Terms and Conditions

These Terms of Use were last updated on 01st September 2019 and have immediate effect therefrom.

Gravitas Home Solutions Private Limited (the “Company”) primarily operates, controls and manages the Services (as defined below) provided by it from Plot No. 1359, Village Anangpur, Opposite Omaxe Towers, Surajkund, Faridabad-121003, Haryana India (“Corporate Office”).

A. ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below and as updated from time to time (“Terms of Use”), the Privacy Policy (as defined below), the Master Services Agreement, if signed between you and the Company, constitute a legally-binding agreement between the Company and you. In addition, when you use any current or future service/s of the Company, you will also be subject to the terms, guidelines, and conditions applicable to that service (“Specific Terms”). If these Terms of Use are inconsistent with such Specific Terms, the Specific Terms will control.

These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of, and participation in (i) the Company website and mobile application with the name “Home Jiny” (HJ), including the classified advertisements, forums, various email functions and Internet links, and all other content and the Company services available through the domain and sub-domains of the Company located at www.homejiny.com (all collectively referred to herein as the “Website”), and (ii) the online transactions between those users of the Website who are offering services or products (each, a “Service Provider”) and those users of the Website who are obtaining services or products (each, a “Service User”) through the Website (such services or products, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or services on the Website.

The Website is owned and operated by the Company.

You acknowledge that the Website may serve as a venue for the online exchange of information, directly or indirectly, between Service Providers and Service Users in order to fulfil the Services requested by Users, and, therefore by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Service Provider or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) either as a Service User or a Service Provider on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

Modifications to Terms of Use and/ or Privacy Policy

The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, including for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and it will post the amended Terms of Use at the domain of www.homejiny.com. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment in the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to www.homejiny.com, to understand our practices. The personal information/ data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website. The Privacy Policy is located at Privacy Policy

B. MEMBERSHIP AND ACCESSIBILITY

1. License to Access

The Company hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website (including any content available thereon) in any medium, without the Company’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will, at all times, act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

This Website or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company.

2. Membership Eligibility Criteria

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with applicable laws.

You will need to register on the Website to access and participate in the features listed on the Website. To create an OTP protected Profile (account), you must submit your name and mobile telephone number through the account registration page on the Websitei. You will also have the ability to provide additional optional information, some of which may or may not be required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Website.

You are solely responsible for safeguarding your password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activities that take place on or through your Account and you shall notify the Company immediately if there is any breach of security or any unauthorized use of your Account. Similarly, you shall never use any other Account without adequate authorisation and permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you shall be solely liable for all losses, damages, etc. of any manner whatsoever (whether direct or indirect) caused by an unauthorized use of your Account and you shall indemnify the Company against any such losses, damages, etc. that the Company suffers. Without prejudice to the above, you shall be liable for losses, damages, etc. of the Company, its related parties as well as losses of third parties caused as a result of such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User”.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

i) You will not copy or distribute any part of the Website (including any content) in any medium without the Company’s prior written authorization.

ii) You will not alter or modify any part of the Website other than managing your own account as may be reasonably necessary to use the Website for its intended purpose.

iii) You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information, at all times, such that it remains accurate, true, current and complete.

iv) You shall not use any automated systems to access the Website for any purpose without the Company’s prior written approval.

v) You shall not, in any manual or automated manner, collect Service Providers’ or Service Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third-party site.

vi) You shall not, in any way, transmit more request messages to the Company servers, or any server of the Company subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. The Company reserves the right to revoke these exceptions either generally or in specific cases.

vii) You shall not recruit, solicit, or contact in any form Service Providers or Service Users for employment or contracting for a business not affiliated with the Company without express written permission from the Company.

viii) You shall not take any action that (a) unreasonably encumbers or, in the Company’s sole discretion, may unreasonably encumber the Website’s infrastructure;
(b) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or
(c) bypasses the Company’s measures that are used to prevent or restrict access to the Website and/or safeguard the contents thereof.

ix) You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

3. Additional Policies

Your access to, use of, and participation in the Website is subject to the Terms of Use, Master Services Agreement (where you are a Service Provider), Privacy Policy and all applicable Company regulations, guidelines and additional policies that the Company may set forth from time to time (collectively “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, the Company, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

C. MEMBER CONDUCT

1. Prohibitions on Submitted Content

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Provider, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

· misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Providers; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual, including a minor (under the age of 18 years) in any way; is designed to solicit, or collect personally identifiable information of such person;

· invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

· contains falsehoods or misrepresentations that could damage the Company, its goodwill or any third party in any manner;

· is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

· is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein;

· contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture
installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item, the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;

· is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

· intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another user, or any other person through any means;

· advertises or solicits a business not related to or appropriate for the Website (as determined by the Company in its sole discretion);

· contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

· contains advertising for ponzi schemes, discount cards, credit counselling , online surveys or online contests;

· distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company users;

· contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content;

· contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of the Company.

2. Prohibitions on sending messages

You will not send messages to other users containing:

· offers to make national or international money transfers for amounts;

· exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or

· unsolicited advertising or marketing of a service not offered on the Website or an external website.

3. No discrimination

Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. You shall, at all times, ensure that all your Postings are in compliance with applicable law. The Company will not knowingly accept any Posting which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to you; to immediately remove any posting or a service that discriminates or is any way in violation of any law.

4. Prohibitions with respect to Services

While using the Website, you shall not:
· post content or items in any inappropriate category or areas on the Website;

· violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;

· fail to make payment for Services purchased by you;

· fail to perform Services purchased from you;

· circumvent or manipulate our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website user);

· take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information off the Website or using it for purposes unrelated to the Website).

4. Feedback

As a participant on the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides Services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Provider or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Provider or a Service User from leaving Feedback.

Sanctions for Inappropriate Use of Feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; and/or (iii) suspend your Account, forfeiting the outstanding amounts in the Service-User’s wallet.

Reporting Inappropriate Use of Feedback: You may contact the Company regarding any inappropriate use of Feedback via-email at customerservice@homejiny.in.

Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Website concerning Feedback, the Company shall be the final arbitrator of such dispute. Further, in the event of any dispute between users of the website concerning feedback, the Company has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.

The foregoing lists of prohibitions provide examples and are not complete or exclusive.

When legally required or at Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. The Company does not and cannot review every Posting posted to the Website. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by you or any other user.

D. RULES FOR SERVICE PROVIDERS

1. Profiles and offers cannot use techniques to avoid or circumvent Company fees

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) offer a catalogue or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through the Company to purchase the Service or any other service outside of the Company; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.

In case the Company realizes that any Service Provider is involved in any of the above activities, the Company may, in its sole discretion, without prejudice to other remedies available under Applicable Law, delist the Service Provider and exercise other provisions as defined in the Master Services Agreement signed between the Company and the Service Provider.

2. Profiles and offers must promote a fair playing field and provide a safe, simple, and positive experience for all Website users

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) solicit Service Users to use cash or use other payment methods not specifically permitted by the Company as approved payment methods; (b) include links that do not conform to the Company’s policies with respect to third-party links; (c) use certain types of software in your Postings, Profile page, etc. that are deemed inappropriate by the Company; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service provider for services or products directly connected with your particular Posting; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

3. Product/ Service Images/ Information

On an ongoing basis, you will provide us, free of charge, all current Product/ Service information (for which you have the necessary rights and authorization), including electronic images and any information or warnings required by law to be disclosed in any sale or advertisement of the Product/ Service (“Product Information”). Product Information also includes any Product information collected by us from your Website, or otherwise made available to us by you (or by a third party at your direction). You grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free license to: (a) use, copy, display, perform, and distribute the Product Information on or in connection with any online or offline point of presence, mobile application, service or feature; (b) extract, reformat, adapt or otherwise create derivative works of the Product Information; (c) use all trademarks or trade names included in the Product; and (d) sublicense any of the foregoing rights to third parties in connection with our programs or services (for example, to advertise your Products). You shall defend and indemnify the Company, its officers and employees against any and all use of the Product Information by the Company pursuant to the license granted hereinabove.

4. Materials

The Company may, from time to time, at your expense, either furnish or instruct the Service Provider to procure specific raw materials or packaging materials required for the manufacture, production, processing, and/or packaging of Products or as equipment for rendition of Services. The Service Provider agrees that it will only use such materials in Products strictly as per the instruction of the Company only for the specific purpose specified by the Company. Further, Service Provider will: (a) store all such materials at its facility, free of charge and pursuant to the directions of the Company; (b) clearly and conspicuously label the materials as the property of the Company or in such manner as instructed by the Company; (c) take reasonable measures to secure and protect the materials from loss or damage; and (d) keep all materials free and clear of any liens, claims, security interests, and other encumbrances.

5. Locations

All shipments will be managed by the Service Provider at its own cost and delivered to the Location prescribed by the Service User. However, in the event the Company collects any Products from you for further supply to a consumer, the Company will accept the consignment of Products only at the facility designated by the Company for such purchase order. If there is loss of or damage to any Product while stored by the Company, its liability is limited to the price that it has agreed to pay you for the consignment Product.

6. Electronic communication

It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you for the purpose of transactions /communication related to Master Service Agreement signed between you and the Company even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.

E. RULES FOR SERVICE USERS

1. Account & Registration Obligations

All Service Users have to register and login for placing orders on the Website. The Service Users have to keep their account and registration details up to date and correct for communications related to purchases from the Website. By agreeing to the terms and conditions, the Service User agrees to receive promotional communication and newsletters upon registration. The Service Users can opt-out either by unsubscribing in “Profile” or by contacting the customer service. However, Account created on the Website would be for the lifetime of the Service Users unless you unsubscribe to the Website.

2. Service Users shall not take any of the following actions:

(a) commit to purchasing or using a Service without paying for the same through the Website; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Provider’s terms as outlined in the Posting or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by the Company in connection with the use or purchase of any Service.

If a Service User violates any of the above-referenced rules in connection with his or her Posting, the Company, in its sole discretion, may, in addition to other remedies available under Applicable Law or equity, suspend the Service User’s Account; forfeit the outstanding amounts in the Service-User’s wallet.

3. Service requests and purchase orders

Terms specified in Service confirmations or other communications sent by you to us are not binding unless agreed to in writing by both parties. Acknowledgment of Service request does not constitute acceptance of rendition of Service.

4. Payment Mechanism

Each Service User, prior to placing any binding order on the Website shall create a Service-User’s wallet with the Company for making payments towards any transactions undertaken through the Website within the prescribed limit.

Each Service User understands that the contract is a bipartite contract between you and the seller using the payment facility offered by the Company, and shall pay the transaction price through the Service-User wallet provided by the Company that shall be linked to your bank account. In the event a transaction is for an amount more than the limits prescribed for Service-User wallet transactions, an online (out-of-wallet) payment mechanism through payment gateway will be provided by the Company.

5. Order Cancellation

You, as a customer, can cancel your product order anytime up to the cut-off time by moving it out of the cart. In case of services, there would be cancellation charges applicable as notified in the App from time to time after the request is accepted by our service vendors. If we suspect any fraudulent transaction by any customer or any transaction which is in breach of the Terms of Use, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them. The Cancellation Policy can be found at Refund and Cancel

6. You Agree and Confirm

a) That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be payable by you.
b) That you are accessing the Services available on the Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Website.
c) That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
d) That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

F. USE OF SUBMITTED CONTENT

1. No Confidentiality

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Offer, your Wants, any Feedback, and such Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether such Submitted Content is published or not, the Company does not guarantee any confidentiality with respect to such Submitted Content.

You agree that such Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You hereby confirm that all intellectual property rights in such Submitted Content is owned by you and/or is licensed to you and that use of the Submitted Content in the manner provided hereunder shall not infringe any third party rights, including intellectual property rights and you shall defend and indemnify the Company, its officers and employees against any and all claims relating thereto. You agree that the Company shall be free to use or disseminate such freely searchable Submitted Content to it’s authorized Service Providers for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to the Company.

The Company may also disclose user information including personal information if the Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or another legal requirement of any governmental authority, (ii) would potentially mitigate the Company’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

2. Your Representations and Warranties

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you through the Website.

3. Your ownership rights and license to Company

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to the Company for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use.

You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

4. Company’s disclaimers and right to remove

· The Company does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Submitted Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Company will remove Submitted Content or part thereof if any such activities come to the notice of the Company. The Company may also terminate a user’s access to the Website in such cases. Further, the Company may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

· You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

· You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that the Company may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

G. MODIFICATIONS TO OR TERMINATION OF WEBSITE

1. Modification or cessation of Website

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company services.

2. Termination by the Company

You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that you have violated any provision of the Terms of Use.

3. Effect of termination

Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Company system.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of any information belonging to the Company and any other content in your possession or control. You further acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Website. Upon termination of Service, the Company retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event, the Company is obligated to return any Submitted Content to you.

You agree to indemnify and hold the Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

H. INTELLECTUAL PROPERTY RIGHTS

Company owns or holds the licenses to all data and marks on the Website

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Company. Other trademarks, names, and logos on this Website are the property of their respective owners.

Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

The Website may contain Company’s Data and Marks as well as Data and Marks of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

I. COMPANY FEES

1. Fees payable by Service Providers

All charges to be paid by the Service Provider(s) to the Company shall be governed by the individual agreement with such Service Provider(s). In the event your agreement does not contain provisions on payments and mechanism thereof, kindly contact the Company representative.

2. Fees incurred by Service Users

Currently, the Company charges Service Users for most of the transactions completed on the Website between Service Users and Services Providers. However, the Company reserves the right to charge a fee from Service Users for any such Services which are free as on date in the future in the manner it so deems fit and as notified on the Website, from time to time.

If applicable, you agree to pay all fees or charges to your Account based on the Company’s fees, charges, and billing terms then in effect in order to obtain a particular Service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

The Company reserves its right to initiate appropriate legal proceedings, if necessary, at its sole discretion, to recover such outstanding amounts.

Home Jiny is supported by an in-app closed wallet, the terms and conditions for use of which are governed by the RBI guidelines for Closed System PPIs. Further details of the same can be found at RBI guidelines

You may add money to or recharge your HomeJiny (HJ) Wallet through online payment methods such as domestic credit/debit card, net banking, etc. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your HJ Wallet. Except as provided hereunder, amounts in your HJ Wallet will not be refunded to you under any circumstances.

You may note that withdrawing money from HJ Wallet is not allowed. Any outstanding credit in the HJ Wallet must be utilized only to make payments for bona-fide Transactions through the Website.

HJ Wallets are available only to resident Indians who have attained the age of 18 years and are competent to enter into a contract. Wallets are not transferable.

3. Pricing

All the products and services listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date and time of the delivery. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. The prices of most of the products and services are dynamic and may fluctuate on real-time basis.

4. Taxes

You understand that the Company shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Provider. In cases where the Company provides Services on its own account, such as, delivery of Services, it shall be subject to applicable taxes as per law.

5. Return and Refund Policy

We have a hassle-free return and refund policy on products we sell which entitles all our members to return the product only at the time of delivery. The products are eligible for return only if they are expired, spoilt or damaged or not fit for consumption. Should you wish to personally check the products for every delivery, we request you to kindly opt for the ‘ring your bell’ option. We will take the returned product along with the same delivery chain and issue a credit note for the value of the returned products which will be credited to your wallet on the App. This can be used by you to make future purchases.

For services, you can raise a concern up to 3 hours after the completion of the service. If there is no such concern raised, the service would be invoiced/ billed and it would be assumed that there was no concern with the service.

There can be and will be, from time to time changes in the Returns, Refund and Cancellation policy. The latest policy shall always supersede all previous policies and can be found at Refund and Cancel

6. Use of Reward Points

As a Service User you may accrue some reward points from time to time as per the terms displayed on the Website and which may also change from time to time. The Service Users shall be able to redeem the reward points only if they exceed 100 points. This policy may change from time to time.

The reward points shall accumulate for a period of six months only and shall lapse if not used within six months from accrual. The reward points shall automatically lapse in case of deactivation and closure of subscription of the Account.

The reward points can be only used for purchasing products and services on the Website.
Conversion of points in value will be defined on the Website and may change from time to time.

7. Reviews, comments, communications and other content

Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content, to the maximum extent permissible under applicable law. You agree to perform all further acts necessary to perfect any of the above rights granted by you in favor of the Company, including the execution of deeds and documents, if requested.

J. DISPUTES

1. Company not a party

Each Registered User hereby acknowledges and agrees that except for delivery of products that are delivered on its own account, the Company is NOT a party to any oral or written Agreement
for Service or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that the Company is appointing a set of authorised service providers which are authorised and trained by the Company. It is further understood that actual services are not rendered by the Company and the actual terms and conditions of the use of services are highlighted on the Website at the time of selection of services which captures the scope of services as provided by the Service Provider. Some Services could be scheduled through the Website and also billed through the Website. Certain services may be limited to only providing contact and may not be billed through the Website. Certain services may also be of suggesting contacts where actual services may not be cataloged on the Website.

All communication which, inter alia, include the contract, its terms, obligations, etc. are outcomes of the communication between the Service Providers and Service Users. This includes, without any limitation, the delivery costs and related warranties etc. The Company does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such communication.

The Company does not endorse any of the food item/s offered for sale through the Website nor place any guarantee as to its nature, price, quality, etc.

In case of certain services, a contract may exist between the Service Providers and Service Users, and as such any breach of contract and any claim arising from such breach is the subject matter of the respective Users or parties alone. The Company shall in no way be party to such breach and shall not liable to be involved in any suit arising from the said breach.

While entering into contracts or any other transaction, or communication, with another user, the Service Providers and Service Users are expected to check the creditworthiness of the respective party.

At no point of time between communication and delivery of goods or rendition of Services between the Service Providers and Service Users and any other user does the Company come into possession of the goods or its title, save in exceptional cases where a delivery may be made by or through the Company.

2. Disputes between registered users

You understand that deciding whether to use the Services of a Service Provider or providing Services to a Service User or use information contained in any Submitted Content, including, without limitation, postings, offers, wants and/or feedback, is your personal decision for which you alone are responsible. You understand that the Service Providers may register themselves suo motu on the Website of the Company. The Company may attempt to seek information about the background of a Service Provider through various publicly available online and offline sources. However, the Company does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. It is understood that any background check undertaken by the Company is not exhaustive and cannot be relied upon to determine previous criminal antecedents. The Service User should use its own prudence and take an informed decision on his/her own accord.

In view of the above, the Company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the Website, or between registered users or any Website user and any third party, you acknowledge and agree that the Company shall not be involved in the same. In the event that a dispute arises between you and one or more Website users, registered users or any third party, you hereby release the Company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder and hereby undertake to defend, indemnify and hold the Company harmless arising out of and in relation to losses incurred in relation to the above.

3. Dispute Resolution

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Faridabad, India.

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and the Company hereby agree that we will resolve any claim or controversy at law and equity that arises out of or in relation to the Terms of Use or the Website will be resolved in accordance with the provisions contained herein. Prior to resorting to formal ways of dispute resolution, we strongly encourage you to first contact us directly to seek a resolution via e-mail at customerservice@homejiny.in.

If not resolved with the Company, any further dispute shall be settled amicably by the Parties within 30 (thirty) days of the receipt of the notice of the existence of a Dispute. In the event any Dispute cannot be resolved within 30 (thirty) days from notice of the Dispute, either Party may refer the Dispute to be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The Arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the Parties. The venue and seat of arbitration shall be Faridabad, Haryana and the arbitration proceedings shall be conducted in English language.

K. ADVERTISEMENTS

Aspects of the Website and other Company services may be supported by advertising revenue. As such, the Company may display advertisements and promotions on a particular service. The manner, mode and extent of advertising are subject to change and the appearance and does not necessarily imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

L. THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Since the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be the Company’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than the Company. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with the Company. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than the Company are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be sent directly to the applicable third party by you.

M. DISCLAIMER OF WARRANTIES

You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website, the services offered on or through this Website, data, materials, submitted content, and any information or material contained or presented on this Website is provided to you on an “as is,” “as available” and “where-is” basis with no warranty or implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Website or submitted content posted, emailed, transmitted, or otherwise made available via the Website.

N. LIMITATIONS OF LIABILITY

In no event shall the Company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the Website or any services offered by any service professionals via the Website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the Website is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the Website or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (vii) any failed negotiations for a
service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event shall the total, aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Company by you hereunder.

You hereby acknowledge and agree that the Company shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that the Company shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between Website users entered into independently of the website.

O. FORCE MAJEURE

Neither the Company nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

P. INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold harmless the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in the Website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

Q. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

R. NOTICE

You agree that the Company may provide you with notifications, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

S. GENERAL INFORMATION

1. Entire Terms of use

The Terms of Use, together with the Privacy Policy and any other agreements, instruments, documents, legal notices or Additional Policies published by the Company on the Website, shall constitute the entire agreement between you and the Company. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision

2. Period of Limitations

Subject to the provisions outlined in the Return and Refund Policy, you agree that any cause of action arising out of, or related to, the Website must commence within the time frame as described in the aforementioned policy. Otherwise, such cause of action is permanently barred.

3. Section Headings

The section headings and their sequence in the Terms of Use are for convenience only and have no legal or contractual effect.