Terms & Conditions For Service Professionals

1)  The usage of services on or via urbancarebelgaum.in (the "Platform" and "Services") is governed by these terms and conditions, or "Terms" The following terms, rules, and guidelines (collectively, "Supplemental Terms") are included with these agreements in addition to our privacy policy ("Privacy Policy"). These Terms include the Supplemental Terms and the Privacy Policy. If there is a disagreement, the Supplemental Terms will take precedence.

2) These Terms constitute a binding legal contract between URBANCARE Partnership Firm (CTS No 3925/52, D Club Road, Near Rani Chennamma Circle, Opp Civil Hospital, Belagavi 590001) and its affiliates ("URBANCARE", "we", "us", or "our"), and you, an independent third-party service provider ("you" or "Service Professional"). By using the Services, you confirm you have the legal capacity to agree to these Terms. If you represent another person, you affirm you have the authority to bind that person to these Terms.

3)  We may publish or give you a copy of the Terms in languages other than English for your convenience. But in the event that a copy of the Terms in a language other than English and the Terms written in English disagree in any way regarding wording or meaning, the English-language version of the Terms will take precedence.

4)  By utilizing the Services, you acknowledge that you have read, comprehended, and accept responsibility for these Terms, as they may be updated from time to time. You also agree to abide by the guidelines outlined below. All previous written agreements between us and you are expressly superseded by these Terms. Please do not use the Services if you do not accept these Terms or if you do not meet these prerequisites.

1. SERVICES

(a)    Among the services offered are the Platform, which gives you the ability to offer various home-based services to end users who have registered on the Platform ("Customers"). Among the Services offered is URBANCARE

(i)     Helps you calculate the sums that customers owe you for the services you provide.

(ii)    Allows you to make the most effective use of the time you have while using the Services.

(iii)   Takes action to optimize the amount of money you could make from using the Services.

(b)   The Platform is meant to be used exclusively within Belagavi and is just for your business usage. UrbanCare's capacity to SMS you is a crucial component of the Services. It can be used in conjunction with your bookings, when you use the Services, or as part of their marketing and promotional campaigns. Although you have the option to stop getting these texts by emailing privacy [email protected], you understand and accept that doing so may limit URBANCARE's capacity to offer you the Services (or a portion of the Services).

2. REGISTRATION OF PRFESSIONALS

(a)    You must fill out and sign the URBANCARE provided Registration Form in order to create an account ("Account") and access and perform services through the platform. Name, contact information, residence, age, a valid ID from the government, trade licenses, and any required government approvals must be provided. To create an account, you have to be at least eighteen years old.

(b)    You guarantee that any data you have provided in relation to your personal details is accurate and true, and that this information will continue to be so. You commit to updating your information on the platform (to UrbanCare Office) as soon as there is a change or modification to this data.

(c)     You acknowledge that, depending on the information you submit, URBANCARE may use third parties to verify your background.

(d)    You consent to receive communications from us on (i) details about the Services and us, (ii) special offers and services from us and our partners in third parties, and (iii) any other topics pertaining to the Services.

3. HELPERS

(A) You have to offer services in a category where URBANCARE permits the use of helpers.

(B) the helper is at least eighteen (18) years old when they register on the platform;

(C) the helper needs to be your biological sex for safety reasons;

(D) The helper needs to have the legal right to support you in offering the customer's services; 

(E) any other terms and conditions that URBANCARE may from time to time specify.

(i)  Any violation of these terms by the Helper will be interpreted as a violation by you, and you will be responsible for handling it.

(ii) You acknowledge that the Helper is an independent contractor that you have hired and that there is no employment agreement between URBANCARE and the Helper. You won't receive any more payment from URBANCARE as a result of hiring a Helper.

(iii) Hiring a Helper does not release you from your obligations under these Terms by assignment, transfer, delegation, sub-delegation, or subcontracting. You continue to be primarily liable and responsible for carrying out your commitments.

(iv) To ensure clarity, it is therefore specified that nothing in these Terms should be interpreted as an endorsement or disincentive from URBANCARE to hire a Helper.

4. USE OF SUGGESTED GOODS

(a)  To make sure that real goods are used for Services, URBANCARE could make product recommendations. These are available at any reputable supplier. While purchasing from URBANCARE is not required, you must make sure that goods from other suppliers adhere to the company's high standards for quality and safety.

5. COST, TERMS OF PAYMENY, AND TXES

(a)  As your limited payment collection agent, URBANCARE will assist you in   receiving payment from the Customer after you deliver Services.

(b)  In exchange for offering its users the online marketplace services, URBANCARE will charge a convenience fee. Customers will receive a separate invoice. You give URBANCARE permission to deduct its convenience charge from the amount received from an online payment made by a customer.

(c)  Customers' payments may be processed by a third party. The rules of the Payment Processor and URBANCARE's agreements with Customers will govern how payments are processed. If the Payment Processor makes any mistakes or omissions, we are not responsible.

Taxes: You agree and acknowledge that:

(i) URBANCARE serves as a go-between for you and your customers when it comes to payment collection. Determining and filing your taxes is entirely your responsibility. URBANCARE is not responsible for any tax liabilities you may have and does not provide tax advice.

(ii)  According to updates or modifications to the provisions under applicable legislation, the aforementioned provisions may vary.

6. BEHAVIOR

(a) Discrimination against customers by Professionals  is forbidden on the grounds of race, religion, caste, national origin, disability, sex, marital status, gender identity, age, or any other protected feature. This includes declining to offer Services in light of these traits.

(b)  Show respect and courtesy to every customer. We reserve the right, at our sole discretion, to terminate your access to the Services in the event that you act toward any Customer in a rude, offensive, abusive, improper, or illegal manner.

7. USER-GENERATED CONTENT

(a)  Interactive elements on our platform might let registered users upload, publish, transmit, display, and/or post reviews, comments, ideas, feedback, and other types of content ("User Content").

(b)  We may ask you to provide evaluations about our customers, and customers may review you, in order to ensure efficient service delivery and quality assurance. You are not allowed to give reviews that contain erroneous, misleading, or incorrect information. Reviews assist us in assessing a user's suitability for the Platform. We reserve the right, subject to any relevant fees, to cancel your registration and ban you from the Platform if we determine you are not a suitable user.

(c)  In connection with these Terms and the granted licenses, you renounce any claims pertaining to moral rights or equivalent rights over the User Content.

(d)  Without prior warning, URBANCARE has the right to delete or restrict access to any User Content that breaks these terms.

8. AGREEMENT TO USE DATA

(a) You consent to our collecting and use of your personal information in line with our Privacy Policy, which outlines the categories of information we gather about you and the ways in which we use it.

(b) To use or offer the Services, you might be required to present identification. Your access to the Services may be restricted if you don't comply.

(c)  You give us permission to share your information with third-party service providers and affiliates. Your information might be used by us to deliver the Services, perform analytics, spot patterns, and enhance the efficacy and efficiency of our Services.

(d)  We may provide your information to government or law enforcement organizations in connection with criminal prosecutions, according to applicable legislation. You acknowledge and accept our right to share this kind of information in these circumstances.

9.  SERVICES FROM THIRD PARTIES

(a)  Third Party Services, such as links and content, may be included on the Platform; these services are the responsibility of their individual providers or producers. You bear all liability for the usage of Third Party Services.

(b) Regarding Third-Party Services, including their correctness or completeness, we make no assurances and disclaim all warranties and liabilities. You are subject to the terms and conditions of each Third-Party Service you use.

10. YOUR ACCOUNTABILITY

(a) You attest that all of the information you have provided for the Services is true and will stay true. You commit to quickly informing us of any changes to the information. We disclaim all liability for any losses or damages brought on by information you supply that is false, erroneous, incomplete, or misleading, or by your omission of any important information.

(b) You agree to cooperate with us in defending any proceedings initiated against us due to a breach of your obligations or covenants under these Terms.

(c) You guarantee and represent that, with regard to User Content, you won't offer criticism on anything you've done as a Service Professional.

(i)   All activity on your account on the Platform and all User Content are strictly your responsibility.

(ii)   No other agreements impose obligations or responsibilities on you, and the User Content does not and will not breach any of them.

(iii)  No intellectual property right or other proprietary right, including the right of publicity or privacy of any person or business, is violated, infringed upon, or misappropriated by the User Content.

(iv)  You must follow all community rules as well as any rules and policies that URBANCARE may occasionally publish

(d)  You consent to refraining from using the Services' content to establish or compile any kind of collection, compilation, database, or directory, whether directly or indirectly.

(e)  You pledge to abide by these Terms and not to use the Services for any illegal, dishonest, or harmful purposes.

11.  SAFETY OF THE PLATFORM AND ANTI-FRAUD REQUIREMENTS

(a)  For the duration of this period, you are free to work independently or with another business to offer comparable services to others—as long as they do not involve a customer of URBANCARE.

12. THE INTELLECTUAL RESERVE

(a)  We own all rights—including intellectual property rights—to the Services, or we have licenses to use them. You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-exclusive license to use the Services in accordance with these Terms and our written instructions by accepting these Terms. URBANCARE or its licensors reserve any rights not expressly granted.

(b)  These Terms do not give any rights to our or any other party's intellectual property, unless otherwise expressly specified.

13. TERMS AND TERMINATION

(a)    At any time and at our sole discretion, we have the right to limit, disable, or end your access to the Services or any portion of them.

(i)   in the event that you break any agreements or terms; (ii) in the event that you discontinue using our services;

(ii)  in the event that you don't meet URBANCARE's requirements or the applicable laws; (iv) in the event that you violate the Privacy Policy; or (v) for any justifiable business, legal, or regulatory reason.

(iii)  You may end these Terms at any time, for any reason, by sending written notice to URBANCARE or by going to the URBANCARE local office. In the event that these Terms expire:

(b)  Except for provisions that are expressly or tacitly meant to endure termination or expiration, these Terms will terminate.

14. WARRANTIES AND DISCLAIMERS

(a) Without making any promises, express or implied, the Services are offered "as is" and without any claims to merchantability, non-infringement, title, or fitness for a particular purpose. We cannot promise that the Services will live up to your standards.

(b)  No written or verbal advice or information from us will establish a warranty that isn't already covered by these terms.

(c)  UrbanCare disclaims any liability for mishaps that cause property damage or fatalities while services are being performed or while traveling to the job site. For any such damages, you are liable. On the other hand, health insurance facilities may be used according to the requirements of the insurance policy that UrbanCare requires.

(d)  You understand and agree that we are only a platform that links you and customers; we are not responsible for any duties that aren't made clear in these Terms. We disclaim all duty for booking fulfillment, service performance, and any damages you may cause while providing services, unless the claim or liability is directly related to URBANCARE's acts or omissions. You and the customer enter into a contract directly when you book services through the platform; we do not ensure or warrant that you will execute as agreed to in that contract. You and the consumers agree exclusively on all conditions pertaining to the services, including payment, taxes, shipping, warranties, and customer satisfaction. URBANCARE could offer assistance with communication and money collection, but we don't take on liability for your contractual obligations business commitments.

(e) You acknowledge that URBANCARE and you have a principal-to-principal, voluntary, non-exclusive relationship. It is permissible for any party to make additional plans or agreements with outside parties. You will not look to URBANCARE for oversight, guidance, or control over the services you give to clients.

(f)  As required by applicable laws or industry standards, you indicate that you have obtained all licenses, permits, authorizations, and tax registrations needed to offer and operate the Services.

(g) You acknowledge that you are solely responsible for any outcomes that result from your use of the Services and your provision of Services to clients. You specifically acknowledge that we are not liable for anything.

(h) In line with the non-excludable requirements of pertinent applicable legislation, URBANCARE will uphold a complaints management framework and handle it on behalf of Service Professionals in a reasonable manner.

(i) You consent to refrain from disparaging URBANCARE, its brand name ("URBANCARE"), or its domain name in any way, whether on purpose or accidentally. You also consent to refrain from any actions or inactions that could harm URBANCARE's goodwill, trade names, trademarks, brand, or other assets that are either held by us or under license.

(j)  You consent to providing URBANCARE, at its request, with any information about the goods and services you sell or plan to offer on the Platform.

(k) Any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages shall not, under any circumstances, be imposed upon either Party or its officers, directors, employees, contractors, agents, licensors, partners, or suppliers by the other. This covers any financial or non-financial loss or damage resulting from these Terms, the Services, your use of or inability to utilize the Services, or any interactions with other users of the Services. It also includes lost business opportunities, lost revenues, loss of anticipated profits, and any other type of loss or damage. Even if URBANCARE was informed of the likelihood of such damages, this exclusion does not apply to damages resulting from gross negligence or misconduct that occurred while URBANCARE was aware of them.

(l) Nothing in these Terms will restrict or exclude any legally implied warranty that would be illegal to do so. In the event that implied guarantees are applicable and as allowed by law, URBANCARE's obligation for service delivery shall be restricted to either (A) providing the services again or (B) covering the cost of having the services delivered again.

15. INDEMNITION

(a) Assuming responsibility for any claims, demands, lawsuits, judicial proceedings, losses, liabilities, damages, and costs (including all damages, liabilities, settlements, and attorneys' fees) arising from your access and use of the Services, provision of the Services, violation of these Terms, or any violation of these Terms by any third party using your Account, you agree to indemnify, defend at our discretion, and hold us, our parent companies, subsidiaries, affiliates, officers, employees, directors, agents, and representatives harmless.

(b) As a result of URBANCARE's willful misconduct, fraud, or gross negligence, you will be protected from and held harmless from any claims, demands, lawsuits, judicial proceedings, losses, liabilities, damages, and costs (including all damages, liabilities, settlements, and attorneys' fees).

16. GOVERNING LAWS, JURISDICTION, AND DISPUTE RESOLUTION

(a) If the dispute or complaint cannot be settled by negotiation, the parties will first sincerely attempt to mediate it through mediation.

(b) If you would like to bring up any disagreement, claim, or issue related to these Terms or the Services, you can do so by (i) getting in touch with an UrbanCare office, (ii) taking part in focus groups that UrbanCare regularly hosts in Belgaum city, (iii) using the complaints process that UrbanCare runs, or (iv) going through the grievance redressal process that is described in clause 17.

(c) The parties will first make a sincere effort to mediate the disagreement through mediation if it is still unresolved.

17. REDRESSAL OF GRIEVANCE

(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.

18. UNSPECIFIED CLAUSES

(a) Modifications to the Terms: We reserve the right to amend the Terms at any time, and all modifications take effect seven days after they are posted on the Platform. You understand and agree that you have seven days to study the updated Terms and let URBANCARE know if you have any issues. It is your duty to check these Terms from time to time for revisions or modifications. After the seven days have passed since the amended Terms were posted, you will be considered to have accepted those changes if you keep using the Platform.

(b) Modification/Discontinuation of the Services: We retain the right, for any reason, to add, change, or stop any Service, whether it be temporarily or permanently, entirely or partially, in one or more cities. We will notify you via our platform at least thirty days in advance. Nevertheless, URBANCARE is not permitted under this paragraph to stop providing Services to certain people. In the event that We permanently stop offering Services for a category in which you operate, We will, at your request, try to assign you, taking into account your skill set, to another appropriate category in your locality. Providing the required training in accordance with URBANCARE platform standards ("Other Category") is part of this. It has been made clear that the price of the goods and the training/onboarding needed to provide services under the Other Category

(c)  Severability: If a court or other competent authority rules that any part of these Terms is illegal or unenforceable, the other parts of these Terms will still be in force. The remainder of the provision will remain in effect if any unlawful or unenforceable provision could be made lawful or enforceable by deleting a portion of it; however, if deleting a portion of a provision contradicts the clear intention of the clause, in which case the entire relevant provision will be deemed deleted.

(d)  Assignment: Without our prior written agreement, you are not permitted to license, sell, transfer, or assign your rights, responsibilities, or commitments under these Terms or your Account. We retain the right, at our sole discretion and subject to any requirements we deem suitable, to grant or withdraw this permission. Without giving you prior notice, we may assign our rights to any parent company, subsidiaries, affiliates, successors in interest of any business relating to the Services, or other parties.

(e)  Rights of Third Parties: No third party shall be entitled to enforce any of the provisions set out herein.

(f) Force Majeure: If circumstances beyond our reasonable control prevent us from carrying out our responsibilities or from conducting business, we won't be held accountable to you. Strikes, disruptions to the utilities or telecommunications networks, acts of God, war, rioting, civil unrest, malicious destruction, and adherence to any law, rule, regulation, or directive are examples of such events, albeit they are not the only ones.

(g) Relationship between the Parties: The parties do not intend for these Terms to establish a partnership, agency, joint venture, joint enterprise, or fiduciary relationship. It is not within the power of either party to enter into agreements or take on obligations on behalf of the other.