These terms and conditions ("Terms") govern the "Customer’s"/ “User’s” access to and use of our platforms.
If you do not agree to be bound by these Terms, you are not permitted to use our platforms.
In these terms, references to “you”, “yourself”, “your”, “user”, “requesting user”, “visitor”, “customer”, shall mean the end user/customer accessing and/or using our platforms, its contents and availing the services offered through the platforms.
The terms, “Axzora” “we”, “us”, “our” shall mean Axzora Private Limited and its team.
1. INTRODUCTIONAxzora is a professional service listing website/mobile application which enables professional service providers (hereinafter, “service providers”) across several categories, to get their services listed on our platform.
The platform enables you/users to choose from multiple categories of professional services under one roof, including those around the home, And to connect with these service providers.
WE ONLY PROVIDE A PLATFORM THAT CONNECTS YOU/ THE REQUESTING USERS AND THE SERVICE PROVIDERS. WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY OF THESE SERVICES, NOR DO WE HAVE CONTROL OVER THE QUALITY, TIMING, PROVISION OR FAILURE TO PROVIDE, OR ANY ASPECT WHATSOEVER RELATING TO THE IDENTIFICATION, REQUEST, OR PROVISION OF HOME SERVICES RELATED, DIRECTLY OR INDIRECTLY, TO OUR PLATFORM.
These professional services listed on our platform by the service providers include but are not limited to home appliances repair, spa, plumbing, civil works, car services, emergency services, cab/taxi services, pest control, real estate, insurance etc (collectively, “Services”). Explore more here: http://www.axzora.com/all-categories.
You must become a registered User by creating a User Account (as defined below) to request assistance and connect with a Home Service Professional. You may access the Service from a computer or mobile device.
2. INTERPRETATION:Paragraph Headings in these Terms are included for ease of reading and shall not affect the interpretation of these Terms.
If there is an inconsistency between any of the provisions in the main body of these Terms and the Service Description, the provisions in the main body of these Terms shall prevail.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
You agree that you have provided true, accurate, current and complete information to us in connection with the use or access of our platforms.
4. GENERAL PROVISIONS OF USAGE:REQUESTING/CANCELLING SERVICES
• You must become a registered User by creating a User Account by providing your name, email address, mobile number to request assistance and connect with a service provider.
• You may access/use our platform from a computer/mobile phone/tablet.
• When placing a request, you are solely responsible for confirming the accuracy of all information provided, including, the work requested to be done and the location at which you will require such Services to be delivered.
• Each Request is limited to one discrete Service to be provided by one or more Service Providers. If you wish to opt for more than one Service, you must make a separate Request for the other services.
• As a Requesting User, by confirming your Request, you understand and agree that you have made a request, which a Service Provider has the power to accept or reject in his or her sole discretion.
• Once you have confirmed your Request, you may cancel the same without provided that the Service Provider has not departed his or her current location to deliver the service at the location provided by you or if the Service Provider does not arrive at the location within the estimated time period.
• You understand that once a Service Provider accepts your Request, we may notify you with information about the Service Provider, such as his/her name, company name, contact number, customer service rating.
5. FEES & PAYMENT TERMS:a. Important Clarification Regarding Relationship.
You contract directly with the Service providers. We will not be a party to any agreements or contracts for Home Services. We act to co-ordinate payments between you and the service providers but do not act as a prime contractor for the Home Services and nothing in our involvement in the payment process makes us responsible for the Home Services. Your contract for Home Services is with the service providers and not with us.
b. Service Payment and Billing.
You will be responsible for paying the invoice for each Service, which will include the pricing terms of the Service agreed to between You and the Service Provider. By submitting a Request, you agree that you will pay for the Services requested (including all materials, taxes, as applicable) that may be accrued by or in connection with your User Account, unless otherwise provided in this Agreement. The charges for the services will be fixed by the service providers and will be largely based on the information the service providers give to us through our platform. Once the service has been delivered to you, you are required to process the payment at the time of delivery through our payment gateway.
You further agree that you are responsible for the timely payment of all Services delivered to you and that any such Service Payment made is non-refundable unless agreed previously between you and the concerned service provider.
d. Payment Gateway
You are required to provide your credit/debit card/ bank account details (as specified in any registration forms provided when registering for your User Account).
By doing so, you authorize us to provide this information to the third-party payment processor (the "Payment Gateway") we retain.
You acknowledge and agree that the terms of the Payment Gateway will govern your agreement and interactions with the Payment Gateway and that our terms and policies do not govern and that we have no liability arising from your use of or access to the Payment Gateway.
You should review the applicable terms and policies of the Payment Gateway, including its privacy and data gathering practices. We are not responsible for any arrears by the Payment Gateway.
e. Our Fees
There is currently no charge for your use of our platforms, to the extent this includes browsing the Website, downloading the App, Requesting Services, and reviewing Services provided by the Service Providers.
f. No Obligation to Withhold Taxes
Except for applicable taxes indicated on your Invoice, we do not collect or remit any taxes for any Service Payments received in any jurisdiction.
You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our platforms and that in no event will we be responsible for any tax compliance.
You further agree to indemnify and hold us and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims by a taxing authority or any taxes related to your use of the platform.
6. PROHIBITED SERVICESWhile using the Platform, you further agree not to request, offer, negotiate, or complete any portion of a Home Service that: i) would violate, or lead to the violation of, any applicable local, state, territorial, national or international law or regulation,
ii) encourage or facilitate illegal activity, pornographic or obscene services including sexual and escort services, and offers and solicitations of prostitution,
iii) you have no legal right to request or perform, or
iv) would be considered, in any way, to form part of a lottery, raffle, affiliate marketing scheme, multilevel marketing, or be related to spam, or any other form of solicitation that is not authorized by this Agreement.
7. AMENDMENTSWe reserve the right to change, modify, add, or delete portions of this Agreement in our sole discretion from time to time without further notice. If we do this, we will post the latest version of this Agreement on this page at http://www.axzora.com/terms-conditions and we will indicate at the bottom of such page the date of the last revision or modification. If you do not agree to abide by this or any future version of the Agreement, do not use or access (or continue to use or access) this platform.
It is your responsibility to regularly check this page to determine if there have been changes to this Agreement and to review such changes.
8. CONTENTIn this Agreement, "Content" means all materials and content of any type, including, but not limited to, ratings, photos, graphics, images, designs, profiles, messages, information, notes, text, information (including Registration Data, Requests, location), music, sound, video, articles, and software.
9. USER CONTENT AND YOUR LICENSE TO USThe Platform permits you (or any person using your User Account) to submit, transmit, copy, make available and distribute Content (collectively, your "User Content"), and we do not claim ownership over any User Content. By providing any User Content, you:-
a. acknowledge that we reserve the right to refuse to accept, display, or transmit any User Content in our sole discretion,
b. grant us the worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content as permitted by the functionality of the platform (the "User License") on the following terms:-
i) the User License is limited to the purpose of offering the Services,
ii) the User License includes our right to sublicense to service providers for the sole purpose of offering/delivering the Services, at all times in accordance with this Agreement, and
iii) the User License will end, and we will cease to use User Content, a commercially reasonable period after such User Content is removed from our platform.
c. represent and warrant to us that:-
i) you have all right, title and interest to grant the User License,
ii) the User Content does not infringe on any other person's copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, and
iii) no User Content contains any libellous, defamatory or otherwise unlawful material, and
d. hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third-party claims that your User Content infringes on any other person's rights (including all of the rights set out in (b) above).
10. OUR LICENSE TO YOUProvided that you are eligible for use of our platform, and that you agree to this Agreement, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the platform and to download or print a copy of any portion of the same Content solely for your personal, non-commercial use, and for such use expressly permitted by this Agreement, subject to this Agreement and provided that you keep all copyright or other proprietary notices intact.
You agree to respect all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Website or the App.
You further agree not to change, translate, or otherwise create any derivative works of the Service.
If we revoke our license to you, you agree to remove any Content infringing the terms of this Agreement and that the terms of the Agreement will survive such revocation and continue to bind you.
11. USER CONDUCT (THINGS YOU MUST NOT DO).You acknowledge and agree that the platform is available for your personal use only in connection with the proper requesting for services and may not be used for any other commercial purpose. Without restricting anything else in this Agreement, you agree not to:-
a. except in furtherance of your permitted use of the platform, alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Platform Content,
b. except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the platform, its Content, or any part thereof,
c. use any data mining, robot or similar data gathering or extraction methods.
d. register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity),
e. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, User Account.
12. OTHER USESAny use of our platform other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein.
Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
13. MODIFICATIONS TO THE PLATFORMWe reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the platform or any part thereof with or without notice.
NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
14. TERMINATION/SUSPENSIONYou may terminate your User Account at any time by deleting your User Account.
We reserve the right to terminate, suspend, or deactivate your User Account if we suspect or determine, in our sole discretion, that: -
i) you have misused our platform,
ii) have used our platform to violate any law or have breached any term of this Agreement.
We will give you notice of such deactivation and you agree to immediately cease use of our platform.
15. THIRD PARTY SITES AND CONTENTThe platform may contain links to other web sites ("Third Party Sites") as well as Content (for example GPS systems) belonging to or originating from parties other than us or our Users (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through our platform or any Third Party Content available on the platform, including, without limitation, the content, accuracy, safety, functioning, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave our platform and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same and that we have no liability arising from your use of or access to any Third Party Site or Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the platform.
REFERENCE ON OUR PLATFORM TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION OF A THIRD PARTY, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY (A) ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY, OR (B) OR ANY AFFILIATION THEREOF WITH AXZORA.
16. ADVERTISEMENTSWe may run advertisements and promotions on the platform. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the platform is subject to change in our sole discretion.
17. USER-AND-USER DISPUTES AND RELEASEThe platform is only a venue for connecting you with service providers. We are not involved in the actual contact between Users or in the provision of Services and you are solely responsible for your interactions with other Users and/or service providers.
If you have a dispute with any of the service providers with respect to the services delivered, you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect arising out of or in any way connected with such disputes.
18. DISCLAIMERSa. Availability
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site or combination thereof.
b. No Guarantee.
We make no guarantee regarding the provision of Services, the acceptance of any Requests for the provision of Home Services, the availability, workmanship, timeliness, integrity, ability or skill of the service providers or the Services they purport to be able or willing to provide. We do not guarantee that the service providers hold any qualification, certification, licence, schooling, training, or insurance required to provide the services.
c. AS IS; AS AVAILABLE
THE PLATFOTM AND THE SERVICE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM OR MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT. WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT OR THIRD-PARTY SITES.
19. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. WE WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON YOUR BEHALF, IN A REASONABLE WAY AND IN ACCORDANCE WITH APPLICABLE LAW.
You agree to indemnify and hold Axzora 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 platform or services obtained through your use of the platform;
(ii) your breach or violation of any of these Terms;
(iii) Axzora’s use of your User Content; or
(iv) your violation of the rights of any third party, including Users (/Losses/).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Axzora directly caused or contributed to any such Losses.
21. NO EMPLOYMENTYou hereby acknowledge and agree that no employment, joint venture, partnership, or agency relationship exists between you and us as a result of this Agreement or your use of our platform. We are solely independent contractors.
(a) comply with applicable law or legal process,
(b) enforce this Agreement,
(c) protect against imminent harm to any person, any safety of any person, or any property of any person, or
(d) such access, preservation, or disclosure is permitted under applicable law.
You further acknowledge that the platform uses the Internet and other, third-party networks, and that, accordingly, any information processed using the platform may be processed or transmitted over various networks (including those outside of our control).
23. COPYRIGHT, INTELLECTUAL PROPERTY AND CONTENT COMPLAINTSIf you believe that any Content on the platform infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the platform, you may send a written notification to our designated agent for copyright and other complaints:
By E-mail: email@example.com
24. ELECTRONIC COMMUNICATIONSWhen you use our platform, send e-mails to us, or register for a User Account, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account through your Registration Data or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
25. APP/ MOBILE PHONE USEYou agree to adhere to any terms of any app store, mobile software platform, payment platform, or other third-party services provided in connection with your use of the App.
We reserve all rights in and to the App not expressly granted to you under this Agreement and you only have a limited license to use it to access the platform in accordance with these terms. By providing your mobile phone number and using the platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts from us and certain other information of the Service Providers relating to Requests relevant to you, such as those you submit.
You understand and acknowledge that by communicating by calls or text, standard message charges or other charges from your wireless carrier may apply.
You may opt-out of receiving text messages from us by modifying your User Account settings on the Website or App or by emailing us at firstname.lastname@example.org.
27. GOVERNING LAW AND DISPUTE RESOLUTION:a. These TOU/Agreement shall be fully enforceable in India and shall be governed by and construed in accordance with the laws of India.
b. In the event of dispute arising out of or relating to these terms, including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by Mediation.
c. If the Parties are unable to reach an amicable and mutual settlement of the dispute within a period of 60 days from the date of appointment of the mediator, or such further period as the parties shall agree in writing, then the dispute will be referred to and settled by binding Arbitration.
d. The arbitration proceedings shall be conducted, including all documents presented in such proceedings in English language.
e. The seat of arbitration shall be in the State of Telangana, India and shall be conducted and administered by the Arbitrator under the provisions of the Indian Arbitration & Conciliation Act, 1996.
f. The award of the arbitrator shall be binding on the Parties and may be submitted in a court of competent jurisdiction for its execution thereof.
g. Parties agree to submit all their disputes arising out of or in connection with this agreement to the exclusive jurisdiction of the courts of the State of Telangana, India
h. The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of India.
i. The courts of the State of Telangana, shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to these terms.
28. ASSIGNMENT:You shall not, without the prior written consent of Axzora, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
(a) an amendment which would restore the validity of the term or condition or
(b) a comparable, valid term or condition.
30. WAIVER:No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
32. CONTACT US:Feel free to contact us:
Y-11, 5th Floor, Building No. 1
Jairam Complex, Neugi Nagar
Panaji - Goa, 403 001
2nd Floor, Maa Residency,
New Nagole Colony,
Secunderabad, 500 035
Contact Number: 9262626262