TERMS AND CONDITIONS OF SERVICE AND USE

1. GENERAL

a) We, Oomyi Technologies LLP having its registered office at Geeta Compound, Paper Mill Road, Saharanpur, India hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document is a legal agal agreement that governs the use of company service and software offered through its website, mobile application or any other channel all of which hereinafter referred to as the “Platform”.

b) For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

  • “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
  • “You”, “Your”, “Yourself”, “User”, “Buyer”, “Seller” “Customer” “VIG” shall mean and refer to natural and legal individuals who use this platform and who is competent to enter into binding contracts, as per Indian laws.
  • “User” shall refer to Customers, Clients, Agents, Members, caregivers, Service providers, VIGs.
  • “Service” refers to any service that customers book through Company Platform.
  • “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Application.
  • The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  • The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
  • The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  • The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
2. REGISTRATION, ACCOUNT, PASSWORD AND SECURITY

Users may register themselves on the Platform by providing information including but not limited to personal information such as Email IDs, Phone numbers, Full Name etc; Registration for this Platform is available only to those above the age of fifteen (15) years, barring those “Incompetent to Contract” which inter alia include insolvents.

Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

3. SERVICE OVERVIEW

The Service and Software provide a platform to connect individuals seeking to obtain certain services (“Clients” OR Customers) and independent contractors seeking to provide such services (“VIGs or members, or Agents or caregivers”). Both Clients and members are “Users” of the Service and Software.

Company only provides a platform for enabling connections between Users through use of the Service and Software. Company does not provide services to Clients, but Company enables its members, which are independent contractors, to provide services to Clients. Although Company performs certain background screenings in selecting members, neither Company, nor any of its subsidiaries or affiliates, assumes any responsibility for any of the acts or omissions of any Member or Client, such as property damage or bodily injury that may result in connection with the services a Member may perform for a Client. Company does not endorse any products or recommendations by Members communicated with you. You acknowledge that your reliance on any members or information provided by the Members via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.

4. ELIGIBILITY

The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 15 years of age, and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.

The User further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. The User may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

5. CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.

The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.

6. TERM
  • These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
  • A Customer may terminate their use of the Services and the Platform at any time.
  • The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  • Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
  • It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
7. TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

8. COMMUNICATION

By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Company and/or any of its representatives at any time. Customers can report to Company via call or email if they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any service availed of by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

9. PAYMENT
  • Charges : All Charges displayed on company website are up to date. Company reserves the right to make any change to the charges any time. Company may time to time offer special promotions or offers, but reserves the right to change or cancel any special promotion at any time. We encourage you to check our website for the latest updates to payment terms.
  • Payment Methods:Company can use multiple Payment methods such as Cash, net banking, credit/debit cards, bank transfer, Direct debit, Mobile payments, E-wallets, Prepaid cards, Direct deposit. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.

Any fees that Company may charge you for the Software or Service are due immediately when charged by Company and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. Further, the Platform does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform shall not be associated with any dispute arising therefrom.

The Company will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability.

The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

10. CANCELATION POLICY

Members can cancel their monthly membership anytime. To cancel, members must call or email Company. Cancelation will occur immediately and the following month of membership fees will not be charged. Any pending charges for visits that have been completed will be charged at the time of cancelation. Visits cancelled by the member the same day of the visit will be charged a INR 400 cancellation fee.

11. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Platform, and that they:

  • Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
  • Agree to ensure the email address, address, Identification documents and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
  • Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  • Understand and acknowledge that the data submitted is manually entered in to the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
  • Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption's, Customer locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
  • Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
  • Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
  • Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the Company, and that the Company is in no way responsible for the content of the same. The User may however report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
  • Expressly consents to follow the terms and conditions, and policies of the Sellers affiliated with the Company from whom the Users are making purchases.

The User further undertakes not to:
  • Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
  • Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (ies);
  • Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
  • Violate any applicable laws, rules or regulations currently in force within or outside India;
  • Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Further:
  • The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  • By indicating User's acceptance to purchase any service offered on the site, user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to purchase services where the transactions have remained incomplete.
  • The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
  • The User agrees not to make any bulk purchase to indulge into any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
  • The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
  • The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

    1. belongs to another person and to which the User has no right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. is in anyway harmful to minors;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

12. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:

  • If the User is in breach any of these Terms or the Policy;
  • If the User has provided wrong, inaccurate, incomplete or incorrect information;
  • If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
13. INDEMNITY

You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its service providers, and their respective directors, officers, employees and agents (collectively, "Company Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  • Your use of the Platform,
  • Your violation of these Terms and Conditions;
  • Your violation of any rights of another;
  • Your alleged improper conduct pursuant to these Services;
  • Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

In no event shall the Company/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

Platform does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should report to us and provide the necessary information to prove the rights. Platform will look into the issue and remove those content within 30days. If any user continues to infringe third party rights, then we may ban the user to use our platform.

14. LIMITATION OF LIABILITY
  • The Founders/Members/Employees/Independent Contractors/Attorneys/Officers/ Directors/ Partners or Investors of any affiliates of the Company (Collectively, “Company Parties”) are not responsible for any consequences arising out of the following events:

    1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
    2. If the User has fed incorrect information or data or for any deletion of data;
    3. If there is undue delay or inability to communicate through email;
    4. If there is any deficiency or defect in the Services managed by Us;
    5. If there is a failure in the functioning of any other service provided by the Platform.

  • The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
  • Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  • The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
  • You agree not to hold Company Parties liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the service or software, including without limitation any liabilities arising in connection with the conduct, act, or omission of any user (including without limitation stalking, harassment, vehicle accidents, acts of physical violence, and destruction of property), any dispute with any user, any instruction, advice, act, or service provided by Company parties, and any destruction of your information.
  • Under no circumstances will Company Parties be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising in connection with your use of or inability to use the services or software, even if advised of the possibility of the same.
  • Notwithstanding the foregoing exclusions, if it is legally determined that any Company party is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Company in connection with the use of the services or the software in any 1-month period before the filing of the claim giving rise to such damages.
15. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.

The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User. The User is aware that the Company merely provides a Platform through which the Users can communicate and make purchases of services, and the Company/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

16. DISCLAIMER OF WARRANTIES AND LIABILITIES
  • The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
  • The Service and software are provided on “as is” basis without warranties of any kind either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
  • The company Parties cannot and do not guarantee that any personal information supplied by You will not be misappropriated, intercepted, deleted, destroyed, or used by others.
  • The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
  • It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations here under if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

18. LINKS TO OTHER WEBSITES

Links (such as hyperlinks) from Company to other sites on the Web do not constitute the endorsement by Company of those sites or their content. Such links are provided for reference and convenience only. Company does not control any such other sites, and is not responsible for their content. The existence of links on the Site or Service to such other sites (including without limitation external websites that are framed by the Company Service or Software as well as any advertisements displayed in connection therewith) does not mean that Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any site controlled, owned, or operated by parties other than Company is governed by the terms and conditions of use and privacy policies for those websites, and not by Company’s Terms of Use or Privacy Policy. You access such third-party sites at your own risk. Company expressly disclaims any liability arising in connection with your use or access to any sites or other material associated with links that may appear on the Service or Software. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Service.

19. THIRD PART APPLICATIONS

In certain situations, Company acts as a conduit between Users of the Company Platform and third-party ride-sharing apps like Ola and Uber. You authorize Company to act on your behalf to communicate with the Designated Driver (via voice, text message or email) to vet them and their equipment to make sure they and their vehicles meet your transportation requirements and specifications, and to aid in locating your position for the driver, and to advise the driver to correct his course if required, or for any other reason Company deems appropriate. You further authorize Company as your agent and on your behalf, to monitor your complete ride from start to finish and if Company deems it appropriate, to communicate with the Designated Driver or you, our client, to make sure the Designated Driver is meeting your specified conditions and requirements that you specify with us on or after your registration. During this phase of the ride, you authorize Company to communicate with persons you designate to let them know the initiation, progress and conclusion or your ride.

20. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  • Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
  • Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of SAHARANPUR, UTTAR PRADESH, INDIA.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

21. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@seniorvig.com

22. MISCELLANEOUS PROVISIONS
  • Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  • Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  • Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at support@seniorvig.com