Terms and Conditions

Last updated: 24/12/2017

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF WWW.SERVICEWAALE.IN WEBSITE. WELCOME TO OUR WEBSITE. GIVEN HEREIN ARE THE TERMS OF USE FOR ALL VISITORS OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH M/S SHRI NIWAS AND SONS WITH OFFICE AT [BHOPAL]. WE REQUEST YOU NOT TO ACCESS THE WEBSITE IF YOU DO NOT AGREE WITH THE GIVEN TERMS. BY PROVIDING YOUR REGISTRATION DETAILS YOU ARE AGREEING WITH THE TERMS OF USE AND PRIVACY POLICY AND ALSO ARE ALLOWING THE SITE AND ITS AFFILIATE SITES TO INCLUDE YOUR DETAILS IN ITS DATABASE. YOU ARE BOUND BY THESE TERMS EVEN IF YOU ARE A VISITOR BROWSING THIS WEBSITE. SERVICEWAALE MAY CHANGE THESE TERMS AND CONDITIONS AT ANY MOMENT WITHOUT ANY NOTICE OR ASSIGNING ANY REASON WHATSOEVER.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Responsibilities towards you

A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, Service Waale accepts responsibility (liability) to you for your use of our services or in respect of any third party products or services that we provide or advertisements or any other link to on servicewaale.in. Unless you are a premium subscriber to servicewaale.in, we accept no financial responsibility to you arising from your use of servicewaale.in or the services, advertisements and links published on servicewaale.in. If you are a Service Waale premium service subscriber, we limit our financial responsibility to you arising from your use of servicewaale.in and/or the Premium Services you consume on servicewaale.in to the price you paid for your services. In no circumstances do we accept responsibility for your use of Third Party Sites or services not limited to advertisements, links in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on servicewaale.in. By Third Party Products we mean products or services provided by third parties.

Purchases

If you wish to purchase any product or service made available by us, you may be asked to supply certain information relevant to your Purchase including your details and purchase details.

Content ownership

All Content created and published on the digital platforms under the URL http://www.servicewaale.in the mobile browser site, applications and its licencors who own all intellectual property rights (including copyright and database rights) No intellectual property rights in any of the content are transferred to you while you consume the content on this platform. "SW" and "Service Waale" are registered trade marks of Shri Niwas and Sons and you may not use them without prior written permission from Service Waale. You are permitted to use the content on this platform only as set out in our Copyright Policy.

DEFINITIONS

“We”, “Us”, “Our”, shall mean ServiceWaale.in (M/s. Shri Niwas and Son) “Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Site. The same may be altered by us without any due notice or without assigning any reason whatsoever. “You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Site. “User/Client/Customer” refers to the users visiting the website, whether for browsing purpose or for buying or selling a particular article. “Service” refers to any product being offered on the ServiceWaale.in by any entity whatsoever. “Website” shall mean ServiceWaale.in that is the domain owned and controlled by M/s Shri Niwas and Sons. “Content” refers to any text, image, graphic, video, audio, location or all forms of data uploaded on the website. “Repairperson/Repairman/Seller” refers to any party offering any service on our website. “Your Content” refers to any content submitted by way of registration or submission of reviews or messages or through any forms, in connection with the Site. “Third Party” refers to any person other than the “User” or the “Website”

ELIGIBILITY

Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. To register, you must provide your true and correct information as requested while registering.

TERMS AND CONDITIONS

1) ServiceWaale.in is an aggregator where users can find professionals for services like carpentry, plumbing, electrical repairs and other services of like nature and contact them for prescribing them specific tasks. 2) Mere display of service on the website does not guarantee its availability. 3) The display of service merely constitutes an “invitation to offer” and is in no sense an “offer” to the user.

BUYER TERMS

THE FOLLOWING TERMS AND CONDITIONS ARE MEANT FOR ENTITES WHO ARE WILLING TO BUY ON THE WEBSITE AS A “BUYER” 1) The buyer admits to using the site of his own volition, and not out of any force, coercion or any act of like nature.2) The website shall only act as a platform for connecting the user to the repairperson and not responsible for any act of the repairperson or their authorized agents.3) The buyer exempts and immunes the website from any injury, of any nature whatsoever, in contract or tort that the buyer may sustain from any service purchased from a repairperson.4) The buyer exempts and immunes the website from any injury of any nature whatsoever, in contract or in tort, which the buyer may sustain during the physical interaction with the repairperson.5) The buyer exempts and immunes the website from any injury, in contract or in tort sustained by the buyer or the buyer’s property as a result of the repairperson’s actions, at the time of the repair or at any point of time after that.6) All payments shall be made in physical or digital form only to the repairperson or the person so authorized by him.7) The website does not make any warranty as to the quality of the service being provided by the repairperson.8) The website shall not be responsible for any physical injury that the user may.9) The website shall not be liable for any loss arising from the fact that the repairperson has failed to deliver the required product or render the required services on time, as well as due to the fact that the seller has refused to perform the required service after arriving at the prescribed location.10) Buyer shall not modify contents of the quotation once received from repairperson.11) Buyer shall be allowed to cancel the appointment 60 minutes prior to the time fixed for the repairperson to come at the prescribed location.12) Website shall not be responsible for any additional charges, for spare parts and the like, whatsoever their nature might be, that the user may incur.

BUYER ADVISORY

1) Buyers should check the product and service for quantity, quality, MRP and other parameters before accepting the order from the repairperson and making payment.3) Buyer agrees to make sure that any and all queries and discussions in relation to the provision/execution/completion/complaints of the services will be communicated through the mediums mentioned on the website only. The website does not take any responsibility of any conversations made outside these mediums.2) Buyers should also check the seal, wear and tear of the product before accepting the same and making the payment to the repairperson or the person so authorized by them for the purpose, in case some product or spare part is being handed out by the repairperson

PAYMENT AND OTHER CONSIDERATIONS

1) All payments shall be in the mode of cash, handed to the concerned repairperson, or his agent, after the work has been concluded.

RETURN AND REFUND POLICY

1. All requests for a cancellation or return or a follow-up appointment in case of deficient service shall be made within a period of 72 hours, unless the activity requires a longer time period for inspection, as the case maybe.2. The final decision with respect to any refund lies with the Website.3. The website would not be liable for any deficient service that has been given out by the repairperson.

INDEMNITY

By choosing to use the website, you agree to indemnify website, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the website; or of your use of or connection to the website; your violation of the User Agreement; or, your violation of any rights of another.

GOVERNING LAW

THIS SITE IS OPERATED BY US IN INDIA AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF INDIA. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE INDIA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF MADHYA PRADESH, INDIA. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF MADHYA PRADESH WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

DISCLAIMER OF WARRANTIES

SERVICEWAALE.IN AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. ServiceWaale.in may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold ServiceWaale.in liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the ServiceWaale.in.

MISCELLANEOUS TERMS

No Agency: This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with ServiceWaale.in. No Waiver of Rights: Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. Severability: If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Notices & Governing laws: All claims regarding these Terms are governed by and construed in accordance with the laws of India, and the courts of Bhopal, India shall have the exclusive jurisdiction for all disputes pertaining to this Terms. Dispute Resolution: Any dispute arising out of or with respect to these Terms shall be amicably resolved by and between the Parties within 7 days from the date of dispute, failing which, either Party Determined by arbitration in Bhopal, India in accordance with the Arbitration and Conciliation Act, 1996 before a sole arbitrator who shall be appointed by ServiceWaale.in. If any notice for arbitration from us is not acknowledged or initiation of arbitration by notice is not completed within 48 hours after the said 7 day period by you, the dispute shall deemed to be resolved with no costs to be paid by us. The language of the arbitration shall be English. The arbitration award shall be final and binding on the Parties hereto. All matters relating to such arbitration shall be maintained in confidence. Subject to Arbitration, the Terms shall be subject to the exclusive jurisdiction of the courts in India only. When any dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms. Any grievances, issues, queries, complaints or information that you wish to communicate to us can be addressed to the details provided at the CONTACT US, provided on our Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.