Terms & Conditions
These terms and conditions of use ("Terms of Use" or “Terms”) of the website/ mobile platform/ or any other means by which a job is booked at our platform www.e-ghar.com and instances thereof (“services”) between MANOMAV ENGINEERS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, (“Company” or “e-GHAR” and its successors and assigns) and the users of the SERVICES ("You" or "Your" or "Yourself" or "User", “Customer”) describe the terms on which the Company offers You access to the Services. The term 'e-Ghar' or 'us' or 'we' or ‘company’ refers to the owners, managers, employees, investors of e-Ghar. e-Ghar is an aggregator platform for house hold services and enables the connection between individuals seeking to obtain services (“You" or "Your" or "Yourself" or "User" “Customer” ) and/or individuals seeking to provide services (“Service Provider”).
If you continue to browse and use our services you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this platform and the Service (as described below) and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service, the Privacy Policy, you are not permitted to use these services.
USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by e-Ghar. The Services provided by e-Ghar is a technology based service which enables the hiring of local service providers for home repair, construction and maintenance (examples are carpenters, electricians, plumbers and painters, home contractors etc.) in India, through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
e-Ghar advises its users that while accessing the platform, they must follow/abide by the related laws. e-Ghar is not responsible for the possible consequences caused by your behavior during use of platform. e-Ghar may, in its sole discretion, refuse the service to anyone at any time.
USER(S) AGREEMENT
- This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the platform for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
- This agreement applies to all e-Ghar Services offered on the platform, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
INTELLECTUAL PROPERTY RIGHTS
- e-Ghar is the sole owner or lawful licensee of all the rights to the platform and its content. Platform content means its design, layout, text, images, graphics, sound, video etc. The platform content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights on the platform and its content shall remain with e-Ghar, its affiliates or licensor's of e-Ghar content, as the case may be.
- All rights, not otherwise claimed under this agreement or by e-Ghar.com, are hereby reserved. The information contained in this platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. e-Ghar does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this platform is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchant ability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall e-Ghar be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
- e-Ghar reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the platform used to book such services. Trademark All related icons and logos are registered trademarks or trademarks or service marks of e-Ghar in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
COPYRIGHT
- All content on this platform is the copyright of e-Ghar except the third party content and link to third party website on our platform. Systematic retrieval of e-Ghar content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from e-Ghar is prohibited. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of e-Ghar's Services, you agree that you will not use the service to infringe the intellectual property rights of others in any way. e-Ghar reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the e-Ghar service, or if e-Ghar believes that user(s) conduct is harmful to the interests of e-Ghar, its affiliates, or other users, or for any other reason in e-Ghar's sole discretion, with or without cause
TERMS & CONDITIONS FOR USE OF THIRD PARTY SERVICE PROVIDERS THROUGH e-GHAR
The following Terms & Conditions shall apply to you (customer) / users utilizing the Services offered by the Company for the hiring of local service providers:
- The customer shall pay the fees to the service provider which includes a minimum visiting charge as displayed on the website/app (some services may be free of visiting charges), labor charges and expenses for any additional spare parts or material or items that might be required to complete the job at hand. The final amount to be paid to the service provider has to be fixed in advance through mutual conversations between the customer and service provider before allowing the commencement of service by the service provider. In case a mutual agreed amount is not reached, the customer is liable to pay the service provider the visiting charges and customer will not allow the service provider to start any service in this case.
- The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
- The customer shall ensure that he/she will not indulge in any of the following activities while using the service:
- a. Smoking or consuming any kind of intoxicants in the presence of service provider. The service provider has the right to refuse the service and can go back if the customer is found to be in an intoxicated state or is found misbehaving with service provider, or is causing a nuisance.
- b. Misusing, soiling or damaging the tools, items, spare parts or any other item (technical or non technical ) brought by the service provider.
- c. Asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by the customer.
- The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, the Company makes no representation or warranty that:
- a. The Services will meet the customer's requirements.
- b. The Services will be uninterrupted, timely, secure, or error-free.
- c. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- d.The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand of the Company.
- The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a booking. The location based information will be used only to facilitate and improve services for the Customer.
- The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- The Company shall be entitled at any time without giving any reason to terminate the booking of services done by the Customer.
- If the Customer has any complaint in respect of the Services, the Customer has to inform Company of the same in writing within 24hours of using the Services of Company.
- The Company shall not be liable for any conduct or behaviour or actions of service providers. However, the Company encourages you to notify it of any complaints that you may have against the service provider that you may have hired using the Company's Services.
- The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.e-Ghar.com and in the platform on the date that Company may indicate that such addition, variation or amendment is to come into effect.
- All the calls made to the Company's call centre may be recorded by the Company for quality and training purposes.
- It is expressly made clear to you hereby that the Company does not own any tools, devices or parts used by service providers nor does it directly or indirectly employ any service providers. Service providers are all supplied by third parties and the Company disclaims any and all liability in respect of the service providers and devices or parts alike.
- The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
- The courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.
- The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and e-Ghar with respect to access to and use of the platform and the Services offerred by e-Ghar, superseding any prior written or oral agreements in relation to the same subject matter herein.
DISCLAIMER
- The information contained on this platform is for general information purposes only. The information is provided by e-Ghar and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the app/website or the information, products, services, or related graphics contained on the platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this platform.
- Every effort is made to keep the platform run smoothly. However, e-Ghar takes no responsibility for, and will not be liable for, the app/ website/ customer care being temporarily unavailable due to technical issues beyond our control.
AMENDMENT TO USER(S) AGREEMENT
- e-Ghar may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.
Last update: 20/11/15