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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING
OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be
bound by these Terms, which established a contractual relationship between
you Bhaarat One (Powered by Go Experts). If you do
not agree to these Terms, you may not use the Services: These Terms expressly
supersede foregoing written agreements with you.
Supportive terms may apply to certain Services, such as policies for a particular event, activity, or Promotion, and such supportive terms will be disclosed to you in connection with the applicable Services. Supportive terms are in addition to and shall be deemed a part of, the Terms for the applicable Services. Supportive terms shall prevail over these Terms in the event of a conflict concerning the applicable Services.
Bhaarat One (Powered by Go Experts) may restrict you from accessing Services, or any part of them, immediately, without notice, in circumstances where Bhaarat One (Powered by Go Experts) reasonably suspects that:
• you have, or are likely to, breach these Terms; and/or
• you do not, or are likely not to, qualify, under applicable law or the standards and policies of Bhaarat One (Powered by Go Experts) and its affiliates, to access and use the Bhaarat One Services.
Bhaarat One (Powered by Go Experts) may terminate these Terms or any Services concerning you, or generally, cease offering or deny access to the Services or any portion thereof:
• immediately, where Bhaarat One reasonably suspects that:
• you have or are likely to, materially breach these Terms; and/or
• you do not, or are likely not to, qualify, under applicable law or the standards and policies of Bhaarat One (Powered by Go Experts) and its affiliates, to access and use the I Services; or
• on 30 days written notice to you, where Bhaarat One (Powered by Go Experts), acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Bhaarat One (Powered by Go Experts) may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.
You may terminate these terms at any time, for any reason, Bhaarat One may amend any policies or Supplemental terms (including the Community Guidelines) is related to the Services from time to time. Bhaarat One (Powered by Go Experts) will provide you with at least 30 days; Written notice in the event of a material change to any policies or supplemental terms that detrimentally affect your rights under these Terms. Amendments will be effective upon Bhaarat One's posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, es amended.
Bhaarat One may disclose users' personal information to third parties. Bhaarat One may provide to a claims processor or an insurer any necessary
- information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute, or conflict. Bhaarat One may also provide to a law enforcement agency, statutory body, governmental agency, and/or investigative agency any necessary information (including your contact information), if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the inquiry/investigation that is being carried out by the said body and/or agency as the case may be.
Bhaarat One will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of Bhaarat One's mobile application (each, an " Application") or Website to (a) arrange and schedule home-based services with independent third party providers of those services, who have an agreement with Bhaarat One or its affiliates (" Third-Party Providers"); and (b) facilitate payments to Third Party Providers for the services and receive receipts for those payments.
The Services are made available solely for your personal, non-commercial use unless Bhaarat One has agreed with you otherwise in a separate agreement. You acknowledge that Bhaarat One does not provide home-based services and that all such home-based services are provided by independent third-party contractors who are not employed by Bhaarat One or any of its affiliates. Bhaarat One accepts liability for the Services and the UC Platform that it provides to you subject to these Terms. Third-Party Providers are responsible for the services they provide to you.
Subject to your compliance with these Terms, 'Bhaarat One grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the UC Platform on your device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Bhaarat One and Bhaarat One's licensors.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any a portion of the Services; (ii) reproduce, modi%t. prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Bhaarat One; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (IV) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts to scrape. indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Bhaarat One's various brands or request options. You also acknowledge that the Services maybe made available under such brands or request options by or in connection with: (i) certain of Bhaarat One's subsidiaries and affiliates; or (ii) independent Third-Party Providers.
Third-Party Services and Content.
The Services and all rights therein are and shall remain Bhaarat One's property or the property of Bhaarat One's licensors. Neither these Terms nor your use of the Services conveys or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Bhaarat One's company names, logos, product, and service names, trademarks, or services marks or those of Bhaarat One's licensors.
3. YOUR USE OF THE SERVICES
To use most aspects of the Services, you must register for and maintain an active personal user Services account (" Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Bhaarat One certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Bhaarat One In, writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or another method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other methods of identity verification.
Bhaarat One prohibits discrimination against Third-Party Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the Bhaarat One ( powered by Go Experts ) platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
By creating an account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Bhaarat One at any time by informing Bhaarat One of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Bhaarat One may, in Bhaarat One's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Bhaarat One establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and legally; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bhaarat One; (iii) may be disabled by Bhaarat One at any time for any reason without liability to Bhaarat One ( powered by Go Experts ); (iv) may only be used under the specific terms that Bhaarat One establishes for such Promo Code; (v) are not valid for cash, and (vi) may expire before your use. Bhaarat One reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user if Bhaarat One reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Bhaarat One may, in Bhaarat One's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Bhaarat One through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Bhaarat One, you grant Bhaarat One ( powered by Go Experts ) a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise, exploit in any manner such User Content in all formats and distribution channels are now known or hereafter devised (including in connection with the Services and Bhaarat One's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Bhaarat One the license to the User Content as set forth ab4F• and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bhaarat One's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) you are not providing feedback for services performed by you in your capacity as a service provider on the platform.
You agree to not provide IJser Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another's privacy, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bhaarat One in its sole discretion, whether or not such material may be protected by law. Bhaarat One but shall not be obligated to, review, monitor, or remove User Content, at Bhaarat One's sole discretion and at any time and for any reason, without notice to you.
Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and UC Platform and any updates thereto. Bhaarat One does not guarantee that the Services. or any portion thereof, will function on any particular hardware or devices. Besides, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (" Charges"). After you have received services obtained through your use of the Service, Bhaarat One ( powered by Go Experts ) will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Bhaarat One shall charge you a convenience fee ("Fee") for the Services provided by Bhaarat One to you. The Fee may be charged from you at the time of booking of services on the platform or upon the completion of service. Such charges will be inclusive of applicable taxes where required by law Fees paid by you are final and non-refundable unless otherwise determined by Bhaarat One or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. You retain the right to request lower Charges or Fee from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Bhaarat One will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All charges are due immediately and payment will be facilitated by Bhaarat One ( powered by Go Experts ) using the preferred payment method designated in your Account, after which Bhaarat One will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged. you agree that Bhaarat One may. as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Bhaarat One, Bhaarat One reserves the right to establish. remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Bhaarat One's soled secretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times o Gogh demand. Bhaarat One will use reasonable efforts to inform you of Charges
and Fees that may apply, provided that you will be responsible for charges incurred under your Account regardless of your awareness of such Charges, Fees, or the amounts thereof Bhaarat One may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time before such Third Party Provider's arrival, in which case you may be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged/ deducted on the cancellation fee will be charged to you by Bhaarat One.
Further, Bhaarat One may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefits such as discounted services from Third Party Providers will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Bhaarat One does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Bhaarat One (on Bhaarat One's website, in the Application, or Bhaarat One's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that Bhaarat One provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider
It is clarified that the Charges and Fees (respectively) shall be made only for the services provided by the Third Party Provider to you and for the Services provided by Bhaarat One to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
EXCEPT AS REQUIRED OF BHAARAT ONE UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BHAARAT ONE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET ours IN THESE TERMS. INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION.
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES
REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE WILL BE UNINTERRUPTED OR ERROR-FREE. BHAARAT ONE DOES NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH you, too THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY.
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, BHAARAT ONE'S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
BHAARAT ONE'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY, OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A
CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: BHAARAT ONE SHALL NOT BE LIABLE FOR INDIRECT. INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO. IN CONNECTION
WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BHAARAT ONE HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
BHAARAT ONE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF
BHAARAT ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BHAARAT ONE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND BHAARAT ONE'S REASONABLE CONTROL, IN NO EVENT, SHALL BHAARAT ONE'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED RUPEES THEN THOUSAND (INR 10,000).
BHAARAT ONE'S SERVICES MAY BE USED BY YOU TO REQUEST ÅND SCHEDULE HOME-BASED SERVICES WITH THIRD PARTY PROVIDERS, BUT you AGREE
THAT BHAARAT ONE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO you BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY outlined in THESE TERMS]
BHAARAT ONE WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD PARTY
PROVIDERS, IN A REASONABLE WAY AND ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, BHAARAT ONE WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS
OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF BHAARAT ONE. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING MANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION
You agree to indemnify and hold Bhaarat One and its affiliates and their officers, directors, employees, and agents are harmless from any claims. demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services or sen•ices or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Bhaarat One's use of your user Content; or (iv) you,.r violation of the rights of any third party, including Third Party Providers ( 'Losses 'D.
Your liability under this clause shall be reduced proportionately if, and to the the extent that, Bhaarat One directly caused or contributed to any such Losses
6. GOVERNING LAW; ARBITRATION
There are several mechanisms available to you to resolve any dispute, conflict, claim, or the controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided by a Third Party Provider (any "Dispute"). Bhaarat One or its affiliates operate a complaints process to allow you to make complaints about Bhaarat One of Third-Party Providers and Bhaarat One or its affiliates also manage refunds to you concerning those complaints. Bhaarat One or its affiliates will reasonably operate this complaints process You agree and acknowledge that you must raise any Dispute with the Services or the services provided by a Third Party Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to raise a Dispute within 48 hours from the initial occurrence of such Dispute, Bhaarat One shall be under no obligation to resolve such Dispute. If a The dispute is reported more than 48 hours after the initial occurrence of the Dispute Bhaarat One shall in its sole discretion choose whether or not to attempt resolution of the Dispute.
Also. you may have the right to make a complaint to fair trading or consumer law bodies concerning applicable consumer laws, including the nonexcludable portions of the relevant Consumer Law legislation.
Except as otherwise outlined in these Terms, these Terms shall be exclusively governed by and construed following the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISC) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties, If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be New Delhi, India.
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