TERMS & CONDITIONS
TERMS & CONDITIONS
Please read the following terms and conditions carefully before using our website.
1. General T&C
You (that is our customer), register a new booking an appointment with the company. Company (the is company is hereby referred to as Fix Problems Services Private Limited). Booking an appointment – You can book via the registration with the website to hire the technicians, handymen or repair professionals to avail of the services. Bookings can be made for single services, multiple services or annual maintenance contracts. Appointment Date/Time - The date and time fixed for your services to be provided and as mentioned in the registration form. You can also choose your term as per your need - once, weekly and monthly. Service Provider – Service providers, Handymen, and Skilled Professionals are interchangeable terms used for Technicians, Electricians or Private Repair Professionals registered with the Company to offer their services to the end customers.2. Use of Services
a) The Company provides handymen jobs in residential, commercial and industrial regions in the Delhi/NCR (National Capital Region) such as repairing, wiring, plumbing, painting and oter civil-related services. You agree to obtain the services offered by third-party Technicians/Service Providers/Private Repair Professionals/Handymen ("the Service Provider") via us. All the services provided by the Company to you by means of your use of the registration on the website of the Company are hereinafter referred to as the "Service."
b) The entire Booking an Appointment request as may be directed by the customer/you shall be forward to the concerned repair professional/service provider by the Company. The Service Provider shall be provided on an availability basis and the same shall be communicated to the customer through the company's internal communication mechanism procedure, however, it is clarified that on availability of the Service Provider, the communication details of Service Provider & Customer shall be shared between both of them by the Company for the ease of both the parties to perform or exercise their rights & obligations.
c) In case, the Service Provider accepts the booking request requested by you via the Company website, your information is sent to the Service provider including your name, contact number, address, etc.
d) Company shall make reasonable attempts to connect you to the Service Provider in order to provide you with the required service, subject to the availability of the Service Provider in or around your location at the time of your booking request made to the Company.
e) It is crucial to mention here that, the Company itself does not own/regulate the Service providers and neither does there exist any employer/employee relationship between the company and them. It is the Service Provider who shall provide the required services to you as per the relevant information presented to the company while registering with the company. The condition of the services to be provided by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement, in any manner whatsoever. Acceptance of booking request by the Company and the Service Provider does not reach your service location or decide not to provide services, in that case, the Company shall not be held responsible to you in any manner whatsoever and neither the Customer is under obligation to make any payment to the service provider in lieu thereof.
f) You hereby certify and confirm that the relevant information you provide to the Company while registering with us for services or creation of the account is true and complete in all respect as may be required by the Company in the application form. The Company is authorised to an all-time verify the information that you have provided. The Company shall not be liable if you do not visit the right web portal or dial-in the correct call centre number. The Company reserves the right to discontinue or introduce any of the modes of booking Service Provider.
g) You are expected to treat the Service provider introduced to you via us with respect and not cause harm to them or engage in any unlawful, threatening, harassing, abusive behaviour or activity while using their service.
h) Before handing over the products to be repaired to the Service Provider, the customer shall be cautious and ensure themselves about the credibility of the Service Provider and any defect in Service or theft/ damage to the asset; spare parts; accessories; products shall not be compensated by the Company in any manner whatsoever. It is explained that the Company shall not be liable in any manner whatsoever if any such harm/damage/ loss is caused to the Service Provider due to any such handling of products to the Service provider for Service.
i) You should confirm and clarify from the service provider about the time applied and the spare parts required to provide the service including the total/aggregate service charges involved therein except the minimum cost before the start of the Service. In case the same is not discussed, it is meant that the customer is aware of the service charges and has agreed to avail of the services as may be informed or directed by the service provider.
j) You will compensate and defend the company fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
k) Please note that we are not responsible for the behaviour, actions or inactions, accuracy or inaccuracy, efficiency or inefficiency and quality of Service provided by the Service Providers which you may use (through us or otherwise). Any agreement for the provision of services is exclusively between you and the Service provider and not us in any manner whatsoever and we simply provide a platform to introduce the Service provider and the Customer seeking the said service.3. Charges and Payment
You will make payment in full to the Service provider introduced to you through us for any services provided by such Service provider to you. You shall be required to pay the minimum charges & Repair charges along with the spare parts costs if any are installed or replaced/substituted in the products, to the Service Provider and the minimum service charges rates can be found on the Website of the Company. The Service charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the prevailing minimum charges for the services. And you should confirm the same from the Service provider about the service charge for the repair of the products before initiation of the Service. You agree that you will pay for all services you avail from the Service Provider either by way of cash, cheque, online payment, or any other payment method introduced by the company. Any payment made is non-refundable. After the completion of the Service, we will facilitate for you to receive a copy of the acknowledgement from the Service Provider on your registered e-mail account with the Company.4. Indemnification
By accepting these User Terms, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the Website.5. Liability
1. The information and recommendations provided to you on or through the Website are for general information purposes only and do not constitute any advice. The Company will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate in all means.
2. The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
3. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000.
4. The quality of the services requested through the use of the Application or the Service is entirely the responsibility of the Service Provider who ultimately provides such services to you. The Company under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the services provided by the Service Provider should therefore be submitted to the Service Provider.
6. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights)
1. The Company is the sole owner of all the rights to the website or any other digital media and its contents mentioned on the website. The content means its design, layout, text, images, graphics, sounds, video, etc. the website or any other digital media content embodies trade secrets and intellectual property rights protected under applicable laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, and authorized representatives as the case may be.
2. All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
3. All related icons and logos are trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7. Modification of the Service and User Terms The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
8. Notice The Company may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.
9. Privacy and Cookie Notice The Company collects and processes the personal data of the visitors/ registered customers of the Website and the promotional offers may be sent by the Company on a time to time basis unless the same is denied by them by informing the Company.
10. Excusable Delays (Force Majeure) Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.11. Miscellaneous
1. In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at NOIDA. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at NOIDA, Uttar Pradesh only shall have exclusive jurisdiction.2. The Courts of Delhi shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Service Provider or Company within 30 days from the service date after which no claim shall be entertained.