TERMS AND CONDITIONS (“AGREEMENT”)
ServeTM Technologies Private Limited
Last updated: November 10th, 2016
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ServeTM. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. ServeTM may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
ServeTM may amend the Terms related to the Services from time to time. Amendments will be effective upon ServeTM’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of ServeTM’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule purchase, repair, sell and/or logistics services through independent third party providers of such services, including independent third party sellers, independent third party buyers, independent third party repair service providers and independent third party logistics providers under agreement with ServeTM or certain of ServeTM’s affiliates (“Third Party Providers”). Unless otherwise agreed by ServeTM in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT SERVETM DOES NOT PROVIDE SALES SERVICES OR PURCHASE SERVICES OR REPAIR SERVICES OR LOGISTICS SERVICES; OR FUNCTION AS A SELLER OR A PURCHASER OR A REPAIR SERVICE PROVIDER OR LOGISTICS PROVIDER AND THAT ALL SUCH SELLER SERVICES OR PURCHASE SERVICES OR REPAIR SERVICES OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SERVETM OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, ServeTM grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by ServeTM and ServeTM’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ServeTM; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under ServeTM’s various brands or request options associated with sales, purchase, repair or logistics, including the service request brands currently referred to as “ServeTM,”. You also acknowledge that the Services may be made available under
such brands or request options by or in connection with: (i) certain of ServeTM’s subsidiaries and affiliates; or (ii) independent Third Party Providers and their associates, including independent third party sellers, independent third party buyers, independent third party repair service providers and independent third party logistics providers or holders of similar permits, authorizations or licenses.
Third Party Services and Content.
The Services and all rights therein are and shall remain ServeTM’s property or the property of ServeTM’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ServeTM’s company names, logos, product and service names, trademarks or services marks or those of ServeTM’s licensors.
3. Your Use Of The Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ServeTM certain personal information, such as your name, email address, mobile phone number, as well as in some cases at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ServeTM’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ServeTM in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18). You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no sales of unlawful or hazardous materials or purchase of unlawful services). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You also agree and warrant ServeTM that you will not contract the Third Party Providers of ServeTM or their associates to obtain any services bypassing ServeTM by obtaining such Third Party Service Provider or associate details through ServeTM or the Application of ServeTM.
Text Messaging and Notifications.
By creating an Account, you agree that the Services may send you informational text (SMS) messages and notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from ServeTM at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
ServeTM may, in ServeTM’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that ServeTM establishes on a per promotional code basis (“Promo Codes” or “Loyalty Points”). You agree that Promo Codes or Loyalty Points: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ServeTM; (iii) may be disabled by ServeTM at any time for any reason without liability to ServeTM; (iv) may only be used pursuant to the specific terms that ServeTM establishes for such Promo Code or Loyalty Points; (v) are not valid for cash; and (vi) may expire prior to your use. ServeTM reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes or Loyalty Points by you or any other user in the event that ServeTM determines or believes that the use or redemption of the Promo Code or Loyalty Points was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or Loyalty Points Terms these Terms.
User Provided Content.
ServeTM may, in ServeTM’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ServeTM through the Services textual, audio, and/or visual content and information, including your device details, personal details or commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to ServeTM, you grant ServeTM a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ServeTM’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ServeTM the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ServeTM’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ServeTM in its sole discretion, whether or not such material may be protected by law. ServeTM may, but shall not be obligated to, review, monitor, or remove User Content, at ServeTM’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ServeTM does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, ServeTM will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ServeTM.
All Charges are due immediately and payment will be facilitated by ServeTM using the preferred payment method designated for obtaining services, after which ServeTM may send you a receipt by email in addition to the Invoice (“In App Invoice”) available within the Application. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ServeTM may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and ServeTM, ServeTM reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in ServeTM’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. ServeTM will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. ServeTM may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. ServeTM does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by ServeTM (on ServeTM’s website, in the Application, or in ServeTM’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that ServeTM provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
5. Disclaimers; Limitation Of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVETM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SERVETM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SERVETM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
SERVETM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SERVETM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVETM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SERVETM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVETM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SERVETM’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT INDEPENDENT THIRD PARTY PROVIDERS PROVIDING SALES OR PURCHASE OR REPAIR OR LOGISTICS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES WITHOUT BRAND AUTHORIZATION AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SERVETM’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO HUNDRED RUPEES (INR 200).
SERVETM’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE REPAIR, PURCHASE GOODS, SELL GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SERVETM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OF THESE SERVICES (INCLUDING BUT NOT LIMITED TO GOODS OR LOGISTICS SERVICES) PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold ServeTM and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ServeTM’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, this Agreement shall be governed and interpreted by, and construed in accordance with, the substantive laws of India and, subject to the arbitration agreement, only the courts of Mumbai shall have exclusive jurisdiction. Both Parties hereby irrevocably agree that any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first sought to be settled by mutual discussions between you and ServeTM, pursuant to a written notice sent by the Party claiming that a Dispute has arisen to the other Party involved in the Dispute, which notice shall contain the details of the Dispute. In the event that the Dispute cannot be settled by mutual discussions between the Parties within a period of 60 (Sixty) Business Days from the receipt of the notice by the other Party involved in the Dispute, the one sending the notice may commence arbitration proceedings under the (Indian) Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Each Party shall be entitled to appoint (1) one arbitrator and the two appointed arbitrators shall mutually appoint a third person of repute to act as the presiding arbitrator (“Tribunal”). The venue of arbitration shall be in Mumbai. The language to be used in the arbitral proceedings shall be English. Any award made by the arbitrators shall be final and binding on both the Parties. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the Parties, correspondence from and to the arbitrators, correspondence from the mediator, and correspondence, orders and awards issued by the Tribunal, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to ServeTM’s designated agent. Please visit ServeTM’s web page at https://www.ServeTM.in/ for the designated address and additional information.
ServeTM may give notice by means of a general notice on the Services, notification within the Application on your Account, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to ServeTM by written communication to ServeTM’s address at A-502, Jai Ganesh CHS, Plot no.31, Sector 20, Kharghar, Navi Mumbai – 410210, Maharashtra, India.
You may not assign or transfer these Terms in whole or in part without ServeTM’s prior written approval. You give your approval to ServeTM for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of ServeTM’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, ServeTM or any Third Party Provider as a result of the contract between you and ServeTM or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”