TERMS AND CONDITIONS
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9/15/21, 2:51 PM TERMS AND CONDITIONS
The Services are made available solely for your personal, non commercial use, unless Goeasy home care services has agreed with you otherwise in a separate agreement. You acknowledge that Goeasy home care services does not provide home-based services and that all Goeasy home care services home-based services are provided by independent third party contractors who are not employed by Goeasy home care services or any of its affiliates. Goeasy home care services accepts liability for the Services a the GOEASY HOME CARE SERVICES Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you. License. Subject to your compliance with these Terms, Goeasy home care services grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licens to: (i) access and use the GOEASY HOME CARE SERVICES Platform on your personal 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 righ not expressly granted herein are reserved by Goeasy home care services and Goeasy home care serviceslicensors. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reprodGoeasy home care servicese, modify, prepare derivativ 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 Goeasy home care services; (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 for the purpose of scraping, 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.
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9/15/21, 2:51 PM TERMS AND CONDITIONS
any other user in the event that Goeasy home care services reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulen illegal, or in violation of the applicable Promo Code terms or these Terms. User Provided Content. Goeasy home care services may, in Goeasy home care servicessole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Goeasy home care services 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 yo property. However, by providing User Content to Goeasy home care services, you grant Goeasy home care services a worldwide, perpetual, irrevocable, transferable, royalty-f 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 Goeasy home care services User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Goeasy home care servicesbusiness and on third-party sites and services), without further notice to or consent from you, and without the requirement of paymen 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 Goeasy home care services the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of Goeasy home care services User Content nor Goeasy home care servicesuse 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 applica 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 User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Goeasy home care services in its sole discretion, whether or not Goeasy home care services material may be protected by law. Goeasy home care services ma but shall not be obligated to, review, monitor, or remove User Content, at Goeasy home care servicessole discretion and at any time and for any reason, without notice to you. Network 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 Goeasy home care services rates and fees. You are responsible for acquir and updating compatible hardware or devices necessary to access and use the Services and GOEASY HOME CARE SERVICES Platform and any updates thereto. Goeasy home care services do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 4. PAYMENT 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, Goeasy home care services will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as Goeasy home care services Third Party Provider’s limited payment collection agent. Payment of the Charges in Goeasy home care services manner shall be considered the same as payment made directly by you to the Third Party Provider. Goeasy home care services shall charge you a convenience fee (“Fee”) for the Services provided by Goeasy home care services to you. The Fee may be charged from you at th time of booking of services on the platform or upon the completion of service. Goeasy home care services Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable, unless otherwise determined by Goeasy home care services or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you may 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 Th Party Provider for services received by you from Goeasy home care services Third Party Provider at the time you receive Goeasy home care services services. Goeasy home care services will respond accordingly any request from a Third Party Provider to modify the Charges for a particular service. All Charges and Fee are due immediately and payment will be facilitated by Goeasy home care services using the preferred payment method designated in your Account, after which Goeasy home care services 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 Goeasy home care services 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 Goeasy home care services, Goeasy home care services 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 Goeasy home care servicessole discretion. Further, you acknowledge and agree that Charges and Fees applicable i certain geographical areas may increase substantially during times of high demand. Goeasy home care services will use reasonable efforts to inform you of Charge and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of Goeasy home care services Charges, Fees or the amounts thereof. Goeasy home care services may from time to time provide certain users with promotional offers and discounts that may res in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that Goeasy home care services 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 yo request for services from a Third Party Provider at any time prior to Goeasy home care services Third Party Provider’s arrival, in which case you may be charged a cancellation f Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged/ dedGoeasy home care servicested on cancellation fee will charged to you by Goeasy home care services. Further, Goeasy home care services may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefit Goeasy home care services 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 b agreed with you in advance. This payment strGoeasy home care servicesture is intended to fully compensate the Third Party Provider for the services provided. Goeasy home care services does not designate any portio of your payment as a tip or gratuity to the Third Party Provider. Any representation by Goeasy home care services (on Goeasy home care serviceswebsite, in the Application, in Goeasy home care servicesmarketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for servic provided is not intended to suggest that Goeasy home care services provides any additional amounts, beyond those described above, to the Third Party Provider. Y 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 wil 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 Goeasy home care services 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. DISCLAIMER. EXCEPT AS REQUIRED OF GOEASY HOME CARE SERVICES UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOEASY HOME CARE SERVICES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT 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 REQUESTEDTHROUGHTHEUSEOFTHESERVICES ORTHATTHESERVICESWILLBEUNINTERRUPTEDORERROR FREE URBANCOMPANYDOESNOT Blog Register As A Professional Login / Sign Up
9/15/21, 2:51 PM TERMS AND CONDITIONS
REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOEASY HOME CARE SERVICES 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, TO THE MAXIMUM EXTENT PERMITTE UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION. LIMITATION OF LIABILITY. IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, GOEASY HOME CARE SERVICES’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. GOEASY HOME CARE SERVICES’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: GOEASY HOME CARE SERVICES 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 CONNECTIO WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GOEASY HOME CARE SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF GOEASY HOME CARE SERVICES DAMAG GOEASY HOME CARE SERVICES 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 I GOEASY HOME CARE SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF GOEASY HOME CARE SERVICES DAMAGES. GOEASY HOME CARE SERVICES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOEASY HOME CARE SERVICESREASONABLE CONTROL. IN NO EVENT SHALL GOEASY HOME CARE SERVICESTOTAL LIABILI TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES THEN THOUSAND (INR 10,000). GOEASY HOME CARE SERVICESSERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE HOME-BASED SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGRE THAT GOEASY HOME CARE SERVICES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. GOEASY HOME CARE SERVICES WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD PARTY PROVIDERS, IN A REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATIO NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, GOEASY HOME CARE SERVICES WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELA OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF GOEASY HOME CARE SERVICES. GOEASY HOME CARE SERVICES ACTS SHALL INCLUDE BUT NO 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 ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION. Indemnity. You agree to indemnify and hold Goeasy home care services and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Goeasy home care servicesuse of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers ( ” Losses ” ). Your liability under this clause shall be redGoeasy home care servicesed proportionately if, and to the extent that, Goeasy home care services directly caused or contributed to any Goeasy home care services Los 6. GOVERNING LAW; ARBITRATION. There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its constrGoeasy home care servicestion or its enforceability or with the services provided by a Third Party Provider (any “Dispute”). Goeasy home care services or its affiliates operate a complaints process to allow you to make complaints about Goeasy home care services or Third Party Providers, and Goeasy home care services or its affiliates also manage refunds to you in relation to those complaints. Goeasy home care services or its affiliates wi operate this complaints process in a reasonable manner. 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 hours from the initial occurrence of Goeasy home care services Dispute, Goeasy home care services shall be under no obligation to resolve Goeasy home care services Dispute. If a Dispute is reported more than hours after the initial occurrence of the Dispute Goeasy home care services shall in its sole discretion choose whether or not to attempt resolution of the Dispute. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the nonexcludable portions of the relevant Consumer Law legislation. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) 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 eit party elects to pursue final and binding arbitration, the venue of the arbitration shall be New Delhi, India. Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of condGoeasy home care servicesting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms. 7. Other Provisions Claims of Copyright Infringement. Claims of copyright infringement should be sent to [email protected]. Grievance Officer. For the purposes of Consumer Protection Act, 2019 and rules and regulations thereunder, the grievance officer of Goeasy home care services shall be: Ms. Pavitra Mani Goeasy home care services Technologies India Private Limited 416, Udyog Vihar III, Sector 20, Gurugram, Haryana 122008 E-mail: [email protected] Phone: +91 124 457 0250 Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays. Notice. Goeasy home care services may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Goeasy home care services by written communication to Goeasy home care services address at R-5, PNR House, Green Park Market, New Delhi- 110016. General. You may not assign or transfer these Terms in whole or in part without Goeasy home care servicesprior written approval. You give your approval to Urban Compan Blog Register As A Professional Login / Sign Up
9/15/21, 2:51 PM TERMS AND CONDITIONS
for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Goeasy home care services equity, business or assets; or (iii) a Goeasy home care servicescessor by merger. No joint venture, partnership, employment or agency relationship exists between you, Goeasy home care services or any Third Party Provider as a result of the contract between you and Goeasy home care services or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, Goeasy home care services provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the party with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding Goeasy home care services subject matte Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words “including” and “include” mean “including, but not limited to.”