Homemet Terms And Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions

For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named HOMEMET
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
AffiliateAffiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Country refers to: Chhattisgarh, India
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AXLESYSTEM OPC PVT. LTD. , 118 Vrindavan Plaza.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Service

(a) Providing a platform for bidding by HOMEMET between the Customer and independent third parties (“Service Professionals”) and (“Suppliers”) for the supply of various house building, earthworks, and agricultural services.
(b) “Services” includes (“Service Professional”) and (“Supplier”) Services. HOMEMET does not provide the Services and is not responsible for their provision. Service professionals and suppliers are solely responsible and liable for the Services that they provide or otherwise provide through HOMEMET. HOMEMET and its affiliates do not employ service professionals and suppliers, nor our agents, contractors, or partners of its affiliates. SERVICE PROFESSIONALS AND SUPPLIERS DO NOT HAVE THE ABILITY TO BIND HOMEMET OR REPRESENT THEM.
(c) HOMEMET is for your personal and non-commercial use only, unless otherwise agreed upon in accordance with the terms of a separate agreement. Please note that HOMEMET is for use within India only. You agree that if You avail the Services or the Pro Services from any legal jurisdiction other than the territory of India, You shall be deemed to have accepted the HOMEMET terms and conditions applicable to that jurisdiction.
(d) The Services are made available under various brands owned or otherwise licensed by HOMEMET and its affiliates.
(e) A key part of the Services is HOMEMET's ability to send you to push notifications, electronic mail, or WhatsApp messages regarding your booking, your use of the Services, or as part of its promotional and marketing strategies. Although you may opt out of receiving these text messages by contacting us at [email protected] or through in-Platform settings, you agree and acknowledge that the Services (or a portion of the Services) will be available to you HOMEMET's ability to provide may be affected.
(f) In some cases, you may be required to submit proof of identity in order to avail of the Services, and you hereby agree to do so. Failure to comply with this request may result in your inability to use the Services.

Account Creation

(a) In order to avail of the Services, you will be required to create an account on the Platform (“Account”). For this account, you may need to submit certain details, including your phone number, HOMEMET sends you an OTP message to verify the phone number you provided, to create an account, you must be at least 18 Must be years.You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
(b) You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorized use of your Account or any other breach of security with respect to your Account.
(c) You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorized access to your Account.
(d) You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers and services from us and our third-party partners, and (iv) any other matter in relation to the Services.

User Content

(a) Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Professionals and you agree and acknowledge that Service Professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to (i) use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.
(d) In connection with these Terms and the licenses granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
(e) You agree and acknowledge that HOMEMET may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.

Consent of Use Data

(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://www.homemet.in/privacypolicyand it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
(b) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our or other third-party service providers.We may use information and data pertaining to your use of the Services for the provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
(c) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

Bidding

(a) Ordering: The Platform allows the Customer to request various services based on the availableservices. In order to make a booking, you must follow the instructions on the Platform and provide the required information. Homemet reaches out to multiple qualified suppliers and professionals near to you, for the service or product you request. If, in the unlikely event that we are unable to locate the supplier and professional for a specific time, we will contact you to find an alternative time.
(b) Quotation:HOMEMET sends booking information to multiple qualified suppliers and professionals through push notifications, so that the customer receives multiple competitive bids. Certain credit points will be deducted for each bid of the suppliers and professionals as per the conditions in the bidding process.
(c) Confirmation: Once the customer selects one of those quotations, a push notification is delivered by Homemet to the selected supplier or professional. If, this order is based on services (Construction, Tiles work, Painting, Plumber, electrician, etc.) Customer can request for more than one of those quotations for estimation. Actual measurements and accurate estimates are made available to the customer by the supplier or professional after the customer receives the request for estimation notification. A notification is sent by Homemet to the selected supplier or professional by selecting the best estimate from the customer-received estimation. This booking gets added to the scheduled list of the customer and supplier or professional.
(d) Delivery: The delivery of service or material by the supplier or professional will be done only when the start-job code given by the customer matches and only then the work will start. Similarly, the completion of work will be marked with the end-job code given by the customer.
(e) Payment:Once the Services or Materials have been delivered or in the course of delivery for long works, you will be required to make payment directly to the supplier or professional in accordance with these Terms or as specified on the application. There are two types of payment, Type 1) In which the customer has to pay the full amount, and Type 2) In which the customer has to pay by work status, details of work status in percentage by the supplier or professional in the application option "Generate-Bill" Will be done from.
(f) Feedback: Within 1 working day after the completion of work or full payment, the customer is required to provide a rating to the supplier or professional for evaluation of the work. If this is not the case, a certain rating will be provided by the application. Hence and prompt the customer to evaluate or rate the supplier or professional on time to secure their rating.
(g) Cancellation: Cancellation in Homemet Application After 2 consecutive cancellations, the cancellation option will be disabled for a few hours, in any case, the user will be suspended or blacklisted if the same process is repeated continuously. (i) Actions by the customer Cancellation process can be done before starting the job (ii) Cancellation process can be done by the supplier or professional even before the quotation or estimation is selected.

Pricing, Fee, and Payment Terms

(a) HOMEMET reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform.
(b) Payment shall be made by the Customer directly to the Supplier or Professional in respect of the Materials or Services, HOMEMET shall not be liable for the Payment, directly or indirectly, in any manner whatsoever.

Customer Conduct

(a) HOMEMET prohibits discrimination against Service 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) We request that you treat all Service Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Services. Service Professionals shall be entitled to refuse to perform Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to Services at our absolute discretion if you behave towards any Service Professional in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
(c) You agree that you will be liable for discriminating against Service Professionals or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Services or impact the Services Professional’s health, safety, or well-being, to HOMEMET and the Service Professional.
(d) You agree that in the event a Service Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you 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.

Third-Party Services

(a) HOMEMET Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services and Product”) and contain links to Third Party Services and products. You understand and acknowledge that Third Party Services and Services are the sole responsibility of the third party that created or provided them and that use of such Third-Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services or products, including their accuracy or completeness. Should you avail of a Third-Party Service or product, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third-Party Services or products. Further, all intellectual property rights in and to Third Party Services or products are the property of the respective third parties.

Your Responsibilities

(a) You represent and warrant that all information that you provide in relation to the Services and Product is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services and/or deliver the services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
(b) You shall extend all cooperation to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(c) In respect of the User Content, you represent and warrant that:
i. You own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licenses under these Terms;
ii. you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
iii. the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
iv. the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
v. the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
vi. the User Content does not and shall not violate any third-party rights;
vii. the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognizableoffense, prevents investigation of any offense, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services.
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
i. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
ii. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
iii. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
iv. use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programs, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
v. use any robot, spider, other automated devices, or manual process to monitor or copy the Services or any portion thereof;
vi. use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;
vii. decompile, reverse engineer, or disassemble the Services;
viii. link to, mirror, or frame, any portion of all or any of the Services; or
ix. violate applicable laws in any manner.
(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
(f) You shall not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
(g) You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Service Professional from whom you have availed Pro Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Services independently, without bidding the Services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Professionals and that this will not preclude you from obtaining services the same as or similar to the Services through the Platform or other means. You further agree that any potential harm to Service Professionals from the non-enforcement of this clause far outweighs any potential harm to you.

Our Intellectual Property

(a) All rights, titles, and interests in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by HOMEMET or HOMEMETS’s licensors.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgment, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or license to, our or any third party’s intellectual property rights.

Terms and Termination

(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of HOMEMET 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 you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
(c) You may terminate these Terms, at any time, for any reason by sending a notice to HOMEMET 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.

Disclaimers and Warranties

(a) The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.
(b) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
(c) You agree and acknowledge that we are merely a Platform that connects you with Service Professionals, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. We are not liable or responsible for the fulfillment of any bookings, for the performance of the Services by any Service Professional, or for any acts or omissions of the Service Professionals during their provision of the Services including any damage they may cause to property. By booking Services through the Platform, you are entering into a contract with the relevant Service Provider for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Service Professional’s performance under that contract.
(d) You agree and acknowledge that soliciting or receiving services from any Service Professional independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
(e) We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service Professionals.
(f) You hereby accept full responsibility for any consequences that may arise from your use of the Services and Pro Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
(g) HOMEMET will maintain a complaints management framework and will manage this framework on behalf of Service Professionals in a reasonable manner and in accordance with the non-excludable requirements of relevant applicable laws.
(h) To the fullest extent permissible by law, we, our affiliates, and our related parties, each disclaim all liability for any loss or damage arising out of, or due to: a. your use of, inability to use, or availability or unavailability of the Services or Materials; b. the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to our records, programs, services, servers, or other infrastructure relating to the Services; c. the failure of the Services to remain operational for any period of time; and d. the loss of any User Content and any other data in connection with your use of the Services.
(i) In no event shall HOMEMET, its officers, directors, and employees, or its contractors, agents, licensors, partners, or be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), even if UC or an authorized representative had been advised of the possibility of such damages, arising out of, or relating to (A) these Terms, (B) the Services or the Pro Services, (C) your use or inability to use the Services or the Pro Services, or (D) any other interactions with another user of the Services.
(j) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 10,000 (Rupees Ten Thousand).
(k) Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
(l) Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnity

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or Pro Services, use of the Services or material Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.

Jurisdiction, Governing Lows, and Dispute Resolution

(a) HOMEMET These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Raigarh Chhattisgarh shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services. (b) Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in New Delhi 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 UC. 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.

Miscellaneous Provisions

(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.
(b) Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(d) Notice: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [email protected]
(e) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
(f) Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
(a) By email: [email protected]
(b) By visiting this page on our website: https://homemet.in/contectus
(c) By mail: 118 vrindavan plaza, Raigarh, Chhattisgarh 496001

This Terms and Conditions page was created and modified/generated by Homemet