These terms and conditions (“Terms”) govern the use of services made available on or through Pushpadant mobile app (collectively, the “Platform”), and together with the services made available on or through the Platform, the “Services”. These Terms also include our privacy policy, available at www.pushpadant.com/privacy-policy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies. The Privacy Policy is an integral part of these Terms.
The Terms constitute a binding and enforceable legal contract between Pushpadant LLP (a company incorporated under the Companies Act, 2013) with its registered address at 5th Floor, Room No. 97, RN Mukherjee Rd, Lal Bazar, Kolkata, West Bengal 700001 (“Pushpadant”, “we”, “us”, or “our”), and you, a user of the Services on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind Pushpadant’s person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.
1. SERVICES
The Services include the provision of the Platform that enables you to arrange and schedule different home-based services with independent third-party service providers of those services (“Service Professionals”). As a part of the Services, Pushpadant facilitates the transfer of payments to Service Professionals for the services they render to you and collects payments on behalf of Pushpadanth Service Professionals.
The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India. You agree that in the event you avail the Services or Pro Services from a legal jurisdiction other than the territory of India, you will be deemed to have accepted the Pushpadant terms and conditions applicable to that jurisdiction.
The Services are made available under various brands owned by or otherwise licensed to Pushpadant and its affiliates.
A key part of the Services is Pushpadants’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting PUSHPADANT a pushpadantsolutions@gmail.com or through the in-Platform settings , you agree and acknowledge that this may impact PUSHPADANT’s ability to provide the Services (or a part of the Services) to you.
In certain instances, you may be required to furnish identification proof to avail the Services or the Pro Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services.
2. ACCOUNT CREATION
To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your phone number. To create an Account, you must be at least 18 years of age.
You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.
You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.
You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers and services from us and our third party partners, and (iv) any other matter in relation to the Services.
3. USER CONTENT
Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Professionals and you agree and acknowledge that Service Professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (i) use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws..
In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
You agree and acknowledge that PUSHPADANT may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
4. CONSENT TO USE DATA
You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at www.pushpadant.com/privacy-policyand it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process Pushpadanth data.
In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with ouraffiliatesor other third party service providers.We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in sPushpadanth instances we shall have the right to share sPushpadanth data with relevant agencies or bodies.
5. BOOKINGS
Orders: The Platform permits you to request various Services at a time of your choosing based on available slots. To make a booking, you should follow the instrPushpadanttions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional who is able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Professional for the specific timeslot, we will contact you to find an alternative time.
Confirmation: Once you place a request we will provide confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service Professional has been identified for the requested Pro Services, you shall receive confirmation in App or via SMS, email or a push notification.
Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. Pushpadant’s cancellation policy sets out applicable cancellation fees.
Substitution: In case of the unavailability of, or cancellation by a selected Service Professional, we will offer you a substitute of the Service Professional from among our registered Service Professionals.
6. PRICING, FEES, AND PAYMENT TERMS
PUSHPADANT reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform.
Charges and Fees in respect of Pro Services:
In respect of Pro Services that you seek to avail through the Platform, you shall be required to pay Service Professionals the amount indicated at the time of booking as well as amounts towards (a) any additional Pro Services you may avail, (b) out-of-pocket expenses incurred by the Service Professional, and (c) expenses arising out of the purchase of goods required or utilized for the performance of the Pro Service (“Charges”). In addition to the Charges payable to Service Professionals, PUSHPADANT reserves the right to charge you a convenience fee for facilitating the booking and transferring payments to the Service Professional (this fee is referred to as “Fees”). The final bill may include additional charges such as safety fees, warranty fees, insurance fees, or Service Professional welfare fees.
PUSHPADANT shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for Pro Services through credit cards, debit cards, net banking, wallets, UPI or cash upon completion of the Pro Service. We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods Pushpadanth as cash upon completion may not always be available to you as a payment method. For the avoidance of doubt, in the event you pay through the method of ‘cash upon completion’, you acknowledge that you will be required to pay both Charges and Fees to the Service Professional.
The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Service, as specified by PUSHPADANT.
For the avoidance of doubt, please note that the Charges are payable to Service Professionals, and PUSHPADANT acts as a limited collection agent on behalf of Pushpadanth Service Professionals to collect and transfer amounts due to them.
Taxes: All Charges and Fees are inclusive of applicable taxes.
PUSHPADANT reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.
Charges and Fees that you pay are final and non-refundable, unless otherwise determined by PUSHPADANT or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services.
You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. PUSHPADANT will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Pro Services or Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of Pushpadanth Charges or Fees.
Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of Pushpadanth Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
Cancellation: You may elect to cancel your request for services from a Service Professional at any time prior to sPushpadanth Service Professional’s arrival, in which case you may be charged a cancellation fee in accordance with PUSHPADANT’s cancellation policy. PUSHPADANT reserves the right to charge you, or otherwise dedPushpadantt applicable taxes in respect of Pushpadanth cancellation fee.
Subscriptions: Pushpadant may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide Customers with additional benefits, which may include the ability to avail discounted Services. You agree that subscription packages (howsoever named) shall be subject to additional terms and conditions. You acknowledge that such subscription packages will be subject to additional terms and conditions that will be deemed to be an integral part of these Terms.
Pushpadant does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by Pushpadant to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for Pro Services is not intended to suggest that Pushpadant provides any additional payments to Service Professionals. You understand and agree that while you are free to provide additional payment as a gratuity to any Service Professional who provides you with Services, you are under no obligation to do so. Gratuities are voluntary.
7. CUSTOMER CONDUCT
Pushpadant prohibits discrimination against Service Professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Pro Services based on any of these characteristics.
We request that you treat all Service Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Pro Services. Service Professionals shall be entitled to refuse to perform Pro Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to Pro Services at our absolute discretion if you behave towards any Service Professional in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
You agree that you will be liable for discriminating against Service Professionals or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Pro Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Pro Services or impact the Services Professional’s health, safety, or well-being, to Pushpadant and the Service Professional.
8. OUR INTELLECTUAL PROPERTY
All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by UC or UC’s licensors.
We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.