Terms And Condition’s For Customers
The usage of services offered through UrbanCare Website and its related services is governed by these terms and conditions, or "Terms" for short. Together with any other rules, regulations, policies, and disclaimers that we may issue, these Terms also incorporate our Privacy Policy, which can be found at [Privacy Policy URL] ("Supplemental Terms"). These Terms include the Supplemental Terms and the Privacy Policy as essential components. The Supplemental Terms will take precedence over these Terms in any disputes pertaining to services.
Between end users (referred to as "you" or "Customer") and [Platform name] (described below), the Terms form a legally enforceable and binding agreement. You represent and warrant that you have the entire legal capacity and power to accept and bind yourself to these Terms by using the Services. In the event that you are acting on behalf of another individual, you affirm and guarantee that you possess the required authority and power to bind that individual to these Terms.
You acknowledge that you have read, comprehended, and are bound by these Terms—as revised from time to time—and that you will abide by them by using the Services. All previous written agreements between us and you are expressly superseded by these Terms. Please do not use the Services if you disagree with these Terms or do not follow their requirements.
- SERVICES
(a) A platform for arranging home-based service appointments with independent service professionals is offered by URBANCARE. It collects money on behalf of these experts and makes it easier for them to be paid for the services they provide.
(b) We refer to the services that Service Professionals offer as "Services." are not included in the term "Services" because URBANCARE neither provides nor assumes liability for them. For the Services they provide via the platform, Service Professionals are only responsible for their actions. Service Professionals are not employed by URBANCARE or its affiliates, nor are they URBANCARE's partners, contractors, or agents. URBANCARE is not bound by or represented by Service Professionals.
(c) Unless otherwise specified in a separate agreement, you may only use the Platform for personal, non-commercial purposes. The Platform is solely meant to be used in India. You accept the terms and conditions of URBANCARE that are applicable in that country only.
(d) The capability of URBANCARE to send you emails, texts, or WhatsApp messages about your reservations, usage of the Services, or as a component of its marketing and promotional campaigns is a crucial aspect of the Services. By contacting URBANCARE at urbancarebelgaum.in or using the in-Platform settings, you can choose not to receive these messages; but, you understand that doing so may make it more difficult for URBANCARE to offer you any or all of the Services.
(e) You acknowledge that you could occasionally be asked to present identification in order to use the Services or Services, and you consent to doing so. Your inability to use the Services may arise from your failure to comply with this request.
2. COMMUNICATION
(a) You consent to receive correspondence from us on (i) payment requests, (ii) details about the Services and us, (iii) offers and promotions from us and our partners in third parties, and (iv) any other issue pertaining to the Services.
3. USER CONTENT
(a) Users who have accounts on our platform may be able to post, upload, publish, display, transmit, or submit comments, reviews, recommendations, feedback, ideas, or other content on or through the platform ("User Content"). Our platform may also have interactive features or services.
(b) We may ask you for recommendations about Service Professionals, and they may give us reviews about you, in order to guarantee efficient service and quality control. In these reviews, you are not allowed to give out any misleading, deceptive, or erroneous information. Reviews will be used for quality assurance and to determine which users of the Platform, including consumers and service professionals, are suitable. We have the right to terminate your registration and ban you from our Platform if we decide, in our sole discretion, that you are not a suitable user.
(c) We are granted the following permissions: (i) to use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the operation of and in connection with the Services; and (ii) to use the User Content for advertising and promoting the Services or as evidence before a court or authority under applicable laws. This permission is non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free.
(d) Regarding these Terms and the licenses provided under this section, you hereby release and relinquish any claims based on moral rights or other comparable rights pertaining to the User Content.
(e) You agree and acknowledge that URBANCARE may, without notice to you, remove or restrict access to User Content that, in its sole discretion, violates these Terms.
4. AGREEMENT TO USE DATA
(a) We commit to gathering and using your personal information in accordance with our privacy policy, which is posted at urbancarebelgaum.in. The categories of personal data we gather and the ways in which we use it are described in the policy.
(b) Additionally, you agree to allow third-party service providers and our affiliates to share information with you. We may use your information to provide services, do analytics, spot trends, compile statistics, and improve our offerings, introduce new features, and improve your overall experience.
(c) We might be compelled by law to provide law enforcement or other government authorities access to your information in the course of criminal or civil actions. You acknowledge and consent to our sharing of your data with these agencies in such circumstances.
5. RESERVATIONS
(a) Orders: Depending on availability slots, the Platform lets you request different Services at the time of your choice. To make a reservation, fill out the required information on the Platform and adhere to the instructions. For the requested period, we will try our best to locate a Service Professional. If we are unable to locate one, we will get in touch with you to set up an other time.
(b) Confirmation: We will contact you by phone or WhatsApp to confirm the reservation after you submit your request. Following the confirmation of your reservation, you must pay as specified by the Platform or in accordance with these Terms. Upon assignment of a Service Professional for the desired services, you will be notified by phone and over WhatsApp.
(c) Cancellation Policy: There are no fees associated with bookings that are canceled on the Platform prior to confirmation.
(d) Replacement: We will assign one of our registered Service Professionals in the event that the chosen Service Professional is unable to work or must cancel.
(e) You may occasionally utilize extra facilities and services on or through the Platform, and URBANCARE retains the right to charge you for them.
6. Costs, Charges, and Terms of Payment
Booking Charges
(i)Our booking charges are ₹49 (inclusive of all taxes). Once you book our service, a service professional will visit your site and provide a detailed quotation based on the complexity of the work. Upon your agreement to the quotation, the service professional will complete the job, and you can make the full payment to UrbanCare after the work is completed to your satisfaction. Please note that the cost may vary from time to time.
(a) URBANCARE retains the right to impose fees on you for the services you use and any additional features you choose to use on or via the Platform.
(b) Fees & Charges for Expert Services:
(i) In order to use the Platform to obtain Services, you must pay the Booking Fees for Service Professionals as specified at the time of booking, in addition to the sums due for (a) any additional Services, (b) the Service Professional's out-of-pocket costs, and (c) the cost of any goods used to perform the Pro Service ("Charges"). In addition to the Fees paid to Service Professionals, URBANCARE maintains the right to impose additional fees for booking assistance and payment processing (collectively, "Fees"). You understand that extra costs such a welfare fee for the service professional, warranty, insurance, or safety may be added to the final price.
(ii)URBANCARE will inform you of the applicable Charges, Fees, and payment methods when you make a booking. Typically, you can pay for Services via UPI or cash upon completion of the service. We reserve the right to modify and limit available payment methods. Please note that certain methods like cash upon completion may not always be available. If you choose 'cash upon completion,' you agree to pay both Charges and Fees directly to the Service Professional.
(iii) Depending on what URBANCARE specifies, the Charges and Fees may be due at the time of booking or after the Pro Service is finished.
(iv)To be clear, Service Professionals will get payment for the Charges directly. To collect and transfer the money owing to these Service Professionals, URBANCARE serves as a limited collection agent.
(v)Taxes: The applicable taxes are included in all charges and fees.
(vi) At its sole discretion, URBANCARE retains the right to modify the Charges and Fees in a reasonable manner at any moment. Bookings that have already been confirmed prior to the updated Fees being published on the Platform will not be impacted by any changes in fees.
(vii)With the exception of situations where URBANCARE determines differently or where applicable laws demand it, the charges and fees you pay are normally final and non-refundable. In the event that the services are not provided as promised, you could be eligible for a refund or other remedies under certain laws.
(viii)You acknowledge and agree that during periods of peak demand, Charges and Fees may increase noticeably in some geographic locations. URBANCARE will try its best to let you know about these Fees and Charges. Nevertheless, whether or not you were aware of the Charges and Fees before utilizing the Services, you are still liable for all of them.
(f)No portion of your payment is deducted by URBANCARE as a tip or gratuity for the service professional. It is not implied by any statement made by URBANCARE that tipping is "voluntary," "not required," or "included" in your payments for Services that URBANCARE pays Service Professionals extra. You are able to supply
7. ANTI DISCRIMINATION POLICY
(a) It is illegal for Service Professionals to be discriminated on the grounds of race, religion, caste, national origin, disability, sex, marital status, gender identity, sexual orientation, age, or any other feature that is legally protected. This includes declining to accept Services on the grounds that any one of these traits applies.
(b) We kindly request that you give all service professionals with a clean, safe, and appropriate space to work as well as courteous treatment. If the setting is unsafe, unclean, or improper, or if you act in an impolite, rude, abusive, or inappropriate way toward them, service professionals have the right to refuse to offer their services. If you behave in an impolite, rude, abusive, or otherwise improper manner toward any Service Professional, or if we determine that your behavior is illegal, we retain the right to restrict or refuse you access to our Services, including Services.
(c)You acknowledge that you will report any unprofessional, rude, abusive, improper, or illegal behavior by a Service Professional to the local police station or other authorized authorities so that appropriate action can be taken. Such instances of inappropriate conduct are not the responsibility of URBANCARE.
8. SERVICES OF THIRD PARTY
(a) The Platform may contain links to Third Party Services as well as services, content, documents, and information that are owned, licensed, or made accessible by third parties ("Third Party Services"). You recognize and accept that utilizing Third Party Services is entirely at your own risk and that the Third Party that produced or offered them is solely responsible for them.
(b) Regarding Third Party Services, including their correctness or completeness, we make no assurances and disclaim all warranties and liabilities. You agree to abide by the terms and conditions as well as the privacy policy of the third party that is delivering the service if you use one of these services. Furthermore, the corresponding third parties own all intellectual property rights to Third Party Services.
9.WHAT YOU ARE RESPONSIBLE FOR
(a) When you accept these Terms, you represent and warrant that all the information you submit about the Services is accurate, true, and complete, and that it will stay that way for the duration that you use the Services. Throughout the duration of these Terms, you agree to promptly notify us of any changes to the information. If you supply any information, documentation, material, or data to access the Services that is false, incomplete, inaccurate, or misleading, or if you omit to disclose any material fact, we disclaim all liability and responsibility for any loss or harm you may experience.
(b) In the event that any legal action is brought against us for violating any of your responsibilities or covenants under these Terms, you consent to assist us in defending ourselves vigorously.
(c)Regarding the User Content, you affirm and guarantee that:
(i) You provide the licenses under these Terms and you own all intellectual property rights (or have obtained all relevant permissions) to contribute User Content;
(ii) You alone are in charge of all activities that take place on the Platform through your account and all User Content;
(iii) No other agreements you have or will have obligations under them are violated by the User Content;
(iv) The user content does not and will not violate, infringe upon, or improperly use any proprietary right, including any person's or entity's right to privacy or publicity;
(v) The user content does not and will not violate, infringe upon, or improperly use any proprietary right, including any person's or entity's right to privacy or publicity;
(vi) The rights of third parties are not violated by the User Content and never will be; and
(vii) You guarantee and declare that the User Content, with regard to it, The following requirements must be met: (A) it must not belong to anyone else over whom you have no rights; (B) it must not jeopardize India's unity, integrity, defense, security, or sovereignty; (C) it must not incite the commission of any cognizable offense; (D) it must not violate another country's sovereignty; (E) it must not be defamatory, grossly harmful, blasphemous, pedophilic, invasive of another person's privacy; discriminatory based on gender; (D) it must not be related to or encourage money laundering or gambling; (E) it must not be hateful, racist, violent, obscene, pornographic, unlawful, or harmful to children; and (E) it must not violate any other person's rights.
(d) Except as provided by these Terms, you may not use the Services in any other way. Without restricting the preceding sentence's generality, you will not:
(i) violate any intellectual property rights, such as copyrights, patents, trademarks, or trade secrets owned by third parties;
(e) You agree not to solicit, attempt to influence, engage, approach, accept, or encourage a Service Professional from whom you have gotten Services to stop using the Platform or to cancel their registration. You also agree not to use your Account to book similar services independently of a Service Professional from whom you have received Services. You acknowledge that this restriction won't stop you from using the Platform or other channels to get comparable services, and that it is reasonable, just, and required to safeguard the security and privacy of Service Professionals. You further concur that any harm to Service Professionals that would result from this clause's non-enforcement would be significantly greater than any harm to you.
10. OUR INTELLECTUAL RESERVE
(a) We hold or have some type of license for all rights, titles, and interests in and to the Services, including any intellectual property rights resulting from the Services. We give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services in line with these Terms and any written instructions we may from time to time issue, provided you comply with these Terms. URBANCARE or its licensors reserve all rights not expressly granted herein
(b) On occasion, we might ask you to provide recommendations and additional input—such as bug reports—about the Services ("Feedback"). Any feedback you provide us is free to use, copy, disclose, publish, display, distribute, and exploit without requiring us to give you credit, pay royalties, obtain your prior authorization, or abide by any other restrictions pertaining to your intellectual property rights.
(c) Nothing in these Terms should be construed as giving any rights or licenses to our intellectual property rights or the intellectual property rights of any third party, unless otherwise specifically indicated.
11. TERMS AND TERMINATION
(a) Until terminated in line with the terms outlined below, these Terms will continue in force.
(b) In the following situations, we reserve the right to limit, disable, or end your access to or use of the Services, or any part thereof:
Immediately and at any time, at our sole discretion: (A) Should you violate or breach any of the duties, responsibilities, or covenants outlined in these Terms; (B) Upon your status as a user of our Services ceasing; (C) Should you be deemed ineligible to access and use the Services in accordance with applicable law, URBANCARE or its affiliates' standards and policies; or (D) Should you violate or breach the Community Guidelines.(ii) After giving you written notice thirty (thirty) days in advance.(iii) Right away for any justifiable commercial, legal, or regulatory purpose
12. WARRANTIES AND DISCLAIMERS
(a) The services are offered "as is" with no guarantees of any kind, including but not limited to implied warranties of merchantability, non-infringement, title, and fitness for a specific purpose. (as defined by statute). We don't promise that the Services will live up to your standards.
(b) No written or verbal advice or information from us will generate a warranty that isn't already included in the Terms.
(c) You understand and agree that our only role is to act as a platform that links you with service professionals. Any obligations that are not expressly included in these Terms are not our responsibility. Bookings, the performance of Services by Service Professionals, and any actions or inactions on their part—including potential property damage—during the course of providing Services are not covered by us. You are signing a contract with the Service Provider directly when you reserve Services through the Platform. Regarding the Service Professional's performance under that contract, we neither assume any obligation nor responsibility nor offer any guarantee, representation, or warranty.
(d) You understand and agree that you are fully responsible for any risks involved in independently requesting or accepting services from any Service Professional. You give up any rights you might have under these Terms in such a situation.
(e) We make no representations whatsoever about the suitability, quality, or dependability of the Service Professionals and neither guarantee nor warranty their work.
(f) You explicitly agree and understand that we shall have no liability whatsoever in relation to any repercussions that may result from your use of the Services.
(g) We, our affiliates, and our associated parties each disclaim any liability for any loss or damage resulting from, or caused by, the following, to the fullest extent permitted by law:
(i) your utilization, incapacity to utilize, or accessibility or non-accessibility of the Services;
(ii) Any flaw, delay, or interruption in the way that the Services operate or transmit information to, from, or through them; failures in communication; theft, destruction, or unauthorized access to our data, servers, programs, services, or other infrastructure connected to the Services
13. INDEMNITY
You undertake to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives against any and all claims, demands, lawsuits, judicial proceedings, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys' fees), arising out of or due to your use of the Services, your access to the Services, your violation of these Terms, or any violation of these Terms by any third party that may use your Account.
14. GOVERNING LAWS, JURISDICTION, AND DISPUTE RESOLUTION
(a) The laws of India shall apply to the interpretation, enforcement, and governance of these Terms. All disputes arising out of these Terms or the use of the Services shall be brought exclusively before the courts in Belagavi, unless this clause specifies otherwise.
(b) Any disagreements, conflicts, controversies, or disagreements resulting from these Terms will be arbitrated in Belagavi. The arbitration process will be carried out in the English language. The arbitration's parties agree to uphold confidentiality and not reveal any information to third parties unless mandated by law or as requested by legal counsel. The arbitrator's ruling will be final and enforceable against each party. In any dispute, each party will be responsible for its own costs.
15. GRIEVANCE REDRESSAL
(a) You may contact our designated Grievance Redressal Officer, Jason Souz, regarding any complaints or queries related to the Services or these Terms. You can reach him via registered post or email using the details provided below:
Name: Jason Souz
Designation: MANAGER
Email Address: [email protected]
Address: CTS No 3925/52 D Club Road, Near Rani Chennamma Circle, Opp Civil Hospital, Belagavi 590001
(b) We'll make sure your complaint is handled in the timeframe allowed by the relevant laws.
(c) It is made clear that Urban Company will not take any negative action against you, subject to the Terms, in the event that it is discovered that you are a trade union member or that you are participating in collective bargaining or action.
16. Miscellaneous Clauses
(a) Modifications to the Terms: We reserve the right to make changes to the Terms at any time. Any modifications take effect right away when they are published on the Platform. It is your duty to regularly check these Terms for any modifications or revisions. If you use the Platform after the modifications have been posted, you will be considered to have accepted the changes made to these Terms
(b) Service Modification: We reserve the right, with or without reason, to add to, alter, or terminate, temporarily or permanently, the Services (or any portion thereof). Any such addition, alteration, suspension, or termination of the Services will not subject us to liability.
(c) Severability: The remaining provisions of these Terms will continue in force if any court or other competent authority rules that any part of these Terms is illegal or unenforceable. If a section of an unlawful or unenforceable provision is deleted, the remaining portion of the provision will remain in effect; however, if deleting the portion would go against the clear intention of the clause, in which case the entire provision will be deemed deleted.
(d) Assignment: Without our prior written approval, you are not permitted to license, sell, transfer, or assign in any way any of your rights, responsibilities, or covenants under these Terms or your Account. At our sole discretion, we may accept or reject this consent, subject to any requirements we think fit. Without giving you prior notice, we reserve the right to assign our rights to any parent companies, affiliates, subsidiaries, or successors in interest of any business connected to the Services, as well as any other third party.
(e) Notifications: Aside from regular operating communications, any notices, requests, demands, and decisions for us under these Terms should be directed to [email protected]
(f) Rights of Third Parties: No third party shall be entitled to enforce any of the provisions set out herein.
(g) Force Majeure: If acts, events, omissions, or accidents beyond our reasonable control prevent us from fulfilling our obligations or cause us to carry on with our business, we will not be liable to you. These might be anything from strikes to the collapse of a telecommunications network or utility service, acts of God, war, riots, civil unrest, malicious destruction, or following any law, order, regulation, or directive from the government.