THE SERVICES
Indipristius 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 Indipristius’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 Indipristius 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 Indipristius has agreed with you otherwise in a separate agreement. You acknowledge that Indipristius 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 Indipristius or any of its affiliates. Indipristius accepts liability for the Services and the Indipristius 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, Indipristius grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Indipristius 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 rights not expressly granted herein are reserved by Indipristius andIndipristius’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, 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 Indipristius ; (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.
You acknowledge that portions of the Services may be made available under Indipristius’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Indipristius’s subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Indipristius does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Indipristius does not endorse such third party services and content and in no event shall Indipristius be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain Indipristius’s property or the property of Indipristius ’s licensors. Neither these Terms nor your use of the Services convey 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 Indipristius’s company names, logos, product and service names, trademarks or services marks or those of Indipristius’s licensors.
3. YOUR USE OF THE SERVICES
User Accounts.
In order 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 Indipristius 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 Indipristius 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 other 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 method of identity verification.
No Discrimination.
Indipristius 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 Indipristius 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.
Text Messaging.
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 Indipristius at any time by informing Indipristius 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.
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 Indipristius under the consumer guarantees, the services are provided “as is” and “as available.” Indipristius 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 requested through the use of the services, or that the services will be uninterrupted or error-free. Indipristius 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 permitted under applicable law, including the relevant consumer law legislation.
LIMITATION OF LIABILITY.
If you are acquiring the services as a consumer, Indipristiuss 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.
Indipristius’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: Indipristius 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 Indipristius has been advised of the possibility of such damages. Indipristius 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 Indipristius has been advised of the possibility of such damages. Indipristius I shall not be liable for delay or failure in performance resulting from causes beyond Indipristius’s reasonable control. In no event shall Indipristius’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).
Indipristius’s services may be used by you to request and schedule home-based services with third party providers, but you agree that Indipristius India 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.
Indipristius 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 legislation.
Notwithstanding anything contained in these terms, Indipristius 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 Indipristius. 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 any of the non-excludable requirements of the relevant consumer law legislation.
Indemnity.
You agree to indemnify and hold Indipristius 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) Indipristius’s use 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 reduced proportionately if, and to the extent that, Indipristius directly caused or contributed to any such.