1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Kuchbhioncall. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Kuchbhioncall may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Kuchbhioncall reasonably suspects that:
- you have, or are likely to, breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and policies of Kuchbhioncall and its affiliates, to access and use the Services.
Kuchbhioncall may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
- immediately, where Kuchbhioncall reasonably suspects that:
- you have, or are likely to, materially breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and policies of Kuchbhioncall and its affiliates, to access and use the Services; or
- on 30 days’ written notice to you, where Kuchbhioncall, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Kuchbhioncall may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.
You may terminate these Terms at any time, for any reason.
Kuchbhioncall may amend the any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. Kuchbhioncall will provide you with at least 30 days’ written notice in the event of a material change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Kuchbhioncall’s posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Kuchbhioncall may disclose users’ personal information to third parties. Kuchbhioncall may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Kuchbhioncall may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
2. THE SERVICES
Kuchbhioncall will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of Kuchbhioncall’s mobile application (each, an “Application“) or Website to: (a) arrange and schedule home-based services with independent third party providers of those services, who have an agreement with Kuchbhioncall or its affiliates (“Third Party Providers”); and (b) facilitate payments to Third Party Providers for the services and receive receipts for those payments.
The Services are made available solely for your personal, non-commercial use, unless Kuchbhioncall has agreed with you otherwise in a separate agreement. You acknowledge that Kuchbhioncall does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by Kuchbhioncall or any of its affiliates. Kuchbhioncall accepts liability for the Services and the UC Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you.
Subject to your compliance with these Terms, Kuchbhioncall grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the UC Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Kuchbhioncall and Kuchbhioncall’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Kuchbhioncall; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Kuchbhioncall’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Kuchbhioncall’s subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Services and Content.
The Services and all rights therein are and shall remain Kuchbhioncall’s property or the property of Kuchbhioncall’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Kuchbhioncall’s company names, logos, product and service names, trademarks or services marks or those of Kuchbhioncall’s licensors.
3. YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Kuchbhioncall certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Kuchbhioncall in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Kuchbhioncall prohibits discrimination against Third Party Providers based on 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. If it is found that you have violated this prohibition you will lose access to the Kuchbhioncall platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Kuchbhioncall at any time by informing Kuchbhioncall of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Kuchbhioncall may, in Kuchbhioncall’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Kuchbhioncall establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Kuchbhioncall; (iii) may be disabled by Kuchbhioncall at any time for any reason without liability to Kuchbhioncall; (iv) may only be used pursuant to the specific terms that Kuchbhioncall establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Kuchbhioncall reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Kuchbhioncall reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Kuchbhioncall may, in Kuchbhioncall’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Kuchbhioncall through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to Kuchbhioncall, you grant Kuchbhioncall a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Kuchbhioncall’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Kuchbhioncall the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Kuchbhioncall’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) you are not providing feedback for services performed by you in your capacity as a service provider on the platform.
You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Kuchbhioncall in its sole discretion, whether or not such material may be protected by law. Kuchbhioncall may, but shall not be obligated to, review, monitor, or remove User Content, at Kuchbhioncall’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and UC Platform and any updates thereto. Kuchbhioncall does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges“). After you have received services obtained through your use of the Service, Kuchbhioncall will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Kuchbhioncall shall charge you a convenience fee (“Fee”) for the Services provided by Kuchbhioncall to you. The Fee may be charged from you at the time of booking of services on the platform or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable, unless otherwise determined by Kuchbhioncall or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. You retain the right to request lower Charges or Fee from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Kuchbhioncall will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges and Fee are due immediately and payment will be facilitated by Kuchbhioncall using the preferred payment method designated in your Account, after which Kuchbhioncall will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Kuchbhioncall may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Kuchbhioncall, Kuchbhioncall reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Kuchbhioncall’s sole discretion. Further, you acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Kuchbhioncall will use reasonable efforts to inform you of Charges and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges, Fees or the amounts thereof. Kuchbhioncall may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged/ deducted on cancellation fee will charged to you by Kuchbhioncall.
Further, Kuchbhioncall may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefits such as discounted services from Third Party Providers will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Kuchbhioncall does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Kuchbhioncall (on Kuchbhioncall’s website, in the Application, or in Kuchbhioncall’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Kuchbhioncall provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
It is clarified that the Charges and Fees (respectively) shall be made only for the services provided by the Third Party Provider to you and for the Services provided by Kuchbhioncall to you.