🏛️ Soumya Home Seva (A Unit of Himalaya Home Services Private Limited)

Detailed Terms and Conditions (Legal Translation)

SECTION 1: SERVICE BOOKING AND AVAILABILITY

1.1 Nature and Role of the Platform

(a) Capacity as Facilitator: The "Company" or "Platform" hereby expressly acknowledges, and the User (Customer) agrees, that the Company functions solely as a technical platform/marketplace to connect customers with independent service providers ("Partners"). The Company itself does not directly provide the requested services (e.g., AC repair, plumbing, cleaning, beauty services) to the Customer. (Legal Implication: Establishes the Company as an intermediary, significantly limiting its exposure to liability arising from service execution.)

(b) Independent Contractor Relationship: Service Partners are not employees, agents, or representatives of the Company. They are Independent Contractors, and the Customer acknowledges that the Company has only limited control over the Partner’s work execution, quality, behaviour, or timely availability. (Legal Implication: Shields the Company from vicarious liability typically associated with an employer-employee relationship.)

(c) Exclusion of Direct Liability (Disclaimer): The Company shall not be directly responsible for the quality, timeliness, or any damage or loss arising from the services provided by the Service Partner, except in cases where such liability is explicitly covered under the Company's Warranty/Guarantee Policy. (Legal Implication: A strong legal defense against claims of negligence or poor service quality; directs liability primarily towards the Service Partner.)

1.2 Service Booking Process and Confirmation

(a) Customer's Offer: By selecting a service on the Platform and entering booking details (time, location, description of required work), the Customer is merely submitting an offer to the Company to receive a specific service at a specific time.

(b) Final Acceptance of Booking: A service booking shall be considered final and legally binding only when the Customer receives an explicit Confirmation message from the Company via one of the following methods: i. A confirmation screen on the App/Website. ii. An SMS to the Customer's registered mobile number. iii. An Email notification to the Customer's registered email address. The Confirmation message typically includes details of the Service Partner (name, estimated time). (Legal Implication: The contract is formed upon the Company's confirmation, not the Customer's submission of the request.)

(c) Right of Refusal: The Company reserves the right to reject the Customer's booking request, without stating any reason, due to Service Partner unavailability or other operational constraints.

1.3 Geographical Scope of Services

(a) Limited-Service Area: Services are available only within the geographical areas, cities, and neighbourhood’s notified by the Company on its Website/App from time to time.

(b) Customer's Obligation: The Customer is responsible for ensuring that the service location provided at the time of booking falls within the Company's defined service area. If the Service Partner refuses to travel to a location outside the defined area, the Company shall not be responsible for any inconvenience, and the Customer may be subject to a cancellation fee. (Legal Implication: Transfers the risk of service area mismatch to the Customer.)

1.4 Pricing and Payment Confirmation

(a) Dynamic Pricing: The Customer acknowledges that the pricing for services may be Dynamic (variable) based on the type of service, expected duration, cost of required equipment, service location, time of booking (peak or normal hours), and current market demand.

(b) Advance Confirmation: Before confirming the booking, the Customer must carefully review and confirm the Final Estimated Price displayed on the App or Website. Once the booking is confirmed, the Customer is contractually obligated to pay the agreed price.

(c) Additional Charges: If, during the service, the Service Partner identifies the need for additional tasks or materials not included in the original booking, the Customer agrees to pay the revised charges applicable for such additional services. Such charges shall be applied only after the Customer's oral or written consent is obtained.

(d) Taxes and Fees: All prices listed may be exclusive of applicable government taxes (GST) and any Platform Fee/Convenience Charges imposed by the Company, which shall be clearly stated in the final bill/invoice.


SECTION 2: PAYMENT, CANCELLATION & REFUND

2.1 Method of Payment and Liability

(a) Payment Means: The Customer may use the following means listed on the App/Website to pay for the requested services: Credit Card, Debit Card, Net Banking, Unified Payments Interface (UPI), or other digital payment options approved by the Company from time to time.

(b) Cash Payment: Cash payment shall be permitted only if explicitly mentioned in the Company's policy for that specific service. If cash payment is allowed, the Customer is obligated to pay the full and accurate amount to the Service Partner immediately upon completion of the service.

(c) Payment Liability: The Company shall not be responsible for any technical failures or security breaches during the payment process, unless such failure is directly attributable to the Company's Platform or system. The Customer agrees that they also abide by the terms and conditions of the payment gateway providers.

2.2 Platform Fee and Convenience Charges

(a) Non-Refundable Service Fee: The Customer acknowledges that the Company may charge a Non-Refundable Service Fee (or Convenience Charge) for processing the booking, locating a Service Partner, and maintaining the Platform. This fee may be separate from the total value of the service and will be communicated to the Customer upon booking confirmation. (Legal Implication: Establishes a separate, earned fee for platform usage, distinct from the service itself.)

(b) Purpose of Service Fee: This fee is charged by the Company for its efforts in establishing contact between the Customer and the Service Partner and for the use of the Platform, not for providing the service itself. Therefore, this fee may remain non-refundable even if the service is later cancelled, as defined by the Company's specific policy.

(c) Other Applicable Charges: The Company reserves the right to impose additional charges (e.g., Convenience Fee, Safety Fee, Emergency Fee) for a specific service (such as peak hour booking, remote location service), provided these charges are clearly communicated to the Customer at the time of booking.

2.3 Cancellation Policy and Penalty Charges

(a) Free Cancellation Window: The Customer has the option to cancel the booking free of charge up to the stipulated time limit (e.g., 30 minutes) prior to the scheduled service time.

(b) Application of Cancellation Fee: The Company reserves the right to impose a Cancellation Fee if the Customer cancels the booking in any of the following situations: i. Cancellation after the stipulated time limit. ii. Cancellation after the Service Partner has arrived at the Customer's location. iii. Cancellation after the Service Partner has commenced the service (in this situation, a proportional value of the service rendered may also be charged). (Legal Implication: Contractually validates the Company's right to impose penalties for late cancellations to compensate for Partner time/opportunity loss.)

(c) Cancellation by Partner: If the Service Partner cancels the booking without the Company's authorization or without a valid reason, the Company will ensure a full refund (if any advance payment was made) to the Customer and may consider providing an Inconvenience Fee for the trouble caused to the Customer, at the Company's sole discretion.

2.4 Refund Terms and Procedure

(a) Right to Refund: The Customer shall be entitled to claim a refund only under the following circumstances: i. Major Deficiency in Service: A significant deficiency in the quality of service is found, and this deficiency is covered under the Company's Warranty/Guarantee Policy. ii. Cancellation by Company: If the Company entirely cancels the booking due to unforeseen reasons and the Customer has made an advance payment. iii. Service Partner Unavailability: The Service Partner fails to arrive at the Customer's location in time, resulting in non-delivery of the service.

(b) Internal Review: Any claim for a refund shall be subject to the Company's internal review and investigation. The Customer must submit all necessary evidence (e.g., photos, videos) to support the refund claim.

(c) Limitation of Refund Amount: The approved refund amount shall be strictly limited to the lower of: the amount actually paid by the Customer OR the maximum amount specified in the Company's guarantee/indemnification policy, and may exclude the Non-Refundable Service Fee. (Legal Implication: Limits the Company’s financial risk exposure related to refunds.)

(d) Refund Timeline: Approved refunds will be processed back to the Customer's original payment source within the specified number of working days (e.g., 5 to 7 working days) as designated by the Company. The Company shall not be responsible for any delays caused by external banks or payment gateways.


 

SECTION 3: QUALITY, WARRANTY AND LIMITATION OF LIABILITY

3.1 Service Quality and Performance

(a) Standard Efforts: The Company will make reasonable efforts to ensure that all Service Partners listed on its platform possess the necessary skill, knowledge, and experience, and that they provide services adhering to industry standard quality benchmarks.

(b) Exclusion of Direct Liability: As the Company is solely a Facilitator, the Customer expressly acknowledges that the Company is not directly responsible for the direct quality, performance, incompleteness, or inadequacy of the service arising from any Act or Omission by the Service Partner. All such claims should be directed against the Service Partner.

(c) Customer Satisfaction: Any complaint regarding the quality of the service must be notified to the Company within the specified timeframe (e.g., 24 to 48 hours) of the service completion, enabling the Company to take necessary steps for Redressal or Mediation.

3.2 Indemnification and Safety Cover

(a) Provision of Protection Plan: The Company may offer a Limited Protection Plan or insurance cover for certain specific services, designed to cover accidental, unforeseen physical damage to the Customer's property caused directly by the negligence of the Service Partner during the service.

(b) Limitations of Cover: This Safety Cover shall be limited to a predetermined maximum monetary limit (e.g., ₹10,000 or ₹15,000) as per the Company's policy. This cover does not include loss of profit, data loss, or indirect damage. Claims for indemnification require the following: i. The damage claim must be filed within the specified timeframe (e.g., 24 hours). ii. Detailed documentation of the damage (photos, invoices) must be presented as evidence. iii. Permission must be granted to a representative appointed by the Company to conduct an investigation.

(c) Excluded Damages: Any pre-existing defects, wear and tear, cosmetic damage, or damage caused by sub-standard materials provided by the Customer shall not be covered under this safety plan.

3.3 Service Warranty and Rework

(a) Nature of Warranty: The Company may provide a Limited Period Warranty (e.g., 30 days warranty) on certain services such as repairs, appliance fixing, or some beauty services, as per its specific policies. This warranty applies only to the same specific issue or task for which the original service was provided.

(b) Warranty Claim: If the Customer is not satisfied or the same problem recurs within the warranty period, the Customer may request a single free Rework/Revisit service. This warranty shall not apply to: i. Any new or unrelated issue. ii. Any intervention or repair conducted by the Customer or a third party.

3.4 General Limitation of Liability

(a) Maximum Liability: In no event shall the Company's total and aggregate liability arising from this Agreement or the services exceed the lower of: i. The amount actually paid by the Customer for that specific booking. ii. The maximum amount specified under the Company's applicable safety/insurance plan.

(b) Exclusion of Indirect Damages: The Company shall under no circumstances be liable for any Special, Indirect, Incidental, Consequential, or Punitive Damages, including but not limited to Loss of Profit, business interruption, loss of data, or Loss of Goodwill. (Legal Implication: This is a critical clause that caps the Company’s financial risk exposure to the transactional value, excluding claims for future or non-direct losses.)


SECTION 4: CUSTOMER AND SERVICE PROVIDER OBLIGATIONS

4.1 Customer Obligations

(a) Respectful Conduct: The Customer shall ensure that the Service Partner is treated in a courteous, respectful, and professional manner at all times. Any form of verbal, physical, or sexual harassment, or threatening behaviour, is strictly prohibited.

(b) Safe Work Environment: The Customer is responsible for ensuring that a safe, clean, and unimpeded environment is provided on their premises for the Service Partner to render the service. If the service location is found to be unsafe, the Service Partner shall have the right to refuse to work, and the Customer may be charged a cancellation fee.

(c) Valid Access: The Customer shall provide valid and easy access to necessary electricity, water, and the work area.

4.2 Direct Dealing and Off-Platform Conduct

(a) Non-Solicitation: The Customer expressly agrees that, after obtaining service through the Platform, they shall not directly contact the Service Partner for future services or engage in off-platform (direct) transactions, thereby circumventing the Platform.

(b) Penalty: If the Company finds that the Customer has engaged in direct dealing with the Service Partner, the Company reserves the right to permanently suspend the Customer's account and initiate necessary legal action. (Legal Implication: This non-solicitation clause is enforceable to protect the Company's business model and intellectual property (its network of Partners).)

4.3 Verification and Background Checks

(a) Company's Effort: The Company will make reasonable and standard business efforts to conduct a Background Verification of the Service Partners before onboarding them onto the Platform.

(b) Disclaimer of Accuracy: The Customer acknowledges that the Company cannot guarantee or warrant the absolute accuracy, reliability, or completeness of such verification, as it is conducted by third-party agencies. The Company is not responsible for any criminal act, omission, or misconduct by the Service Partner.

4.4 Use of Personal Data and Privacy

(a) Data Sharing: The Customer consents that the Company will share the personal data provided by the Customer (name, address, contact details) with the relevant Service Partner to ensure smooth service delivery.

(b) Privacy Policy: The collection, use, and disclosure of the Customer's personal data shall be governed by the Company's separately published Privacy Policy, which the Customer accepts by agreeing to this contract.


SECTION 5: DISPUTE RESOLUTION AND LEGAL PROVISIONS

5.1 Complaint Procedure and Mediation

(a) Internal Complaint: Upon the occurrence of any dispute, disagreement, or complaint, the Customer must first file a written complaint through the Company's designated Customer Service Channel (e.g., Helpdesk, Email).

(b) Attempt at Resolution: The Company shall attempt to resolve the dispute amicably through mutual discussion, mediation, or internal investigation within the specified timeframe (e.g., 15 to 30 days) from the date of receiving the complaint.

5.2 Governing Law

This Agreement and any disputes arising thereunder shall be governed by and construed in accordance with the prevailing laws and regulations of the Republic of India, without reference to any conflict of law principles.

5.3 Judicial Jurisdiction

If the dispute is not resolved through mutual discussion or the Company's internal process, the jurisdiction for legal proceedings or litigation shall be exclusively limited to the competent courts situated in the city of the Company's registered office (Bhojpur (Arrah). The Customer irrevocably accepts such judicial jurisdiction. (Legal Implication: This is a mandatory arbitration/jurisdiction clause that forces the Customer to pursue legal action only in the Company's designated location, which is a major benefit to the Company.)

5.4 Amendments to Terms

(a) Right to Amend: The Company reserves the right, at its sole and absolute discretion, to amend, change, or update these terms and conditions at any time.

(b) Notification: The Company shall inform the Customer of such amendments by publishing them on its Website or App. The revised terms shall take immediate effect from the date of publication, unless otherwise specified.

(c) Customer Acceptance: It is the Customer's responsibility to review these terms regularly. The continued use of the Platform after amendments indicates the Customer's acceptance and agreement to the revised terms

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