Privacy Policy
Terms of Use
1. GENERAL
1. Welcome t https://urban-company-cleaning-services.ueniweb.com/ (“Website”)/the This
Website/App is owned and operated by The Website/App is an online platform
which enables Users to book the services of persons providing household help
including cleaning, electrical, plumbing, carpentry and pest control services
(“Providers”).
2. For the purpose of
these terms of use (“Terms of Use”), “We”, “Us” and “Our”
means the Company and “You”, “Your” and “User” means any
person who accesses or uses the Website/App or the Services. “Services”
includes access to Our mobile application (“App”), any upgrades of the
App, Our call and SMS based services, databases, Interactive Voice Response
services and all other services and functionalities that We provide through the
Website/App or Your mobile phone.
3. By accessing or using
this Website/App or the Services, You agree to be bound by these Terms of Use,
the services agreement between You and Avon Facility Management available
at https://urban-company-cleaning-services.ueniweb.com/ and Our other
policies made available on the Website, including but not limited to the
Privacy Policy available athttps://homemaintenanceindia.com/privacy-policy (“Policies”).
If You do not agree to these Terms of Use or any of Our Policies, please do not
use the Services or access the Website/App.
2. Changes
to the Terms of Use
We may modify these Terms of Use and Our Policies from time to time, by
updating this document. Your continuing to use the Website/App or Services
following the posting of changes will mean that You accept such changes.
3. Access
to the Website/App and Services
You may access the Website/App and the Services only if You are 18 years of age
or older and are legally capable of entering into a binding contract as per
applicable law, including, in particular, the Indian Contract Act, 1872.
4. Your
Information
1. You may use the
Services through Our website. Upon downloading the website, You are required to
provide Us with Your details including Your name, address, contact number and
email address and then, choose the service You need, including a suitable time
for such service (“User Information”).
2. After obtaining this
information, We will provide You with a list of available Providers and an
estimated cost of the services offered. You may confirm a booking, upon which
the relevant Provider will contact You, arrive at Your residence, inspect the
scope of services required and quote a final fee for the same (“Transaction
Fee”). You may then proceed to accept and avail of the services the
Provider offers (“Transaction”).
3. Alternatively, You may
provide Us with Your mobile phone number on the Website. We will then contact
You, collect Your User Information and follow the procedure described in Clause
4.2 above.
4. By providing Us with
Your User Information, You confirm that:
1. The User Information
provided by You is accurate and genuine;
2. The mobile phone
number provided by You belongs to you, has been validly acquired under
applicable law, and You may be contacted on the number by way of calls or SMS
messages by Us or Our Providers; and
3. You shall immediately
notify Us of any un-authorized use of Your User Information or any other breach
of these Terms of Use or security known to You.
5. Further, You authorize
Us to:
1. Collect, process and
store User Information and access information including the IP address, IMEI
number and MAC address of the computer/device from where the Website/App were
accessed;
2. Either directly, or
through third parties, verify and confirm Your User Information;
3. Contact You using Your
User Information, including for marketing and promotional calls; and
4. Share Your User
Information with Providers who may use the same to contact You, including on
Your mobile phone.
6. Subject to the above,
and Your compliance with these Terms of Use, We grant You a non-exclusive,
revocable, limited privilege to access and use this Website/App and the
Services.
5. Fees
and Payment
1. The use of the
Website/App and Services is free of cost. However, this no charge policy can be
amended at Our discretion and We reserve the right to charge for any of the Services.
2. You can either pay the
Transaction Fee directly to the Provider upon completion of his/her services or
through the Website/App, in Indian Rupees.
3. If You choose to pay
the Transaction Fee through the Website/App, Your credit/debit card or other
payment instruments will be processed using a third party payment gateway
(“Payment Facility”) which will also be governed by the terms and conditions
agreed to between You and Your issuing bank.
4. We will not be
responsible for any loss or damage to You due to Your use of the Payment
Facility on the Website/App.
5. We can impose limits
on the number of Transactions or the Transaction Fee which We receive from You
and can refuse to process any Transaction Fee, at Our sole discretion.
6. Use
of the Website/App and Services
1. You agree to make use
of the Website/App and Services for their intended purpose in a bona fide
manner. In particular You agree not to:
1. print, distribute,
share, download, duplicate or otherwise copy, delete, vary or amend or use any
data or User Information of any User other than You;
2. infringe on any
intellectual property rights of any person and/or retain information in any
computer system or otherwise with an intention to do so;
3. attempt to gain
unauthorized access to any portion or feature of the Website/App, or any other
systems or networks connected to the Website/App or to any server, computer,
network, or to any of the Services by hacking, password “mining” or any other
illegitimate means;
4. probe, scan or test
the vulnerability of the Website/App or Services or any network connected to
the Website/App or Services or breach the security or authentication measures
on the Website/App or any network connected to the Website/App or Services;
5. use any automated
systems to extract data from the Website/App;
6. make any inaccurate,
false, unfair or defamatory statement(s) or comment(s) about Us or the brand
name or domain name used by Us, any Provider or any User on the Website/App;
7. take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the
Website/App or Our systems or networks, or any systems or networks connected to
Us; or
8. circumvent or
manipulate the Website/App, Services, registration process, Transaction Fees,
billing system, or attempt to do so.
2. You further agree not
to host, display, upload, modify, publish, transmit, update, share or otherwise
make available on the Website/App any information, that:
1. contains content or
other material protected by intellectual property laws unless You own or
control the rights thereto or have received all necessary consents;
2. defames, abuses,
harasses, stalks, hurts religious or ethnic sentiments of, threatens or
otherwise violates the legal rights of others;
3. 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;
4. harms minors in any
way;
5. infringes any patent,
trademark, copyright or other proprietary rights;
6. violates any law for
the time being in force;
7. deceives or misleads
the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
8. abets or assists with
impersonating another person;
9. contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
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
cognisable offence or prevents investigation of any offence or is insulting any
other nation;
11.conducts or forwards
surveys, contests, pyramid schemes or chain letters;
12.creates profiles or
provides content that promotes escort services or prostitution;
13.uses any other
internet service to send or post spam to drive visitors to any other site
hosted on or through the Company’s systems, whether or not the messages were
originated by You, under Your direction, or by or under the direction of a
related or unrelated third party; or
14.contains any content
which is non-compliant with the Information Technology Act, 2000, Rules and
regulations, guidelines made thereunder, including Rule 3 of The Information
Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy
Policy, as amended/re-enacted from time to time.
7. Intellectual
Property
1. The intellectual
property in the Website/App, and in the material, content and information made
available on the Website/App including graphics, images, photographs, logos,
trademarks, the appearance, organisation and layout of the Website/App and the
underlying software code belong to Us or Our licensors.
2. You must not copy,
modify, alter, publish, broadcast, distribute, sell or transfer (whether in
whole or in part) any such material. The information provided on the
Website/App and through the Services is for Your personal use only.
8. Indemnity
You agree to indemnify Us, Our owners, licensees, affiliates, group companies
and their respective officers, directors, agents, and employees, on demand,
against any claim, action, damage, loss, liability, cost, charge, expense or
payment which We may pay, suffer, incur or are liable for, in relation to any
act You do or cause to be done, in breach of the Terms of Use or Your violation
of any law, rules or regulations.
9. Feedback,
Reputation and Reviews
You agree to be fair, accurate and non disparaging while leaving comments,
feedback, testimonials and reviews (“Feedback”) on or about the Website/App or
the Services, You acknowledge that You transfer all rights in such Feedback to
Us and that We will be free to use the same as We may find appropriate.
10.Breach
of these Terms of Use
If You have, or We have reasonable grounds to believe that You have, violated
these Terms of Use in any way, We can indefinitely suspend or terminate Your
access to the Website/App or Services at any time, forfeit any amounts paid by
You and report such action to relevant authorities. We reserve the right to
take recourse to all available remedies under applicable law in furtherance of
the above.
11.Transactions
1. The Website/App is a
platform which enables Users to interact with Providers and any transactions
between You and any Provider are strictly bi-partite. We are not and cannot be
a party to, or control in any manner, any Transaction between You and any
Provider. We shall not and are not required to mediate or resolve any disputes
or disagreements between the You and any Provider.
2. Accordingly, We will
not be liable for any loss or damage incurred as the result of any such
transaction. While interacting with any Provider found through the Website/App
or through the Services, We strongly encourage You to exercise reasonable
diligence as You would in traditional off line channels and practice judgment
and common sense before committing to any Transaction or exchange of
information.
3. You understand that
there is no guarantee of a satisfactory response or any response at all to Your
request for services of Providers.
4. All screening
procedures, verification services and background checks, whether undertaken by
Us or through third party consultants are performed on an “as is” and “as
available” basis. By opting to avail of them You acknowledge that We will not
be responsible for the quality or accuracy of the results of these procedures.
5. Providers may obtain
personal information about You due to Your use of the Website/App or Services,
and such Providers may use this information to harass or injure You. We do not
approve of such acts, but by using the Services, You acknowledge that We are
not responsible for the use of any personal information that You disclose or
share with others through the use of the Services.
12.Third
Party Sites
All third party advertisements, hyperlinks or other redirection tools on the
Website/App which take You to content operated by third parties are not
controlled by Us and do not form part of the Website/App. We are not liable for
any loss or harm that occurs to You as a result of such sites.
13.Disclaimer
and Limitation of Liability
THE WEBSITE/APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. WE DO NOT
WARRANT THAT:
1. The Website/App or the
Services will be constantly available, or available at all. We shall have no
liability to You for any interruption or delay in access to the Website/App or
Services availed through it, irrespective of the cause;
2. The information on the
Website/App or given through Services is complete, true, accurate or
non-misleading;
3. Any errors or defects
in the Website/App or Services will be corrected;
4. That the Website/App
is secure or free of viruses, Trojans or other malware; or
5. The contents of the
Website/App or the Services do not infringe any intellectual property rights.
14.IN NO EVENT SHALL WE
BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS,
REVENUE, BUSINESS OR DATA OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE,
EVEN IF YOU HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
15.Privacy
Policy
Any personal information You supply to Us when You use this Website/App or the
Services will be used in accordance with Our Privacy Policy.
16.Miscellaneous
1. Severability and
Waiver
If any provisions of these Terms of Use are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of any term of these Terms of
Use shall be deemed a further or continuing waiver of such term or any other
term.
2. Relationship between
the Company and its Users
Use of the Website/App does not create any association, partnership, venture or
relationship of principal and agent, master and servant or employer and
employee between the User and the Company. Further, there is no relationship of
principal and agent, master and servant or employer and employee between the
Providers and the Company or the Contractor and the Company.
3. Applicable Law and
Dispute Resolution
These Terms of Use shall be governed by and interpreted and construed in
accordance with the laws of India. Any disputes pertaining to the Website/App
shall be subject to the exclusive jurisdiction of the appropriate courts in
Bangalore.
17.Grievance
officer
In accordance with the Information Technology Act, 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided
below:
Rohit Paliwal
You may write to him at the following :
Call + 919315557169
OR
Email him at [email protected]
1. Contact
Us
Please contact Us for any questions or comments (including all inquiries
related to copyright infringement) regarding this Website/App.
2. This document is an
electronic record under the Information Technology Act, 2000 and rules
thereunder. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
3. 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 to or usage
of this Website/App.