Terms and Conditions
Last Updated on: May 31, 2023.
Please read the terms and conditions (“Terms and Conditions”) set out
below carefully before choosing Services from our app or website
(“Platform”). By choosing Services from our Platform you agree to be bound
by these Terms and Conditions.
Introduction
We are Caretakrs, a brand of Oblige Hometech Private Limited (http://www.caretakrs.com, unless otherwise stated). We operate and manage Services from our
corporate office located at multiple locations.
Definitions
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Association Fees means and includes fees payable to the
Company by the Caretaker for the Services being provided to the Users
from the Platform.
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Agreement is a reference to these Terms and Conditions,
the Privacy Policy, any form and payment instructions provided which has
agreed to co-operate with the Company to prepare and/or deliver
Services.
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Caretaker means the professional providing the services
to you being managed by us.
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Services are services provided by Caretakrs to the
Users through our Platform colly. as Services.
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Platform includes the website, the mobile application
or any other means which Caretakrs allows to book any Services being
offered from time to time;
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Privacy Policy means the policy displayed on our
Platform which details how we collect and store your personal data;
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users, you, your and
yours are references to you the person accessing
Platform and choosing any Services from our Platforms or from any other
channel provided by us;
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we, us, our, and
Caretakrs are references to the Company.
Choosing the Services
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Any contract for the supply of Services from our Platform between you
and Caretakrs; for the supply of Services from our Platform. You agree
to take particular care when providing us with your details and warrant
that these details are accurate and complete at the time of availing our
Services. You also warrant that the credit or debit card details that
you provide are your own credit or debit card and that you have
sufficient funds to make the payment.
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Services availed from us are intended for your use only and you warrant
that any Services availed by you are not for resale and that you are
acting as principal only and not as agent for another party when
receiving the Services.
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When making any bookings from our Platform, you may be required to
provide an e-mail address, mobile number and password. You must ensure
that you keep the combination of these details secure and do not provide
this information to a third party.
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We will take all reasonable care, in so far as it is in our power to do
so, to keep the details of your order and payment secure, but in the
absence of negligence on our part we cannot be held liable for any loss
you may suffer if a third party procures unauthorized access to any data
you provide when accessing or ordering from our Platform.
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When you make any bookings from our Platform, we will share invoice for
the Services availed from us on our Platform. You must inform us
immediately if any details are incorrect.
Prices and Payment
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All prices listed on the Platform are correct at the time of publication
and have been input as decided by us. We also reserve the right to alter
the Services available through the Platforms without prior intimation to
you.
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All prices listed on the Platform reflect the charges in real time.
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Full payment is deducted when you make payments through our payment
partners on our Platform. Payment has to be made online e.g. credit or
debit card or net banking or wallets or UPI. We might introduce cash
payment which, once live, will be intimated to the Customers.
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To ensure security, your debit/credit card details will be encrypted to
prevent the possibility of someone being able to read them as they are
sent over the internet. Your credit card company may also conduct
security checks to confirm it is you placing the order.
- All the Services provided on our Platform are inclusive of taxes.
Cancellation and Refunds
In case of cancellations for the reasons attributable to us or Caretakers,
we shall not charge you any cancellation fee and will refund the balance
in the mode form which the original payment was done. At Caretakrs, the
Services are flexible per demands of the User, yet we have some rules. Our
policies are designed to promote a reliable, consistent experience for our
Users. While we understand the appointment can change quickly,
rescheduling or skipping a booking with short notice causes our Caretakers
to lose valuable time and work thereby giving them a hit on their daily
income. Decisions on refund shall be at our sole discretion and shall be
final and binding on our customers. All refund amounts shall be credited
to the respective bank account within 7 business days. Therefore, certain
charges apply when bookings are cancelled or rescheduled. The same is
mentioned below:
Type of Cancellation |
Charges |
More than 2 hours to service |
NIL |
Less than 2 hours to service |
50% of the receipt amount will be deducted |
Caretaker arrives but unable to get entry or start job. |
No refund. |
Information
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You authorize us to use, store or otherwise process your personal
information in order to provide Services to you and for marketing and
credit control purposes (“Purpose”). The Purpose may include the
disclosure of your personal information to selected third parties from
time to time where we believe that the services offered by such third
parties may be of interest to you or where this is required by law or in
order to provide the Service to you.
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You are entitled to request a copy of the personal information we hold
on you. Please contact us if you wish to request this information.li>
Linked Sites
There may be a number of links on our Platform directing to third party
websites which we believe may be of interest to you. We shall not
represent the quality of the services provided by such third parties nor
do we have any control over the content or availability of such sites.
Complaints
We take complaints very seriously and aim to respond to your complaints
within 3 business days. All complaints should be addressed to
saurabh.arora@caretakrs.com.
Limitation of Liability
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Great care has been taken to ensure that the information available on
the Platform is correct and error free. We apologize for any errors or
omissions that may have occurred. We cannot warrant that use of the
Platform will be error free or fit for purpose, timely, that defects
will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the Platform and we do not make
any warranty whatsoever, whether express or implied, relating to fitness
for purpose, or accuracy.
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By accepting these terms of use you agree to relieve us from any
liability whatsoever arising from your use of information from any third
party, or your use of any third party website, through our Platform.
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We disclaim any and all liability to you for the supply of the Services
to the fullest extent permissible under applicable law. If we are found
liable for any loss or damage to you such liability is limited to the
amount you have paid for the relevant Services. We cannot accept any
liability for any loss, damage or expense, including any direct or
indirect loss such as loss of profits to you, howsoever arising. This
limitation of liability does not apply to personal injury or death
arising as a direct result of our negligence.
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We do not accept any liability for any delays, failures, errors or
omissions or loss of transmitted information, viruses or other
contamination or destructive properties transmitted to you or your
computer system through our Platform.
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We shall not be held liable for any failure or delay in performing
Services where such failure arises as a result of any act or omission,
which is outside our reasonable control such as all overwhelming and
unpreventable events caused directly and exclusively by forces of nature
that can be neither anticipated, nor controlled, nor prevented by the
exercise of prudence, diligence, and care, including but not limited to:
war, riot, civil commotion; compliance with any law or governmental
order, rule, regulation or direction and acts of third parties.
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The Services provided by us are provided for private domestic and
consumer use only. Accordingly, we do not accept liability for any
indirect loss, consequential loss, loss of data, loss of income or
profit, loss of damage to property and/or loss from claims of third
parties arising out of the use of the Platform or for any Services
availed from our Platform.
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We take all reasonable steps to prevent internet fraud and ensure any
data collected from you is stored as securely and safely as possible.
However, we cannot be held liable in the extremely unlikely event of a
breach in our secure computer servers or those of third parties.
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In the event we have a reasonable belief that there exists an abuse of
vouchers and/or discount codes or in suspected instances of fraud, we
may cause the customer to be blocked immediately and reserves the right
to refuse future service. Additionally, should there exist an abuse of
vouchers or discount codes, Company reserves the right to seek
compensation from any and all violators.
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We shall not be liable for cases such as theft, abuse or any other
personal action against the Caretaker assigned through our Platform.
However, we assist the Users in understanding the case and helping them
sort the issue at the earliest. If required, we assist the Users in
taking appropriate action with the respective authorities.
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You agree to indemnify and hold the Company and its affiliates and their
officers, directors, employees, and agents harmless from any and all
claims, demands and losses, liabilities and expenses arising out of or
in connection with (i) your use of Services obtained from our Platform
(ii) breach of violation of these terms (iii) violation of User content.
Your liability will be reduced proportionately if, and to the extent
that, Company caused or contributed to any such losses.
Services
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Caretakrs will provide you Services under this agreement. The Services
through our Platform will connect you to independent third party and we
will ensure
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to arrange and schedule service with the third party i.e Caretaker.
- Determine the amount to be paid by the Users to the Caretaker.
- Efficient utilization of time of our Users and the Caretaker.
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Facilitate the payment mechanism and receipt of the amount from Users
for the Services being availed from our platform.
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The services being provided by the Caretaker are as an independent
contract and there is no contract with the Caretaker. No agency,
partnership, joint venture or any other arrangement is created unless
mentioned specifically in a separate agreement between the Company and
the Caretaker. The Company will not be providing any supervision,
directions or control over the individual services being provided by the
Caretakers to the Users. The Caretaker will be responsible for procuring
the necessary approval / licenses / tax registration applicable upon at
any given point of time for providing any Services. The Caretaker will
have no authority to bind the Company in any respect. For clarity,
Caretakrs intends to provide the Platform where Users and the Caretaker
can be brought together for providing requisite Services being provided
through our Platform. Please note that the Caretakers are solely
responsible for the Services provided to the Users.
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The Caretaker will pay Association Fees in order to accept Services from
our Users through our Platform. The Association Fees may be in form of
either percentage or fixed amount. The Association Fees will be
communicated to the Caretaker from time to time. If the Caretakers
cancels the Service or terminates the service in middle of the tenure,
then the entire fees will be forfeited and thereby relinquishing
Caretakers from making any claims w.r.t to that particular Service. The
Company will charge a small deposit from Caretaker in the form of credit
which will be adjusted against the payments made by Users to Caretaker.
To facilitate the payment from the User, the Caretaker will be charged
Association Fee by the Company. All the payments made to the respective
Caretaker will be made available post deduction of the Association Fees.
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After the delivery of Service, the payments will be facilitated by the
Company of the applicable amount paid by the User as your collection
agent.
General
- All prices are in Indian Rupees. GST is included where indicated.
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We may subcontract any part or parts of the Services that we provide to
you from time to time and we may assign or novate any part or parts of
our rights under these Terms and Conditions without your consent or any
requirement to notify you.
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We may alter or vary the Terms and Conditions and the same shall be
published on our Platform.
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Payment must be made choosing the Services through our Platform. Failure
to pay will result in the blocking of your account on our Platform
followed by legal actions.
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The Terms and Conditions, any order form and payment instructions
constitute the entire Agreement between you and us. No other terms
whether expressed or implied shall form part of this Agreement. In the
event of any conflict between these Terms and Conditions and any other
term or provision on the Platform, these Terms and Conditions shall
prevail.
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If any term or condition of our Agreement shall be deemed invalid,
illegal or unenforceable, the parties hereby agree that such term or
condition shall be deemed to be deleted and the remainder of the
Agreement shall continue in force without such term or condition.
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These Terms and Conditions and our Agreement shall be governed by and
construed in accordance with the laws of India. The parties hereto
submit to the exclusive jurisdiction of the courts in Jharkhand.
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No delay or failure on our part to enforce our rights or remedies under
the Agreement shall constitute a waiver on our part of such rights or
remedies unless such waiver is confirmed in writing.
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Customers making bookings through our Platform will receiving
promotional SMS, irrespective of their number being registered under
NDNC. If customer wish to not receive promotional SMS, they may contact
us on
saurabh.arora@caretakrs.com.
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All dealings, correspondence and contacts between us shall be made or
conducted in the English language.
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The voucher calculation is subject to Company’s discretion and may
be altered at any time and without notice. The voucher can discount
any/all of the components including food cost, taxes and fees and
likewise.
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We recommend the Users to work / stay with Caretakers during the time of
the service.
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We reserve the right to block/blacklist customers with suspicious
activity on their accounts. Suspicious activities include, but are not
restricted to:
- Unfair voucher use.
- Using multiple logins from the same device.
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For concerns regarding blacklisting, please reach us at
saurabh.arora@caretakrs.com.
Disclaimers
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The Platform may be under constant upgrades, and some functions and
features may not be fully operational.
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We expressly disclaim all liabilities that may arise as a consequence of
any unauthorized use of credit/ debit cards.
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While the materials provided on the Platform were prepared to provide
accurate information regarding the subject discussed, the information
contained in these materials is being made available with the
understanding that we make no guarantees, representations or warranties
whatsoever, whether expressed or implied, with respect to professional
qualifications, expertise, quality of work or other information herein.
Further, we do not, in any way, endorse any service offered or described
herein. In no event shall we be liable to you or any third party for any
decision made or action taken in reliance on such information.
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The information provided hereunder is provided “as is”. We and / or our
employees make no warranty or representation regarding the timeliness,
content, sequence, accuracy, effectiveness or completeness of any
information or data furnished hereunder or that the information or data
provided hereunder may be relied upon. Multiple responses may usually be
made available from different sources and it is left to the judgement of
users based on their specific circumstances to use, adapt, modify or
alter suggestions or use them in conjunction with any other sources they
may have, thereby absolving us as well as our consultants, business
associates, affiliates, business partners and employees from any kind of
professional liability.
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We shall not be liable to you or anyone else for any losses or injury
arising out of or relating to the information provided on the Website.
In no event will we or our employees, affiliates, authors or agents be
liable to you or any third party for any decision made or action taken
by your reliance on the content contained herein.
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In no event will we be liable for any damages (including, without
limitation, direct, indirect, incidental, special, consequential or
exemplary damages, damages arising from personal injury/wrongful death,
and damages resulting from lost profits, lost data or business
interruption), resulting from any services provided by any third party
or merchant accessed through the platform, whether based on warranty,
contract, tort, or any other legal theory and whether or not we are
advised of the possibility of such damages.
Contact Us
Please contact us for any questions or comments (including all inquiries
unrelated to copyright infringement) regarding this Platform.
In accordance with Information Technology Act, 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided
below:
Grievance Officer: