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Terms & Condition
Terms and Condition
Terms and Condition
These Terms and Conditions (“Terms”) govern the use of services made available on or through https://www.familywalaservices.com and/or the Familywala Services mobile app (collectively, the “Platform,” and together with the services made available on or through the Platform, the “Services”). By accessing or using the Platform and Services, you agree to be bound by these Terms.
These Terms also include our Privacy Policy, available at https://www.familywalaservices.com/privacy-policy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail. These Terms and Conditions (“Terms”) constitute a binding and enforceable legal contract between Familywala Eshop Pvt Ltd. (a company incorporated under the Companies Act, 2013, with its registered address at 527/62 New Jagdamba Colony Jabalpur Madhya Pradesh ,India 482002, and its principal place of business at 527/62 New Jagdamba Colony Jabalpur Madhya Pradesh ,India 482002, and its affiliates, collectively referred to as “Familywala,” “we,” “us,” or “our”), and you, a user of the Services, or any legal entity that books Services (defined below) on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.
1. SERVICES
(a) The Services provided through Familywala include the ability to arrange and schedule various home-based and premises-based services with independent third-party service providers (“Service Professionals”). These services can be availed either at your home or at the premises of the Service Professionals, depending on the nature of the service.
(b) The services rendered by Service Professionals are referred to as “Pro Services.” The term “Services” does not include the Pro Services. Familywala does not provide the Pro Services and is not responsible for their provision. Service Professionals are solely liable and responsible for the Pro Services that they offer or provide, whether at your home or their premises. Familywala and its affiliates do not employ Service Professionals, nor are Service Professionals agents, contractors, or partners of Familywala or its affiliates. Service Professionals do not have the ability to bind or represent Familywala.
(c) The Platform is intended for your personal and non-commercial use, unless otherwise agreed upon in a separate agreement. Please note that the Platform is intended for use within India. If you avail the Services or Pro Services outside of India, you agree to comply with the Familywala terms and conditions applicable in that jurisdiction.
(d) A key part of the Services is Familywala’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilization of the Services, or as part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting Familywala at privacy@familywalaservices.com or through the in-Platform settings, you agree and acknowledge that this may impact Familywala’s ability to provide the Services (or part of the Services) to you.
(e) In certain instances, you may be required to furnish identification proof to avail the Services or the Pro Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Pro Services.
Familywala Credits:
(i) Familywala may, in its sole discretion, offer promotional codes that may be redeemed for credits, other features, or benefits related to the Services, and/or Pro Services, subject to any additional terms that may apply on a promotional code (“Familywala Credits”).
(ii) You agree that (i) you shall use Familywala Credits in a lawful manner, and only for the purposes specified by such Familywala Credits, (ii) you shall not duplicate, sell, or transfer the Familywala Credits in any manner (including by posting such codes on a public forum) unless you have Familywala’s express prior consent to do so, (iii) Familywala Credits may be disabled by Familywala at any time for any reason without any liability to you, (iv) Familywala Credits are not valid for cash, and (v) Familywala Credits may expire prior to your use.
(iii) Familywala may, at its sole discretion, provide only certain users with Familywala Credits that may result in different amounts charged for the same or similar services obtained by other users.
(iv) Familywala reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Familywala Credits, by you or any other user, if Familywala reasonably determines or believes that the use or redemption of the Familywala Credits was in error, fraudulent, illegal, or in violation of the applicable Familywala Credit terms or these Terms.
2. ACCOUNT CREATION
(a) Account Registration
To use the services offered by FamilywalaServices.com, you must create an account (“Account”) on our Platform. During the registration process, you will be required to provide accurate and complete information, including but not limited to your phone number, email address, and other details necessary to establish your identity. You must be at least 18 years of age to create an account. If you are under 18, you are not permitted to use the services provided by the Platform.
(b) Accuracy of Information
By registering, you confirm that all the information you provide during the account creation process is true, accurate, and up-to-date. It is your responsibility to ensure that the information provided remains current and accurate. In the event of any changes to your personal details, such as contact information or payment methods, you agree to promptly update your account on FamilywalaServices.com. Failure to do so may result in delays or disruptions in the services you receive.
(c) Security and Confidentiality
You are responsible for maintaining the confidentiality of your Account login credentials, including your username, password, and any other security details. You agree to keep your Account details secure and confidential and not to share your login credentials with any third party. In the event of a breach or unauthorized access to your Account, you must notify FamilywalaServices.com immediately so that we can take appropriate measures to protect your account. We are not liable for any unauthorized use or access to your Account.
(d) Responsibility for Activities
You are fully responsible for all activities conducted through your Account, including any actions performed by individuals other than yourself who gain access to your Account. This includes any transactions, communications, or service bookings made through your Account. FamilywalaServices.com shall not be held responsible for any unauthorized actions or activities conducted on your Account. You agree to indemnify FamilywalaServices.com for any losses or damages resulting from unauthorized access or use of your account.
(e) Communication Preferences
By creating an Account, you agree to receive communications from FamilywalaServices.com regarding:
Requests for payments, bookings, and confirmations.
Information about our services, new features, and updates.
Promotional offers, discounts, or marketing communications from us and our third-party partners.
Any other information related to the services you’ve requested or are utilizing.
You may choose to unsubscribe from marketing or promotional communications at any time by adjusting your communication preferences through your account settings or by contacting our support team. However, please note that certain essential communications related to your account or service bookings may still be sent, as they are necessary for the operation of our services.
(f) Multiple Accounts
You may only maintain one Account per person on FamilywalaServices.com, unless otherwise explicitly agreed upon with us. Any attempt to create multiple accounts using different identities or email addresses for fraudulent purposes will result in the immediate suspension or termination of all associated accounts.
(g) Account Suspension or Termination
FamilywalaServices.com reserves the right to suspend or terminate your Account at its discretion, with or without prior notice, in the event of a violation of these Terms, fraudulent activity, or any other breach of our policies. In the event of account termination, you may lose access to any services or benefits associated with your Account, including but not limited to payments made or pending transactions.
(h) Account Transfer and Inheritance
Your Account is personal to you, and you may not transfer, sell, or assign your Account to any other individual or entity without the prior written consent of FamilywalaServices.com. In the event of your death, your Account may be transferred to your legal heirs or representatives, provided they comply with applicable laws and complete necessary formalities.
(i) Children’s Privacy
FamilywalaServices.com does not knowingly collect personal information from children under the age of 18. If we become aware that we have collected personal information from a child under 18, we will take steps to delete such information as soon as possible. If you are under 18, you should not register for an account or provide any personal information on the Platform.
(j) Account and Service Usage Limitations
By creating an Account, you agree not to use the Platform for any unlawful activities or in any manner that may harm or disrupt the services provided by FamilywalaServices.com. This includes, but is not limited to, spamming, abusive behavior, or any form of illegal activity. We may, at our discretion, restrict access to your Account in the event that we detect any activity that violates these terms.
(k) Account Deletion
You have the right to delete your Account at any time by sending a request to our support team. Upon receiving such a request, we will initiate the process of deleting your Account and associated data within seven working days. However, please note that any transactions or services already in progress will not be affected by the deletion request until they are fully processed. Also, data required for legal, transactional, or operational purposes may be retained in accordance with applicable laws and regulations.
By agreeing to these Terms, you acknowledge and accept the above provisions related to Account creation, management, and responsibilities on FamilywalaServices.com.
3. USER CONTENT
(a) Content Submission and Interaction
Our Platform offers a variety of interactive features or services that allow registered users to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, images, videos, or other content (“User Content”). By submitting any User Content, you acknowledge and agree that such content may be visible to other users of the Platform, and it may be used in connection with providing the Services. You are responsible for ensuring that the content you upload or share is appropriate, accurate, and relevant to the Services provided by FamilywalaServices.com.
In addition, the Platform may allow users to communicate directly with Service Providers or other users through various communication channels such as text messages, chats, or forums. You agree that any communication you engage in through the Platform will follow our community guidelines and be respectful.
(b) Reviews and Feedback
As part of our commitment to providing high-quality services, we value feedback from both customers and Service Providers. We may request reviews from you about Service Providers and encourage you to provide honest, constructive feedback. Similarly, Service Providers may provide reviews about your experience. You agree not to knowingly provide false, misleading, or damaging information in your reviews or comments.
These reviews and feedback help us improve our services and ensure that our community maintains high standards of conduct. If a Service Provider or customer is found to be involved in abusive behaviour, false claims, or other activities that violate our guidelines, we reserve the right to cancel their registration or remove them from the Platform.
All reviews and feedback are subject to our approval and may be used for quality control and customer experience improvement. If we determine, at our sole discretion, that a user’s conduct or reviews violate the spirit of these Terms, we reserve the right to take corrective actions, including removing the user from the Platform.
(c) License Grant
By submitting User Content to FamilywalaServices.com, 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 in connection with the operation of the Services or in any media format, either now known or hereafter developed.
(ii) Use the User Content for marketing, promotional, or advertising purposes related to the Services or for promoting FamilywalaServices.com, including the creation of promotional materials, newsletters, advertisements, and other content to advertise our Platform and services on various channels like websites, social media, and email newsletters.
(iii) Share the User Content for legal purposes in compliance with applicable law, including using it as evidence in legal matters or proceedings before authorities or courts of competent jurisdiction.
This license is granted for purposes of operating and enhancing our Platform and ensuring the continued provision of Services. It remains irrevocable, even if you choose to delete your content from the Platform. You also understand that User Content may be used by FamilywalaServices.com and its partners in promotional materials, including digital and printed media.
(d) Waiver of Moral Rights
By submitting User Content, you expressly waive any claims to moral rights or any other similar rights that may arise in connection with your User Content. This means that you agree that we may modify, adapt, or otherwise use your User Content in any manner we deem necessary, without any further compensation or attribution to you. You also agree that such use of the User Content does not violate any of your rights to privacy or personal identity.
(e) Content Moderation and Removal
You acknowledge that FamilywalaServices.com reserves the right to remove or restrict access to any User Content that violates these Terms. This includes content that:
Is offensive, defamatory, obscene, or abusive;
Promotes illegal activities or violates intellectual property rights;
Contains viruses, malware, or other harmful code that may damage the Platform or disrupt its operations;
Violated the privacy rights of other users or third parties;
Is misleading, false, or infringing on the rights of others.
We reserve the right to take action to protect the integrity of our Platform, including removing content without prior notice to you. If any content posted by you is flagged or reported for violating the Platform’s guidelines, we may investigate the matter and take appropriate action, including temporarily or permanently suspending your account.
(f) Responsibility for User Content
You understand and agree that you are solely responsible for the User Content you post or submit. You warrant that you have the necessary rights, licenses, and permissions to submit such content, and that it does not infringe the intellectual property rights of third parties. FamilywalaServices.com does not assume any responsibility for User Content and does not endorse or guarantee the accuracy of any content provided by users.
You agree that by submitting User Content, you will not:
Submit content that violates the rights of any third party, including copyright, trademark, or privacy rights.
Post content that harasses, threatens, or incites violence against any individual or group.
Post any content that is illegal, unethical, or otherwise violates the laws and regulations applicable to the Platform.
(g) Permission to Use Content in Testimonials and Reviews
By posting User Content on our Platform, you grant FamilywalaServices.com permission to use your testimonials or reviews, which may include your name, photograph, or other identifying information, in connection with promotional efforts to promote the Services. We may feature such testimonials on our website, social media channels, or other promotional materials as part of our marketing strategy.
(h) User-Generated Content in Media Campaigns
In addition to the uses described above, FamilywalaServices.com may use your User Content as part of our advertising campaigns, including TV commercials, print advertisements, and digital ads. You grant us the right to use, modify, and distribute your content for such purposes without additional compensation or consent. We will take reasonable steps to ensure that your content is used respectfully and in line with the Platform’s guidelines.
4. CONSENT TO USE DATA
(a) Collection and Use of Personal Data
By using our Platform and Services, you agree to the collection and processing of your personal data in accordance with the terms set forth in our Privacy Policy. This policy, which can be accessed at https://www.familywalaservices.com/privacy-policy, outlines the specific types of personal data we collect, how we store, process, and share that data, and the security measures we take to safeguard your information. Your personal data may include, but is not limited to, information such as your name, contact details, payment information, IP address, browsing activity, and demographic information.
We collect this data to provide you with personalized and improved services, communicate effectively with you, and ensure the seamless functioning of our Platform. Your data also allows us to perform analytics and offer a more tailored user experience, including the introduction of relevant services, products, and offers.
(b) Sharing Information with Affiliates and Third-Party Service Providers
As part of the services we provide, we may share your personal data with affiliates or trusted third-party service providers who assist in delivering services or providing operational support. These service providers may include payment processors, customer support services, marketing agencies, analytics firms, and other technical service providers.
We only share your personal information with third parties when it is necessary for the performance of the services you have requested, and we ensure that these third parties are contractually bound to maintain the confidentiality and security of your data. Additionally, we may use your data for purposes such as:
Improving the functionality and user experience of the Platform.
Conducting statistical analysis and generating insights to refine our services.
Offering promotions, loyalty programs, or new features tailored to your preferences.
Providing personalized recommendations and offers based on your usage patterns.
By agreeing to these Terms, you consent to the sharing of your personal data with these affiliates and third-party service providers as necessary to deliver our services.
(c) Compliance with Legal Requirements
In certain situations, FamilywalaServices.com may be required to disclose your personal data to comply with legal obligations or government requests. This may include responding to subpoenas, court orders, or requests from law enforcement authorities. You agree that we may disclose your data to relevant authorities, if required by applicable law, in connection with investigations into criminal activity, fraud, or other legal matters.
Additionally, in cases of compliance with applicable laws or regulations, we may also disclose your data for purposes such as:
Responding to legal claims or complaints.
Protecting the rights, property, or safety of FamilywalaServices.com, its users, or others.
Enforcing or applying our Terms and Conditions and Privacy Policy.
Preventing or investigating potential illegal activities, fraud, or security threats.
We will only share data when required or permitted by law and will take reasonable steps to ensure that the disclosure is made in accordance with applicable legal requirements.
(d) Data for Marketing and Promotional Purposes
By using our Platform, you consent to receiving communications from us related to the Services, including promotional offers, updates, newsletters, and other marketing materials. These communications may be sent through various channels, including email, SMS, in-app notifications, or social media.
We may also use your data to conduct targeted advertising, which allows us to deliver more relevant ads to you based on your interests, browsing behaviour, and preferences. If you prefer not to receive such promotional messages, you can opt out at any time by updating your preferences within the Platform or by contacting our support team.
(e) Data Storage and Retention
We take your privacy seriously and are committed to securely storing your personal data. Your data will be retained only for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements. Once your data is no longer required for these purposes, it will be securely deleted from our records.
In addition, we ensure that appropriate security measures are in place to protect your personal data from unauthorized access, use, or disclosure. This includes the use of encryption, secure servers, and regular audits to maintain the integrity of your data.
(f) International Data Transfers
As part of our operations, your personal data may be transferred to countries outside of your jurisdiction, including locations where FamilywalaServices.com or its affiliates, partners, or service providers are based. In such cases, we ensure that your data will be protected by appropriate safeguards, in accordance with applicable data protection laws. By using our services, you consent to such international transfers of your personal data.
(g) Your Rights Over Your Data
You have the right to access, correct, or delete your personal data held by FamilywalaServices.com. You may request a copy of the data we have collected about you, update any inaccuracies, or ask for your information to be deleted in accordance with applicable laws. If you wish to exercise these rights, please contact us through the details provided in our Privacy Policy.
(h) Data Security and Safeguards
We implement appropriate technical, organizational, and physical measures to protect your personal data from unauthorized access, alteration, disclosure, or destruction. This includes the use of encryption, firewalls, and secure data storage protocols to ensure that your data is protected.
We also work with third-party service providers who adhere to strict data protection standards. While we strive to maintain the highest levels of data security, please note that no method of data transmission or storage can be guaranteed 100% secure, and we cannot guarantee absolute security.
(i) Changes to Data Usage and Privacy Practices
We may update or modify our data usage practices and Privacy Policy from time to time. If we make significant changes to how we collect, use, or share your personal data, we will notify you in advance by updating the Privacy Policy and providing an effective notice on the Platform.
You acknowledge that by continuing to use the Platform after any changes to our data usage or Privacy Policy, you consent to those changes.
5. BOOKINGS POLICY
(a) Orders
FamilywalaServices.com enables you to request various Pro Services at a time and location convenient for you, depending on the availability of our Service Professionals. To initiate a booking, you must follow the instructions provided on the Platform and provide relevant details such as service type, time, and location. Once the request is submitted, our system works to find a Service Professional who can meet your needs at the specified time. We understand the importance of scheduling, and thus, we make reasonable efforts to match you with a Service Professional as close to your requested time as possible. However, in the rare event that no professionals are available for your selected time, we will contact you promptly and propose an alternative timeslot. This ensures you are not left without the service you require.
This ensures that users have clear expectations on how the booking process works, setting the right tone of availability and flexibility.
The option for an alternative timeslot when no professionals are available gives users a smooth and customer-friendly experience, especially during high-demand periods.
(b) Confirmation
Once we receive your booking request, we send a confirmation via SMS, email, or a push notification to assure you that your request has been successfully processed. After a Service Professional is confirmed for your service request, we will notify you again via the platform, email, SMS, or push notification. At this point, you are expected to complete the payment as per the terms outlined. Without payment confirmation, the booking will not be confirmed. This ensures that your booking is secure and that the professional’s time is properly scheduled.
The confirmation process ensures both the user and FamilywalaServices.com are aligned on the booking details, preventing misunderstandings.
A payment link directly after confirmation ensures that both parties are clear about financial arrangements upfront.
(c) Cancellations
We understand that sometimes plans change. If you cancel your booking before receiving confirmation, there are no charges. However, once the booking has been confirmed and payment has been made, cancellation fees may apply. The applicable cancellation charges are outlined in our cancellation policy and will vary based on the service type and timing of cancellation. If a booking is cancelled within a specific time frame (e.g., 24 hours before the service), you might incur a partial or full charge for the service.
This policy ensures that FamilywalaServices.com and Service Professionals are protected from last-minute cancellations while providing flexibility for the customers.
The user is made aware of the cancellation policy upfront, which allows them to make informed decisions when booking.
(d) Substitution of Service Professionals
If the Service Professional you’ve booked becomes unavailable for any reason, whether due to illness, scheduling conflicts, or other emergencies, FamilywalaServices.com will assign a substitute professional from our pool of registered Service Professionals. We aim to minimize disruption by quickly notifying you of the change and providing you with an alternative that meets the same qualifications and standards of service. This ensures that your service is not delayed or disrupted.
This policy demonstrates FamilywalaServices.com commitment to seamless service delivery. By providing a substitute professional, we ensure continuity in service even in the event of unexpected situations.
Notifications about changes in the professional assigned offer transparency, allowing customers to make an informed decision about proceeding with the service.
(e) Service Availability
While we strive to provide you with the best service at your preferred time and location, service availability may vary depending on factors like location, peak periods, or service demand. We encourage users to book services well in advance to ensure they get the preferred professional and timeslot. In instances where there is limited availability, we may offer you alternative service times or suggest an available professional who is highly rated and can meet your needs.
Service availability clarity prepares the customer for potential time delays, ensuring they understand why certain services may not be available during busy periods.
Advanced booking options allow customers to lock in preferred times, making it easier to plan ahead for essential services.
(f) Payment for Services
Once your booking is confirmed, you will be required to make a payment for the service as per the amount specified on the Platform. The payment must be completed through the available payment methods. FamilywalaServices.com offers various payment options, including credit/debit cards, online wallets, and other secure payment methods. If payment is not received, the booking will not be confirmed, and the service will not be scheduled. Additionally, the platform may offer payment plans or discounts for bulk or multiple bookings.
Offering various payment options provides flexibility for the user, ensuring they can pay securely via their preferred method.
By ensuring that payment is made prior to confirmation, FamilywalaServices.com secures both the service professional’s time and the customer’s service.
(g) Booking Modifications
If after confirming the booking, you need to modify any aspect of the request (such as the service type, time, or location), you can do so within the allowed modification window. Modifications are subject to availability and may incur additional charges, depending on the nature of the changes requested. In some cases, if changes are requested too close to the original appointment time, they may not be possible, and a cancellation and re-booking may be necessary.
Providing flexibility for users to modify their bookings gives customers more control over their schedules and their service preferences.
Clear communication about modification windows and any additional charges will help manage expectations and avoid confusion.
(h) Booking Limits
In order to ensure that all our customers receive timely and high-quality service, FamilywalaServices.com may impose limits on the number of bookings you can make within a given period. These limits are designed to prevent over-booking and ensure that Service Professionals can devote adequate time to each customer. Users will be notified if they are close to their booking limit, and we will assist with rescheduling or offering alternative options if necessary.
Booking limits ensure fair access to services for all customers, preventing overbooking and ensuring quality service delivery.
This is especially beneficial for customers during busy seasons or high-demand periods.
(i) Emergency or Last-Minute Requests
While we will always do our best to accommodate last-minute or emergency requests, please note that Service Professional availability may be limited during peak times or in specific locations. To ensure you receive the service you need in a timely manner, we recommend making your bookings in advance whenever possible. In case of emergencies, we will do our best to accommodate you, but availability cannot always be guaranteed.
This provides users with a clear understanding of FamilywalaServices.com limitations during peak times, helping them manage expectations.
Promoting early bookings ensures customers understand the importance of planning ahead, especially during busy periods.
By agreeing to these terms and confirming your booking, you acknowledge and accept all points outlined above in our Bookings Policy. We are dedicated to providing a seamless and professional experience and appreciate your trust in FamilywalaServices.com.
6. PRICING, FEES, AND PAYMENT TERMS
(a) Charges for Services
FamilywalaServices.com reserves the right to charge you for the various services you may avail and any other additional features you choose through the Platform. These charges may vary depending on the type of service, location, and time of booking. All charges are clearly outlined at the time of booking, ensuring transparency and clarity for our customers.
This ensures that all charges related to the service are transparent from the outset, so customers are aware of what they will be paying for.
FamilywalaServices.com may also introduce additional charges based on specific service needs, which are communicated upfront.
(b) Charges and Fees for Pro Services
(i) For Pro Services that you request through the Platform, you will be required to pay the Service Professional the amount shown at the time of booking. Additionally, you may be charged for (a) any extra services you opt for, (b) out-of-pocket expenses incurred by the Service Professional, and (c) the costs of goods or materials required to complete the service (“Charges”). Along with the Charges payable to the Service Professionals, FamilywalaServices.com may also charge you a convenience fee for facilitating the booking process and transferring payments to the Service Professional (this fee is referred to as “Fees”).
(ii) Payment Methods and Flexibility
The Charges and Fees will be made known to you at the time of booking, and you will be able to pay through various methods including credit/debit cards, net banking, wallets, UPI, or cash after completion of the service. In some cases, cash payments may not be available. Additionally, FamilywalaServices.com reserves the right to modify the payment methods offered to you, based on system changes or policy updates.
(iii) Advance Payment
For services exceeding ₹1000, an advance of 50% of the total amount is required at the time of booking. The remaining balance will be due upon service completion. This ensures that both you and the Service Professional are committed to the booking, minimizing cancellations and ensuring smooth transactions.
(iv) Payment Collection and Transfer
It is important to note that the Charges are paid directly to the Service Professional. FamilywalaServices.com acts as a limited collection agent on behalf of the Service Professionals to facilitate payment transfers, ensuring the process is secure and efficient.
(v) Taxes
All Charges and Fees are inclusive of applicable taxes. You will not incur any additional taxes beyond the amount outlined at the time of booking unless specified otherwise.
(vi) Amendments to Charges and Fees
FamilywalaServices.com reserves the right to reasonably amend the Charges and Fees at any time. However, any changes to the fees will not impact bookings that have already been confirmed prior to the change being implemented. This ensures that all confirmed bookings remain unaffected by any future changes.
(vii) Non-Refundable Charges
Charges and Fees paid are generally final and non-refundable unless otherwise determined by FamilywalaServices.com or required by applicable law. In certain circumstances, such as a failure to provide services as agreed upon, you may be entitled to a refund, which will be processed in accordance with our refund policy.
(viii) High-Demand Pricing
Charges and Fees may increase during times of high demand, such as holidays or peak seasons. FamilywalaServices.com will make reasonable efforts to inform you of any price adjustments that may apply. However, by using the services, you accept responsibility for the Charges and Fees incurred, regardless of whether you were aware of these changes.
This section clarifies that service costs can fluctuate based on demand, and customers are expected to pay accordingly, ensuring that FamilywalaServices.com can maintain service availability.
The flexibility in payment methods gives customers options based on their preferences.
(c) Payment Processors
FamilywalaServices.com may engage third-party payment processors (“Payment Processor”) to handle billing. The processing of payments will be governed by the terms and policies of the Payment Processor in addition to these Terms. We are not liable for any errors made by the Payment Processor. In the case of unsuccessful payments, any money debited will be credited back to you as per the Payment Processor’s terms.
By using third-party payment processors, FamilywalaServices.com ensures that payment processing is handled securely and efficiently, reducing the burden on our internal systems.
This clause also assures customers that their financial data will be handled by trusted payment processors.
(d) Cancellations
You can cancel your booking before 3 hours before the Service Professional arrives in the event. FamilywalaServices.com may charge a cancellation fee according to our cancellation policy. The applicable cancellation fees will be deducted, and any remaining balance, if applicable, will be refunded as per our policy.
This policy provides flexibility for customers who may need to cancel, while also ensuring that Service Professionals are compensated for their time and efforts.
Clear guidelines around cancellation fees ensure that customers are not caught off guard.
(e) Subscriptions
From time to time, FamilywalaServices.com may offer subscription packages (under different names) for a fixed fee. These packages may provide additional benefits, such as discounts on Pro Services or priority booking. Each subscription package is subject to specific terms and conditions, which will be outlined at the time of purchase.
Subscription packages are designed to offer value to regular customers and may include discounts or other perks that enhance the service experience.
Offering subscription options ensures that customers who frequently use services can benefit from more cost-effective solutions.
(f) Tipping and Gratuity
FamilywalaServices.com does not designate any portion of your payment as a tip or gratuity for the Service Professional. Any suggestion that tipping is voluntary or included in the payments is solely for informational purposes and is not meant to imply that FamilywalaServices.com provides additional payments to Service Professionals. You are under no obligation to provide a tip, but you may do so voluntarily as a token of appreciation for exceptional service.
This section clarifies that FamilywalaServices.com ensures the service fees are separate from any gratuity, and customers are free to tip if they are satisfied with the service.
By ensuring gratuity is voluntary, it empowers customers to reward professionals based on their satisfaction.
By agreeing to these terms, you acknowledge and accept all the points outlined in our Pricing, Fees, and Payment Terms policy. FamilywalaServices.com is committed to offering transparent, secure, and reliable service while providing the best experience possible.
7. CUSTOMER CONDUCT POLICY
At FamilywalaServices.com, we are committed to maintaining a safe, respectful, and professional environment for both customers and Service Professionals. Our aim is to foster positive interactions and ensure that both parties have a satisfactory experience. The following outlines the conduct expectations for customers both when visiting a Service Provider’s premises and when a Service Provider is visiting your location.
(a) Non-Discrimination and Respect
FamilywalaServices.com prohibits any form of discrimination against Service Professionals, including but not limited to race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Discrimination also includes any refusal to accept Pro Services based on any of these characteristics.
We believe in equal treatment for all individuals, and expect our customers to uphold these values.
Discriminatory behaviour will not be tolerated and may result in restrictions on your ability to access the platform.
(b) Respectful Treatment of Service Professionals
We request that you treat all Service Professionals with courtesy, respect, and dignity. When a Service Professional visits your location, it is important that you provide them with a safe, clean, and appropriate space to perform their duties. If a Service Professional feels that the environment is unsafe or unsuitable, or if you exhibit any form of discourtesy, disrespect, or inappropriate behaviour, they have the right to refuse the service.
You are expected to maintain a positive and respectful attitude towards the Service Professional.
Service Professionals are entitled to work in an environment that allows them to perform their tasks effectively. If this is not provided, they can choose not to carry out the service.
(c) Liability for Safe and Suitable Environment
You agree that you will be fully responsible for providing the Service Professional with a safe, clean, and appropriate location where they can perform their services. Failure to provide such an environment may result in the cancellation of the service without a refund. Additionally, if there are any conditions at your premises that could negatively impact the Service Professional’s health, safety, or well-being, you are required to disclose this information to both FamilywalaServices.com and the Service Professional before the service begins.
This includes ensuring that your premises are free from hazards, clutter, or anything that may pose a risk to the Service Professional’s safety.
You should also inform the Service Professional about any potential risks or special conditions (e.g., pets, allergies, etc.) before the service begins to avoid complications.
(d) Reporting Inappropriate Behaviour by Service Professionals
In the event that a Service Professional exhibits behaviour that is discourteous, disrespectful, abusive, or in violation of the law, you are required to report such incidents immediately to our grievance officer at grievanceofficer@familywalaservices.com. This report should be submitted within 48 hours of the incident.
We take any inappropriate behaviour seriously and aim to address it promptly. By reporting such incidents, you help us maintain a professional and respectful environment for all parties involved.
The report should include a detailed description of the incident to ensure appropriate action can be taken.
Consequences of Violating Conduct Expectations
Failure to adhere to these conduct expectations may result in the following actions at Familywalaservices.com discretion:
Cancellation of your booking
Suspension or termination of your account
Restriction from accessing Pro Services in the future
Reporting to relevant authorities if necessary
We have a zero-tolerance policy for abusive or discriminatory behaviour, and will take action to protect both our Service Professionals and customers.
It is important to understand that your behaviour can impact your future interactions with our platform.
By agreeing to these terms, you acknowledge and accept the responsibilities outlined in this Customer Conduct Policy and commit to providing a safe, respectful, and appropriate environment for all parties involved.
8. THIRD PARTY SERVICES
(a) Inclusion of Third-Party Services
FamilywalaServices.com may provide access to services, content, documents, and information that are owned by, licensed to, or otherwise made available by third parties (“Third Party Services”). These Third-Party Services may also include links to external websites or platforms operated by third parties. You acknowledge that these Third-Party Services are provided solely by the respective third parties and are not under the control or responsibility of FamilywalaServices.com. Your use of any Third-Party Services is at your own risk and discretion.
FamilywalaServices.com does not own or control the content or services provided by third parties and is not responsible for their availability, quality, or performance.
Accessing or using Third Party Services is entirely your decision and you assume full responsibility for any consequences arising from their use.
(b) Disclaimer of Warranties and Liabilities
FamilywalaServices.com makes no representations, warranties, or guarantees regarding the accuracy, completeness, or reliability of any Third-Party Services, including but not limited to the content, services, or products offered by third parties. We expressly exclude all liability arising out of or relating to your use of Third-Party Services, including any damages or losses caused by their actions or omissions.
FamilywalaServices.com does not verify or endorse the content provided by third parties and does not guarantee that these services will meet your expectations or needs.
You are solely responsible for reviewing and agreeing to the terms and conditions, including privacy policies, of any third parties providing such services.
(c) Intellectual Property Rights
All intellectual property rights related to the Third-Party Services, including trademarks, logos, copyrights, and other proprietary rights, are owned by the respective third parties providing these services. FamilywalaServices.com does not claim ownership of any intellectual property associated with Third Party Services.
When engaging with Third Party Services, you acknowledge that the intellectual property rights and associated usage rules are governed by the third parties and not by FamilywalaServices.com.
You should respect the intellectual property rights of third parties and follow their guidelines when using their services.
By using Third Party Services through the FamilywalaServices.com platform, you agree to do so at your own risk and acknowledge that FamilywalaServices.com is not responsible for any outcomes related to those services.
9. YOUR RESPONSIBILITIES
(a) Accuracy of Information
You represent and warrant that all the information you provide in relation to the Services and Pro Services is complete, true, and accurate at the time of agreeing to these Terms and shall remain true and correct throughout the period of availing the Services and/or Pro Services. In case of any change in the information you have provided, you agree to notify FamilywalaServices.com immediately. We disclaim any liability for loss or damage that may occur due to any incorrect, incomplete, inaccurate, or misleading information, or if you fail to disclose any material fact required for the provision of Services.
It is crucial to provide accurate and complete details when booking services or interacting with the platform to ensure a smooth service experience. If there are any changes, it is your responsibility to keep us updated to avoid issues during service delivery.
(b) Cooperation in Legal and Dispute Proceedings
You agree to extend all reasonable cooperation to FamilywalaServices.com in any legal proceedings or disputes that may arise due to a breach of your obligations under these Terms.
If legal issues arise, you must assist FamilywalaServices.com in defending itself in case of any violations that may occur as a result of your actions. Your cooperation is necessary to resolve any conflicts effectively.
(c) Ownership and Responsibility of User Content
You represent and warrant that:
(i) You own all intellectual property rights (or have obtained necessary permissions) for any User Content you provide and the licenses granted under these Terms.
(ii) You are solely responsible for all activities on your account and the User Content you share on the Platform.
(iii) The User Content you provide does not violate any of your contractual obligations with others.
(iv) The User Content does not infringe or misappropriate any third-party intellectual property rights, including privacy rights.
(v) The User Content does not contain harmful viruses or disruptive files.
(vi) The User Content respects all third-party rights.
(vii) The User Content is free from any content that is harmful, offensive, discriminatory, unlawful, or otherwise violates public policy or applicable laws.
By providing content to the platform, you take full responsibility for ensuring that it is legal, non-offensive, and does not violate any rights. You also need to ensure that you have the proper rights to use and share any content provided.
(d) Prohibited Activities
You agree not to engage in any of the following activities:
(i) Infringe any proprietary rights, including copyrights, patents, trademarks, or trade secrets of others.
(ii) Copy, display, distribute, modify, or create derivative works from the Services, except as permitted.
(iii) Upload, transmit, or send any viruses or malicious software that could harm the platform.
(iv) Use automated tools like robots or spiders to scrape content or monitor the platform.
(v) Retrieve content systematically to create or compile databases.
(vi) Use the platform for unlawful, fraudulent, or malicious purposes.
(vii) Reverse engineer, decompile, or disassemble the Services.
(viii) Link, mirror, or frame any part of the Services without permission.
(ix) Violate any applicable laws.
These restrictions ensure that the platform remains secure, functional, and protected from misuse. You should not engage in any activities that could harm the platform’s infrastructure, intellectual property, or other users.
(e) Disruption or Interference
You warrant that you will not engage in any activity that interferes with or disrupts the Services provided by FamilywalaServices.com.
It is your responsibility to avoid actions that may cause any disruption, technical failures, or interruptions to the services provided. Disruption can harm both you and other users.
(f) Unauthorized Access
You shall not attempt to gain unauthorized access to any portion of the Services or any networks connected to the platform, including FamilywalaServices.com servers, by any illegitimate means, including hacking or password mining.
Unauthorized access is a serious violation of security protocols and can lead to severe consequences. Always ensure that you follow lawful and authorized means to access the platform.
(g) Solicitation of Service Professionals
You agree that you will not, directly or indirectly, solicit, attempt to influence, or engage a Service Professional you have previously availed services from to terminate their relationship with FamilywalaServices.com or provide services outside of the platform.
This clause ensures that the Service Professionals are protected from potential exploitation or harassment. It maintains the integrity of the platform and guarantees that users book services through proper channels, rather than bypassing the platform.
By agreeing to these Terms, you accept the responsibilities outlined above and acknowledge that failure to adhere to these guidelines could result in suspension or termination of access to the Services.
10. OUR INTELLECTUAL PROPERTY
(a) Ownership of Intellectual Property
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 Familywala Eshop Pvt Ltd. Subject to your 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 any written instructions provided by us from time to time. Any rights not expressly granted herein are reserved by FamilywalaServices.com or its licensors.
This section emphasizes that FamilywalaServices.com holds the exclusive ownership rights to the platform, its services, and any intellectual property (such as logos, trademarks, designs, code, content, and features) related to the platform. When you use the platform or its services, you are not becoming the owner of any of this intellectual property. Instead, FamilywalaServices.com is granting you a limited, temporary permission to use the platform, but this permission is subject to certain rules. These rules include compliance with the platform’s Terms and following any specific instructions that FamilywalaServices.com provides.
Non-exclusive means that you do not have exclusive rights to use the services; FamilywalaServices.com can allow others to use it as well.
Non-transferable means that you cannot give your rights to use the platform to someone else.
Non-sublicensable means that you cannot grant anyone else permission to use the platform.
Revocable means that FamilywalaServices.com can take back the license at any time.
Limited means your use is restricted to the conditions outlined in the Terms.
This ensures that while you have access to the services, FamilywalaServices.com maintains full control over its intellectual property.
(b) Feedback
We may occasionally request you to submit suggestions, feedback, bug reports, or other comments relating to the Services (“Feedback”). By providing Feedback, you agree that FamilywalaServices.com has the right to freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any obligation to pay royalties, provide acknowledgement, or seek prior consent from you. This applies regardless of your intellectual property rights.
FamilywalaServices.com encourages users to provide feedback to help improve the platform. This could include suggestions, bug reports, or general comments. By submitting any feedback, you are agreeing that FamilywalaServices.com has full rights to use it in any way they see fit, without compensating you or asking for your permission. Essentially, FamilywalaServices.com owns the right to use, modify, or distribute your feedback to improve its services. This is a way for FamilywalaServices.com to continuously enhance its platform based on user input without any legal or financial obligations to the user who provided the feedback.
No obligation to pay royalties means you won’t be compensated for any ideas or suggestions you provide.
No obligation for acknowledgment means FamilywalaServices.com does not have to mention your name or give you credit for your feedback.
Exploit the feedback means FamilywalaServices.com can freely use the feedback to improve the services, develop new features, or share it with third parties.
(c) No Transfer of Intellectual Property Rights
Except as expressly stated in these Terms, nothing in these Terms should be construed as granting you any rights or license to use our intellectual property or the intellectual property of any third party.
This clause clarifies that by agreeing to these Terms, you are not automatically granted any ownership or usage rights to the intellectual property of FamilywalaServices.com or any third party that may be involved in the platform. In other words, unless explicitly stated elsewhere in the Terms, you do not have permission to use FamilywalaServices.com intellectual property (such as its logo, brand name, proprietary code, or designs) for any purpose other than what is permitted through the normal use of the platform. This prevents users from using FamilywalaServices.com assets without permission, which could include things like copying, distributing, or modifying content or branding.
No rights or license means that unless it’s clearly stated, you don’t get permission to use any intellectual property.
Third-party intellectual property means the platform may also feature third-party intellectual property, and those rights are also protected and can’t be used without permission.
This section is essential to protect the legal ownership and control that FamilywalaServices.com has over its brand, services, and other intellectual properties, as well as to ensure that the users respect those boundaries.
11. TERM AND TERMINATION
(a) Duration of Terms
These Terms shall remain in effect unless terminated in accordance with the provisions outlined below. By continuing to use the Services, you acknowledge and accept that these Terms apply throughout your engagement with FamilywalaServices.com.
(b) Termination or Restriction of Access
We reserve the right to restrict, deactivate, or terminate your access to the Services, or any part of them, under the following circumstances:
(i) Immediate Action:
If you violate or breach any obligations, responsibilities, or covenants under these Terms,
If you cease to be a user of our Services,
If you fail to qualify under applicable law, or are likely not to qualify to access and use the Services under the standards and policies of FamilywalaServices.com or its affiliates,
If you violate or breach the Community Guidelines.
(ii) Termination with Notice:
Upon 30 (thirty) days’ prior written notice to you, we may restrict or deactivate your access to the Services.
(iii) Immediate Termination for Business, Legal, or Regulatory Reasons:
We may immediately restrict or deactivate your access to the Services in the event of legitimate business, legal, or regulatory reasons. This includes, but is not limited to, non-compliance with laws or regulations, or any action that could harm the business or legal standing of FamilywalaServices.com.
(c) Your Right to Terminate
You may terminate these Terms at any time, for any reason, by sending a notice to FamilywalaServices.com at privacy@familywalaservices.com. Termination will be effective upon our receipt of your notice, and we will take steps to deactivate your account and access to the Services. However, you will remain liable for any activities or payments incurred before the termination.
(d) Consequences of Termination
Upon termination of these Terms:
(i) Account Deactivation:
Your Account will expire and be deactivated, meaning you will no longer be able to access any Services.
(ii) Service Time-out:
Your access to the Services will “time-out” and will no longer be available. This includes services you have booked or planned to avail of.
(iii) Survival of Certain Clauses:
These Terms will terminate except for those clauses that are expressly or by implication intended to survive termination or expiry, such as clauses related to liability, indemnification, intellectual property, and dispute resolution. These clauses will remain in full force even after the termination of the agreement.
(e) Suspension of Services
In addition to termination, we may temporarily suspend your access to the Services if we believe you have violated these Terms, the Community Guidelines, or applicable laws. Suspended access will remain in effect until we resolve the matter, which could involve additional actions to ensure compliance with these Terms.
(f) Refunds and Payments Due
Upon termination, any payments due for services rendered before the termination will be collected. However, any prepaid amounts for services that are not yet provided may be refunded at our discretion, subject to our cancellation and refund policy.
(g) Data Retention and Deletion
In accordance with our Privacy Policy, upon termination of your account, we will retain certain data for legal or business purposes, including transaction history and other required records. Upon your request, we will take reasonable steps to delete your personal data from our systems, except for data we are required to retain for legal, regulatory, or accounting purposes.
(h) No Liability Upon Termination
FamilywalaServices.com will not be held liable for any damages or losses resulting from the termination of your account or the restriction of your access to the Services, whether such termination is voluntary or involuntary. You agree that you are solely responsible for securing any backup of your data before termination.
(i) Reinstatement of Account
In certain cases, if your account was terminated or deactivated due to a violation of these Terms, you may request to have your account reinstated. However, reinstatement will be at the sole discretion of FamilywalaServices.com, and we may impose certain conditions or restrictions before restoring access.
Explanation of New Points:
(e) Suspension of Services:
This point allows FamilywalaServices.com to temporarily suspend a user’s access if they are found to be violating any terms, instead of immediately terminating the account. This gives users a chance to resolve the issue before permanent deactivation.
(f) Refunds and Payments Due:
In the event of termination, this section clarifies how payments will be handled. It ensures that FamilywalaServices.com can still collect payments for services that have been rendered and sets the expectation around refunds for services not yet provided.
(g) Data Retention and Deletion:
This point ensures that data is handled responsibly after the account is terminated, addressing both the retention of data for legal or business reasons and users’ rights to request deletion of personal information.
(h) No Liability Upon Termination:
FamilywalaServices.com is not responsible for any losses a user may face as a result of account termination. This includes any data or services that may be inaccessible post-termination, shifting responsibility to the user.
(i) Reinstatement of Account:
This provides an avenue for users to appeal a termination decision. However, it is clearly stated that reinstatement is not guaranteed and will depend on the circumstances of the termination.
12. DISCLAIMERS AND WARRANTIES
(a) No Warranties
The Services provided on FamilywalaServices.com are offered on an “as is” basis without any 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. We make no guarantee that the Services will meet your specific requirements or expectations.
Explanation:
FamilywalaServices.com does not guarantee the functionality or quality of the platform or services provided through it. Users should be aware that the platform is provided “as is” and the Company makes no promises regarding its performance.
(b) No Creation of Warranty
No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms.
Explanation:
Any information provided by FamilywalaServices.com, whether via customer support, marketing materials, or communications, does not form part of any legally binding warranty.
(c) Accuracy of Information
While FamilywalaServices.com strives to provide accurate details about the Service Professionals (Pro Services) and associated charges, pricing errors may occur from time to time.
Explanation:
We attempt to provide accurate pricing and details about services offered, but errors may occasionally happen. These do not imply that FamilywalaServices.com is responsible for such discrepancies.
(d) Our Role as a Platform
FamilywalaServices.com is a platform that connects users with Service Professionals. We are not liable for fulfilling bookings or for the performance of services provided by Service Professionals, including any damage they may cause to property. By booking services through the platform, you enter into a contract directly with the relevant Service Professional. FamilywalaServices.com disclaims all responsibility, liability, and guarantees concerning the performance of services under that contract.
Explanation:
FamilywalaServices.com is a facilitator, not a service provider. The platform connects customers with professionals, and any issues related to service performance should be addressed directly with the service provider.
(e) Independent Service Provision
You acknowledge that soliciting or receiving services directly from any Service Professional, outside of the platform, is at your own risk. In such cases, you waive any rights you may have under these Terms.
Explanation:
If users choose to engage with Service Professionals independently, outside the platform, FamilywalaServices.com is not responsible for the outcomes, and users waive their rights regarding platform protections.
(f) No Guarantee of Service Quality
FamilywalaServices.com does not guarantee or warrant the reliability, quality, or suitability of any Service Professional listed on the platform.
Explanation:
The platform cannot guarantee that all professionals meet the same standards. Users are encouraged to assess service providers based on their own judgment.
(g) Acceptance of Responsibility
You accept full responsibility for any consequences that arise from your use of the Services or the Pro Services. You agree that FamilywalaServices.com will have no liability in connection with these consequences.
Explanation:
By using the platform, users take full responsibility for their decisions and any consequences that result from the services received.
(h) Complaints Management
FamilywalaServices.com will maintain a complaints management framework and manage it on behalf of the Service Professionals in a reasonable manner, in compliance with applicable laws.
Explanation:
While FamilywalaServices.com ensures a fair complaints management system, it is important to note that the platform is not responsible for the actual service delivery. Complaints will be handled according to legal guidelines.
(i) Limitation of Liability
To the fullest extent permissible by law, FamilywalaServices.com, its affiliates, and related parties disclaim all liability for any loss or damage arising from:
(i) Your use or inability to use the Services or the Pro Services;
(ii) Any defects, interruptions, delays, or failures in the operation or transmission of information to/from the Services, including unauthorized access or destruction of data;
(iii) Failure of the Services to remain operational for any time;
(iv) Loss of User Content or other data in connection with your use of the Services.
Explanation:
FamilywalaServices.com and its affiliates are not liable for operational failures, unauthorized access, or data loss while using the platform.
(j) Limitation of Damages
In no event shall FamilywalaServices.com, its officers, directors, employees, contractors, agents, licensors, partners, or suppliers be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, lost business opportunities, lost revenues, or any other form of loss or damage (whether pecuniary or non-pecuniary). This applies even if FamilywalaServices.com was advised of the possibility of such damages.
Explanation:
This limits FamilywalaServices.com liability, including any damages from loss of business or data, even if the company was aware of potential risks.
(k) Limitations on Total Liability
To the maximum extent permitted by law, our total liability will 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 exceed INR 10,000 (Rupees Ten Thousand).
Explanation:
This limits FamilywalaServices.com total liability to a specified amount, ensuring that the platform cannot be held liable for large claims beyond the amount it earns from any specific transaction.
(l) Exclusion of Implied Warranties
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Explanation:
This ensures that no limitation of liability applies in cases where it would be against the law to do so, protecting users’ statutory rights.
Key Points:
FamilywalaServices.com provides services “as is” without warranties.
The platform does not guarantee the performance or quality of services offered by Service Professionals.
FamilywalaServices.com is not responsible for any damages or issues that arise from using or not being able to use the Services.
Users assume full responsibility for the consequences of using the platform and services.
In the event of any issues, FamilywalaServices.com will provide a reasonable complaints management framework.
The platform’s liability is limited to the amount of commission it receives from a specific booking, with a cap of INR 10,000.
This section is designed to protect FamilywalaServices.com from excessive liability and ensure users understand their responsibilities when using the platform.
13. INDEMNITY
You agree to indemnify, defend (at our sole discretion), and hold harmless FamilywalaServices.com, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and representatives, from and against any and all claims, demands, suits, legal proceedings, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and settlement amounts), arising out of or related to:
Your access to, use of, or reliance upon the Services or Pro Services;
Your violation or alleged violation of these Terms;
Any infringement or misappropriation of third-party rights, including intellectual property rights, by you or by any third party using your Account;
Any breach of applicable laws, regulations, or third-party rights resulting from your actions or omissions.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defence’s. Your indemnification obligations will survive the termination of these Terms and your use of the Services.
14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by, interpreted, and enforced in accordance with the laws of India. Subject to the provisions for dispute resolution set forth below, the courts of Jabalpur, Madhya Pradesh shall have exclusive jurisdiction over any disputes, claims, or matters arising from or related to these Terms, the Services, or your use of FamilywalaServices.com.
(b) Any disputes, controversies, or differences arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be resolved through final and binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration proceedings shall be conducted in Jabalpur, Madhya Pradesh, India.
The arbitration tribunal shall consist of a sole arbitrator who shall be appointed by FamilywalaServices.com at its sole discretion.
The language of arbitration shall be English.
The arbitration proceedings, including any documents, submissions, and awards, shall be kept strictly confidential by all parties, except where disclosure is required by law or for enforcement of the arbitration award.
The decision and award of the arbitrator shall be final, conclusive, and binding on all parties involved.
Each party shall bear its own legal fees and costs arising from such arbitration unless the arbitrator directs otherwise.
By using the Services of FamilywalaServices.com, you agree to the above jurisdiction and dispute resolution mechanism.
15. GRIEVANCE REDRESSAL
(a) We are committed to addressing your concerns quickly and efficiently. If you have any complaints, concerns, or queries relating to the Services provided on FamilywalaServices.com or regarding these Terms, you may reach out to our designated Grievance Redressal Officer through registered post or email at the following details:
Name: Priya Sharma
Designation: Manager – Customer Support and Grievance Redressal
Email Address: grievance@familywalaservices.com
Address: Familywala eShop Pvt. Ltd., Near Wright Town, Jabalpur, Madhya Pradesh – 482002, India
(b) Upon receipt of your complaint, we shall acknowledge it and ensure that it is addressed and resolved within the timeframes prescribed under applicable Indian laws, including but not limited to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
(c) You agree to provide all relevant information when submitting a grievance, including your name, contact information, description of the complaint, and supporting documents (if any), to enable us to process your grievance effectively.
16. MISCELLANEOUS PROVISIONS
(a) Changes to Terms:
These 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 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) Assignment:
You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any third party without any prior notice to you.
(e) Notices:
All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to legal@familywalaservices.com.
(f) Third Party Rights:
No third party shall have any rights to enforce any terms contained herein.
(g) 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.
(h) Entire Agreement:
These Terms, along with the Privacy Policy and any other legal notices published by FamilywalaServices.com, constitute the entire agreement between you and us concerning the Services. They supersede any prior agreements, communications, or understandings, whether oral or written, relating to such subject matter.
(i) No Waiver:
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce it. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of FamilywalaServices.com.
(j) Relationship of Parties:
Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
(k) Headings:
Headings used in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms.
(l) Survival:
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
(m) Interpretation:
In these Terms, unless the context otherwise requires:
Words denoting the singular shall include the plural and vice versa.
Words denoting any gender shall include all genders.
(n) Feedback and Suggestions:
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Feedback”) provided by you to us with respect to the Services shall remain the sole and exclusive property of FamilywalaServices.com. We shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose without any acknowledgment or compensation to you.