Published On : 7th September 2024
BookMyTask.com is operated by BMT Online Services Private Limited
1.
DEFINITIONS
Unless otherwise specified, the capitalized terms shall have the meanings set out below:
Account means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by BookMyTask.
Agreement means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between BookMyTask and the User in relation to the Services (including any Products).
Applicable Law means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Computer Virus means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed, or some other event takes place in that computer resource.
Confidential Information means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of BookMyTask and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to BookMyTask in confidence.
Content means and includes any information all data and information on the Site.
Government Authority means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Information Technology Act means the Information Technology Act, 2000.
Intellectual Property means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.
Intellectual Property Rights mean and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.
BookMyTask means and includes BMT Online Serviced Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Shop 101, B Wing, 1st Floor, Samartha Aishwarya, K L Walawalkar Marg, Off New Link Road, Oshiwara, Andheri West, Mumbai 400053, Maharashtra, India including its affiliates, service partners, officers, directors, employees and representatives along with its Site.
Privacy Policy means and includes the privacy policy of BookMyTask more particularly described in Privacy Policy.
Prohibited Conduct means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of BookMyTask’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or “frame” or “mirror” any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.
Registration Data means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by BookMyTask and supplied by the User on initial application and subscription or any means that lead to sharing of details of any User to BookMyTask.
Personal Information means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
Services means and includes the services provided by BookMyTask within the territory of India to the User of the Site and shall include the provision of (a) providing services as listed on the Site by authorised or registered personnel (referred as Service partner or professional), (b) providing services as listed on the Site by any personnel of Associate, Third Party Service Provider or External Agency, (c) services to those who wish to purchase advertisement space of their products or services on the Site, (d) services to the Users who wish to receive advertisements and promotional messages on the Site and through e-mails and text messages, (e) providing User with a specific network or platform to enable interaction with other User for sharing knowledge of the skills, knowledge, content, etc., (f) connecting the Users to various Third Party Service Providers for the provision of other related services.
Site means and includes the website owned, operated and managed by BMT Online Services Private Limited at the URL www.bookmytask.com and includes the mobile application owned, operated and managed by BMT Online Services Private Limited or BookMyTask.
Terms and Conditions means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.
Third Party Service Provider means and includes any service provider with whom BookMyTask has an agreement for the purposes of making services in addition to the Services available for the User.
User means any person who accesses the Site or avails Services on the Site for any purposes and includes any potential user accessing any platform or medium with intention to avail Services.
User Information means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to BookMyTask in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and BookMyTask.
2.
INTERPRETATION
Unless the context otherwise requires, or a contrary indication appears:
(a) Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
(b) Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
(c) Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
(d) The singular includes the plural and vice versa and words importing a particular gender include all genders.
(e) The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.
3.
ACCEPTANCE OF THE TERMS AND CONDITIONS
i. BookMyTask agrees to provide to the User and the User agrees to avail from BookMyTask the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Terms and Conditions and Privacy Policy constitute the Agreement between the User and BookMyTask and such Agreement shall deem to replace all previous arrangements between the User and BookMyTask in relation to the Services and access of the Site.
ii. The User undertakes to be bound by the Agreement each time the User accesses the Site, completes the registration process
iii. The User represents and warrants to BookMyTask that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Site or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian. BookMyTask shall not be responsible for verifying if the User is at least 18 (eighteen) years of age.
4.
ACCESS TO THE SITE
i. First time Users can access the Site for preliminary browsing without creating an Account.
ii. The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.
iii. BookMyTask shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and BookMyTask reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
iv. The User undertakes to cooperate with any of BookMyTask’s personnel in connecting with the User’s access to the Site, as may be required by BookMyTask.
5.
SUBSCRIPTION PLANS
i. BookMyTask offers a combination of Services which the User may subscribe to, subject to the need of the User, upon payment of applicable fees.
ii. The subscription fee paid by the User is non-refundable except as per regulation set by BookMyTask or as detailed on the Site.
iii. BookMyTask reserves the right to revise the fee of any Service or subscription plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User. BookMyTask shall intimate the User of such revised fees, and the User undertakes to pay to BookMyTask the difference in the amount after such revision.
6.
USER INFORMATION
i. BookMyTask shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
ii. BookMyTask shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
iii. BookMyTask reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at on its sole discretion.
iv. BookMyTask shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwise.
7.
RIGHTS OF BOOKMYTASK
i. BookMyTask, at all times, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the Site.
ii. Subject to Applicable Law, BookMyTask has an internal infrastructure in order to conduct a background check and verification of the User Information and the Account in order to ensure that the fake User are not registering themselves on the Site. In the event, a User is detected as a fake User, BookMyTask has the right to reject or disable such Account without cause.
iii. BookMyTask has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User’s access to the Site, at any time, without any prior notice to the User.
iv. BookMyTask shall endeavour to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing or any other reason as BookMyTask may deem fit. BookMyTask shall use its best efforts to rectify any disruption of or rectify an error on the Site and restore regular operations of the Site.
v. BookMyTask has the right to issue notifications, confirmations and other communications to the User, on the Site, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. BookMyTask may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may contain service information, tips and suggestions or any other offer provided by BookMyTask or third party. BookMyTask does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to [email protected].
8.
DATA PROTECTION RIGHTS
i. Subject to applicable law, BookMyTask acknowledges and undertakes to comply on a best effort basis with the rights available to its Users set out below:
(a) the right to know the purposes for which the User Information shall be collected and used;
(b) the right to access information that personally identifies the User;
(c) the right to rectify incorrect information;
(d) the right to delete or remove information after discontinuation of the Services;
(e) the right to data portability;
(f) the right to restrict data or information from being processed; and
(g) the right to opt out of providing or sharing information with BookMyTask.
ii. The Users of BookMyTask, understand and acknowledge that these rights shall at all times be subject to applicable law and are not an exhaustive list of the rights available. The relevant Users shall exercise any of these rights by raising a personal and direct request with BookMyTask on [email protected].
9.
UNAUTHORIZED ACCESS
i. The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.
ii. Subject to Applicable Law, the User is responsible for notifying BookMyTask immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of BookMyTask.
iii. BookMyTask shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, BookMyTask shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing BookMyTask about such unauthorized access.
iv. In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.
10.
USE OF INFORMATION
i. BookMyTask undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made thereunder and other relevant Applicable Laws.
ii. The User hereby irrevocably and unequivocally authorizes BookMyTask to utilize User Information for the purposes including those set out below:
(a) provision of Services in accordance with the Agreement;
(b) disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services;
(c) contacting a Third Party Service Provider and/ or facilitating/ enabling the services of a Third Party Service Provider for the User pursuant to the arrangement between BookMyTask and such Third Party Service Provider;
(d) conducting internal studies, consumer research, surveys and preparing reports in connection with the Services;
(e) entering the registration data for an Account or receiving alerts, contacting a User; and
(f) sending alerts, contact details, promotional messages and promotional calls whether by BookMyTask itself or through its partners/ vendors and sub-partners/ sub-vendors.
(g) disclosing to third parties (including law enforcement agencies and the User’s authorised personnel) personally identifiable information where BookMyTask has reasonable cause to believe that the Users are guilty of any Prohibited Conduct.
iii. Third party services
(a) Subject to the need and request of the User, BookMyTask shall engage, directly or indirectly, the services of Third-Party Service Providers from time to time in order to provide the Services to the Users, in accordance with the terms and conditions separately agreed to between BookMyTask and such Third-Party Service Provider.
(b) BookMyTask may recommend services of a Third-Party Service Provider to the User to provide a one stop shop experience in relation to ancillary services, including but not limited to gardening, packaging and moving service, etc.
(c) BookMyTask shall have the unequivocal consent of the User to share User Information, in whole or in part, with the Third-Party Service Provider, without intimation to the User.
(d) The Site may serve as a platform for relevant and interested Third Party Service Providers for the purposes of advertising or promoting their services in relation to the Services provided by BookMyTask.
(e) Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of BookMyTask or any Third-Party Service Provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.
iv. Tailored Advertising
(a) The User acknowledges and agrees that Third Party Service Providers may use cookies or similar technologies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Site and general browsing pattern and report how Third-Party Service Providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website.
(b) BookMyTask also permits Third Party Service Providers to serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services.
(c) The User undertakes and agrees that when accessing the Services from a mobile application the User may also receive tailored in-application advertisements. Each operating system provides specific instructions on the prevention of tailored in-application advertisements.
(d) It is to be noted that BookMyTask does not guarantee the accuracy, integrity or quality of any content provided by such Third-Party Service Provider. Further, the Users interactions with such Third-Party Service Providers found on or through the Services provided by BookMyTask on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and the Third Party Service Providers. In no event shall BookMyTask be liable for any damages arising out of any interaction between the User and such Third Party Service Provider. The information provided on the Site is provided to the Users on an “AS IS, WHERE IS” basis.
11.
BOOKMYTASK PLATFORM
The Users agree and acknowledge that BookMyTask is only an online platform that allows the Users to avail its services through online platform. The Users further understand and accept that:
i. The Users are ultimately responsible for choosing and/or going through the service offerings on the platform and by confirming a service it is implied that User has understanding of the Services and the terms and conditions.
ii. BookMyTask may provide the Users the profile previews of other Users posted content on the Platform as per BookMyTask policies, however compliance with the Privacy Policy shall be ensured in all such cases.
iii. Information regarding all the Services and/or any third party whose services the Users avail through the Site as displayed on the Site is intended for general reference purposes only and may change from time to time or become out of date or inaccurate. The Users are encouraged to independently verify any such information the Users see on the Site with respect to the Services.
iv. BookMyTask cannot assure that all the transactions will be completed nor does BookMyTask guarantee the ability or intent of the Users to fulfil their obligations under any transaction.
v. BookMyTask from time to time may have new offers, promotions, campaigns, schemes or other programs promoted on the Platform and the terms and conditions mentioned for the programs shall be binding and applicable on all Users who avail or intend to avail Services of BookMyTask and shall form part of this Agreement. The Users also acknowledge and accept that in all such programs BookMyTask is not bound in any condition to mandatorily fulfil the benefits for all the Users and the program can be limited for any specific category or type of Users as per their usage history, location or other characteristics.
12.
BOOKMYTASK PAYMENT TERMS & CONDITIONS
i. Role: Any registered User of the Site may choose to make payments, advance payments and payment of deposit/ token amounts, through the payment gateway(s) authorized by BookMyTask . In this regard, the Users are asked to provide customary billing information such as name, financial instrument information which shall include the bank account number, IFSC code of the User, etc. Users may also be asked to provide a copy of the document or record pursuant to which any offers or discount is being availed. The Users must provide accurate, current, and complete information while making the payment through the Site and it shall be the User’s obligation to keep this information up-to-date at all times. The Users are solely responsible for the accuracy and completeness of the information provided by them and BookMyTask shall not be responsible for any loss suffered by the User as a result of any incorrect information, including payment information provided by the Users.
Except for BookMyTask’s limited role in processing the payments that registered Users authorize or initiate, BookMyTask is not involved in any underlying transaction between the User, and any third person or any service providers including the Third Party Payment Gateway. BookMyTask is not a bank and does not offer any banking or related services. BookMyTask may use the services of one or more third parties (each a “Processor”) to provide the Service and process the User’s transactions. Further, BookMyTask does not guarantee payment on behalf of any registered User, other User or Processor and explicitly disclaims all liability for any act or omission of any User or Processor.
ii. Authorization: The User acknowledges that BookMyTask is authorized by the User to hold, receive and disburse funds in accordance with the User’s payment instructions provided through the Site for the purposes of facilitating the transfer of monies to the intended beneficiary as specified by the User on the Site . [The authorization given by the Users permits BookMyTask (a) to debit or credit the User’s balance, bank account, any credit card, debit card, or other payment cards or any other payment method that BookMyTask accepts] or (b) to process payment transactions that the Users authorize by generating an electronic funds transfer. [By instructing BookMyTask to pay another User, the Users authorize and order BookMyTask to make the payments (less any applicable fees or other amounts we may collect under this Agreement) to such user. BookMyTask may limit the recipient’s ability to use or withdraw the committed funds for such period of time that BookMyTask has agreed to with the recipient.]
iii. Fees: The User agrees that they may be charged a service charge by BookMyTask for using the Site to make specified payments or payment of any advance. Fees shall include but not be limited to the amount payable by User towards any Service availed or to be availed, out of pocket expenses incurred by any of BookMyTask representatives or Service partner or professionals, expenses arising out of any purchase of goods or consumables on behalf of the User by Service partner or professional or any fees in the name of convenience fees, safety fees, insurance fees, service fees, welfare fees. All Fees shall be inclusive of applicable taxes unless stated otherwise.
iv. Transaction Limits: BookMyTask may delay, suspend or reject a transaction for any payment(s) for any reason, including without limitation if BookMyTask suspects that the transaction subjects it to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement subject to dispute or otherwise unusual.
v. Chargebacks: The amount of a transaction may be charged back or reversed to the User (a “Chargeback”) if the transaction (a) is disputed by the sender, (b) is reversed for any reason, (c) was not authorized or BookMyTask has reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. The Users owe BookMyTask and will immediately pay BookMyTask the amount of any Chargeback and any associated fees, fines, or penalties assessed by BookMyTask’s Processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies (“Networks”). The Users agree to assist BookMyTask when requested, at the User’s expense, to investigate any of the User’s transactions processed through the Service. For Chargebacks associated with cards, BookMyTask will work with the Users to contest the Chargeback with the Network or issuing banks should the User choose to contest the Chargeback. In this regard, BookMyTask will request necessary information from the User to contest the Chargeback and the User’s failure to timely assist BookMyTask in investigating a transaction, including without limitation providing necessary documentation within 5 business days of BookMyTask’s request, may result in an irreversible Chargeback.
vi. Liability: The Users agree not to hold BookMyTask responsible and/or liable for any issue or claim arising out of any dispute whatsoever between the User and the Processor and/or the User and the User’s bank or financial institution.
Additionally, please note that BookMyTask shall not be responsible for any additional fees or charges deducted by the Processors while processing payments in connection with the User’s transaction and BookMyTask disclaims all liability in this regard. Further, the Users may also be subject to additional terms and conditions imposed by such Processors and the Users should review these terms and conditions before authorizing any payments through the Processors.
vii. Fraud and restrictions: BookMyTask may ask for additional documents (like PAN, etc.) where it deems necessary, including in case the transaction looks suspicious. [BookMyTask will refund the full amount (excluding the nominal processing fees collected by BookMyTask) without any deductions if BookMyTask determines it is not a valid payment or if such payment is fraudulent. A valid payment is one where there exists a legally valid User and its not a fake User or User outside of the area of service by BookMyTask.
viii. Refunds: In case, BookMyTask is not able to facilitate the Service for any valid reason associated with the offerings of BookMyTask or due to any technical difficulties, BookMyTask will refund the payment back to the source.
ix. Cancellations: User may elect to cancel service request at any time prior to such Service partner or professional’s arrival, in which case User may be charged a cancellation fee in accordance with BookMyTask’s cancellation policy (as may be amended from time to time). BookMyTask reserves the right to charge User, or otherwise deduct applicable taxes in respect of such cancellation fee.
x. The Users acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of the User’s access to and use of the payment Services remains with the Users. If the Users permit or authorize another person to use their BookMyTask account in any way, the Users shall be responsible for the actions taken by that person. Neither BookMyTask nor any other party or Processor involved in creating, producing, or delivering the payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these payments terms.
13.
GENERAL SERVICE TERMS & CONDITIONS
i. Service Booking:
A Service can be booked anytime through our Site or by calling official numbers of BookMyTask. A service request need to be booked at least 24 hours prior the scheduled time and can be booked in advance for a maximum of 7 days. For emergency requests or any request which does not fulfill the above criteria, BookMyTask will confirm the booking after validating the availability of appropriate personnel or service partner or professional. BookMyTask also reserves its right to charge an additional amount for emergency or other kind of request, such charges may be informed to the User in writing on any of their communication details made available to BookMyTask. Service bookings will be subject to the availability of appropriate personnel and working days/hour policy of BookMyTask. BookMyTask reserves the right to change these policies from time to time.
ii. Service Execution:
Services booked through Site or call or any other authorised channel will be delivered at the scheduled time/time slot selected by User as per the availability of the Service partner or professional. Although BookMyTask will ensure its best to deliver the service at the fixed schedule time, however in case there is a delay from User side or any external factor, the delivery time will be modified accordingly and will be upfront informed to User. If there is any delay in the Service delivery for any reason, BookMyTask may request User to choose a different time slot as per the earliest availability. If User decline such request or wish to cancel the service request, BookMyTask would refund the amount received (if any) as per BookMyTask Cancellation and Refund Policy.
iii. General Terms:
• All the service requests need to be made in accordance with the Service Booking and their delivery will be governed by the Service Execution.
• At all times User are expected to use the Site or interact directly with our call centre or BookMyTask’s office for any service requests or warranty related issues. Calling the Service partner or professional directly amounts to breach of contract and noncompliance with this Agreement and can entail termination or suspension of User account with immediate effect.
• BookMyTask requests that all irreplaceable items (whether monetarily or sentimentally or historically valuable) be stored and kept away from BookMyTask’s representatives or personnel’s or Service partner or professional at all times.
• The Service shall be used by any User for personal or official use, non-commercial use only; User should not use the service in connection with any commercial endeavours, reselling or whatsoever without the express prior written consent of BookMyTask.
• BookMyTask shall not be responsible for any existing damage or other problem to User’s property in the form of old stains/cracks/spillages/marks etc. which cannot be cleaned / restored / removed completely using the standard methods or service or any limitation of service as per BookMyTask.
• BookMyTask shall not be liable for the shrinkage or colour loss of and fabric material or surface as a result of our Services and the User need to ensure compliance with the instructions of the manufacturer.
• In the interest of User’s safety and security, BookMyTask request Users to verify the Identity Card or other evidence of the Service partner or professionals before allowing him inside the premises and also keep a watch on his/her activity for the entire duration of Service. User may also check and verify them before they leave User Premises.
• Material once purchased after User approval and instruction or opened and issued/used shall not be refundable or returned under any circumstances and User agrees and accepts unconditionally to pay the charges or fees for such material to BookMyTask.
• BookMyTask reserve the right to refuse any Service if the condition of the property or premises is hazardous to the health and well-being of Service partner or professional.
• If User intend BookMyTask to hire any specific equipment for carrying out the services then User will be solely responsible to provide such equipment to our service partner or professional and BookMyTask reserves its right to recover any expenses or charges in case it is facilitated by BookMyTask. User agree to discharge all such charges / fees along with the final value before the Service partner or professional leaves User premises.
• BookMyTask will not be liable and shall not be held responsible for any work carried out by the Service partner or professional directly under the instructions of the User without having intimated BookMyTask or if such Services are rendered by any Service partner or professional in any personal capacity as per instructions of the User.
• In case BookMyTask’s Service partner or professional is not able to carry out any service or activity due to complexity/ adversity, BookMyTask will try to find a suitable team / person who can complete the job as per reasonable standards. However, User agree that BookMyTask is not responsible for execution of work that requires extraordinary efforts and specialized resources.
• User are requested to treat BookMyTask, its affiliates, its licensors, agents, employees and service partner or professional with respect and dignity at all times during the service execution and visit.
• It is our service partner or professionals responsibility to clean the place of service undertaken to a reasonable extent.
• BookMyTask reserves its right to amend / alter / cancel / modify / remove / add / delete / upgrade / downsize any or all of the services or products offered at any given point in time. User at all times agree with the changes / modifications made to the Services.
• BookMyTask is free to add / change / rectify the mentioned terms and conditions from time to time and the User agrees to be bound by them, the User also agrees to periodically and regularly check the amended terms and conditions and also agrees to accept responsibility of the terms and conditions before availing any service of BookMyTask.
iv. Terms of Service for One Time Works
• The charges mentioned for each category of service are for a particular unit for example per hour/per visit, etc. and subject to certain terms and conditions, so please read the unit information and related terms carefully.
• In case any extra material/spare part/fitting/article is required to deliver/perform the service BookMyTask or its representative or personnel or service partner or professional will inform User upon inspection. Either User can procure such material/spare part/fitting/article and provide to the service partner or professional or he/she may procure such material/spare part / fitting / article and bill it to User inclusive of all the taxes and government levies as may be applicable and incase any transit charges incurred by the service partner or professional to procure the material.
• In case User wish to avail of 2 or more different services in one service visit, it would be treated as two different service requests and recorded accordingly. i.e. each service will be charged separately.
• All work carried out is subject to a unit (say 1 hour or 1 visit) per job. In case the work exceeds (say the time exceeds or more than one visit is required) it shall be charged additionally. The charges are for a unit of work and in no case will be proportioned or reduced.
• All jobs carried out shall be for indoor repair works only (BookMyTask reserves its right to classify whether a work is repair or not) and limited to the premise mentioned while booking the service. No repair work with respect to concealed jobs will be carried out wherein the service partner or professional is required to repair beyond the open available pipe or fittings or approach inaccessible areas.
• In case the service partner or professional does not arrive within 30 minutes from the scheduled arrival time, please ensure BookMyTask is informed immediately. BookMyTask will arrange to assist the User to resolve the matter at the earliest.
v. Terms of Service for Periodic or Maintenance Contracts
These terms and conditions shall be applicable only to the services specifically mentioned as Periodic Contract or Monthly / Quarterly / Annual Maintenance Contract (AMC) or any other customised contract for Service by BookMyTask. On booking or subscribing to any Periodic Contract the User agrees with the following terms and conditions:
• User shall be a member of the BookMyTask Periodic Contract Service for a period as mentioned for a maximum tenure of 1 (One) year or any other specified period as mentioned in the service description from the date of online booking and payment as per the terms and conditions mentioned and User acknowledges that by booking any such Periodic Contract they accept the terms and conditions of this Agreement or any other terms and conditions as specifically mentioned for the respective Periodic Contract.
• Periodic Contract shall come into operation only after the confirmation of receipt of payment to BookMyTask.
• The subscription may be renewed at the end of one year or other specified period at the prevalent market rates to continue using BookMyTask’s services.
• The services will be provided at only one premise registered with us. In case of shift of premises within our service area, the un-utilized service shall be rendered only at the new premise. Any additional amount (say for increase in area), if any, will need to be discharged at the time of transfer. In case of shifting to a premise out of our service area, the fees paid will not be refundable.
• In case of Periodic Contract services, there will be a limit on the number of hours of service in a particular month. In case due to genuine reasons User want our services for more than the specified number of hours in a month, BookMyTask may consider Users request and allow additional usage as it deems fit.
• The subscription is not transferrable and non-refundable, in case of transfer; User need to expediently and formally communicate the details of new premise to BookMyTask and after verification BookMyTask shall confirm the transfer.
• Any deviation or additional service requested, which is not covered in the Periodic Contract, shall attract additional charges, which shall be communicated before the service.
• There are set limits for each of the Service and if any extra time or visits are required, User will be charged for such services at the prevailing market rates.
The subscriber is further bound by the terms & conditions, which shall be communicated at the time of inspection or work order generation, which needs to be verified and signed before every service.
14.
CANCELLATION, REFUND & WARRANTY
i. Cancellation & Rescheduling
User can cancel the scheduled Service by giving prior notice of at least 6 hours before the agreed upon date and time of Service, without incurring any cancellation fees In case of cancellation within 6 hours User will be liable for a cancellation fee which shall be maximum of 20% of the service value or fees as per booking or INR 150 (whichever is higher), which will be recovered from User and User agree to pay that amount to BookMyTask. User can also request BookMyTask to keep the amount as an advance that can be en-cashed upon in subsequent requests. The advance will be adjusted against the new service request. All Service request or booking cancelled after visit shall be charged as per the minimum visit fee and User agree to pay such fees/charges immediately without any delay. In case of a certain specific service as may be specified by BookMyTask from time to time or in the terms and conditions of any specific service, such cancellation shall result in forfeiting of the advance amount paid by the User. Waiver of the Cancellation Fees or Charges shall be at the sole discretion of BookMyTask.
User can reschedule the Service at anytime by giving a notice of at least 3 hours before the agreed upon date and time of Service, without incurring any charges or fees. BookMyTask has the right to accept any such reschedule service request and reschedule a Service.
ii. Refund
Any refund request will be entertained only for the amount (in cash/cheque or via wire transfer) received by BookMyTask. The refund request will be subject to verification by BookMyTask and its decision will be final. Refund of money will be allowed in the mode of payment convenient to BookMyTask. A convenience fees (upto 5% of the amount involved) will be leviable in case of all refund request. A refund request shall be processed within 10 working days, after completion of verification and confirmation of approval of the refund. Any excess amount or additional charges, if any, incurred by BookMyTask will be recovered from User.
iii. Warranty
User agree to BookMyTask’s Warranty Policy as mentioned hereinafter. These standard terms & conditions of warranty are applicable for all warranty coverage’s.
Warranty is restricted to the labour service only and any materials or consumables used in the warranty will be chargeable.
All services undertaken by BookMyTask which can be covered in the Warranty Policy will carry a warranty period as may be specified by BookMyTask for the Services offered. The warranty coverage will NOT be applicable for HD Cleaning Services or other services that are specifically mentioned.
User shall not be entitled to warranty in case:
• Faulty spare parts are not replaced on User instruction;
• If the fault occurs due to any material utilised which is issued by User whether that material is in warranty or not; or
• Warranty becomes immediately void if there has been any kind of tampering with the work/service done.
Post completion of the specified warranty period for a service, the service will be marked as closed by BookMyTask and no warranty or claim or other request will be entertained.
15.
CONTENT ON THE SITE
BookMyTask shall endeavour to ensure that the Content on its Site is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the Site or otherwise in connection with the Service:
(i) attempt or help anyone else attempt to gain unauthorized access to the Site or BookMyTask’s related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the Site);
(ii) use the Site to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or on the User’s Profile);
(iii) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws;
(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
(v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein;
(vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way;
(viii) modify or make derivative works based upon the Service or the Content of BookMyTask;
(ix) create internet “links” to the Site or “frame” or “mirror” any Content on any other server or wireless or internet-based device; or
(x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
16.
USER GENERATED CONTENT
The Site may contain user generated content (“UGC”) which BookMyTask may take measures to pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent BookMyTask’s views, opinions, beliefs, morals or values. BookMyTask does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any UGC that the Users submit or publish on the Site. After posting any UGC on the Site, the Users continue to own the rights that the Users may have in that UGC, subject to the limited license set out here. BookMyTask shall do its best to monitor, edit or remove such UGC where BookMyTask considers it appropriate or necessary to do so. BookMyTask does not promise that the content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties.
The Users hereby expressly acknowledge and agree that BookMyTask will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any UGC.
17.
INTELLECTUAL PROPERTY
i. BookMyTask respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Site and the Users may not use the Site to transmit or reproduce someone else’s Intellectual Property.
ii. The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of BookMyTask’s Intellectual Property Rights:
(a) misrepresentation of User Information or Content;
(b) using the Content directly or indirectly, publicly or privately for charging commission from the Users;
(c) using the Content directly or indirectly, publicly or privately for charging commission from any third party; and
(d) using the Content to display Agent like behaviour.
iii. The User shall not upload, post or otherwise make available on the Site, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.
iv. BookMyTask reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.
v. The User further accepts and agrees that BookMyTask shall have Intellectual Property Rights on all information and data provided or shared by the User on the Site.
vi. BookMyTask may request User to submit suggestions and other feedback, including bug reports, relating to the Services from time to time. We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from User without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of Users intellectual property rights.
18.
OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS
i. BookMyTask does not warrant in any manner whatsoever that the Site or any other software utilized by BookMyTask for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with BookMyTask.
ii. BookMyTask shall endeavour to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry.
iii. BookMyTask shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Computer Virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.
19.
USER CONDUCT
(a) BookMyTask prohibits discrimination against any of its employees, Service partners or professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Services based on any of these characteristics.
(b) BookMyTask request that User treats all Service partner or professionals with courtesy and respect, and provide them with a safe, clean, and appropriate location to perform the Services. Service partner or professionals shall be entitled to refuse to perform Services if User have not provided a safe, clean, and appropriate location for them, or User behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. BookMyTask reserve the right to withhold access to the Services and at our absolute discretion if User behave towards any Service partner or professional in a manner which is discourteous, disrespectful, or abusive, or which otherwise deem to be inappropriate or unlawful.
(c) User agrees to be liable for discriminating against Service partner or professionals or for any failure, intentional or otherwise, to provide the Service partner or professionals a safe, clean, and appropriate location for them to perform the Services. Additionally, User will also disclose any and all information that may have a bearing on the ability of the Service partner or professional to perform the Services or impact the Services partner or professional’s health, safety, or well-being, to BookMyTask and the Service Professional.
(d) User agree that in the event a Service partner or professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, User shall be required to report such incident to [email protected] at the earliest but in any event within 48 (forty eight) hours of such incident.
20.
DISCLAIMER
(a) The information and opinions available on the Site in relation to the Services are mere guidelines for the purposes of providing general information on the subject and any other information through or on the Site is not an offer and/or recommendation from/ by BookMyTask.
(b) The Content should not be regarded as legal, financial or maintenance advice for the User. BookMyTask advises the User to make independent enquiries and obtain professional advice before making decisions.
(c) The Services are chosen and used at the User’s risk and discretion and BookMyTask makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.
(d) The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.
(e) BookMyTask expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any service listing posted on the Site/ made available to BookMyTask by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.
(f) BookMyTask does not warrant the Services (except as explicitly specified in this Agreement) or the results obtained from the use or that the Services will meet the User’s expectations or requirements or that the Site will be uninterrupted or free from any technical error.
(g) BookMyTask is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Site and any external web links mentioned on the Site.
(h) BookMyTask does not have the obligation to physically meet, conduct background or police verification of the Users. BookMyTask accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.
(i) BookMyTask shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.
(j) BookMyTask shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.
(k) BookMyTask shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Site or availing the Services. BookMyTask shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to BookMyTask.
(l) BookMyTask neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. BookMyTask assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
(m) BookMyTask shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to any dependency on the User, User instructions oral or written, acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.
21.
BOOKMYTASK MEMBERSHIP PROGRAM AND OFFERS:
i. BookMyTask Club is a loyalty program to reward and facilitate BookMyTask’s loyal Users by offering certain privileges, benefits or facilities and BookMyTask Club Membership is a membership offered to Users which shall be governed by the rule’s frames by BookMyTask for this program which shall be subject to changes from time to time without any prior information or notification to the BookMyTask Users.
ii. User can avail for the BookMyTask Club Membership only by enrolling through the Site or any other official mode as may be communicated by BookMyTask on payment of the specified Fees and for a specific duration as may be communicated by BookMyTask.
iii. Membership once activated cannot be cancelled, transferred, refunded or returned in any condition and User are bound by the Terms and Conditions. The Users shall have option to upgrade to any other scheme or benefits as may be made available to the BookMyTask Club Members from time to time. BookMyTask Club Membership cannot be shared or transferred to any other User and BookMyTask shall not be responsible if any benefits under the program are used or exhausted by any other User or any unauthorized person.
iv. BookMyTask Club Membership benefits shall end on the expiry of the specified period and all the associated benefits or accumulated cashback or loyalty points or rewards shall lapse if it is not renewed in time by the User and the decision of BookMyTask shall be final in case of any dispute on any terms or conditions in relation to the program or membership.
v. The savings shown for the BookMyTask Club saving are based on the basis of estimated savings of Users and is not a guarantee or confirmation from BookMyTask as the actual saving may vary for each User based on their requirements and service usage.
vi. BookMyTask Club Membership benefits may include but not limited to benefits like Reward Points, Exclusive Discounts, Premium Offers, Special Deals, Free Services, Free Subscriptions, Access to special schemes or benefits or programs only for BookMyTask Club Members and Users agree and acknowledge that all such benefits are optional and not mandatory to avail by them. BookMyTask reserves its exclusive rights to modify, withdraw, deny or amend any of these benefits or offers to any User without any reason.
vii. BookMyTask Refer & Earn Program is available to Users and BookMyTask Club Members as per the terms and conditions of BookMyTask. Referrers shall have a unique code that can be shared with the Referees and on a successful referral basis confirmed booking by the Referees the benefits as described by BookMyTask shall be made available to the Users. BookMyTask reserves the right to modify or terminate the Program at anytime without any prior notice.
viii. Users agree and unconditionally accept that all the programs and offers are voluntary and Users acknowledge that at any time they shall have no claims of any nature against BookMyTask for any loss or damage or notional loss or notional damage arising from their participation in any of the program, membership or scheme of BookMyTask.
22.
LIMITATION OF LIABILITY
BookMyTask’s total aggregate liability under this Agreement and in relation to anything which BookMyTask has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of BookMyTask arises.
23.
INDEMNITY
BookMyTask and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees) incurred and/or suffered by BookMyTask, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:
(a) breach of any terms of this Agreement;
(b) third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property;
(c) claims made by any Government Authority due to the User’s violation of Applicable Law; or
(d) actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement.
(e) a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.
24.
TERM & TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
(b) BookMyTask may restrict, deactivate, or terminate User access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if User violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when User cease to become a user of our Services, (C) User do not, or are likely not to qualify under applicable law, or the standards and policies of BookMyTask or its affiliates, to access and use the Services, or (D) violate or breach the Community Guidelines, (ii) upon 30 (Thirty) days’ prior written notice to User, or (iii) immediately for any legitimate business, legal, or regulatory reason.
(c) User may terminate these Terms, at any time, for any reason by sending a notice to BookMyTask at [email protected]
(d) Upon termination of these Terms:
(i) the Account will expire;
(ii) the Services will “time-out”; and
(iii) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
25.
USER GRIEVANCE
Any User grievance relating to the discrepancies or misuse of information so provided to BookMyTask may be addressed to the grievance officer, whose details are provided below appointed by BookMyTask for this purpose.
Name : Mrs. Nidhi C
Designation : Customer Relationship Officer
Email Id : [email protected]
The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.
26.
GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs)/ REPORT A FRAUD
The LEAs can send us the legal requests/ notices to us on [email protected] for assistance required on user details. Additionally, in case if User have any query, User can also call us on our Customer Helpline Number – 1800 3000 5149.
27.
WAIVER AND SEVERABILITY
i. No failure or delay on the part of BookMyTask in exercising any right or remedy shall operate as a waiver of such right or remedy.
ii. In the event that any of the terms and conditions of the Agreement are declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render the other terms and conditions as invalid or unenforceable as a whole.
iii. The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, BookMyTask) while drafting it.
28.
AMENDMENT
(a) BookMyTask shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User, provided, however, that, a notification of such change, updation or modification will be made available on the Site.
(b) The User’s uninterrupted and continued usage of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement and any Rules or Regulations framed thereunder and reasonably displayed on the Site in any manner.
29.
GOVERNING LAW AND JURISDICTION
Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Mumbai shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, BookMyTask shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Mumbai that it may in its sole discretion deem appropriate and convenient.
Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by BookMyTask. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
