Terms of Service by Policyaide consultants india pvt ltd
This ‘EstateMan’[**Website/ Application/ Services] is/are [**operated /provided] by Policyaide Consultants India Pvt ltd.
These terms and conditions (“User Terms”) apply to your visit to and your use of the website and Services at www.estatemanservice.com / www.estatemanservice.in (the “Website”) whether through a computer or a mobile phone, the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application. For the purposes of this User Terms, “PA” shall mean Policyaide consultants india pvt ltd . “You” and “your” means a person who meets the eligibility criteria set out below.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE AND WEBSITE.
SERVICES
PA offers information and a means to obtain services offered by Manager of Your Estate (MOYE) ,Worker, which may be requested through Mobile SMS, Website, the use of an application supplied by PA and downloaded and installed by you on your single mobile device (smart phone) (the “Application”) or through any other channel made available by PA. All services provided by PA are hereinafter referred to as the “Service”.
AGREEMENT BETWEEN PA AND YOU
By using the Service, you enter into a contract with PA (the “Contract”). In order to be able to use the Service, you first need to read and accept the terms and conditions on the website. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service.
HOW TO USE THE SERVICE
The service allows you to send a request through PA. The MOYE has sole and complete discretion to accept or reject each request for service. If the MOYE accepts a request, PA notifies you and provides information regarding the MOYE – including worker name, mobile number.
PA shall procure reasonable efforts to bring you into contact with a MOYE in order to obtain service, subject to the availability of worker.
For the avoidance of doubt: PA on its own does not provide Estate services, and PA is not a MOYE. It is up to the MOYE to offer Estate Services, which may be requested through the use of Mobile sms/website/app. PA only acts as intermediary between you and the MOYE. The provision of the Estate services by the MOYE to you is therefore subject to the agreement (to be) entered into between you and the MOYE. PA shall in no event be made a party to such agreement.
YOUR USE OF THE SERVICE
Our Services are available only in estates registered with us. You warrant that the information you provide to PA is accurate and complete for the information requested by the respective channel of service. PA is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. PA will not be responsible for any loss, damage or disruption of service due to error in data provided at the time of Service request.
Service request via website: You may place a request of service (ROS) through login provided on our website www.estatemanservice.com. It is mandatory to register with a valid mobile number to avail the services . By signing up, you also agree to the User Terms governing the site. PA will store the information provided for contacting you for all service related matters. You shall promptly inform PA on any change in the information provided, in order to serve you better.
Bookings via Mobile Application: You may download PA application on your device for availing the Service. By downloading the Application, you also agree to the User Terms. PA will store the information provided for contacting you for all service related matters. You may promptly inform PA on any change in the information provided, in order to serve you better.
It is your responsibility to check to ensure you download the correct Application for your device. PA is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. PA reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you further agree that:
You will only use the service or download the application for your sole, personal use and will not resell it to a third party; you will not authorize others to use your account(i.e. you will maintain your password secret and keep it changing regularly for security); You will not assign or otherwise transfer your account to any other person or legal entity; You will not use an account that is subject to any rights of a person other than you without appropriate authorization; You will not use the service or application for unlawful purpose, including but not limited to sending or sorting any unlawful material or for fraudulent purpose; You will not use the service or application to cause nuisance, annoyance or inconvenience; You will not impair the proper operation of network; You will not try to harm the service or application in anyway whatsoever; You will not copy, or distribute the application or other PA content without written permission from PA; You will keep secure and confidential your account password or any identification PA provides you which allows Access to the service through any booking channel; You will provide PA with whatever proof of identity PA may reasonably request; You will only use an authorized network to avail the service; You are aware that when requesting services by SMS(if available in your jurisdiction)standard messaging charges will apply ; You will not use the service or application with an incompatible or unauthorised device; You will comply with all applicable law from your home nation, the country , state and/ or city in which you are present while using the application/service.
PA reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
CONFIRMATION OF BOOKING
PA shall, upon receiving the ROS from you in the manner set out above, proceed to confirm or decline the ROS based on the availability of WORKER. In the event the ROS is confirmed, you shall check the ROS details through sms/website/app.
You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation sms/email or failure to inform PA of the incorrect details immediately.
PAYMENT
Payment for the services rendered to the residents of the Estate shall be made by the MOYE of the Estate as per the terms and conditions agreement signed (between PA and Estate resident society) at the time of start of the service.
MESSAGING
You may, upon availing or attempting to avail the Services, receive messages in your registered mobile phone from PA regarding the following: (i) confirmation of ROS (ii) PA declining your ROS; (iii) providing WORKER details. However, the above list is not exhaustive in nature and you may receive additional and different messages from PA. You hereby understand, agree and give consent to the receipt of such messages from PA.
CUSTOMER RELATIONSHIP MANAGEMENT
All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us by WEBSITE/APP. This is the official and only channel for redressal of any customer issue.
Reporting of any issue needs to be within 24 HRS of the happening of the issue, failing which, such issue will not be addressed. Any issue reported on channels other than the above may be addressed by PA only on a best-effort basis. PA takes no liability for inability to get back on other channels. PA shall respond to your issues within 3 working days of your reporting the same. PA shall endeavour to resolve the same within 10 working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, PA shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
INDEMNIFICATION
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold PA, 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 MOYEs arranged via the Application, Website or through our online call center or (c) your use or misuse of the Application or Service.
LIABILITY
The information, recommendations and/or Services provided to you on or through the Website, the Application and by our online call centre are for general information purposes only and do not constitute advice. PA will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
PA shall not be liable for consequential effects due to undelivered as the Service is dependent on many factors not in our control. It is hereby clarified that PA is only a facilitator and shall in no event be made liable for any delays or any losses suffered by you due to such delay in service.
PA shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of website URL, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of PA.
PA shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, or e-mail/sms communication 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.
You shall take full responsibility of your items and luggage in your house during service. In case of lost items inside your house during service PA will not responsible for the same in case of loss or damage to the same.
PA will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided by the mobile service provider of the PA or your and /or the person whose number has been provided for ROS .
PA will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by way of SMS shall be used for planning a meeting and/or any other purpose. PA shall not be responsible for any delay on account of such situations and information provided is only for sending the SMS for service.
The PA does not assure a complete sustainability of its Service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner. PAs shall not be responsible for any loss of communication / information of status update & benefits under the program. All this information will be send on mobile number &/or email ID registered with PA. PA will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding ROS confirmation.
Any information sent by PA will be sent only to the mobile numbers/e-mail ids registered on PA system. PA will not be responsible for any change in the mobile number/e-mail ids which have not been updated on the website by you.
The quality of the services requested through the use of PA system is entirely the responsibility of the MOYE who ultimately provides ESTATE services to you. PA promises its best endeavour to provide sufficient training, quality control procedures and processes to ensure best services by MOYEs. However, under no circumstance accepts liability in connection with and/or arising from the Estate services provided by the MOYE or any acts, action, behaviour, conduct, and/or negligence on the part of the MOYE. Any complaints about the Estate services provided by the MOYE should therefore be submitted to PA for escalation to the MOYE.
IN NO EVENT SHALL PA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’S SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF PA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO ACCESS THIS WEBSITE OR APPLICATION, AVAIL OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OBTAINED THROUGH THIS WEBSITE OR APPLICATION OR ANY OTHER EXTERNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PA OR ANY OF PA’ SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PA AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 50/- (Rupees Fifty ).
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials owned or used by PA, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party.
“User” means a person who accesses or uses the Service or Application, in this case, you
Subject to your compliance with these User Terms, PA grants you a limited, non-exclusive, non-transferable license: to view, download and print any content solely for your personal and non-commercial purposes; and
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Content, except as expressly permitted in these User Terms. You may not reuse any Content without first obtaining the written consent of PA. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PA or its licensors, except for the licenses and rights expressly granted in these User Terms.
Any use by you of the content is entirely at your own risk.
APPLICATION LICENSE
Subject to your compliance with these User Terms, PA grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
PA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PA may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that PA has no obligation to monitor your access to or use of the Website, Service, Application or Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PA reserves the right, at any time and without prior notice, to remove or disable access to any Content that PA, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
INTELLECTUAL PROPERTY OWNERSHIP
PA alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by PA. PA’s name, logo, and the product names associated with the Application and Service are trademarks of PA, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond PA’s control.
During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of MOYEs, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links take you off the Website, the Application and the Service and are beyond PA’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. PA is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
TERM AND TERMINATION OF LICENSE AGREEMENT
The agreement between PA and you is perpetual in nature upon downloading the Application and for each service in any other mode.
You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on PA’s website.
PA is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of PA, misuse the Application or the Service. PA is not obliged to give notice of the termination of the agreement in advance. After termination PA will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
DISCLAIMER
It is hereby clarified that, PA being a facilitator, cannot guarantee the availability of a service even though the ROS is confirmed. PA will endeavour to arrange a service for you through MOYE. However failure in providing service shall not make PA liable for any damages.
This Website, Application and all content on the Website and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Website and/or Application, that your access of the Website and/or Application and availing of Services is at your sole risk, that you assume full responsibility for all costs associated with your access and use of the Website and/or Application, and that PA shall not be liable for any damages of any kind related to your access and use of this Website and/or Application.
All images, audio, video and text in the Website and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any character in a video to anybody or anything in any context is purely unintentional and/or coincidental. PA’ rights are subject to the terms of the agreement entered between PA and its content and image providers.
MODIFICATION OF THE SERVICE AND USER TERMS
PA reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or 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/sms. PA may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
NOTICE
PA may give notice by means of a general notice on the Service or Application or sms, or by electronic mail to your email address on record in PA’s account information, or by written communication sent by regular mail to your address on record in PA’s account information.
ASSIGNMENT
You may not assign your rights under these User Terms without prior written approval of PA.
PRIVACY AND COOKIE NOTICE
PA collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in JAIPUR ,RAJASTHAN , India.