TERMS AND CONDITIONS
Last updated
December 20, 2023
AGREEMENT TO OUR LEGAL TERMS
We are
HospiHands Private limited
('Company',
'we', 'us', or
'our' )
, a company registered in
India
at
Plot No. 415, Duplex, Sector 12, Vasundhra, Ghaziabad, U.P., India
-201012.
We operate the
website
https://www.hospihands.com/
(the 'Site') ,
the mobile application
HospiApp (the
'App'), as well as any other related
products and services that refer or link to these legal terms (the
'Legal Terms')
(collectively, the
'Services').
These Legal Terms constitute a legally binding
agreement made between you, whether
personally or on behalf of an entity (
'you'), and
HospiHands Private limited, concerning your access to
and use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you
are using. The modified Legal Terms will become effective upon posting or notifying
you by noreply@hospihands.com, as stated in the email
message. By continuing to use the Services after the effective date of any changes,
you agree to be bound by the modified terms.
The Services are intended for users
who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us
to any registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Services from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as
well as the trademarks, service marks, and logos contained therein (the
'Marks').
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the
Services
'AS IS' for your
personal, non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
'
PROHIBITED ACTIVITIES
' section below, we
grant you a non-exclusive, non-transferable, revocable
licence to:
-
access the Services; and
-
download or print a copy of any portion of the Content to which you
have
properly gained access.
solely for your
personal, non-commercial
use.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
If you wish to make any use of the Services, Content,
or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request to:
connect@hospihands.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content,
and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the '
PROHIBITED ACTIVITIES
' section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By
sending us
Submissions through any part of the Services
you:
-
confirm that you have read and agree with our
'
PROHIBITED ACTIVITIES
' and will not
post, send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral
rights to
any such Submission;
-
warrant that any such Submission
are
original to you or that you have the necessary rights and
licences to
submit such Submissions and that you have
full authority to grant us the above-mentioned rights in relation to your
Submissions; and
-
warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions and
you expressly agree to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information you
submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly
update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply with these Legal Terms;
(4) you are not a minor in the jurisdiction in
which you reside
; (5) you will not access the Services
through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any
illegal or
unauthorised
purpose; and (
7) your use of the Services will not
violate any applicable law or
regulation.
If you provide any
information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
You may be required to register to use the Services. You agree to
keep your password confidential and will be responsible for all use
of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- UPI
You agree to provide current, complete, and accurate
purchase and account
information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact
you as needed. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in INR.
You agree to pay all charges at the prices then in
effect for your purchases and
any applicable shipping fees, and you
authorise us to
charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our
charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, until such time as you cancel
the applicable order.
We reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per household,
or per order. These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use the same billing
or shipping address. We reserve the right to limit or prohibit orders that, in our
sole judgement,
appear to be placed by dealers, resellers, or distributors.
We offer the following shipping options in India - you will be asked
to select
a shipping method at checkout.
-
Free - 3-7 Business Days
-
Standard - 2-5 Business Days
-
Fast - 1-3 Business Days
Order Processing Time:
All orders placed before 2 PM Monday to Friday are
processed and dispatched the
same day, all orders placed after will be dispatched the next day. All orders
placed during the weekend or on a public holiday will be sent from our warehouse
on Monday or on the next business day.
Delivery Address & P.O. Boxes
Please note that we are unable to modify the
delivery address once you have
placed your order. We are sorry but we do not ship to P.O. boxes.
International Orders
Your package may be subject to variable
delivery time, import duties and taxes.
You, as the customer, are responsible for paying those fees. We recommend that
you check with your local customs office before placing an order on our website
as these fees can sometimes be significant and we are unable to calculate these
for you.
Tracking Your Order
Once your order has been dispatched,
we will send you a confirmation email with
tracking information. You will be able to track your package directly on the
carrier’s website.
7. REFUND AND
CANCELLATION
Cancellation policy for subscription:
All purchases are non-refundable. You can cancel your
subscription at any
time by logging into your account. Your cancellation will take effect at the
end of the current paid term.
Cancellation policy for Professional Services:
You acknowledge that you do not have any statutory right to cancel
a
booking made for a Professional Service. However, you have a contractual
entitlement to cancel any booking you have made with an Independent
professional through us in the following circumstances and on the described
terms. Subject to the cancellation being a Late or Very Late Cancellation
(as described below), if you change your mind about your booking prior to
the agreed appointment start time in that booking (“Appointment Time”) then
the Independent professional will be willing to treat your booking as
cancelled (without requiring payment of all or any part of the applicable
Treatment Fee and without levying any cancellation fee) if you cancel your
booking via Our Site or Our App or via the online chat booking service (on
hospihands.com
or in the Hospihands mobile apps):
-
at least twenty-four (24) hours prior to the Appointment Time;
or
-
if the Appointment Time falls within twenty-four (24) hours of
the time
of booking, within ten (10) minutes of you having confirmed that you
want to make a booking (“Grace Period”).
If your cancellation of a booking is:
-
within twenty-four (24) hours of the Appointment Time;
or
-
after the Grace Period has elapsed, then unless the
cancellation
represents a Very Late Cancellation (as described below), we will be
entitled to retain (or charge, as the case may be) thirty per cent (30%)
of the applicable Treatment Fee because your cancellation represents a
Late Cancellation. However, if your cancellation of a booking is within
two (2) hours of the Appointment Time and if applicable, the Grace
Period has elapsed, the Independent professional will be entitled to
retain (or charge, as the case may be) one hundred per cent (100%) of
the applicable Treatment Fee because your cancellation represents a Very
Late Cancellation.
You will also be charged the full Treatment Fee if you:
-
Cancel a booking other than as permitted above;
-
Attempt to cancel a booking on or after the Appointment Time;
or
-
Fail to attend a booking at the Appointment Time and/or at the
Designated Premises.
-
Fail to provide accurate information for your Independent
professional
to attend the Designated Premises
-
Fail to provide accurate and complete contact details or
personal
information such as but not limited to full name phone number and
address
-
Book a treatment that cannot be performed because you meet one
of the
contraindications that are mentioned on the treatment description page
on our App or Website
A cancellation fee is charged in order to compensate the
Independent
professional because it is not reasonable to expect the Independent
professional to be able to provide a Professional Service at another booking
where you cancel with short or no notice.
Cancellation fees may in our absolute discretion be waived where
you have
been unable to cancel a booking without incurring the cancellation fee for
genuine reasons which were outside of your control. Where cancellation fees
are waived by us, we act as agent of the Independent professional who is the
principal in supplying the Professional Service.
8. SOFTWARE
We may include software for use in connection with our Services. If
such
software is accompanied by an end user
licence
agreement ('EULA'), the terms
of the EULA will govern your use of the software. If such software
is not accompanied by a EULA, then we grant to you a non-exclusive, revocable,
personal, and non-transferable licence
to use such software solely in connection with
our services and in accordance with these Legal Terms. Any software and any
related documentation is provided 'AS IS'
without warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any software
except in accordance with the EULA or these Legal Terms.
You may not access
or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavours
except those that are specifically endorsed
or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user
passwords.
-
Circumvent, disable, or otherwise interfere
with security-related features of the Services,
including features that prevent or restrict the
use or copying of any Content or enforce
limitations on the use of the Services and/or
the Content contained
therein.
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the
Services.
-
Use any information obtained from the Services
in order to harass, abuse, or harm another
person.
-
Make improper use of our support services or
submit false reports of abuse or
misconduct.
-
Use the Services in a manner inconsistent with
any applicable laws or
regulations.
-
Engage in
unauthorised
framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions,
operation, or maintenance of the
Services.
-
Engage in any automated use of the system, such
as using scripts to send comments or messages,
or using any data mining, robots, or similar
data gathering and extraction
tools.
-
Delete the copyright or other proprietary
rights notice from any
Content.
-
Attempt to impersonate another user or person
or use the username of another
user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (
'gifs'
), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as
'spyware' or
'passive collection mechanisms' or 'pcms'
).
-
Interfere with, disrupt, or create an undue
burden on the Services or the networks or
services connected to the
Services.
-
Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any
portion of the Services to
you.
-
Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the
Services.
-
Copy or adapt the Services' software, including
but not limited to Flash, PHP, HTML, JavaScript,
or other code.
-
Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in
any way making up a part of the
Services.
-
Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorised
script or other software.
-
Use a buying agent or purchasing agent to make
purchases on the Services.
-
Make any
unauthorised use
of the Services, including collecting usernames
and/or email addresses of users by electronic or
other means for the purpose of sending
unsolicited email, or creating user accounts by
automated means or under false
pretences .
-
Use the Services as part of any effort to
compete with us or otherwise use the Services
and/or the Content for any revenue-generating
endeavour
or commercial enterprise.
-
Sell or otherwise transfer your profile.
-
Use the Services to advertise or offer to sell goods and
services.
10. USER
GENERATED CONTRIBUTIONS
The Services does not offer users to submit
or post content.
We may provide you with the opportunity to
create, submit, post, display, transmit,
perform, publish, distribute, or broadcast
content and materials to us or on the
Services, including but not limited to text,
writings, video, audio, photographs,
graphics, comments, suggestions, or personal
information or other material (collectively,
'Contributions'). Contributions may be
viewable by other
users of the Services and through
third-party websites.
When you
create or make available any Contributions,
you thereby represent and warrant that:
-
The creation, distribution, transmission,
public display,
or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights
of any third party.
-
You are the creator and owner of or have the
necessary
licences,
rights, consents, releases, and permissions to use and to
authorise
us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the
Services and these Legal Terms.
-
You have the written consent, release, and/or
permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
-
Your Contributions are not false, inaccurate,
or
misleading.
-
Your Contributions are not unsolicited or
unauthorised
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
-
Your Contributions are not obscene, lewd,
lascivious,
filthy, violent, harassing,
libellous,
slanderous, or otherwise objectionable (as determined by
us).
-
Your Contributions do not ridicule, mock,
disparage,
intimidate, or abuse anyone.
-
Your Contributions are not used to harass or
threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
-
Your Contributions do not violate any
applicable law,
regulation, or rule.
-
Your Contributions do not violate the privacy
or publicity
rights of any third party.
-
Your Contributions do not violate any
applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
-
Your Contributions do not include any
offensive comments
that are connected to race, national origin, gender, sexual
preference, or physical handicap.
-
Your Contributions do not otherwise violate,
or link to
material that violates, any provision of these Legal Terms,
or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the
Services.
You and Services
agree that we may access, store, process, and use any
information and personal data that you provide
and your choices (including settings).
By submitting
suggestions or other feedback regarding the Services, you agree
that we can use and share such feedback for any purpose without compensation to
you.
We do not assert any
ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you
areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive,
or hateful language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions
as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organise
a campaign encouraging others to post reviews, whether positive or
negative.
We may accept,
reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and
licence to
reproduce, modify, translate, transmit by any means, display, perform,
and/or distribute all content relating to review.
13. MOBILE APPLICATION LICENCE
Use Licence
If you access the
Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use
the App on such devices strictly in accordance with the terms and conditions of
this mobile application licence
contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection with your
access or use of the App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors
of the App; (5) use the App for any revenue-generating
endeavour,
commercial enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other environment
permitting access or use by multiple devices or users at the same time; (7) use
the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the
App to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and
Android Devices
The following terms
apply when you use the App obtained from either the Apple
Store or Google Play (each an 'App
Distributor') to access the Services: (1) the
licence granted
to you for our App is limited to a non-transferable
licence to use
the application on a device that
utilises the
Apple iOS or Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile
application licence
contained in these Legal Terms or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3) in the
event of any failure of the App to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US
government as a 'terrorist supporting'
country and (ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g. if you
have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application
licence
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application
licence
contained in these Legal Terms against you as a
third-party beneficiary thereof.
14.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
15. TERM AND
TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
16. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
17. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
India
. HospiHands Private limited and yourself irrevocably
consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
18. DISPUTE
RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or
the legal
relationship established by these Legal Terms to the jurisdiction of the
India
courts.
HospiHands Private limited shall also maintain the right to
bring proceedings as to the substance of the matter in the courts of the country where
you reside or, if these Legal Terms are entered into in the course of your trade or
profession, the state of your principal place of business.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE
OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any
breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including
but not limited to
intellectual property rights; or (5) any
overt harmful act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defence
and control of any matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our
defence
of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware
of it.
23.
USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all
defences
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further
information regarding use of the Services, please contact us at:
HospiHands Private limited
Plot No. 415, Duplex, Sector 12, Vasundhra, Ghaziabad, U.P., India -
201012
Phone :
+91 7703840945
Email : connect@hospihands.com