Terms and Conditions

This terms and conditions govern the uses of the services made available on or through https://homemistri.in/ a unit of Serve India enterprises platforms (collectively, the "Platform" and individually, the "Services") is subject to these terms and conditions ("Terms"). The Supplemental Terms and the Privacy Policy are essential components of these Terms. The Supplemental Terms will take precedence over these Terms if there is a discrepancy with regard to the relevant Services.

The Terms are an agreement between Serve India enterprises , a business registered under the Companies Act of 2013, ("Serve India enterprises", "we", "us", or "our"), and you, a user of the Services, or any other business that reserves Pro Services (described below) on behalf of end- users ("you" or "Customer"). You affirm and warrant that you have the requisite power and authority to agree to and be bound by these Terms by your use of the Services. If you speak on behalf of another person, you affirm and guarantee that you have the legal right to bind that person to these Terms.

By utilizing the Services, you acknowledge and agree that you have read, comprehend, and are bound by these Terms, as they may be updated from time to time, and that you will abide by their guidelines. These Terms expressly supersede any earlier written agreements with you. Please refrain from using the Services if you do not agree with these Terms or meet the qualifications outlined below.

1. Services

• The offering of the Platform, which enables you to book various home-based services with unaffiliated third-party service providers, is one of the Services ("Service Professionals"). Serve India enterprises handles the payment transfers to Service Professionals for the services they provide to you as part of the Services and collects payments on their behalf.
• "Pro Services" refers to the services provided by Service Professionals. The Pro Services are excluded from the definition of "Services." Serve India enterprises is not in charge of or liable for providing the Pro Services. The Pro Services that Service Professionals offer or otherwise supply through the Platform are their responsibility and are subject to their liability. Service Professionals are not employees of Serve India enterprises or its affiliates, nor are they its agents, contractors, or partners. Service Professionals are unable to bind or speak for Serve India enterprises.
• Unless otherwise specified in line with the terms of a separate agreement, the Platform is solely for your personal and noncommercial use. Please be aware that the Platform is only meant to be used in India. You consent to be regarded to have accepted the Serve India enterprises terms and conditions relevant to that legal jurisdiction if you use the Services or Pro Services from a location outside of India.
• The Services are offered under a number of brands that Serve India enterprises and its affiliates hold or have other rights to use.
• The capacity of Serve India enterprises to send you text messages, emails, or WhatsApp messages is an important aspect of the Services, including in connection with your bookings, how you use the Services, or as part of its promotional and marketing initiatives. The capacity of Serve India enterprises to offer the Services (or a portion of the Services) to you may be impacted by your decision to opt out of receiving these text messages, but you accept and acknowledge that this may happen by emailing us or through the in-Platform settings.
• You hereby agree to comply with any requests for identity documentation that may be made in order for you to use the Services or the Pro Services. You might be unable to use the Services or Pro Services if you don't abide by this request.
• Serve India enterprises Credits:
  • (i) Subject to any additional conditions that may apply to a promotional code, Serve India enterprises may, in its sole discretion, provide promotional codes that can be redeemed for credits, additional features or perks associated with the Services, and/or Pro Services. ("Serve India enterprises Credits").
  • (ii) You acknowledge that (i) you will use Serve India enterprises Credits lawfully and only for the purposes indicated by them, (ii) you won't duplicate, sell, or transfer Serve India enterprises Credits in any way (including by disclosing their codes on a public forum), and (iii) you won't do so without first receiving Serve India enterprises express prior approval. Serve India enterprises Credits are not redeemable for cash, they may be disabled at any time for any reason without incurring any liability to you, and they may expire before you can use them.
  • (iii) Only some users may receive Serve India enterprises Credits from Serve India enterprises at its sole discretion, which could lead to different prices being charged for the same or comparable services obtained by other users.
  • (iv) If serve India enterprises reasonably determines or believes that the use or redemption of the Serve India enterprises Credits was incorrect, fraudulent, unlawful, or in violation of the applicable serve India enterprises Credit terms or these Terms, Serve India enterprises reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Serve India enterprises Credits, by you or any other user.

2. Account Creation

• You will need to register for an account on the Platform in order to use the Services ("Account"). You might need to provide some information for this Account, including but not limited to your phone number. You must be at least 18 years old in order to create an account.
• You guarantee that all information provided in connection with your Account is accurate and true and will continue to be so. In the event that any of these details change or are modified, you agree to immediately update your information on the Platform.
• You agree to immediately notify us of any disclosure, unauthorized use, or other security breach relating to your Account. You are solely responsible for maintaining the security and confidentiality of your Account.
• You are responsible and liable for all actions that are taken through your Account, including those taken by other parties. Any unauthorized access to your Account shall not subject us to liability.
• You consent to hear from us regarding (i) payment requests, (ii) general information about us and the Services, (iii) special deals and offers from us and our third-party partners, and (iv)any other issues pertaining to the Services.

3. User Content

• A user who has registered for an account with us may post, upload, publish, display, transmit, or submit comments, reviews, recommendations, feedback, ideas, or other content on or through our platform (hereafter referred to as "User Content").
• We may ask you for evaluations about Service Professionals as part of the efficient delivery of the Services and for quality control purposes, and you agree and recognize that Service Professionals may give us reviews about you. In relation to the reviews, you may not deliberately present any false, incorrect, or misleading information. We will utilize reviews to evaluate the platform's quality and to decide if customers and service professionals are appropriate users. We reserve the right to terminate your registration and remove you from our Platform if we decide, in our sole discretion, that you are not an appropriate user.
• You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub- licensable, and royalty-free license to (i) use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content in connection with the Services; and (ii) use the User Content for the specific and constrained purposes of advertising and promoting the Services, or providing evidence.
• You hereby waive any claims based on any moral rights or other similar rights relating to the User Content in connection with these Terms and the licenses granted under this section.
• You accept and agree that Serve India enterprises may, in its sole discretion, remove or otherwise restrict access to User Content that contravenes these Terms without giving you prior notice.

4. Consent to use data

• You consent to us collecting and using your personal information in accordance with our Privacy Policy. The Privacy Policy outlines the categories of personal data we gather or otherwise handle about you, as well as how we go about doing so, and is available on our website.
• You hereby consent to our sharing your information with the following parties in addition to any consent you may offer in accordance with the Privacy Policy: Our affiliates or other outside service suppliers. For the purposes of providing the Services, analytics, trend identification, and statistics to further improve the effectiveness and efficiency of our Services, as well as the provision of advantageous schemes, and new offers, and for experience enhancement, we may use information and data pertaining to your use of the Services.
• In accordance with applicable laws, we may be required to provide information about you to law enforcement, the government, or other associated entities in connection with criminal or civil proceedings. You acknowledge and accept that, in such cases, we shall be entitled to disclose such data with pertinent agencies or bodies.

5. Bookings

• Orders: The Platform enables you to make a variety of Pro Service requests at any time depending on open slots. You must follow the Platform's instructions and enter the required data in order to make a reservation. We make a good-faith effort to match you with a service professional who can deliver the requested service at the specified time. In the improbable event that we are unable to locate a Service Professional for the requested timeframe, we will get in touch with you to arrange an alternative time.
• Confirmation: After you submit your request, we will send you an SMS, email, or push message confirming your reservation. You will be required to make the payment in accordance with these Terms or as stated on the Platform once your reservation has been confirmed. You will receive confirmation in the form of an app notice, an SMS, an email, or a push notification after a service professional has been found for the required professional services.
• Cancellations: Bookings that are canceled on the Platform prior to confirmation will not be charged. The cancellation policy at Serve India enterprises specifies the applicable cancellation fees.
• Substitution: If a selected Service Professional is unavailable or cancels, we will offer you a substitute Service Professional from among our registered Service Professionals.

6. Pricing, Fees, and Payment Terms

• Serve India enterprises reserves the right to charge you for the various Services and/or any other facilities you may choose to use on or through the Platform from time to time.
• Charges and fees
  • (i) In the case of Pro Services that you seek to obtain through the Platform, you must pay Service Professionals the amount indicated at the time of booking, as well as any applicable taxes. (a) Any additional Pro Services you may request, (b) any out-of-pocket expenses incurred by the Service Professional, and (c) any expenses incurred as a result of the purchase of goods required or utilized for the performance of the Pro Service ("Charges"). Serve India enterprises reserves the right to charge you a convenience fee in addition to the Charges payable to Service Professionals for facilitating the booking and transferring payments to the Service Professional (this fee is referred to as "Fees"). You acknowledge that the final bill you receive may include additional charges such as a safety fee, warranty fee, insurance fee, or Service Professional welfare fee, among others.
  • (ii) At the time of booking, Serve India enterprises will notify you of the applicable Charges, Fees, and payment methods. Generally, you can pay for Pro Services with credit cards, debit cards, net banking, wallets, UPI, or cash after the service is completed. We reserve the right to change or limit the payment methods available to you. You understand that certain payment methods, such as cash upon completion, may not always be available to you. To avoid confusion, if you pay by 'cash upon completion,' you acknowledge that you will be required to pay both Charges and Fees to the Service Professional.
  • (iii) As specified by Serve India enterprises, the Charges and Fees may be payable at the time of booking or upon completion of the Pro Service.
  • (iv) For the avoidance of doubt, the Charges are payable to Service Professionals, and Serve India enterprises acts as a limited collection agent on their behalf to collect and transfer amounts owed to them.
  • (v)Taxes: All Charges and Fees include all applicable taxes.
  • (vi)Serve India enterprises reserves the right, at its sole discretion, to change the Charges and Fees at any time. A change in Fees will have no effect on any bookings that were confirmed prior to the publication of the revised Fees on the Platform.
  • (vii) Unless otherwise determined by Serve India enterprises or required by applicable laws, the charges and fees you pay are final and non-refundable.
  • You may be entitled to a refund or other remedies under certain laws if the Services are not provided as described.
  • (vii) the User Content (A) does not belong to any other person over whom you have no right, (B) does not endanger India's unity, integrity, defense, security, or sovereignty, friendly relations with foreign states, public order, incites the commission of any cognizable offence, prevents the investigation of any offense, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, pedophilic, invading another's privacy, gender discriminatory, disparaging, relating to, or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or harmful to children, or (D) otherwise offensive, objectionable, or restricts or inhibits any other person from using or enjoying the Services.
• Payment Processors: We may bill you using your preferred mode of payment through a third-party payment processor ("Payment Processor"). Payments will be processed in accordance with the terms and policies of such Payment Processor, in addition to these Terms. We will not be held liable for any errors made by the Payment Processor. In the event of a failed payment, the amount debited will be credited in accordance with the Payment Processor's terms.
• Cancellation: You may cancel your request for services from a Service Professional at any time prior to the arrival of such Service Professional, in which case you may be charged a cancellation fee in accordance with Serve India enterprise’s cancellation policy. Serve India enterprises reserves the right to charge you, or otherwise deduct applicable taxes in respect of such cancellation fee.
• Subscriptions: Serve India enterprises may offer subscription packages (however named) for monetary consideration on occasion. Customers will receive additional benefits from the packages, which may include the ability to obtain discounted Pro Services. You agree that subscription packages (whatever they are called) will be subject to additional terms and conditions. You agree that such subscription packages will be subject to additional terms and conditions that will be considered an integral part of these Terms.
• Serve India enterprises does not designate any portion of your payment to the Service Professional as a tip or gratuity. Any Serve India enterprises representation that tipping is "voluntary," "not required," or "included" in the payments you make for Pro Services is not intended to imply that Serve India enterprises makes additional payments to Service Professionals. You understand and agree that, while you are free to pay a gratuity to any Service Professional who provides you with Pro Services, you are not required to do so. Gratuities are entirely optional.

7. Customer Conduct

• Discrimination against Service Professionals is prohibited at Serve India enterprises, including discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected by applicable law. This includes, but is not limited to, any refusal to accept Pro Services on the basis of any of these characteristics.
• We ask that you treat all Service Professionals with courtesy and respect and that you provide them with a safe, clean, and appropriate location in which to perform the Pro Services. Service Professionals have the right to refuse to perform Pro Services if you do not provide a safe, clean, and appropriate environment for them, or if you treat them in a discourteous, disrespectful, abusive, or otherwise inappropriate manner. We reserve the right, at our sole discretion, to deny access to the Services and otherwise limit your access to Pro Services if you act disrespectfully, disrespectfully, or abusively toward any Service Professional, or in any other way that we deem inappropriate or unlawful.
• You agree that you will be held liable if you discriminate against Service Professionals or if you fail to provide the Service Professionals with a safe, clean, and appropriate location in which to perform the Pro Services, whether intentional or unintentional. Further, you will disclose to Serve India enterprises and the Service Professional any and all information that may affect the Service Professional's ability to perform the Pro Services or impact his or her health, safety, or well-being.

8. Third-party services

• The Platform may contain links to Third Party Services as well as services, content, documents, and information owned, licensed to, or otherwise made available by a third party ("Third Party Services"). You understand and acknowledge that Third Party Services are solely the responsibility of the third party that created or provided them and that you use them at your own risk.
• We make no representations and disclaim any and all warranties and liabilities arising from or related to such Third Party Services, including their accuracy or completeness. If you use a Third Party Service, you will be governed and bound by the terms and conditions and privacy policies of the Third Party Service providers. Furthermore, all intellectual property rights in and to Third Party Services are owned by the third parties.

9. Your responsibilities:

• You represent and warrant that all information you provide in connection with the Services and Pro Services is complete, true, and correct on the date you agree to these Terms and will remain complete, true, and correct while you use the Services and/or Pro Services. If any of the information you provide changes during the term of these Terms, you agree to notify us as soon as possible. We accept no responsibility or liability for any loss or damage that you may suffer or incur as a result of any incorrect, incomplete, inaccurate, or misleading information, documentation, material, or data provided to avail the Services, or if you fail to disclose any material fact.
• You agree to assist us in defending any proceedings brought against us as a result of a breach of your obligations or covenants under these Terms.
• You represent and warrant, in relation to the User Content, that:
  • (i) You own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and grant the licenses under these Terms.
  • (ii) You are solely responsible for all activities that occur on or through your account on the Platform and all User Content.
  • (iii) The User Content does not and shall not violate any of your obligations or responsibilities under other agreements; the User Content does not and shall not violate, infringe, or misappropriate any intellectual property rights (or have obtained all necessary permissions).
  • (iv)The User Content does not and will not violate any third-party rights.
  • (v) the User Content (A) does not belong to any other person over whom you have no right, (B) does not endanger India's unity, integrity, defense, security, or sovereignty, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offence, prevents investigation of any offense, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, pedophilic, invading another's privacy, gender discriminatory, disparaging, relating to, or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or harmful to children, or (D) otherwise offensive, objectionable, or restricts or inhibits any other person from using or enjoying the Services.
• You agree not to use the Services in any way that is not expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
  • (i) Infringe any proprietary rights of any party, including but not limited to copyrights, patents, trademarks, or trade secrets.
  • (ii) Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services.
  • (iii) Use the Services to send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs, or similar computer code, designed to disrupt the operation of any computer software or hardware.
  • (iv)Use a robot, spider, or other automated device or manual process to monitor or copy the Services or any portion of them.
  • (v) Engage in the systematic retrieval of content from the Services in order to create or compile a collection, compilation, database, or directory, either directly or indirectly.
  • (vi)Use the Services in an illegal, fraudulent, or malicious manner, or in any manner inconsistent with these Terms.
  • (vii) Decompile, reverse engineer, or disassemble the Services.
  • (viii) Link to, mirror, or frame any portion of all or any of the Services.
  • (ix) Violate applicable laws in any way.
• You agree not to engage in any activity that interferes or disrupts the Services.
• You shall not use hacking, password mining, or any other illegitimate means to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform.
• You shall not, directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of a Service Professional from whom you have obtained Pro Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or independently obtain services similar to or identical to the Pro Services, without booking the Pro Services through your Account. You agree that this limitation is reasonable and fair, that it is necessary for the protection of Service Professionals' privacy and security, and that it will not prevent you from obtaining services similar to or identical to the Pro Services through the Platform or other means. You also agree that any potential harm to Service Professionals from not enforcing this clause outweighs any potential harm to you.

10. Intellectual property

• We own or have rights to all rights, titles, and interests in and to the Services, including all intellectual property rights arising from the Services. We grant you a non-exclusive, non- transferable, non-sub licensable, revocable, and limited license to use the Services in accordance with these Terms and our written instructions issued from time to time, subject to your compliance with these Terms. Serve India enterprises or its licensors reserve any rights not expressly granted herein.
• From time to time, we may request that you submit suggestions and other feedback, including bug reports, about the Services ("Feedback"). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without compensation, acknowledgment, prior consent, or any other form of restriction arising from your intellectual property rights.
• Except as expressly stated in these Terms, nothing in these Terms should be construed as granting any right or license to our or any third party's intellectual property rights.

11. Termination and duration

• These Terms will be in effect until terminated in accordance with the terms set forth herein.
• We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants set forth in these Terms, (B) when you cease to be a user of our Services, (C) if you do not qualify, or are likely not to qualify, under applicable law, or the standards and policies of Serve India enterprises or its affiliates, to access (D) violate or breach the Community Guidelines, (ii) after 30 (thirty) days written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
• You have the right to terminate these Terms at any time and for any reason by notifying Serve India enterprises.
• If these Terms are terminated:
  • (i) the Account will expire
  • (ii) the Services will "time out,"
  • (iii) These Terms will terminate, with the exception of any clauses expressly or implicitly intended to survive termination or expiry.

12. Exclusions and Warranties

• The Services are provided "as is," with no warranty of any kind, express, implied, statutory, or otherwise, including, but not limited to, implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We make no warranty, without limitation, that the Services will meet your requirements or expectations.
• No advice or information obtained from us, whether oral or written, shall create any warranty not expressly stated in the Terms.
• While Serve India enterprises makes every effort to provide accurate information about Pro Services and Charges, pricing errors do occur on occasion.
• You agree and acknowledge that we are only a platform that connects you with Service Professionals and that we will not be held liable in any way. For any obligations that are not expressly stated in these Terms. We are not liable or responsible for any bookings, the performance of the Pro Services by any Service Professional, or any acts or omissions of the Service Professionals while providing the Pro Services, including any property damage. By booking Pro Services through the Platform, you enter into a contract with the relevant Service Provider for the provision of those services, for which we accept no responsibility or liability and make no warranty, representation, or guarantee in respect of the Service Professional's performance under that contract.

13. Indemnity

You agree to indemnify, defend, and hold harmless our parent companies, subsidiaries, affiliates, and officers, employees, directors, agents, and representatives from and against any claim, demand, lawsuit, judicial proceeding, losses, liabilities, damages, and costs. (including, without limitation, all damages, liabilities, settlements, and attorneys' fees) resulting from or arising from your access to or use of the Services or Pro Services, violations of these Terms, or any violation of these Terms by any third party who uses your Account.