services, as determined at its discretion.
- To be eligible to receive leads, you must make a Pre-Deposit of a predetermined amount of SC Credits with SC. Only after making the Pre-Deposit will you receive the information necessary to connect with a customer. The amount of the Pre-Deposit will be determined based on the total value of the lead(s) and may be a fixed amount or a percentage of the total value. The amount of the Pre-Deposit for the specific Pro Services you offer to the customer will be communicated to you before the lead is shared or periodically.
- You agree and authorize SC to deduct certain amounts from payments made by your customers to ensure the maintenance of the Pre-Deposit.
- From time to time, you can utilize SC Credits to procure goods and services that are offered to you by SC.
- Promotions, and Subscription Packages:
- SC has the sole discretion to issue SC Credits to your Account without any charge and create promotional codes that can be redeemed for Account credits or other related benefits of the Services (“Promo SC Credits”), subject to any additional terms that SC may impose and inform you about from time to time. You agree that Promo SC Credits (A) cannot be duplicated, sold or transferred to any person other than yourself, (B) may be disabled by SC at any time without any liability to SC, (C) cannot be exchanged for cash, and (D) may expire before you have the chance to use them.
- SC may, at its sole discretion, offer subscription packages or schemes (by any name) and/or minimum business guarantees to you based on factors such as your ratings and reviews by customers. You can purchase these packages or schemes with SC Credits, and in return, you may receive certain benefits, such as priority lead allocation and lower convenience fee deductions. These packages, schemes, and guarantees will be subject to additional terms and conditions.
- If SC fails to provide you with the minimum number of preferential service requests as agreed upon in the minimum guarantee scheme, you will be compensated for the shortfall, provided you meet the conditions that were communicated to you at the time of the purchase of the scheme or prior to it.
- If you are unable to fulfill the requirements that were agreed upon before you purchased the minimum business guarantee, SC may:
- Charge a penalty amount for the minimum number of service requests that you were unable to accept.
- Terminate such an arrangement in the event of any customer experience-related issue or other conditions.
- By accepting the minimum business guarantee and subscription packages, you acknowledge that SC offers these to improve (A) your access to leads and (B) the customer experience of the services. However, it is important to note that SC is not responsible for the provision of the pro services under these schemes.
- Schemes based on service professionals’ performance: SC reserves the right to introduce schemes for high performing service professionals to receive preferential leads as described above. The criteria for determining a service professional’s performance may include but are not limited to feedback from customers, the proportion of leads accepted, and other parameters that may be communicated to you from time to time.
- If SC reasonably believes that the usage of SC Credits or Promo SC Credits was in error, fraudulent, illegal, or in violation of the applicable promo code terms or these terms, SC may withhold or deduct SC Credits or Promo SC Credits.
- Helpers or Assistants: You agree and acknowledge that:
- Without express permission from SC, you are prohibited from enlisting the help of another individual to assist you in providing the Pro Services (“Helper”). You will be fully responsible for all actions and inactions of the Helper you have enlisted. The following conditions shall apply if you decide to appoint a Helper:
- The Pro Services category must allow for the use of Helpers as permitted by SC
- The Helper must be registered on the Platform as your Helper, and you may be required to provide certain documentation and information for verification purposes, which will be at your expense;
- The Helper must be at least 18 years old at the time of registration;
- For safety reasons, the Helper must be of the same biological sex as you;
- The Helper must be legally authorized to assist you in providing the Service to the Customer; and
- Any additional terms and conditions set forth by SC from time to time must be followed.
- You are not allowed to use more than one Helper while providing a Pro Service to a Customer, unless SC has specified otherwise.
- You are required to be present in person and accompany the Helper at all times while providing Pro Services to a Customer.
- If the Helper is found to have committed any illegal or fraudulent activity while providing the Pro Services, SC reserves the right to take legal action against the Helper and terminate your engagement with SC. You agree to cooperate with SC in any legal action taken against the Helper.
- You acknowledge and agree that the Helper is not an employee, agent, or representative of SC, and SC shall not be responsible or liable for the Helper’s acts or omissions.
- The compensation for the Helper shall be solely your responsibility and you shall pay them as per the terms and conditions agreed upon between you and the Helper. SC will not be liable to compensate the Helper for the provision of the Pro Services or for any expenses incurred by them while assisting you in the provision of the Pro Services. Additionally, SC will not be liable to provide you any extra compensation for engaging a Helper.
- Although you may engage a Helper to assist you in providing the Pro Services, it should not be considered as a transfer or delegation of your responsibilities under these terms. Your obligations under these Terms remain your primary responsibility, and you will be held liable for any breaches or non-compliance with the terms, regardless of the engagement of a Helper.
- To avoid any confusion, it is explicitly stated that nothing in these Terms can be interpreted as SC promoting, endorsing, or opposing the idea of you employing a Helper.
USE OF RECOMMENDED PRODUCTS
- SC may suggest specific products that you could use while delivering Pro Services to ensure compliance with safety and quality standards. These products can be purchased from SC or any other provider of your choice. It is not mandatory to purchase products from SC, and you have the freedom to procure them from other vendors, but it is your responsibility to make sure that the products comply with the safety and quality parameters recommended by SC.
- In order to maintain safety and quality standards, SC may suggest certain products for you to use when delivering Pro Services. While you are not required to purchase these products exclusively from SC, if you choose to purchase them from another vendor, you must ensure that they comply with SC’s recommended safety and quality standards. If SC suspects that you have deviated from the recommended product list, it may take appropriate action such as reducing your SC Credits, increasing the convenience fee, or implementing other measures as needed to preserve the integrity of the Platform. If you do purchase the recommended products from SC, you agree to only use them for providing Pro Services through the Platform and for no other purpose.
- SC offers ServiceOCity Brand Collateral for purchase to enhance trust and safety with customers when providing Services. Although it is not compulsory to purchase the Brand Collateral from SC, it is recommended to do so to promote trust and safety while fulfilling service requests from customers.
PRICING, PAYMENT TERMS, AND TAXEX
- After you have provided your Pro Services to the Customers through the Services, SC will assist in facilitating the payment of the amount owed by the Customer to you. SC acts as your limited payment collection agent for this purpose, and the payment made by the Customer in this manner is considered as if it was made directly to you. You authorize SC to collect and process payments on your behalf, and these payments will include any applicable taxes required by law. The payments made by the Customer to you are generally final and cannot be refunded, except if otherwise determined by SC according to these Terms.
- To clarify, SC charges a convenience fee for providing its online marketplace services to users. If a customer pays online, SC will retain the convenience fee from the amount received online and remit the balance, along with your pre-deposit, to you. If a customer pays you and the convenience fee in cash, SC will adjust the convenience fee collected by you from the pre-deposit amount.
- The terms state that if you cancel a service request accepted from a customer, SC has the right to decide whether to refund the Pre-Deposit to you or not. If SC decides not to refund the Pre-Deposit, you agree to relinquish your right to claim any refund of the Pre-Deposit.
- You acknowledge that SC may provide Business Advances to you upon your written request and subject to reasonable terms and conditions. If you avail of a Business Advance, you will be liable to repay it to SC as per the pre-agreed repayment schedule, and SC may deduct the relevant amounts towards repayment from your SC Credits or pay-outs.
- You authorize SC to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (NBFCs) for loans availed by you from such NBFCs for offering Pro Services on the Platform. You also authorize SC to deduct charges for any other facilities or services provided by SC, such as safety equipment, payment aggregators, penalties or fines, on boarding fees, demand surcharge, cancellation fees or late fees, from payments due to you. Customers’ payments will be paid to you net of the deductions. SC does not provide loans or credit facilities and merely operates the Platform to facilitate your application to avail credit facilities from NBFCs.
- SC may use a third-party Payment Processor to bill Customers through their selected mode of payment. The processing of payments will be subject to the terms and policies of the Payment Processor, in addition to the terms governing SC’s relationship with Customers. SC shall not be liable for any error or omission of the Payment Processor.
- Taxes: You agree and acknowledge that:
- SC does not offer tax advice and you are responsible for determining your own tax reporting requirements.
- In case of unregistered housekeeping services, SC will pay taxes and raise tax invoices on your behalf, and deduct any applicable taxes. In case of TDS (tax deducted at source) under Section 194-O of the Income Tax Act, SC will deduct at 1% or 5%, depending on whether you provide your PAN or Aadhaar details to SC.
- TDS will be deducted only on the value of services provided by you to the Customer and not on any goods or physical materials used during the Pro Services. You are responsible for determining any tax liability related to goods or physical materials.
- These provisions are subject to changes as per updates or changes in applicable laws.
- These provisions emphasize the importance of non-discrimination and respectful treatment of customers. The first provision explicitly prohibits discrimination based on various protected characteristics, while the second provision requests that service providers treat all customers with courtesy and respect.
- The second provision also gives SC the discretion to withhold access to services if a service provider behaves inappropriately towards a customer.
- USER CONTENT
- Our Platform may include interactive services or features that enable users with an account or profile on our platform to upload, post, transmit, publish, or submit feedback, comments, reviews, ideas, suggestions, or other content on or through the Platform (“User Content”).
- In order to provide effective Services and maintain quality control, we may ask you to provide reviews regarding Customers, and you acknowledge and agree that Customers may also provide reviews about you to us. It is important that you do not knowingly provide false, inaccurate, or misleading information in your reviews. The reviews will be used for quality control purposes, to assess whether Customers and Service Professionals are suitable users of the Platform. We reserve the right to cancel your registration and remove you from our Platform if we, at our sole discretion, determine that you are not an appropriate user. Any fees that may be repayable in accordance with the law will apply.
- By using our Platform, you give us a non-exclusive, perpetual, worldwide, irrevocable, transferable, sub-licensable, and royalty-free license to use, publish, display, store, host, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the purpose of operating and connecting with the Services. Additionally, you permit us to use the User Content for advertising and promoting the Services.
- Regarding these Terms and the licenses granted under this clause, you agree to waive any claims that may arise from moral rights or any other similar rights related to the User Content.
- You acknowledge and agree that SC may remove or limit access to User Content that, at its sole discretion, violates these Terms, without any prior notice to you.
CONSENT TO USE DATA
- At times, you may need to provide identification proof to access the Services or offer Pro Services. By agreeing to these Terms, you agree to comply with such requests. Failure to comply may result in an inability to use the Services or offer Pro Services.
- In accordance with applicable laws, we may be required by law enforcement or government agencies to disclose your data in connection with criminal proceedings. By agreeing to these Terms, you understand and agree that we have the right to share your data with relevant agencies or bodies.
THIRD PARTY SERVICES
- The Platform may offer Third Party Services, which may include content, information, documents, or services owned by, licensed to, or provided by third parties. Third Party Services may also contain links to external websites. You acknowledge and understand that the third party providing the Third Party Services is solely responsible for its content, and that your use of Third Party Services is at your own risk.
- YOUR RESPONSIBILITIES
- By agreeing to these terms, you represent and warrant that all information you provide in connection with the Services is complete, true, and accurate at the time of agreeing to these terms and will remain complete, true, and accurate throughout your use of the Services. If any of the information you provide changes during the term of these terms, you agree to promptly notify us of such changes. We are not liable for any loss or damage you may suffer if any information, documentation, material, or data you provide to access the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
- You are obligated to provide us with all necessary cooperation in the defense of any legal proceedings that may be brought against us as a result of your breach of these terms.
- With respect to the User Content, you represent and warrant that:
- You will not provide feedback on your own services as a Service Professional.
- You own or have obtained all necessary permissions for any intellectual property included in your User Content, and you grant us a license to use it.
- You are solely responsible for all activity that occurs through your account, including any User Content you post.
- Your User Content will not violate any other agreements or obligations you have.
- Your User Content will not infringe on any intellectual property or other proprietary rights, including privacy or publicity rights.
- Your User Content will not contain harmful files, viruses, or other destructive content.
- Your User Content will not violate any third-party rights.
- Your User Content will not belong to someone else without your right to use it, nor will it contain content that threatens public order or national security, or that is defamatory, harmful, discriminatory, or offensive to others.
- You agree to use the Services solely in accordance with the terms set forth in this agreement. Specifically, you are prohibited from:
- Violating the intellectual property rights of any party, such as copyrights, patents, trademarks, or trade secrets, is strictly prohibited.
- Unless explicitly allowed under these terms, you are prohibited from copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating derivative works from, or licensing the Services.
- You are not allowed to use the Services to transmit any data, or send or upload any material that includes viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs, or similar computer code that is intended to damage or negatively impact the operation of any computer software or hardware.
- You may not utilize any robot, spider, or other automated device, or manual process, to monitor or copy the Services, or any portion of the Services, unless expressly authorized.
- Engaging in the systematic retrieval of content from the Services, with the purpose of creating or compiling, directly or indirectly, a collection, compilation, database, or directory, is strictly prohibited.
- You may not use the Services in any unlawful manner, for fraudulent or malicious activities, or in any manner that contradicts these Terms.
- The act of decompiling, reverse engineering, or disassembling the Services is strictly prohibited.
- You are not permitted to link to, mirror, or frame any portion of all or any of the Services. Moreover, you must not violate any applicable laws in any manner.
- By agreeing to these terms, you guarantee that you will not partake in any activity that disrupts or hinders the functioning of the Services.
- You are prohibited from attempting to gain unauthorized access to any part or aspect of the Services, any other systems or networks linked to the Services, any of our services, or the Platform, through illegitimate means such as hacking or password mining.
- We own all rights, titles, and interests, including all intellectual property rights arising from the Services, or hold a license to it. Provided that you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable, and revocable license to use the Services, in accordance with these Terms and our written instructions issued from time to time. All other rights are reserved by us or our licensors.
- We may ask you to provide us with suggestions and other feedback, such as bug reports, related to the Services from time to time (collectively referred to as “Feedback”). By providing us with Feedback, you acknowledge and agree that we may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback in any way we see fit, without any obligation to pay you royalties or acknowledge your intellectual property rights, or obtain your prior consent, or adhere to any other form of restriction arising out of your intellectual property rights.
- Unless expressly stated in these Terms, nothing in these Terms should be interpreted as granting any right or license, either directly or indirectly, to any of our or any third party’s intellectual property rights.
- You have the choice of purchasing SC’s brand collateral through SC, which can help establish trust and safety with customers. While using the Services and providing your professional services to customers, it is recommended that you use SC’s brand collateral, but it is not compulsory.
TERMS AND TERMINATION
- These Terms will remain in effect until terminated in accordance with the terms described below.
- We reserve the right to restrict, deactivate, or terminate your access to, or use of, the Services or any portion thereof, immediately and at our sole discretion, in the following circumstances: (i) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (ii) when you cease to be a user of our Services, (iii) if you do not, or are unlikely to qualify under applicable law or the standards and policies of SC or its affiliates to access and use the Services, (iv) if you violate or breach the Privacy, or (v) for any legitimate business, legal, or regulatory reason.
- You may terminate these Terms at any time by providing written notice to SC or by visiting the local SC city office. The termination will become effective upon receipt of the notice by SC.
- Upon termination of these Terms:
- Your account will expire, and you will no longer have access to your account or any files or data stored in your account.
- Your access to the Services will be timed out;
- Correct, your right to participate in the Platform, offer Pro Services, and receive any fees or compensation shall terminate upon the termination of these Terms.
- All the rights or licenses granted under these Terms will cease immediately.
- You must either promptly destroy or, upon SC’s request, return all SC data, trademarks, service marks, or content that you have in your possession or control.
- These Terms will come to an end, except for the clauses that are explicitly or implicitly intended to remain valid after termination or expiration.
DISCLAIMERS AND WARRANTIES
- The Services are offered in their current state, without any warranty, express or implied, whether by law, statute, or otherwise, including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not guarantee that the Services will meet your specific requirements or expectations.
- Any advice or information, whether verbal or written, that you receive from us, does not create any warranty that is not explicitly stated in these Terms.
- You acknowledge and agree that we act only as a Platform connecting you with customers, and we cannot be held liable for any obligations that are not explicitly stated in these Terms. If a claim or liability does not solely arise from SC’s acts or omissions, we are not responsible for fulfilling any bookings, nor are we responsible for your performance of the Pro Services, or any damages caused by you during the provision of the Pro Services, including property damage. When you use the Platform to offer your services, you are entering into a contract with the relevant Customer for the provision of those services. We do not accept any responsibility or liability for that contract. All contractual or commercial terms related to the Pro Services, such as applicable taxes, transportation costs, payment terms, delivery dates, warranties or guarantees, post-sales services, and customer satisfaction, are between you and the Customers. However, SC may offer support services to you, including payment collection, communication support, and other ancillary services.
- You acknowledge that the relationship between SC and you is voluntary, non-exclusive, and on a principle-to-principle basis. The parties are free to enter into any other arrangements or agreements with third parties. SC does not provide, and you shall not seek from SC, any supervision, direction, or control over the Pro Services that you offer to Customers.
- You confirm that you have obtained all necessary licenses, permits, authorizations, and tax registrations required under applicable laws or industry standards to offer and provide the Pro Services.
- You are solely responsible for any consequences that may arise from your use of the Services and your provision of the Pro Services to Customers. You acknowledge and agree that SC shall have no liability in this regard.
- You acknowledge and agree that SC is not involved in the provision, grant, or disbursement of any financial products. SC shall not be liable for any claim or damages related directly or indirectly to the use of financial products.
- SC is a technology platform service provider and is not registered with the Reserve Bank of India, does not hold any license to engage in any activities relating to financial products, and is not a financial institution under the Companies Act, 2013, the Banking Regulation Act, 1949, or any other applicable laws in India.
- SC will maintain a complaints management framework and manage it on behalf of Service Professionals in accordance with relevant applicable laws.
- Your continued use of the Services is subject to maintaining a minimum threshold of ratings based on Customer reviews. The ratings threshold for your category and city will be communicated to you via the Platform, text message, or by an SC employee. If your ratings fall below the minimum threshold, your access and use of the Platform may be temporarily blocked, and you may be required to attend a training session to reactivate your access. SC reserves the right to terminate the Terms if your ratings fall below the stipulated threshold after attending a training session.
- This clause states that you are responsible for obtaining the necessary data network access to use the Services, and that your mobile network’s data and messaging rates and fees may apply to your use of the Services. You are also responsible for acquiring and updating compatible hardware or devices necessary to use the Services. SC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device.
- You agree not to make or give any negative or defamatory statements or declarations about SC, its brand name or domain name, such as the name “ServiceOCity” or “SC” or engage in any act or omission that negatively affects the reputation or brand of SC, or SC’s trade or service marks, trade name, or goodwill associated with such trade or service marks or trade name that are owned by or licensed to SC.
- This clause requires you to provide SC with any information regarding the products and services sold or proposed to be sold by you on the Platform upon SC’s request.
- This clause disclaims all liability for any loss or damage arising out of or due to your use of the Services, including the availability or unavailability of Leads, the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, and the loss of any User Content and any other data in connection with your use of the Services.
- This clause limits liability for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to these Terms, the Services or the Pro Services, your use or inability to use the Services, or any other interactions with another user of the Services.
- This clause limits SC’s liability to you to the amount of commission received in respect of a particular booking made on the Platform, and in no event shall SC’s total liability to you in connection with these Terms exceed INR 5,00,000 (Rupees Five Lakhs).
- This clause limits your liability to SC in connection with these Terms to Rupees 5,00,000 (Rupees Five Lakhs).
- This clause states that nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and to the extent such warranty implied by law applies, and to the extent SC is permitted under applicable law to do so, SC’s liability will be limited, at its option, in the case of supply of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.
- This clause states that you will be responsible for indemnifying, defending, and holding SC harmless from any claims, demands, losses, liabilities, damages, and costs that may arise due to your access and use of the Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account. SC has the option to defend against any such claim or demand and you will be responsible for all associated costs, including attorneys’ fees.
- This clause states that in case SC believes that you have performed the Pro Services in a deficient manner or have caused damage to a Customer or their property, it may, at its sole discretion, compensate the Customer for the deficient service or damage caused. SC may then collect from you, partially or fully, the amount to be paid to the Customer in compensation, with your consent.
- This clause states that SC shall indemnify, defend, and hold you harmless from any claims, demands, losses, liabilities, damages, and costs that may arise due to SC’s gross negligence, fraud, or wilful misconduct.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
- If you have a dispute or conflict related to these Terms or the Services, you can raise a complaint or dispute through various channels, such as contacting a SC employee at your local city office, using the Service Professional helpline, participating in focus group discussions organized by SC in your city, submitting a complaint through the complaints process operated by SC, or using the grievance redressal procedure provided in clause 17.
- If your dispute or complaint is not resolved through the above channels, the parties will attempt to settle the dispute through mediation in good faith.
- These Terms shall be governed by and construed and enforced in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction over all issues related to these Terms or the use of the Services, subject to the provisions of this clause.
- If the parties are unable to resolve the dispute through mediation within 45 days from the date of reference of the dispute to mediation, any controversies, conflicts, disputes, or differences arising from these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996. The tribunal will consist of one arbitrator mutually appointed by You and SC, and the language of the arbitration shall be English. The parties to the arbitration must keep the arbitration proceedings confidential and not disclose any documents, correspondence, orders, or awards issued by the arbitrator to any person except on a need-to-know basis or to legal advisors, unless required by law. The decision of the arbitrator will be final and binding on all parties. Each party will bear its own costs related to any dispute.
- GRIEVANCE REDRESSAL
- To address any concerns or issues related to the Services or these Terms, you can reach out to our Grievance Redressed Officer by sending a registered post or an email using the contact details provided below:
Name: Ashok Tripathy
Designation: Public Grievance Officer
Email Address: firstname.lastname@example.org
Phone Number : 080 4736 0546
Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays.
- We commit to resolving your complaint within the timelines specified by relevant laws.
- It is clarified that ServiceOCity will not take any punitive action against you for being a member of a trade union or engaging in any collective action or negotiation, as long as it does not violate the Terms.
- The Terms may be revised at any time, as determined by us, and any such changes shall become effective 7 days after being posted on the Platform. You acknowledge that you have sufficient time to review the revised Terms and to communicate any disagreements to SC within the 7-day period. It is your responsibility to periodically review the Terms for any updates or changes. If you continue to use the Platform after the expiry of the 7-day period, you will be deemed to have accepted the changes made to the Terms.
- Modification to the Services: We reserve the right to make additions, modifications, or temporary or permanent discontinuations to the Services (or any part of it) with or without reason, at any time. We shall not be held liable for any such addition, modification, suspension, or discontinuation of the Services.
- Severability: If any provision of these Terms is found to be unlawful or unenforceable by any court or other competent authority, the remaining provisions of these Terms shall remain in effect. If any unlawful or unenforceable provision can be made lawful or enforceable by deleting a part of it, that part will be removed, and the rest of the provision will continue to be valid (unless doing so would contradict the clear intention of the clause, in which case the entire relevant provision will be deemed to be removed).
- Assignment: You are not permitted to license, sell, transfer, or assign your rights, obligations, or covenants under these Terms or your Account in any way without our prior written consent. We reserve the right to approve or reject such requests at our sole discretion and subject to any conditions we deem necessary. We may assign our rights to any of our affiliates, subsidiaries, parent companies, any successor in interest of any business associated with the Services, or any third party, without prior notice to you.
- All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to the email address: email@example.com.
- This provision states that no third party shall have the right to enforce any of the terms contained in these Terms. Only the parties to the agreement, namely the user and the Service Provider, have the right to enforce the terms of the agreement.
- Force Majeure: We shall not be held liable to you if we are unable to perform our obligations or carry out our business due to unforeseen events, circumstances, or accidents beyond our control. This includes, but is not limited to, strikes, utility service failures, telecommunications network failures, natural disasters, war, riots, civil unrest, intentional damage, or compliance with any government order, rule, regulation, or directive.
- Relationship between Parties: Nothing in these Terms shall create a partnership, agency, joint venture, joint enterprise, or fiduciary relationship between the parties. Neither party shall have the authority to act on behalf of the other party or enter into commitments or contracts for the other party.
For more info visit : https://www.serviceocity.com/tc
Service O City may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Service O City by written communication to Service O City address at. Shree Narayana Tower, Outer Ring Rd, Jakkasandra, 1st Sector, HSR Layout 5th Sector, Bengaluru, Karnataka 560102
You may not assign or transfer these Terms in whole or in part without Service O City’s prior written approval. You give your approval for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Service O City’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Service O City or any Third Party Provider as a result of the contract between you and Service O City or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the partie with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words “including “ and”include “ mean”including, but not limited to.”