TERMS AND CONDITIONS
CHILL-STAR is technology Platform Tat enables the user to book Servicemen in the employment of ird-party Independent Contractors through it. The employees and third-party Independent Contractors will offer the services which may be scheduled through the use of the platform..CHILL-STAR offers the information and method to obtain such third-party services, but has no responsibility or liability for any services provided to you by such third parties.
I. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries and uses and has the right to use the Services provided by CHILL-STAR. The Services provided by CHILL-STAR is a technology based service which enables the hiring of Servicemen for a home-based solution of problems in categories such as appliances, electronics etc., through the Internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
CHILL-STAR advises its users that while accessing the web site and CHILL-STAR App, they must follow/abide by the related laws.CHILL-STAR is not responsible for the possible consequences caused by your behavior during use of web site or the CHILL-STAR App.CHILL-STAR may, in its sole discretion, refuse the service to anyone at any time.
II. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the web site and CHILL-STAR App for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site / App solely for their own personal or internal purposes.
This agreement applies to all CHILL-STAR Services offered on the web site and CHILL-STAR App, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
III. AMENDMENT TO USER(S) AGREEMENT
CHILL-STAR may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms. It is therefore important that you review the Terms and Conditions regularly.
IV. INTELLECTUAL PROPERTY RIGHTS
In consideration of your use of our platforms, you represent that you are of legal age (18 years and above) to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You further represent that you have provided true, accurate, current and complete information about yourself while registering on our website and CHILL-STAR App to avail the Services.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our website and CHILL-STAR App at any time. CHILL-STAR will not be liable for any act or omission arising from the inaccurate information provided by you.
At the time of registration on our website and CHILL-STAR App, you will have to enter a valid phone number. By registering your phone number, you consent to be contacted by us via phone call and / or SMS notifications in case of any Package / service updates. If we do so, you will be provided the option to “opt-out” of receiving future communications. In addition, if at any time, you do not wish to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us. If you are registered with the DND National registry, you may not receive any promotional messages from us.
V. SUBSCRIBER ACCOUNT, SECURITY AND OFFERS & PROMOTIONS
CHILL-STAR reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. All information collected from the usersare on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.
User accounts bearing contact number and email IDs are created and owned byCHILL-STAR. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. CHILL-STAR reserves the full discretion to suspend a user’s account in the above event and does not have the liability to share any account information whatsoever.
You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify CHILL-STAR of any unauthorized use of your password or account or any other breach of security, and
- Ensure that you log out from your account at the end of each session;
- Never use any other Subscriber’s account without prior authorization fromCHILL-STAR.
CHILL-STAR shall not be liable for any loss or damage arising from your failure to comply with the above mentioned security measures.
VI. INTELLECTUAL PROPERTY RIGHTS
CHILL-STAR is the sole owner or lawful licensee of all the rights to the web site, CHILL-STAR App and all software created to provide you with the Service. CHILL-STAR provides you with a single limited license to download, use and access the CHILL-STAR App / website for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the CHILL-STAR App or the website, which is including, but not limited to, designs, layout, text, images, graphics, sound, video, information, logos, software etc. and any other content (“Content”) are the exclusive and sole property of CHILL-STAR. The web site and CHILL-STAR App content embodies trade secrets and intellectual property rights protected under the Indian laws. All title, ownership and intellectual property rights in the web site and CHILL-STAR App and its content shall remain with CHILL-STAR, its affiliates or licensor’s of CHILL-STAR content, as the case may be.
All rights not otherwise claimed under this agreement or by CHILL-STAR, are hereby reserved. The information contained in the web site and CHILL-STAR App are intended, solely to provide general information for the personal use of the user, who accepts full responsibility for its use. CHILL-STAR does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the web site and CHILL-STAR App, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent, substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall CHILL-STAR be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. CHILL-STAR reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
All related icons and logos are applied for trademarks or service marks of MY 247 Services Private Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site and CHILL-STAR App is the copyright of CHILL-STAR except the third-party content and link to third party web sites on our website.
Systematic retrieval of CHILL-STAR content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from CHILL-STAR is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of CHILL-STAR Services, you agree that you will not use the web site andCHILL-STAR App service to infringe the intellectual property rights of others in any way. CHILL-STAR reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of theCHILL-STAR service, or if CHILL-STAR believes that user(s) conduct is harmful to the interests of CHILL-STAR , its affiliates, or other users, or for any other reason in CHILL-STAR sole discretion, with or without cause.
VII. LINKS TO THIRD PARTY SITES AND ADVERTISEMENTS
Links to third party sites are provided by web site and CHILL-STAR Appas a convenience to user(s) and CHILL-STAR does not have any control over such sites i.e. content and resources provided by them.
CHILL-STAR may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. CHILL-STAR believes that to user(s) acknowledge CHILL-STAR has no control over such third party’s site, does not monitor such sites, and CHILL-STAR shall not be responsible or liable to anyone for such third-party site, or any content, products or Services made available on such site(s).
Aspects of the website and otherCHILL-STAR services may be supported by advertising revenue. As such,CHILL-STAR may display advertisements and promotions on the service. The manner, mode and extent of advertising by CHILL-STAR on the website and CHILL-STAR App are subject to change and the appearance of advertisements on the website and CHILL-STAR App does not necessarily imply endorsement by CHILL-STAR of any advertised products or services. You agree that CHILL-STAR shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the website and CHILL-STAR App.
VIII. THIRD-PARTY SERVICES
User’s interactions with Independent Contractors through the use of the Platform or service of CHILL-STAR , including payment and delivery of goods, services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third-party. The User should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.
You agree to defend, indemnify and hold harmless CHILL-STAR, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from:
- Your use of and access to our platforms;
- Your violation of any terms of this Agreement;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right.
X. FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall CHILL-STAR be held liable for any damage or loss due to deficiency in performance of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures etc.
Most content and some of the features on the web site and CHILL-STAR App are made available to visitors free of charge. However,CHILL-STAR reserves the right to terminate access to certain areas or features of its web site and CHILL-STAR App at any time for any reason, with or without notice. CHILL-STAR also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of CHILL-STAR and/or other visitors to the web site and Lifeasy App. CHILL-STAR reserves the right to limit, deny or create different access to the web site and CHILL-STAR App and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
XII. DISPUTE RESOLUTION
If a dispute arises between you and CHILL-STAR , we shall endeavor to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CHILL-STAR hereby agree to resolve any claim or controversy at law and equity that arises out of the Terms and Conditions in accordance with this section. Before resorting to filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
XIII. GOVERNING LAW
The Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.
XIV. TERMS & CONDITIONS FOR USE OF SERVICEMEN
The following Terms & Conditions shall apply to customers utilizing the Services offered by the Company for the hiring of Servicemen:
- The customer shall pay the service or labour cost, visit or transportation cost (if applicable), item cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Local Services.
- The customer shall ensure that he/she will not indulge in any of the following activities:
- Misusing, soiling or damaging any of the devices (technical/non-technical) of the Serviceman.
- Asking the Serviceman to break any government rules for any purpose. The Serviceman has the right to refuse such a request by the customer. The Serviceman also has the right to refuse such a work or leave such customer’s house.
- Misusing the Service or the Software for unlawful purposes or for causing nuisance, annoyance or inconvenience.
- Sharing of confidential information such as your password, etc.
- The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes, are excluded to the fullest extent permitted by law.
- Without prejudice to the above, the Company makes no representation or warranty that:
- The Services will meet the all customer’s requirements / expectation
- The Services will be uninterrupted, timely, secure, or error-free
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer’s non-compliance with the Services’ recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand to the Company.
- The Company is hereby authorized to use the location-based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a Serviceman booking. The location-based information will be used only to facilitate and improve the probability of locating a Serviceman for the Customer.
- The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- The Company shall be entitled at any time without giving any reason to terminate the booking of Servicemen made by the Customer.
The Company encourages all its customers to ensure the active supervision of the Serviceman. In case of lost items, Company will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
- If the Customer suspects any Serviceman of any wrongdoing (legal or illegal) or has any complaint in respect of the Services or the use of the Servicemen, the Customer has to inform Company of the same in writing within 24hours of using the Services of Company.
- The Company shall not be liable for any conduct of the Independent Contractor. However, the Company encourages you to notify it of any complaints that you may have against any such Independent Contractor.
- The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company’s website at on the date that Company may indicate that such addition, variation or amendment is to come into effect.
- The Company for quality and training purposes records all the calls made to the Company’s call center.
- All Servicemen registered with the Company could be continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company employs service providers and also hires Independent Contractors. The Company disclaims any and all liability in respect of the Independent Contractors and their services provided.
- The Company has the right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
- The courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.
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