(A) These terms and conditions (“Terms”) govern the use of services made available on or through oglamapp.com and/or the SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED mobile app (collectively, the “Platform” and together with the services made available on or through the Platform, “Services”). These Terms also include our 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, the Supplemental Terms will prevail.
(B) The Terms constitute a binding and enforceable legal contract between SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED (a company incorporated under the Companies Act, 2013 with its registered address at Unit No. 08, Ground Floor, Rectangle 1, D4, Saket District Centre, New Delhi 110017 Delhi, India and its corporate office at 7th Floor, Plot no. 183, Goworks Towers, Rajiv Nagar, Udyog Vihar, Phase 2, Sector 20, Gurgaon 122016, formerly known as SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED.) and its affiliates (“SYS CAN”, “we”, “us”, or “our”), and you, an independent third-party service provider (“you” or “Service Professional”). By using the Services, you represent and warrant that you have the full legal capacity and authority to agree 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.
(C) For your ease of reference, we may publish or provide you with a copy of the Terms in languages other than English. However, if there is any discrepancy in the language or meaning between the Terms drafted in English and a copy of the Terms in a language other than English, the Terms drafted in English shall prevail.
(D) 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.
NOTE: If you are a Service Professional who offers Pro Services under the Salons, Spas and Beauty categories, these terms and conditions will not apply to you. The terms and conditions applicable to Service Professionals offering Pro Services under the Salons, Spas and Beauty category are as set out under Annexure A and Annexure B respectively.
(a) The Services include the provision of the Platform that enables you to provide different services to customers registered on the Platform (“Oglam App”). As a part of the Services, SYS CAN TECHNOLOGIES (i) assists you with determining amounts payable by Customers to you for the services you render, (ii) facilitates the maximum and efficient utilisation of your time while you use the Services, (iii) takes measures to maximise your earning potential through your use of the Services, and (iv) facilitates the transfer of payments from Customers to you for the services you render to the Customers and collect payments on your behalf. The Services are made available under various brands owned by or otherwise licensed to SYS CAN TECHNOLOGIES or its affiliates.
(b) The services rendered by you are referred to as “Pro Services”. Our “Services” do not include the Pro Services, and SYS CAN TECHNOLOGIES is not responsible for the provision of Pro Services. SYS CAN TECHNOLOGIES and its affiliates do not employ you or any other Service Professional, nor are Service Professionals the agents, contractors, or partners of SYS CAN TECHNOLOGIES or its affiliates. Service Professionals do not have the ability to bind or represent SYS CAN.. You are solely liable and responsible for the Pro Services that you offer or otherwise provide through the Platform.
(c) The Platform is solely for your commercial use and is intended for use only within India.
A key part of the Services is SYS CAN’s ability to send you text messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting SYS CAN TECHNOLOGIES at connect@oglamapp.com, you agree and acknowledge that this may impact SYS CAN’s ability to provide the Services (or a part of the Services) to you.
(d) Prior to the activation of your ability to use certain parts of the Services and provide Pro Services through the Platform, you are required to attend an orientation programme at your local SYS CAN TECHNOLOGIES office to enable you to understand amongst other matters (i) how the Platform works, and (ii) means and ways to maximise your earning potential on the Platform. You hereby agree to attend such orientation programme(s).
SYS CAN TECHNOLOGIES reserves the right to charge a certain non-refundable fee if implemented towards your orientation/ onboarding onto the platform at its sole discretion, for certain Pro Services which will be intimated to you in advance. And such fee will be recovered from you in installments from your earnings after you join the platform.
(e) Further, you hereby agree that certain consumable products will be used in the course of the orientation programme, the cost of which shall be entirely borne by you. If you fail to meet the standards prescribed to join the Platform, any costs incurred by you towards the purchase of such consumable products will not be refunded.
(a) To avail the Services and provide the Pro Services through the Platform, you will be required to create an account on the Platform (“Oglam Partner App”). In addition to setting up a username and password for your Account, you will be required to furnish certain details and documents, including but not limited to your name, phone number, address, age, valid government issued identification, trade licences, and government approvals that permit you to offer Pro Services under applicable law. To create an Account, you must be at least 18 (Eighteen) years of age. At the time of Account creation, you may be required to make a security deposit of certain amounts if implemented depending on your category of Pro Services, and SYS CAN TECHNOLOGIES will refund this amount to you (subject to the deduction of any amounts that you owe SYS CAN TECHNOLOGIES within 14 (Fourteen) days of the termination of these Terms.
(b) You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
(c) You agree that Oglam, through third parties, may undertake your background verification, at your sole cost, to fulfil due diligence and safety obligations prior to the approval of your Account on the Platform, activating your access to the Services, and permitting you to provide Pro Services through the Services. In addition, SYS CAN, through third parties may, at its sole discretion, at your sole cost, undertake such background verification from time to time thereafter. If you are registered on the Platform prior to the completion of the background verification, your registration on the Platform shall be contingent on your background verification report meeting SYS CAN’s standards (as SYS CAN TECHNOLOGIES may determine in accordance with applicable laws and its internal policies). You agree that your ability to use the Services and offer Pro Services through the Platform shall at all times be subject to your background verification reporting meeting SYS CAN’s standards. For the avoidance of doubt, SYS CAN TECHNOLOGIES takes commercially reasonable efforts to undertake background verifications of Service Professionals and is not responsible or liable for ensuring the safety, security, or welfare of the Services Professionals or the Customers.
(d) You may only own, operate, and possess one Account. If SYS CAN TECHNOLOGIES discovers or determines that you possess more than one Account, it will have the right to revoke, without notice, your access to the Platform and the Services.
(e) You are solely responsible for maintaining the security and confidentiality of your password and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account. You further agree that no person other than yourself has the right to access your Account and you will not share your login credentials with any other person. If SYS CAN TECHNOLOGIES reasonably determines that you have shared your login credentials with another person or allowed another person to access and use your Account, it may suspend or terminate your access and use of the Services without notice to you.
(f) You are liable and accountable for all activities that take place through your Account. We shall not be liable for any unauthorised access to your Account.
(g) You agree to receive communications from us regarding (i) information about us and the Services, (ii) promotional offers and services from us and our third party partners, and (iii) any other matter in relation to the Services.
3.BOOKINGS AND CREDITS
(a) The Platform permits you to accept bookings for the Pro Services you offer based on your availability (“Bookings”).
(b) Ranking of Service Professionals: Your ranking on the Platform is based on the following factors in descending order of importance:
(i) Your ratings on the Platform;
(ii) Your location; and
(iii) The number of Bookings you have already accepted.
(c) Oglam Credits and Pre-Deposits: not required
(d) Promotions, and Subscription Packages: Not required
(e) Performance Based Schemes: Not Required
(f) SYS CAN TECHNOLOGIES reserves the right to withhold or deduct SYS CAN TECHNOLOGIES Credits or Promo SYS CAN TECHNOLOGIES Credits in the event that SYS CAN TECHNOLOGIES reasonably determines or believes that the use of the SYS CAN TECHNOLOGIES Credits or Promo SYS CAN TECHNOLOGIES Credits was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
(a) Helpers or Assistants: You agree and acknowledge that:
(i) You may not engage another person to assist you in the provision of the Pro Services (“Helper”) unless expressly permitted by SYS CAN. You shall be solely liable for all acts and omissions made by the Helper you have engaged. The following terms apply if you choose to appoint a Helper:
(A) you must provide Pro Services in a category where the engagement of Helpers is permitted by SYS CAN;
(B) the Helper must be registered on the Platform in their capacity as your Helper. In this regard, SYS CAN TECHNOLOGIES shall have the right to demand for documentation governing the applicant’s birth, residency, and any other documents or information that SYS CAN TECHNOLOGIES may deem necessary. SYS CAN TECHNOLOGIES further reserves the right to carry out a background verification of the Helper, the cost of which verification shall be borne by you;
(C) the Helper is at least 18 (Eighteen) years of age at the time of registration on the Platform;
(D) for safety purposes, the Helper must be of the same biological sex as you;
(E) the Helper must be legally permitted to assist you in the provision of Services to the Customers; and
(F) such other terms and conditions prescribed by SYS CAN TECHNOLOGIES from time to time.
(ii) Unless specified otherwise, you may not use more than 1 (One) Helper while providing a Pro Service to a Customer.
(iii) You shall accompany the Helper, in person, at all times, while providing a Pro Service to a Customer.
(iv) Any breach of these Terms by the Helper shall be considered a breach by you and shall be dealt with accordingly in accordance with these Terms. Further, you shall indemnify and hold harmless SYS CAN TECHNOLOGIES and its affiliates and their officers, directors, employees, and agents from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of, or in connection with, any act or omission by the Helper.
(v) You agree that there is no contract of employment between SYS CAN TECHNOLOGIES and the Helper, and that you have engaged the Helper in your capacity as an independent contractor.
(vi) You shall be solely liable for compensating the Helper on the terms and conditions agreed upon between you and the Helper. SYS CAN TECHNOLOGIES shall not be liable to compensate the Helper for the provision of the Pro Services or any expense incurred or assistance provided by the Helper to you in the provision of the Pro Services. Further, SYS CAN TECHNOLOGIES shall not be liable to pay you any extra compensation for engaging a Helper.
(vii) Your engagement of a Helper shall not be construed to be an assignment, transfer, delegation, sub-delegation, or sub-contracting of your obligations under these Terms. In any event, the primary responsibility and liability to perform your obligations under these Terms shall vest with you.
(b) For avoidance of doubt, it is hereby clarified that nothing contained in these Terms shall be construed as SYS CAN TECHNOLOGIES encouraging, advocating for, or discouraging you, to engage a Helper.
(a) SYS CAN TECHNOLOGIES may recommend certain products to you in connection with your delivery of the Pro Services, in order to ensure that genuine products are being used for Pro Services. You may purchase such products from SYS CAN TECHNOLOGIES or any other provider, acceptable to SYS CAN. You are not mandatorily required to purchase or source the products from SYS CAN TECHNOLOGIES (except for certain category of products whose genuineness cannot be verified by SYS CAN, if purchased from third party vendors), and are free to purchase them from any other vendor, but in such instances, you are required to ensure that the products you have procured comply with SYS CAN TECHNOLOGIES recommended safety and quality parameters. To this extent, you agree to adhere to any additional steps that are mandated by SYS CAN TECHNOLOGIES at the time of delivery of Pro Service, for the purpose of verification of products procured from outside of SYS CAN.
(b) In case any Non-Verifiable Products (such as categories outside the services etc.) are being used to provide the Pro Service, the same should be purchased only from SYS CAN TECHNOLOGIES or its group companies, as SYS CAN TECHNOLOGIES is currently unable to verify the quality of disposables purchased from third parties and the use of non-standard, non-verifiable products from third party vendors could compromise the health and hygiene of the Customers.
(c) If SYS CAN TECHNOLOGIES has a reasonable suspicion that you have deviated from the recommended list of products or have used Non-Verifiable Products which have been procured from a third party other than SYS CAN’s group companies in your delivery of Pro Services, SYS CAN TECHNOLOGIES shall be entitled to take appropriate measures against you. Such measures may include, without limitation, re-training or any other measures that it deems fit and as required to maintain the integrity of the Platform and ensure safety and quality parameters. If you purchase such recommended list of products from SYS CAN, you hereby warrant that you shall only use such products for the purposes of rendering the Pro Services through the Platform, and for no other purpose.
(d) You can purchase ‘SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED’ brand collateral from SYS CAN. While it is not mandatory to do so, to promote trust and safety with Customers it is advisable to purchase and use ‘SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED’ brand collateral while using the Services and fulfilling service requests placed by Customers.”
(a) Subsequent to your delivery of your Pro Services to the Customers through your use of the Services, SYS CAN TECHNOLOGIES will facilitate the payment of the applicable amount to be paid by the Customer to you as your limited payment collection agent. Payment of the amount payable by the Customer in such manner shall be considered the same as payment made directly by the Customer to you, and you hereby authorize SYS CAN TECHNOLOGIES to merely collect and process payments on your behalf. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by the Customer to you are final and non-refundable, unless otherwise determined by SYS CAN TECHNOLOGIES in accordance with these Terms.
(b) SYS CAN TECHNOLOGIES shall derive a convenience fee for providing the online marketplace services to its users and issues a separate invoice to Customers. In case a Customer pays online, you authorise SYS CAN TECHNOLOGIES to retain its convenience fee from the amount received online, and remit the balance monies to you . In the event a Customer pays you for your Pro Services and the convenience fee in cash, you authorise SYS CAN TECHNOLOGIES to adjust the convenience fee collected by you on SYS CAN’s behalf from the Pre-Deposit amount.
(c) In the event you cancel a request placed by a Customer after accepting a request, SYS CAN TECHNOLOGIES shall be at liberty to determine whether or not to refund the Pre-Deposit to you. You agree that in cases where SYS CAN TECHNOLOGIES determines that the to be refunded to you due to your cancellation of an accepted request placed by a Customer, you will relinquish the right to make any claims for refund of the Pre-Deposit.
(d) You acknowledge that SYS CAN TECHNOLOGIES may, from time to time, advance certain amounts to you (“Business Advances”), upon your written request and subject to reasonable terms and conditions that SYS CAN TECHNOLOGIES may require you to comply with. In all cases where you avail of a Business Advance from SYS CAN, you will remain liable to repay the same to SYS CAN TECHNOLOGIES as per a pre-agreed repayment schedule. You further acknowledge and authorise SYS CAN TECHNOLOGIES to deduct the relevant amounts towards repayment of such Business Advances from the SYS CAN TECHNOLOGIES Credits or payouts due to you.
(e) You acknowledge and authorise SYS CAN TECHNOLOGIES to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (“NBFCs“) when loans have been availed by you from such NBFCs for the purposes of offering Pro Services on the Platform. You further authorise SYS CAN TECHNOLOGIES to deduct any of the charges for any other facilities or services that may be provided to you by SYS CAN TECHNOLOGIES from time to time (as applicable) from payments due to you including without limitation, charges for safety equipment, charges for payment aggregators, penalties or fines, fees for onboarding, demand surcharge, fees for cancellation, or late fees. All payments made by Customers will be paid to you net of the said deductions. SYS CAN TECHNOLOGIES is not a lender, and does not provide any loans or other credit facilities. SYS CAN TECHNOLOGIES merely operates the Platform to facilitate your application to avail the credit facilities from NBFCs.
(f) You agree that the Company shall have the right to defer a part of the payment payable to you by a Customer, which may be required in certain cases, for a maximum period of 90 (ninety) days, for reasons as may be communicated to you.
(g) We may use a third-party payment processor (“Payment Processor”) to bill Customers through the Customer’s selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to the terms governing SYS CAN’s relationship with the Customers. We shall not be liable for any error or omission of the Payment Processor.
(h) You hereby agree and acknowledge that SYS CAN TECHNOLOGIES may set off monies owed to you by SYS CAN TECHNOLOGIES against your payment obligations, if any, to SYS CAN’s affiliates for inter alia purchase of products, in its capacity as a collection agent for such affiliates.
(i) Taxes: You agree and acknowledge that:
(i) SYS CAN TECHNOLOGIES acts solely as an intermediary for the collection of payments and fees between Customers and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. SYS CAN TECHNOLOGIES cannot, and does not, offer tax advice to you. Further, you understand that SYS CAN TECHNOLOGIES shall not be responsible or liable in any manner in relation to tax liability that you may incur.
(ii) In case of unregistered services (“Salon Services”), SYS CAN TECHNOLOGIES shall pay taxes and raise tax invoices under Section 9(5) of Central Goods and Services Tax Act, 2017, on your behalf. Additionally, any other applicable taxes (whether direct or indirect) that are liable to be deducted, will be done so by SYS CAN, and the payment due to you from the Customers will be net of such deductions towards applicable taxes. In cases of tax deducted at source under Section 194-O of the Income Tax Act, SYS CAN TECHNOLOGIES will make deductions at 1%, unless you are unable to provide your PAN or Aadhaar details to SYS CAN TECHNOLOGIES in a timely manner, and in such situations, SYS CAN TECHNOLOGIES will make deductions at 5%.
(iii) It is clarified that TDS shall be deducted only on the value of services provided by you to the Customer. TDS shall not be deducted on any goods or physical materials that might be used during the Pro Services or that might be essential to completing the Pro Service. It is your responsibility to determine any tax liability or implications in relation to goods or physical materials and you will be solely responsible to discharge such liabilities.
(iv) There may be changes to the above provisions as per updates or changes in the provisions under applicable laws.
(a) SYS CAN TECHNOLOGIES prohibits discrimination against Customers on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to provide the Pro Services based on any of these characteristics.
(b) We request that you treat all Customers with courtesy and respect. We reserve the right to withhold access to the Services at our absolute discretion if you behave towards any Customer in a manner which is discourteous, disrespectful, abusive, or which we otherwise deem to be inappropriate or unlawful.
(a) Our Platform may contain interactive features or services that allow users who have created an account or profile with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Customers, and you agree and acknowledge that Customers may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes, to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration, and remove you from our Platform, subject to any fees that may be repayable in accordance with law.
(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (i) use, publish, display, store, host, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the functioning of and in connection with the Services and (ii) use User Content for advertising and promoting the Services.
(d) In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
(e) You agree and acknowledge that SYS CAN TECHNOLOGIES may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
(b) In certain instances, you may be required to furnish identification proof to avail the Services or to provide 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 provide the Pro Services.
(c) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services.
(d) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
(a) The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of, or pertaining to, such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions, and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in, and to Third Party Services, are the property of the respective third parties.
(a) You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(c) In respect of the User Content, you represent and warrant that:
(i) you will not provide feedback for services that you have performed in your capacity as a Service Professional;
(ii) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
(iii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
(iv) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
(v) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
(vi) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(vii) the User Content does not and shall not violate any third party rights; and
(viii) the User Content (A) does not belong to any other person to which you do not have any right; (B) is not obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; (C) is not harmful to children; (D) does not infringe any patent, trademark, copyright or other proprietary rights; (E) does not deceive or mislead the addressee/reader about the origin of the message, and does not knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; (F) does not impersonate any person; (G) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation; (H) does not contain software virus or any other compute code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (I) is not in the nature of an online game that is not verified as a permissible online game; (J) is not in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; (K) does not violate any law for the time being in force, or (L) is not otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services; and
(ix) you shall abide by community guidelines and any such guidelines and policies as may be issued by SYS CAN TECHNOLOGIES from time to time
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
(iii) use the Services to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
(v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;
(vii) decompile, reverse engineer, or disassemble the Services;
(viii) link to, mirror, or frame, any portion of all or any of the Services; or
(ix) violate applicable laws in any manner.
(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
(f) You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
(g) In respect of the Pro Services offered by you to Customers, you represent and warrant that:
(i) You shall be fully responsible and liable for the acceptance, delivery and performance of the Pro Services that you provide, including any and all acts and/or omissions therein, including all express and implied warranties therein.
(ii) In case your performance of Pro Services involves usage, incidental and/or ancillary supply, delivery of any goods, such as spare parts, consumables, etc. (irrespective of whether such goods are purchased from the SYS CAN’s affiliates or any other vendor), such goods shall be in full conformity with all applicable standards, including express and implied warranties therein.
(iii) For the avoidance of doubt, all warranty obligations in respect of the Pro Services (including usage and/or supply of any ancillary goods) shall be the sole responsibility of the Service Professional, i.e. you.
(a) For the safety and privacy of the Customer and the Service Professional and delivery of Pro Service in adherence to the service standards of the Platform, it is necessary that during the Period, any and all Pro Services provided by you to a Customer are provided only through the Platform and in accordance with the terms of these Terms. Any direct or indirect delivery of a Pro Service to a Customer outside of the Platform, whether in whole or in part, and irrespective of whether the request for provision of a Pro Service is initiated by the Customer, would be deemed to be a breach of these Terms and a ground for termination of these Terms, as per the platform’s policies, unless you are able to provide a satisfactory explanation for the same. You agree that this limitation is reasonable, and fair and is necessary for your safety and privacy as well as that of the Customer’s and for the protection of the legitimate business interests of SYS CAN. However, nothing in this clause shall restrict you from providing the same Pro Service or a similar service to the Customer upon termination of these Terms, by either Party, for any reason whatsoever.
(b) Except as mentioned above, nothing in the clause above restricts you from providing same or similar Pro Services during the Period to any person other than a Customer, whether directly or indirectly, either independently or through affiliation with any online or offline business entity engaged in a business similar to SYS CAN.
(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by SYS CAN TECHNOLOGIES or SYS CAN’s licensors.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.
(d) You have the option of purchasing SYS CAN’s brand collateral through SYS CAN, in order to promote trust and safety amongst Customers. While not mandatory, it is advisable to use SYS CAN’s brand collateral while using the Services, and providing the Pro Services to Customers.
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder (“Period”).
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, immediately, and at any point at our sole discretion, (i) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (ii) when you cease to become a user of our Services, (iii) you do not, or are likely not to qualify under applicable law, or the standards and policies of SYS CAN TECHNOLOGIES or its affiliates, to access and use the Services, (iv) violate or breach the Privacy Policy, or (v) for any legitimate business, legal, or regulatory reason.
(c) You may terminate these Terms, at any time, for any reason, by informing SYS CAN TECHNOLOGIES in writing, or by visiting the SYS CAN TECHNOLOGIES local city office .
(d) Upon termination of these Terms:
(i) the Account will expire, and you will not be granted access to your Account, or any files or other data contained in your Account;
(ii) the Services will “time-out”;
(iii) your right to participate in the Platform, including but not limited to, your right to offer Pro Services, and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate;
SYS CAN TECHNOLOGIES will pay to you within a reasonable period, all amounts owed to you including any security deposit you may have furnished at the time of onboarding, amounts paid towards unutilised SYS CAN TECHNOLOGIES Credits and other monies SYS CAN TECHNOLOGIES has collected from the Customer, on your behalf in its capacity as your collection agent subject to the deduction of any amounts that you owe to SYS CAN.
(iv) all rights or licences granted to you under these Terms will immediately terminate;
(v) you will immediately destroy, or, at the request of SYS CAN, return, all SYS CAN TECHNOLOGIES data, trademarks, service marks, or content, in your possession or control; and
(vi) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
(a) The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.
(b) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
(c) You agree and acknowledge that we are merely a Platform that connects you with Customers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. To the extent a claim or a liability is not solely attributable to SYS CAN’s acts or omissions, We are not liable or responsible for fulfilment of any bookings, for the performance of the Pro Services by you, or for your acts or omissions, during the provision of the Pro Services, including any damage you may cause to property. By booking Pro Services through the Platform you are entering into a contract with the relevant Customer for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the your performance under that contract. All contractual or commercial terms in connection with the Pro Services are between you and Customers, and such terms may include without limitation, applicable taxes, transportation costs, payment terms, date, period, delivery of products or services, warranties or guarantees related to the Pro Services, post sales or after sales services, and customer satisfaction. SYS CAN TECHNOLOGIES may however, offer support services to you, including without limitation, payment collection, communication support, and other ancillary services.
(d) You agree that the relationship between SYS CAN TECHNOLOGIES and you, is voluntary, non-exclusive, on a principal-to-principal basis, and the parties are free to enter into any other arrangements or agreements, with any third-party. SYS CAN TECHNOLOGIES does not provide, and you shall not seek from SYS CAN, any supervision, directions, or control over the Pro Services that you offer to Customers.
(e) You represent that you have obtained any and all necessary licences, permits, authorisations, and tax registrations required under applicable laws or in line with industry standards to offer and provide the Pro Services.
(f) You hereby accept full responsibility for any consequences that may arise from your use of the Services and your provision of the Pro Services to Customers, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
(g) You acknowledge and agree that SYS CAN TECHNOLOGIES is not engaged in the provision, grant, or disbursement of any financial products. SYS CAN TECHNOLOGIES is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.
(h) SYS CAN TECHNOLOGIES is merely a technology platform service provider and (i) is not registered with the Reserve Bank of India, (ii) does not hold any licence to engage in any activities relating to financial products, and (iii) is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
(i) SYS CAN TECHNOLOGIES will maintain a complaints management framework and will manage this framework on behalf of Service Professionals in a reasonable way and in accordance with the non-excludable requirements of relevant applicable laws.
(j) You agree that your continued use of the Services is subject to you maintain a minimum threshold of ratings based on Customers’ reviews. The ratings threshold for your category and your city will be communicated to you either through the Platform or via text message, or by an SYS CAN TECHNOLOGIES employee in your city. In the event your ratings fall below the minimum threshold, your access and use to the Platform shall be temporarily blocked, and you may be required to attend a training session to reactivate your access to the Services. Notwithstanding anything contained in this sub clause, SYS CAN TECHNOLOGIES reserves the right to terminate the Terms if your ratings fall below the stipulated threshold after you have attended a training session.
(k) You agree that 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 to your access or use of 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. SYS CAN TECHNOLOGIES does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device.
(l) You undertake that you will not, intentionally or unintentionally, make or give any negative or defamatory statements or declarations about SYS CAN, its brand name or domain name, such as the name “SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED” or “SYS CAN” or otherwise engage in any act or omission that shall negatively affect the reputation or brand of SYS CAN, or SYS CAN’s trade or service marks, trade name, or goodwill associated with such trade or service marks or trade name that are owned by or licensed to us.
(m) You agree that you will be responsible for providing SYS CAN TECHNOLOGIES any information in relation to the products and services sold or proposed to be sold by you on the Platform upon SYS CAN’s request.
(n) To the fullest extent permissible by law, we, our affiliates, and our related parties each disclaim all liability for any loss or damage arising out of or due to:
(i) your use of, inability to use, or availability or unavailability of the Services, including the availability or non-availability of Leads;
(ii) the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to the Services;
(iii) the failure of the Services to remain operational for any period of time; and
(iv) the loss of any User Content and any other data in connection with your use of the Services.
(o) In no event shall either Party, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to the other for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), including but not limited to, any abuse or breach of data, where not attributable to SYS CAN’s gross negligence or misconduct within SYS CAN’s knowledge even if SYS CAN TECHNOLOGIES or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (A) these Terms; (B) the Services or the Pro Services; (C) your use or inability to use the Services; or (D) any other interactions with another user of the Services.
(p) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 5,00,000 (Rupees Five Lakhs).
(q) Your liability to SYS CAN TECHNOLOGIES in connection with these Terms shall not exceed Rupees 5,00,000 (Rupees Five Lakhs).
(r) Nothing in these Terms will exclude, or limit any warranty implied by law that it would be unlawful to exclude or limit. To the extent such warranty implied by law applies, and to the extent SYS CAN TECHNOLOGIES is permitted under applicable law to do so, SYS CAN’s liability will be limited, at its option, in the case of supply of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.
(a) You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against, any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to, or arising out of, your access and use to the Services, or your provision of the Pro Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.
(b) In the event SYS CAN TECHNOLOGIES is of the opinion that you have (i) performed the Pro Services in a deficient manner, or (ii) harmed or caused damage to a Customer or their property, SYS CAN TECHNOLOGIES may, at its sole discretion, without admitting any liability or prejudice to its status as an intermediary, compensate such Customer for the deficient service or damage or harm caused, as applicable. You agree that SYS CAN TECHNOLOGIES may collect from you, partially or fully, the amount to be paid to the Customer in compensation, with your consent to our collection of such funds. Where the compensation to the Customer as aforementioned involves any warranties in respect of the Pro Services (including any ancillary goods used and/or spare parts provided by you) such amounts and obligations shall be passed on to you, and SYS CAN TECHNOLOGIES shall be entitled to recover the full amount from you.
(c) We shall indemnify, defend and hold You harmless from and against any claim, demand, lawsuits, judicial proceeding, loss, liability, damage and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to, or arising out of, SYS CAN’s gross negligence, fraud, or wilful misconduct.
(a) If you wish to raise a dispute, claim, or conflict, which arises out of, or in connection with these Terms or the Services, you may make a complaint, or raise a dispute, through (i) contacting a SYS CAN TECHNOLOGIES employee at your local city office; (ii) through the Service Professional helpline; (iii) focus group discussions regularly organised by SYS CAN TECHNOLOGIES in your city; (iv) through the complaints process operated by SYS CAN; or (v) through the grievance redressal procedure as provided in clause 17.
(b) In the event your dispute or complaint remains unresolved, the parties shall first attempt to settle their dispute through mediation, in good faith.
(c) Notwithstanding anything contained in this clause 16, these Terms shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions in this clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of these Terms, or the use of the Services.
(d) In the event the parties are unable to resolve the dispute through mediation as described above within a period of 45 (Forty-Five) days from the date of reference of the dispute to mediation, any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by You and SYS CAN. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration, including any documents, correspondence, orders, or awards issued by the arbitrator confidential and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
(a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services, or these Terms, through registered post or through email, details of which are provided below:
Name: Sumit Kumar
Designation: Associate Vice President
Email Address: connect@oglamapp.com
Address: 7th Floor, Plot no. 183, Goworks Towers, Rajiv Nagar, Udyog Vihar, Phase 2, Sector 20, Gurgaon 122016
(b) We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
(c) Subject to the Terms, it is hereby clarified that SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED will not penalise you in any form or manner if you are found to have membership in a trade union or engaging/ participating in any form of collective action, bargaining, etc.
(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective upon the expiry of 7 days of being posted on the Platform. You agree and acknowledge that 7 (seven) days is an adequate and sufficient time period for you to review the revised Terms and communicate to SYS CAN TECHNOLOGIES any disagreements you may have. 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 following the expiry of 7 (seven) days of the Terms being posted on the Platform.
(b) Modification/ discontinuation of the Services: We reserve the right at any time to add, modify, or discontinue any of the Services whether temporarily or permanently, in whole or in part, in one or more cities, for any reason whatsoever, by providing you a prior notice of at least 30 (thirty) days via our platform. Provided that nothing in this clause shall permit SYS CAN TECHNOLOGIES to revoke, discontinue or modify Services for a specific individual only.
In case of any discontinuation of Services for reasons other than Force Majeure, which render it impossible for you to use the products for any Pro Services, we shall buy back from you any consumables which are SYS CAN TECHNOLOGIES specific/ branded and are purchased from SYS CAN TECHNOLOGIES during the 3 (three) months preceding the date of discontinuation of services provided that such consumables are:
(i) Unused and unopened;
(ii) Free of any damage;
(iii) In a marketable condition and have not expired; and
(iv) Brought to SYS CAN’s notice within 30 (thirty) days of discontinuation of Services;
You agree that except as provided under this clause, you will not be entitled to any monetary or any other form of compensation, exchange of consumables or any adjustments/ set-offs in lieu of buy back or on account of discontinuation of Services.
For avoidance of doubt, it is hereby clarified that SYS CAN TECHNOLOGIES reserves the right to require you to deposit the products you wish SYS CAN TECHNOLOGIES to buy back to the nearest SYS CAN TECHNOLOGIES office prior to such buy back. SYS CAN TECHNOLOGIES shall have the sole discretion to determine whether the products satisfy the conditions stated above. Further, SYS CAN TECHNOLOGIES will endeavour to refund the amounts under the buyback option within a period of 60 days from the date of depositing the consumables and submission of necessary documents in connection with the buyback.
Further, if We permanently discontinue Services for a category under which you provide Pro Services, We, upon your request, will attempt to accommodate you in a category which is suitable to your skillset, in the area (geographic) you were providing Pro Services, on a best efforts basis including providing necessary training as per SYS CAN TECHNOLOGIES platform norms (“Other Category”). For avoidance of doubt, the cost of products and orientation/ onboarding required to provide Pro Services under Other Category shall be borne by You, in the manner set out in this Agreement.
(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(d) 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, and 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 connect@oglamapp.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, pandemic, epidemic, or compliance with any law or governmental order, rule, regulation, or direction.
(h) Relationship between Parties: Nothing in these Terms, is intended to, or shall be deemed to create a relationship of partnership, agency, joint venture, joint enterprise, or fiduciary relationship between the parties, and neither party shall have the authority to contract for, or enter into commitments, for, or on behalf of the other party.
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Annexure A
WALL PANEL INSTALLATION SERVICE PROFESSIONALS – TERMS AND CONDITIONS
(A) These terms and conditions (“Terms”) govern the use of services made available on or through oglamapp.com and/or the SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED mobile app (collectively, the “Platform” and together with the services made available on or through the Platform, “Services”). These Terms also include our 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, the Supplemental Terms will prevail.
(B) The Terms constitute a binding and enforceable legal contract between SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED (a company incorporated under the Companies Act, 2013 with its registered address at Unit No. 08, Ground Floor, Rectangle 1, D4, Saket District Centre, New Delhi 110017 Delhi, India and its corporate office at 7th Floor, Plot no. 183, Goworks Towers, Rajiv Nagar, Udyog Vihar, Phase 2, Sector 20, Gurgaon 122016, formerly known as SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED.) and its affiliates (“SYS CAN”, “we”, “us”, or “our”), and you, an independent third-party service provider (“you” or “Service Professional”) engaged by Handy Homes Solutions Private Limited (“Handy Homes” or “HH”), to render wall panel installation services on the SYS CAN TECHNOLOGIES platform. By using the Services, you represent and warrant that you have the full legal capacity and authority to agree and bind yourself to these Terms.
(C) For your ease of reference, we may publish or provide you with a copy of the Terms in languages other than English. However, if there is any discrepancy in the language or meaning between the Terms drafted in English and a copy of the Terms in a language other than English, the Terms drafted in English shall prevail.
(D) 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.
(a) The Services include the provision of the Platform that enables you to provide wall panel installation services on behalf of Handy Homes to end-customers registered on the Platform (“Customers”). As a part of the Services, SYS CAN TECHNOLOGIES (i) assists you with determining amounts payable by Customers to you for the services you render on behalf of Handy Homes, (ii) facilitates the maximum and efficient utilisation of your time while you use the Services, (iii) takes measures to maximise your earning potential through your use of the Services, and (iv) facilitates the transfer of payments for the services you render to the Customers on behalf of Handy Homes and collect payments on your behalf.
(b) The wall panel installation services rendered by you on behalf of Handy Homes are referred to as “Pro Services”. Our “Services” do not include the Pro Services, and SYS CAN TECHNOLOGIES is not responsible for the provision of Pro Services. SYS CAN TECHNOLOGIES does not employ you or any other Service Professional, nor are Service Professionals the agents, contractors, or partners of SYS CAN. Service Professionals do not have the ability to bind or represent SYS CAN. Handy Homes and You are solely liable and responsible for the Pro Services that you offer or otherwise provide through the Platform.
(c) The Platform is solely for your commercial use and is intended for use only within India.
(d) A key part of the Services is SYS CAN’s ability to send you text messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting SYS CAN TECHNOLOGIES at connect@oglamapp.com, you agree and acknowledge that this may impact SYS CAN’s ability to provide the Services (or a part of the Services) to you.
(e) Prior to the activation of your ability to use certain parts of the Services and provide Pro Services through the Platform, you are required to attend an orientation programme at your local SYS CAN TECHNOLOGIES office to enable you to understand amongst other matters, how the Platform works. You hereby agree to attend such orientation programme(s). It is hereby clarified that all training in relation to the Pro Services rendered by You on behalf of Handy Homes will be undertaken by Handy Homes.
(f) SYS CAN TECHNOLOGIES reserves the right to charge a certain non-refundable fee towards your orientation/ onboarding onto the platform at its sole discretion, for certain Pro Services which will be intimated to you in advance. And such fee will be recovered from you in instalments from your earnings after you join the platform.
(a) To avail the Services and provide the Pro Services through the Platform, you will be required to create an account on the Platform (“Account”). In addition to setting up a username and password for your Account, you will be required to furnish certain details and documents, including but not limited to your name, phone number, address, age, valid government issued identification, trade licences, and government approvals that permit you to offer Pro Services under applicable law. To create an Account, you must be at least 18 (Eighteen) years of age. At the time of Account creation, you will be required to make a security deposit of certain amounts depending on your category of Pro Services, and SYS CAN TECHNOLOGIES will refund this amount to you (subject to the deduction of any amounts that you owe SYS CAN TECHNOLOGIES within 14 (Fourteen) days of the termination of these Terms.
(b) You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
(c) You agree that SYS CAN, through third parties, may undertake your background verification, at your sole cost, to fulfil due diligence and safety obligations prior to the approval of your Account on the Platform, activating your access to the Services, and permitting you to provide Pro Services through the Services. In addition, SYS CAN, through third parties may, at its sole discretion, at your sole cost, undertake such background verification from time to time thereafter. If you are registered on the Platform prior to the completion of the background verification, your registration on the Platform shall be contingent on your background verification report meeting SYS CAN’s standards (as SYS CAN TECHNOLOGIES may determine in accordance with applicable laws and its internal policies). You agree that your ability to use the Services and offer Pro Services through the Platform shall at all times be subject to your background verification reporting meeting SYS CAN’s standards. For the avoidance of doubt, SYS CAN TECHNOLOGIES takes commercially reasonable efforts to undertake background verifications of Service Professionals and is not responsible or liable for ensuring the safety, security, or welfare of the Services Professionals or the Customers.
(d) You may only own, operate, and possess one Account. If SYS CAN TECHNOLOGIES discovers or determines that you possess more than one Account, it will have the right to revoke, without notice, your access to the Platform and the Services.
(e) You are solely responsible for maintaining the security and confidentiality of your password and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account. You further agree that no person other than yourself has the right to access your Account and you will not share your login credentials with any other person. If SYS CAN TECHNOLOGIES reasonably determines that you have shared your login credentials with another person or allowed another person to access and use your Account, it may suspend or terminate your access and use of the Services without notice to you.
(f) You are liable and accountable for all activities that take place through your Account. We shall not be liable for any unauthorised access to your Account.
(g) You agree to receive communications from us regarding (i) information about us and the Services, (ii) promotional offers and services from us and our third party partners, and (iii) any other matter in relation to the Services.
(a) The Platform permits you to accept requests for the Pro Services based on your availability and as per your arrangement with Handy Homes (“Leads”). To confirm a request, you should follow the instructions on the Platform and provide necessary information.
(b) Ranking of Service Professionals: Your ranking on the Platform is based on the following factors in descending order of importance:
(i) Your ratings on the Platform;
(ii) Your location; and
(iii) The number of Leads you have already accepted.
(c) SYS CAN TECHNOLOGIES Credits and Pre-Deposits:
(I) You shall, at all times, be required to maintain a minimum balance of credits (“SYS CAN TECHNOLOGIES Credits”) to be able to access parts of the Services. SYS CAN TECHNOLOGIES Credits will be credited to your Account against payment being made by you to obtain the SYS CAN TECHNOLOGIES Credits. You agree and acknowledge that your use of the Services may be affected if you do not have the requisite SYS CAN TECHNOLOGIES Credits. In addition and notwithstanding anything to the contrary hereunder, SYS CAN TECHNOLOGIES reserves the sole discretion to require the payment of additional fees in respect of (A) the provision of Leads in certain market segments or (B) the provision of additional Services.
(II) You may be required to deposit a pre-determined amount of SYS CAN TECHNOLOGIES Credits with SYS CAN TECHNOLOGIES (“Pre-Deposit”) in order to be able to accept Leads. The details required to connect you with a Customer will only be communicated to you after the Pre-Deposit is made with SYS CAN. The quantum of the Pre-Deposit will be based on the aggregate value of the Lead(s). Pre-Deposit may be secured as a percentage of the aggregate value of Leads, or as a fixed sum. The quantum of the Pre-Deposit for the particular Pro Services offered by you to the Customer will be communicated to you from time to time, or before the communication of a Lead.
(III) To ensure maintenance of the Pre-Deposit, you acknowledge and authorise SYS CAN TECHNOLOGIES to deduct certain amounts from the payments made by the Customers to you.
(IV) You may also use SYS CAN TECHNOLOGIES Credits to purchase goods and services offered by SYS CAN TECHNOLOGIES to you from time to time.
(d) Promotions, and Subscription Packages:
(I) SYS CAN TECHNOLOGIES may, at its sole discretion, issue SYS CAN TECHNOLOGIES Credits free of charge to your Account, and/or may create promotional codes that may be redeemed for Account credits or other features or benefits related to the Services (“Promo SYS CAN TECHNOLOGIES Credits”), subject to any additional terms that SYS CAN TECHNOLOGIES may impose and share with you from time to time. You agree that Promo SYS CAN TECHNOLOGIES Credits (A) shall not be duplicated, sold, or transferred in any manner, or made available to any person other than yourself, (B) may be disabled by SYS CAN TECHNOLOGIES at any time for any reason without liability to SYS CAN, (C) are not valid for cash, and (D) may expire prior to your use.
(II) Based on factors such as your ratings and reviews by Customers, SYS CAN TECHNOLOGIES may, at its sole discretion, from time to time offer (A) subscription packages or scheme (howsoever named) in exchange for SYS CAN TECHNOLOGIES Credits and/ or (B) minimum business guarantees subject to applicable terms and conditions communicated to prior to acceptance of the minimum guarantee. Upon purchasing such subscription package or scheme or acceptance of minimum business guarantee, you may be entitled to certain benefits such as preferential Leads (i.e., Lead allocation on priority and lower convenience fee deductions), or the job value communicated to you, in lieu of the Leads. Such packages, schemes, and/or guarantees shall be subject to additional terms.
(III) If SYS CAN TECHNOLOGIES is unable to provide you with a minimum number of preferential service requests or corresponding job value, SYS CAN TECHNOLOGIES will compensate you for such deficient number of preferential service requests and/or job value, provided you meet the conditions communicated to you prior to, or at the time of, (A) the purchase of subscription packages; or (B) acceptance of the minimum guarantee scheme.
(IV) In case you are unable to meet the requirements agreed for availing the minimum business guarantee, SYS CAN TECHNOLOGIES may on the occurrence of any Customer experience related issues or other conditions, terminate such arrangement.
Provided that, SYS CAN TECHNOLOGIES shall not be entitled to levy a penalty under Clause 3(d)(iv) if You are unable to meet the requirements due to SYS CAN’s fault. For clarity, SYS CAN’s fault shall mean (i) outage of Services; (ii) Platform malfunction; or (iii) occurrence of any other event (not attributable to you whether directly or indirectly) causing disruption or failure in the provision of Services.
(V) You hereby acknowledge that SYS CAN TECHNOLOGIES offers a minimum business guarantee and subscription packages to improve (A) your access to Leads and (B) the Customer experience of the Services. Nothing in these schemes shall be interpreted to mean that SYS CAN TECHNOLOGIES is responsible for the provision of Pro Services.
(e) Performance Based Schemes: SYS CAN TECHNOLOGIES may from time to time introduce schemes for high performing Service Professionals to be allotted preferential Leads (as explained above). The parameters to determine a Service Professional’s performance shall include but not be limited to, service feedback received from Customers, proportion of Leads accepted, and other parameters as may be communicated to you from time to time.
(f) SYS CAN TECHNOLOGIES reserves the right to withhold or deduct SYS CAN TECHNOLOGIES Credits or Promo SYS CAN TECHNOLOGIES Credits in the event that SYS CAN TECHNOLOGIES reasonably determines or believes that the use of the SYS CAN TECHNOLOGIES Credits or Promo SYS CAN TECHNOLOGIES Credits was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You agree and acknowledge that You may not engage another person to assist you in the provision of the Pro Services.
(a) SYS CAN TECHNOLOGIES may recommend certain products to you in connection with your delivery of the Pro Services, in order to ensure that genuine products are being used for Pro Services. You may purchase such products from SYS CAN TECHNOLOGIES or any other provider, acceptable to SYS CAN. You are not mandatorily required to purchase or source the products from SYS CAN TECHNOLOGIES (except for certain category of products whose genuineness cannot be verified by SYS CAN, if purchased from third party vendors), and are free to purchase them from any other vendor, but in such instances, you are required to ensure that the products you have procured comply with SYS CAN TECHNOLOGIES recommended safety and quality parameters. To this extent, you agree to adhere to any additional steps that are mandated by SYS CAN TECHNOLOGIES at the time of delivery of Pro Service, for the purpose of verification of products procured from outside of SYS CAN.
(b) In case any Non-Verifiable Products (such as disposables, spa oils etc.) are being used to provide the Pro Service, the same should be purchased only from SYS CAN TECHNOLOGIES or its group companies, as SYS CAN TECHNOLOGIES is currently unable to verify the quality of disposables purchased from third parties and the use of non-standard, non-verifiable products from third party vendors could compromise the health and hygiene of the Customers.
(c) If SYS CAN TECHNOLOGIES has a reasonable suspicion that you have deviated from the recommended list of products or have used Non-Verifiable Products which have been procured from a third party other than SYS CAN’s group companies in your delivery of Pro Services, SYS CAN TECHNOLOGIES shall be entitled to take appropriate measures against you. Such measures may include, without limitation, re-training or any other measures that it deems fit and as required to maintain the integrity of the Platform and ensure safety and quality parameters. If you purchase such recommended list of products from SYS CAN, you hereby warrant that you shall only use such products for the purposes of rendering the Pro Services through the Platform, and for no other purpose.
(d) You can purchase ‘SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED’ brand collateral from SYS CAN. While it is not mandatory to do so, to promote trust and safety with Customers it is advisable to purchase and use ‘SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED’ brand collateral while using the Services and fulfilling service requests placed by Customers.”
(a) Subsequent to your delivery of your Pro Services to the Customers through your use of the Services, SYS CAN TECHNOLOGIES will facilitate the payment of the applicable amount to be paid by HH to you as your limited payment collection agent. Payment of the amount payable by the HH in such manner shall be considered the same as payment made directly by HH to you, and you hereby authorise SYS CAN TECHNOLOGIES to merely collect and process payments on your behalf. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by HH to you are final and non-refundable, unless otherwise determined by SYS CAN TECHNOLOGIES in accordance with these Terms.
(b) SYS CAN TECHNOLOGIES shall derive a convenience fee for providing the online marketplace services to its users and issues a separate invoice to Customers. In case a Customer pays online, you authorise SYS CAN TECHNOLOGIES to retain its convenience fee from the amount received online, and remit the balance monies to you along with your Pre-Deposit (secured at the time of lead acceptance). In the event a Customer pays you for your Pro Services and the convenience fee in cash, you authorise SYS CAN TECHNOLOGIES to adjust the convenience fee collected by you on SYS CAN’s behalf from the Pre-Deposit amount.
(c) In the event you cancel a request placed by a Customer after accepting a request, SYS CAN TECHNOLOGIES shall be at liberty to determine whether or not to refund the Pre-Deposit to you. You agree that in cases where SYS CAN TECHNOLOGIES determines that the Pre-Deposit is not required to be refunded to you due to your cancellation of an accepted request placed by a Customer, you will relinquish the right to make any claims for refund of the Pre-Deposit.
(d) You acknowledge that SYS CAN TECHNOLOGIES may, from time to time, advance certain amounts to you (“Business Advances”), upon your written request and subject to reasonable terms and conditions that SYS CAN TECHNOLOGIES may require you to comply with. In all cases where you avail of a Business Advance from SYS CAN, you will remain liable to repay the same to SYS CAN TECHNOLOGIES as per a pre-agreed repayment schedule. You further acknowledge and authorise SYS CAN TECHNOLOGIES to dedt SYS CAN TECHNOLOGIES the relevant amounts towards repayment of sh Business Advances from the SYS CAN TECHNOLOGIES Credits or payouts due to you.
(e) You acknowledge and authorise SYS CAN TECHNOLOGIES to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (“NBFCs”) when loans have been availed by you from such NBFCs for the purposes of offering Pro Services on the Platform. You further authorise SYS CAN TECHNOLOGIES to deduct any of the charges for any other facilities or services that may be provided to you by SYS CAN TECHNOLOGIES from time to time (as applicable) from payments due to you including without limitation, charges for safety equipment, charges for payment aggregators, penalties or fines, fees for onboarding, demand surcharge, fees for cancellation, or late fees. All payments will be paid to you net of the said deductions. SYS CAN TECHNOLOGIES is not a lender and does not provide any loans or other credit facilities. SYS CAN TECHNOLOGIES merely operates the Platform to facilitate your application to avail the credit facilities from NBFCs.
(f) You agree that the Company shall have the right to defer a part of the payment payable to you by HH, which may be required in certain cases, for a maximum period of 90 (ninety) days, for reasons as may be communicated to you.
(g) We may use a third-party payment processor (“Payment Processor”) to bill Customers through the Customer’s selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to the terms governing SYS CAN’s relationship with the Customers. We shall not be liable for any error or omission of the Payment Processor.
(h) You hereby agree and acknowledge that SYS CAN TECHNOLOGIES may set off monies owed to you by SYS CAN TECHNOLOGIES against your payment obligations, if any, to SYS CAN’s affiliates for inter alia purchase of products, in its capacity as a collection agent for such affiliates.
(i) Taxes: You agree and acknowledge that:
(i) SYS CAN TECHNOLOGIES acts solely as an intermediary for the collection of payments and fees between HH and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. SYS CAN TECHNOLOGIES cannot, and does not, offer tax advice to you. Further, you understand that SYS CAN TECHNOLOGIES shall not be responsible or liable in any manner in relation to tax liability that you may incur.
(ii) Any applicable taxes (whether direct or indirect) that are liable to be deducted, will be done so by SYS CAN TECHNOLOGIES on behalf of HH, and the payment due to you from HH will be net of such deductions towards applicable taxes. In cases of tax deducted at source under Section 194-C of the Income Tax Act, SYS CAN TECHNOLOGIES on behalf of HH will make deductions at 1%, unless you are unable to provide your PAN or Aadhaar details to SYS CAN TECHNOLOGIES in a timely manner, and in such situations, SYS CAN TECHNOLOGIES on behalf of HH will make deductions at 20%.
(iii) It is clarified that TDS shall be deducted only on the value of services provided by you to the Customer. TDS shall not be deducted on any goods or physical materials that might be used during the Pro Services or that might be essential to completing the Pro Service. It is your responsibility to determine any tax liability or implications in relation to goods or physical materials and you will be solely responsible to discharge such liabilities.
(iv) There may be changes to the above provisions as per updates or changes in the provisions under applicable laws.
(a) SYS CAN TECHNOLOGIES prohibits discrimination against Customers on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to provide the Pro Services based on any of these characteristics.
(b) We request that you treat all Customers with courtesy and respect. We reserve the right to withhold access to the Services at our absolute discretion if you behave towards any Customer in a manner which is discourteous, disrespectful, abusive, or which we otherwise deem to be inappropriate or unlawful.
(a) Our Platform may contain interactive features or services that allow users who have created an account or profile with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Customers, and you agree and acknowledge that Customers may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes, to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration, and remove you from our Platform, subject to any fees that may be repayable in accordance with law.
(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (i) use, publish, display, store, host, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the functioning of and in connection with the Services and (ii) use User Content for advertising and promoting the Services.
(d) In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
(e) You agree and acknowledge that SYS CAN TECHNOLOGIES may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
(b) In certain instances, you may be required to furnish identification proof to avail the Services or to provide 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 provide the Pro Services.
(c) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services.
(d) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
(a) The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of, or pertaining to, such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions, and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in, and to Third Party Services, are the property of the respective third parties.
(a) You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(c) In respect of the User Content, you represent and warrant that:
(i) you will not provide feedback for Pro Services that you have performed in your capacity as a Service Professional;
(ii) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
(iii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
(iv) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
(v) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
(vi) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(vii) the User Content does not and shall not violate any third party rights; and
(viii) the User Content (A) does not belong to any other person to which you do not have any right; (B) is not obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; (C) is not harmful to children; (D) does not infringe any patent, trademark, copyright or other proprietary rights; (E) does not deceive or mislead the addressee/reader about the origin of the message, and does not knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; (F) does not impersonate any person; (G) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation; (H) does not contain software virus or any other compute code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (I) is not in the nature of an online game that is not verified as a permissible online game; (J) is not in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; (K) does not violate any law for the time being in force, or (L) is not otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services; and
(ix) you shall abide by community guidelines and any such guidelines and policies as may be issued by SYS CAN TECHNOLOGIES from time to time
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
(iii) use the Services to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
(v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;
(vii) decompile, reverse engineer, or disassemble the Services;
(viii) link to, mirror, or frame, any portion of all or any of the Services; or
(ix) violate applicable laws in any manner.
(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
(f) You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
(g) In respect of the Pro Services offered by you to Customers, you represent and warrant that:
(i) You shall be fully responsible and liable for the acceptance, delivery and performance of the Pro Services that you provide, including any and all acts and/or omissions therein, including all express and implied warranties therein.
(ii) In case your performance of Pro Services involves usage, incidental and/or ancillary supply, delivery of any goods, such as spare parts, consumables, etc. (irrespective of whether such goods are purchased from the SYS CAN’s affiliates or any other vendor), such goods shall be in full conformity with all applicable standards, including express and implied warranties therein.
(iii) For the avoidance of doubt, all warranty obligations in respect of the Pro Services (including usage and/or supply of any ancillary goods) shall be the sole responsibility of the Service Professional, i.e. you.
(a) For the safety and privacy of the Customer and the Service Professional and delivery of Pro Service in adherence to the service standards of the Platform, it is necessary that during the Period, any and all Pro Services provided by you to a Customer are provided only through the Platform and in accordance with the terms of these Terms. Any direct or indirect delivery of a Pro Service to a Customer outside of the Platform, whether in whole or in part, and irrespective of whether the request for provision of a Pro Service is initiated by the Customer, would be deemed to be a breach of these Terms and a ground for termination of these Terms, as per the platform’s policies, unless you are able to provide a satisfactory explanation for the same. You agree that this limitation is reasonable, and fair and is necessary for your safety and privacy as well as that of the Customer’s and for the protection of the legitimate business interests of SYS CAN. However, nothing in this clause shall restrict you from providing the same Pro Service or a similar service to the Customer upon termination of these Terms, by either Party, for any reason whatsoever.
(b) Except as mentioned above, nothing in the clause above restricts you from providing same or similar Pro Services during the Period to any person other than a Customer, whether directly or indirectly, either independently or through affiliation with any online or offline business entity engaged in a business similar to SYS CAN.
(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by SYS CAN TECHNOLOGIES or SYS CAN’s licensors.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.
(d) You have the option of purchasing SYS CAN’s brand collateral through SYS CAN, in order to promote trust and safety amongst Customers. While not mandatory, it is advisable to use SYS CAN’s brand collateral while using the Services, and providing the Pro Services to Customers.
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder (“Period”).
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, immediately, and at any point at our sole discretion, (i) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (ii) when you cease to become a user of our Services, (iii) you do not, or are likely not to qualify under applicable law, or the standards and policies of SYS CAN TECHNOLOGIES or its affiliates, to access and use the Services, (iv) violate or breach the Privacy Policy, or (v) for any legitimate business, legal, or regulatory reason, (vi) if your engagement with Handy Homes terminates for any reason whatsoever.
(c) You may terminate these Terms, at any time, for any reason, by informing SYS CAN TECHNOLOGIES in writing, or by visiting the SYS CAN TECHNOLOGIES local city office and Handy Homes as per the terms agreed with Handy Homes.
(d) Upon termination of these Terms:
(i) the Account will expire, and you will not be granted access to your Account, or any files or other data contained in your Account;
(ii) the Services will “time-out”;
(iii) your right to participate in the Platform, including but not limited to, your right to offer Pro Services, and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate; SYS CAN TECHNOLOGIES will pay to you within a reasonable period, all amounts owed to you including any security deposit you may have furnished at the time of onboarding, amounts paid towards unutilised SYS CAN TECHNOLOGIES Credits and other monies SYS CAN TECHNOLOGIES has collected from the Customer, on your behalf in its capacity as your collection agent subject to the deduction of any amounts that you owe to SYS CAN.
(iv) all rights or licences granted to you under these Terms will immediately terminate;
(v) you will immediately destroy, or, at the request of SYS CAN, return, all SYS CAN TECHNOLOGIES data, trademarks, service marks, or content, in your possession or control; and
(vi) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
(a) The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.
(b) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
(c) You agree and acknowledge that we are merely a Platform that connects you on behalf of Handy Homes with Customers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. To the extent a claim or a liability is not solely attributable to SYS CAN’s acts or omissions, We are not liable or responsible for fulfilment of any bookings, for the performance of the Pro Services by you, or for your acts or omissions, during the provision of the Pro Services, including any damage you may cause to property. By booking Pro Services through the Platform, Handy Homes is entering into a contract with the relevant Customer for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Handy Homes’s performance under that contract. All contractual or commercial terms in connection with the Pro Services are between Handy Homes and Customers, and such terms may include without limitation, applicable taxes, transportation costs, payment terms, date, period, delivery of products or services, warranties or guarantees related to the Pro Services, post sales or after sales services, and customer satisfaction. SYS CAN TECHNOLOGIES may however, offer support services to you and/or Handy Homes, including without limitation, payment collection, communication support, and other ancillary services.
(d) You agree that the relationship between SYS CAN TECHNOLOGIES and you, is voluntary, non-exclusive, on a principal-to-principal basis, and the parties are free to enter into any other arrangements or agreements, with any third-party. SYS CAN TECHNOLOGIES does not provide, and you shall not seek from SYS CAN, any supervision, directions, or control over the Pro Services.
(e) You represent that you have obtained any and all necessary licences, permits, authorisations, and tax registrations required under applicable laws or in line with industry standards to offer and provide the Pro Services.
(f) You acknowledge and agree that SYS CAN TECHNOLOGIES is not engaged in the provision, grant, or disbursement of any financial products. SYS CAN TECHNOLOGIES is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.
(g) SYS CAN TECHNOLOGIES is merely a technology platform service provider and (i) is not registered with the Reserve Bank of India, (ii) does not hold any licence to engage in any activities relating to financial products, and (iii) is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
(h) SYS CAN TECHNOLOGIES will maintain a complaints management framework and will manage this framework on behalf of Service Professionals and Handy Homes in a reasonable way and in accordance with the non-excludable requirements of relevant applicable laws.
(i) You agree that your continued use of the Services is subject to your continued engagement with Handy Homes and you maintaining a minimum threshold of ratings based on Customers’ reviews. The ratings threshold for your category and your city will be communicated to you either through the Platform or via text message, or by an SYS CAN TECHNOLOGIES employee in your city. In the event your ratings fall below the minimum threshold, your access and use to the Platform shall be temporarily blocked, and you may be required to attend a training session to reactivate your access to the Services. Notwithstanding anything contained in this sub clause, SYS CAN TECHNOLOGIES reserves the right to terminate the Terms if your ratings fall below the stipulated threshold after you have attended a training session.
(j) You agree that 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 to your access or use of 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. SYS CAN TECHNOLOGIES does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device.
(k) You undertake that you will not, intentionally or unintentionally, make or give any negative or defamatory statements or declarations about SYS CAN, its brand name or domain name, such as the name “SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED” or “SYS CAN” or otherwise engage in any act or omission that shall negatively affect the reputation or brand of SYS CAN, or SYS CAN’s trade or service marks, trade name, or goodwill associated with such trade or service marks or trade name that are owned by or licensed to us.
(l) To the fullest extent permissible by law, we disclaim all liability for any loss or damage arising out of or due to:
(i) your use of, inability to use, or availability or unavailability of the Services, including the availability or non-availability of Leads;
(ii) the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to the Services;
(iii) the failure of the Services to remain operational for any period of time; and
(iv) the loss of any User Content and any other data in connection with your use of the Services.
(m) In no event shall either Party, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to the other for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), including but not limited to, any abuse or breach of data, where not attributable to SYS CAN’s gross negligence or misconduct within SYS CAN’s knowledge even if SYS CAN TECHNOLOGIES or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (A) these Terms; (B) the Services or the Pro Services; (C) your use or inability to use the Services; or (D) any other interactions with another user of the Services.
(n) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 5,00,000 (Rupees Five Lakhs).
(o) Your liability to SYS CAN TECHNOLOGIES in connection with these Terms shall not exceed Rupees 5,00,000 (Rupees Five Lakhs).
(p) Nothing in these Terms will exclude, or limit any warranty implied by law that it would be unlawful to exclude or limit. To the extent such warranty implied by law applies, and to the extent SYS CAN TECHNOLOGIES is permitted under applicable law to do so, SYS CAN’s liability will be limited, at its option, in the case of supply of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.
(a) You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against, any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to, or arising out of, your access and use to the Services, or your provision of the Pro Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.
(b) We shall indemnify, defend and hold You harmless from and against any claim, demand, lawsuits, judicial proceeding, loss, liability, damage and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to, or arising out of, SYS CAN’s gross negligence, fraud, or wilful misconduct.
(a) If you wish to raise a dispute, claim, or conflict, which arises out of, or in connection with these Terms or the Services, you may make a complaint, or raise a dispute, through (i) contacting a SYS CAN TECHNOLOGIES employee at your local city office; (ii) through the Service Professional helpline; (iii) focus group discussions regularly organised by SYS CAN TECHNOLOGIES in your city; (iv) through the complaints process operated by SYS CAN; or (v) through the grievance redressal procedure as provided in clause 17.
(b) In the event your dispute or complaint remains unresolved, the parties shall first attempt to settle their dispute through mediation, in good faith.
(c) Notwithstanding anything contained in this clause 16, these Terms shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions in this clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of these Terms, or the use of the Services.
(d) In the event the parties are unable to resolve the dispute through mediation as described above within a period of 45 (Forty-Five) days from the date of reference of the dispute to mediation, any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by You and SYS CAN. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration, including any documents, correspondence, orders, or awards issued by the arbitrator confidential and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
(a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services, or these Terms, through registered post or through email, details of which are provided below:
Name: Sumit Kumar
Designation: Associate Vice President
Email Address: connect@oglamapp.com
Address: Flat No 201,Shilpa Garden, Sai Krupa Heights Block-A, Kondapur, Serilingampally, K.V.Rangareddy- 500084, Telangana
(b) We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
(c) Subject to the Terms, it is hereby clarified that SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED will not penalise you in any form or manner if you are found to have membership in a trade union or engaging/ participating in any form of collective action, bargaining, etc.
(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective upon the expiry of 7 days of being posted on the Platform. You agree and acknowledge that 7 (seven) days is an adequate and sufficient time period for you to review the revised Terms and communicate to SYS CAN TECHNOLOGIES any disagreements you may have. 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 following the expiry of 7 (seven) days of the Terms being posted on the Platform.
(b) Modification/ discontinuation of the Services: We reserve the right at any time to add, modify, or discontinue any of the Services whether temporarily or permanently, in whole or in part, in one or more cities, for any reason whatsoever, by providing you a prior notice of at least 30 (thirty) days via our platform. Provided that nothing in this clause shall permit SYS CAN TECHNOLOGIES to revoke, discontinue or modify Services for a specific individual only.
(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(d) 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, and 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 connect@oglamapp.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, pandemic, epidemic, or compliance with any law or governmental order, rule, regulation, or direction.
(h) Relationship between Parties: Nothing in these Terms, is intended to, or shall be deemed to create a relationship of partnership, agency, joint venture, joint enterprise, or fiduciary relationship between the parties, and neither party shall have the authority to contract for, or enter into commitments, for, or on behalf of the other party.
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Annexure B
PEST CONTROL SERVICE PROFESSIONALS – TERMS AND CONDITIONS
(A) These terms and conditions (“Terms”) govern the use of services made available on or through oglamapp.com and/or the SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED mobile app (collectively, the “Platform” and together with the services made available on or through the Platform, “Services”). These Terms also include our 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, the Supplemental Terms will prevail.
(B) The Terms constitute a binding and enforceable legal contract between SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED (a company incorporated under the Companies Act, 2013 with its registered address at Unit No. 08, Ground Floor, Rectangle 1, D4, Saket District Centre, New Delhi 110017 Delhi, India and its corporate office at 7th Floor, Plot no. 183, Goworks Towers, Rajiv Nagar, Udyog Vihar, Phase 2, Sector 20, Gurgaon 122016, formerly known as SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED.) and its affiliates (“SYS CAN”, “we”, “us”, or “our”), and you, an independent third-party service provider (“you” or “Service Professional”) engaged by Handy Home Solutions Private Limited (“Handy Home” or “HH”), a licensed pest control operator under applicable laws to render pest control services on the SYS CAN TECHNOLOGIES platform. By using the Services, you represent and warrant that you have the full legal capacity and authority to agree and bind yourself to these Terms.
(C) For your ease of reference, we may publish or provide you with a copy of the Terms in languages other than English. However, if there is any discrepancy in the language or meaning between the Terms drafted in English and a copy of the Terms in a language other than English, the Terms drafted in English shall prevail.
(D) 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.
(a) The Services include the provision of the Platform that enables you to provide pest control services on behalf of Handy Home to end-customers registered on the Platform (“Customers”). As a part of the Services, SYS CAN TECHNOLOGIES (i) assists you with determining amounts payable by Customers to you for the services you render on behalf of Handy Home, (ii) facilitates the maximum and efficient utilisation of your time while you use the Services, (iii) takes measures to maximise your earning potential through your use of the Services, and (iv) facilitates the transfer of payments for the services you render to the Customers on behalf of Handy Home and collect payments on your behalf.
(b) The pest control services rendered by you on behalf of Handy Home are referred to as “Pro Services”. Our “Services” do not include the Pro Services, and SYS CAN TECHNOLOGIES is not responsible for the provision of Pro Services. SYS CAN TECHNOLOGIES does not employ you or any other Service Professional, nor are Service Professionals the agents, contractors, or partners of SYS CAN. Service Professionals do not have the ability to bind or represent SYS CAN. Handy Home and You are solely liable and responsible for the Pro Services that you offer or otherwise provide through the Platform.
(c) The Platform is solely for your commercial use and is intended for use only within India.
(d) A key part of the Services is SYS CAN’s ability to send you text messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting SYS CAN TECHNOLOGIES at connect@oglamapp.com, you agree and acknowledge that this may impact SYS CAN’s ability to provide the Services (or a part of the Services) to you.
(e) Prior to the activation of your ability to use certain parts of the Services and provide Pro Services through the Platform, you are required to attend an orientation programme at your local SYS CAN TECHNOLOGIES office to enable you to understand amongst other matters, how the Platform works. You hereby agree to attend such orientation programme(s). It is hereby clarified that all training in relation to the Pro Services rendered by You on behalf of Handy Home will be undertaken by Handy Home.
(f) SYS CAN TECHNOLOGIES reserves the right to charge a certain non-refundable fee towards your orientation/ onboarding onto the platform at its sole discretion, for certain Pro Services which will be intimated to you in advance. And such fee will be recovered from you in instalments from your earnings after you join the platform.
(a) To avail the Services and provide the Pro Services through the Platform, you will be required to create an account on the Platform (“Account”). In addition to setting up a username and password for your Account, you will be required to furnish certain details and documents, including but not limited to your name, phone number, address, age, valid government issued identification, trade licences, and government approvals that permit you to offer Pro Services under applicable law. To create an Account, you must be at least 18 (Eighteen) years of age. At the time of Account creation, you will be required to make a security deposit of certain amounts depending on your category of Pro Services, and SYS CAN TECHNOLOGIES will refund this amount to you (subject to the deduction of any amounts that you owe SYS CAN TECHNOLOGIES within 14 (Fourteen) days of the termination of these Terms.
(b) You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
(c) You agree that SYS CAN, through third parties, may undertake your background verification, at your sole cost, to fulfil due diligence and safety obligations prior to the approval of your Account on the Platform, activating your access to the Services, and permitting you to provide Pro Services through the Services. In addition, SYS CAN, through third parties may, at its sole discretion, at your sole cost, undertake such background verification from time to time thereafter. If you are registered on the Platform prior to the completion of the background verification, your registration on the Platform shall be contingent on your background verification report meeting SYS CAN’s standards (as SYS CAN TECHNOLOGIES may determine in accordance with applicable laws and its internal policies). You agree that your ability to use the Services and offer Pro Services through the Platform shall at all times be subject to your background verification reporting meeting SYS CAN’s standards. For the avoidance of doubt, SYS CAN TECHNOLOGIES takes commercially reasonable efforts to undertake background verifications of Service Professionals and is not responsible or liable for ensuring the safety, security, or welfare of the Services Professionals or the Customers.
(d) You may only own, operate, and possess one Account. If SYS CAN TECHNOLOGIES discovers or determines that you possess more than one Account, it will have the right to revoke, without notice, your access to the Platform and the Services.
(e) You are solely responsible for maintaining the security and confidentiality of your password and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account. You further agree that no person other than yourself has the right to access your Account and you will not share your login credentials with any other person. If SYS CAN TECHNOLOGIES reasonably determines that you have shared your login credentials with another person or allowed another person to access and use your Account, it may suspend or terminate your access and use of the Services without notice to you.
(f) You are liable and accountable for all activities that take place through your Account. We shall not be liable for any unauthorised access to your Account.
(g) You agree to receive communications from us regarding (i) information about us and the Services, (ii) promotional offers and services from us and our third party partners, and (iii) any other matter in relation to the Services.
(a) The Platform permits you to accept requests for the Pro Services based on your availability and as per your arrangement with Handy Home (“Leads”). To confirm a request, you should follow the instructions on the Platform and provide necessary information.
(b) Ranking of Service Professionals: Your ranking on the Platform is based on the following factors in descending order of importance:
(i) Your ratings on the Platform;
(ii) Your location; and
(iii) The number of Leads you have already accepted.
(d) SYS CAN TECHNOLOGIES Credits and Pre-Deposits:
(i) You shall, at all times, be required to maintain a minimum balance of credits (“SYS CAN TECHNOLOGIES Credits”) to be able to access parts of the Services. SYS CAN TECHNOLOGIES Credits will be credited to your Account against payment being made by you to obtain the SYS CAN TECHNOLOGIES Credits. You agree and acknowledge that your use of the Services may be affected if you do not have the requisite SYS CAN TECHNOLOGIES Credits. In addition and notwithstanding anything to the contrary hereunder, SYS CAN TECHNOLOGIES reserves the sole discretion to require the payment of additional fees in respect of (A) the provision of Leads in certain market segments or (B) the provision of additional Services.
(ii) You are required to deposit a pre-determined amount of SYS CAN TECHNOLOGIES Credits with SYS CAN TECHNOLOGIES (“Pre-Deposit”) in order to be able to accept Leads. The details required to connect you with a Customer will only be communicated to you after the Pre-Deposit is made with SYS CAN. The quantum of the Pre-Deposit will be based on the aggregate value of the Lead(s). Pre-Deposit may be secured as a percentage of the aggregate value of Leads, or as a fixed sum. The quantum of the Pre-Deposit for the particular Pro Services offered by you to the Customer will be communicated to you from time to time, or before the communication of a Lead.
(iii) To ensure maintenance of the Pre-Deposit, you acknowledge and authorise SYS CAN TECHNOLOGIES to deduct certain amounts from the payments made by the Customers to you.
(iv) You may also use SYS CAN TECHNOLOGIES Credits to purchase goods and services offered by SYS CAN TECHNOLOGIES to you from time to time.
(d) Promotions, and Subscription Packages:
(i) SYS CAN TECHNOLOGIES may, at its sole discretion, issue SYS CAN TECHNOLOGIES Credits free of charge to your Account, and/or may create promotional codes that may be redeemed for Account credits or other features or benefits related to the Services (“Promo SYS CAN TECHNOLOGIES Credits”), subject to any additional terms that SYS CAN TECHNOLOGIES may impose and share with you from time to time. You agree that Promo SYS CAN TECHNOLOGIES Credits (A) shall not be duplicated, sold, or transferred in any manner, or made available to any person other than yourself, (B) may be disabled by SYS CAN TECHNOLOGIES at any time for any reason without liability to SYS CAN, (C) are not valid for cash, and (D) may expire prior to your use.
(ii) Based on factors such as your ratings and reviews by Customers, SYS CAN TECHNOLOGIES may, at its sole discretion, from time to time offer (A) subscription packages or scheme (howsoever named) in exchange for SYS CAN TECHNOLOGIES Credits and/ or (B) minimum business guarantees subject to applicable terms and conditions communicated to prior to acceptance of the minimum guarantee. Upon purchasing such subscription package or scheme or acceptance of minimum business guarantee, you may be entitled to certain benefits such as preferential Leads (i.e., Lead allocation on priority and lower convenience fee deductions), or the job value communicated to you, in lieu of the Leads. Such packages, schemes, and/or guarantees shall be subject to additional terms.
(iii) If SYS CAN TECHNOLOGIES is unable to provide you with a minimum number of preferential service requests or corresponding job value, SYS CAN TECHNOLOGIES will compensate you for such deficient number of preferential service requests and/or job value, provided you meet the conditions communicated to you prior to, or at the time of, (A) the purchase of subscription packages; or (B) acceptance of the minimum guarantee scheme.
(iv) In case you are unable to meet the requirements agreed for availing the minimum business guarantee, SYS CAN TECHNOLOGIES may on the occurrence of any Customer experience related issues or other conditions, terminate such arrangement.
Provided that, SYS CAN TECHNOLOGIES shall not be entitled to levy a penalty under Clause 3(d)(iv) if You are unable to meet the requirements due to SYS CAN’s fault. For clarity, SYS CAN’s fault shall mean (i) outage of Services; (ii) Platform malfunction; or (iii) occurrence of any other event (not attributable to you whether directly or indirectly) causing disruption or failure in the provision of Services.
(v) You hereby acknowledge that SYS CAN TECHNOLOGIES offers a minimum business guarantee and subscription packages to improve (A) your access to Leads and (B) the Customer experience of the Services. Nothing in these schemes shall be interpreted to mean that SYS CAN TECHNOLOGIES is responsible for the provision of Pro Services.
(e) Performance Based Schemes: SYS CAN TECHNOLOGIES may from time to time introduce schemes for high performing Service Professionals to be allotted preferential Leads (as explained above). The parameters to determine a Service Professional’s performance shall include but not be limited to, service feedback received from Customers, proportion of Leads accepted, and other parameters as may be communicated to you from time to time.
(f) SYS CAN TECHNOLOGIES reserves the right to withhold or deduct SYS CAN TECHNOLOGIES Credits or Promo SYS CAN TECHNOLOGIES Credits in the event that SYS CAN TECHNOLOGIES reasonably determines or believes that the use of the SYS CAN TECHNOLOGIES Credits or Promo SYS CAN TECHNOLOGIES Credits was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You agree and acknowledge that You may not engage another person to assist you in the provision of the Pro Services .
You will only use the insecticides provided by Handy Home to render the Pro Services to the customer. Such products can be obtained directly from Handy Home in a manner specified by Handy Home, in such quantities and such quality as specified by Handy Home. Any breach of this clause will be grounds for termination of these Terms.
(a) Subsequent to your delivery of your Pro Services to the Customers through your use of the Services, SYS CAN TECHNOLOGIES will facilitate the payment of the applicable amount to be paid by HH to you as your limited payment collection agent. Payment of the amount payable by the HH in such manner shall be considered the same as payment made directly by HH to you, and you hereby authorise SYS CAN TECHNOLOGIES to merely collect and process payments on your behalf. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by HH to you are final and non-refundable, unless otherwise determined by SYS CAN TECHNOLOGIES in accordance with these Terms.
(b) SYS CAN TECHNOLOGIES shall derive a convenience fee for providing the online marketplace services to its users and issues a separate invoice to Customers. In case a Customer pays online, you authorise SYS CAN TECHNOLOGIES to retain its convenience fee from the amount received online, and remit the balance monies to you along with your Pre-Deposit (secured at the time of lead acceptance). In the event a Customer pays you for your Pro Services and the convenience fee in cash, you authorise SYS CAN TECHNOLOGIES to adjust the convenience fee collected by you on SYS CAN’s behalf from the Pre-Deposit amount.
(c) In the event you cancel a request placed by a Customer after accepting a request, SYS CAN TECHNOLOGIES shall be at liberty to determine whether or not to refund the Pre-Deposit to you. You agree that in cases where SYS CAN TECHNOLOGIES determines that the Pre-Deposit is not required to be refunded to you due to your cancellation of an accepted request placed by a Customer, you will relinquish the right to make any claims for refund of the Pre-Deposit.
(d) You acknowledge that SYS CAN TECHNOLOGIES may, from time to time, advance certain amounts to you (“Business Advances”), upon your written request and subject to reasonable terms and conditions that SYS CAN TECHNOLOGIES may require you to comply with. In all cases where you avail of a Business Advance from SYS CAN, you will remain liable to repay the same to SYS CAN TECHNOLOGIES as per a pre-agreed repayment schedule. You further acknowledge and authorise SYS CAN TECHNOLOGIES to deduct the relevant amounts towards repayment of such Business Advances from the SYS CAN TECHNOLOGIES Credits or payouts due to you.
(e) You acknowledge and authorise SYS CAN TECHNOLOGIES to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (“NBFCs“) when loans have been availed by you from such NBFCs for the purposes of offering Pro Services on the Platform. You further authorise SYS CAN TECHNOLOGIES to deduct any of the charges for any other facilities or services that may be provided to you by SYS CAN TECHNOLOGIES from time to time (as applicable) from payments due to you including without limitation, charges for safety equipment, charges for payment aggregators, penalties or fines, fees for onboarding, demand surcharge, fees for cancellation, or late fees. All payments will be paid to you net of the said deductions. SYS CAN TECHNOLOGIES is not a lender and does not provide any loans or other credit facilities. SYS CAN TECHNOLOGIES merely operates the Platform to facilitate your application to avail the credit facilities from NBFCs.
(f) You agree that the Company shall have the right to defer a part of the payment payable to you by HH, which may be required in certain cases, for a maximum period of 90 (ninety) days, for reasons as may be communicated to you.
(g) We may use a third-party payment processor (“Payment Processor”) to bill Customers through the Customer’s selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to the terms governing SYS CAN’s relationship with the Customers. We shall not be liable for any error or omission of the Payment Processor.
(h) You hereby agree and acknowledge that SYS CAN TECHNOLOGIES may set off monies owed to you by SYS CAN TECHNOLOGIES against your payment obligations, if any, to SYS CAN’s affiliates for inter alia purchase of products, in its capacity as a collection agent for such affiliates.
(i) Taxes: You agree and acknowledge that:
(i) SYS CAN TECHNOLOGIES acts solely as an intermediary for the collection of payments and fees between HH and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. SYS CAN TECHNOLOGIES cannot, and does not, offer tax advice to you. Further, you understand that SYS CAN TECHNOLOGIES shall not be responsible or liable in any manner in relation to tax liability that you may incur.
(ii) Any other applicable taxes (whether direct or indirect) that are liable to be deducted, will be done so by SYS CAN TECHNOLOGIES on behalf of Handy Home, and the payment due to you from HH will be net of such deductions towards applicable taxes. In cases of tax deducted at source under Section 194-C of the Income Tax Act, SYS CAN TECHNOLOGIES on behalf of Handy Home will make deductions at 1%, unless you are unable to provide your PAN or Aadhaar details to SYS CAN TECHNOLOGIES in a timely manner, and in such situations, SYS CAN TECHNOLOGIES will make deductions at 20%.
(iii) It is clarified that TDS shall be deducted only on the value of services provided by you to the Customer. TDS shall not be deducted on any goods or physical materials that might be used during the Pro Services or that might be essential to completing the Pro Service. It is your responsibility to determine any tax liability or implications in relation to goods or physical materials and you will be solely responsible to discharge such liabilities.
(iv) There may be changes to the above provisions as per updates or changes in the provisions under applicable laws.
(a) SYS CAN TECHNOLOGIES prohibits discrimination against Customers on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to provide the Pro Services based on any of these characteristics.
(b) We request that you treat all Customers with courtesy and respect. We reserve the right to withhold access to the Services at our absolute discretion if you behave towards any Customer in a manner which is discourteous, disrespectful, abusive, or which we otherwise deem to be inappropriate or unlawful.
(a) Our Platform may contain interactive features or services that allow users who have created an account or profile with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Customers, and you agree and acknowledge that Customers may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes, to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration, and remove you from our Platform, subject to any fees that may be repayable in accordance with law.
(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (i) use, publish, display, store, host, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the functioning of and in connection with the Services and (ii) use User Content for advertising and promoting the Services.
(d) In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
(e) You agree and acknowledge that SYS CAN TECHNOLOGIES may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
(b) In certain instances, you may be required to furnish identification proof to avail the Services or to provide 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 provide the Pro Services.
(c) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services.
(d) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
(a) The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising out of, or pertaining to, such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions, and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in, and to Third Party Services, are the property of the respective third parties.
(a) You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(c) In respect of the User Content, you represent and warrant that:
(i) you will not provide feedback for Pro Services that you have performed in your capacity as a Service Professional;
(ii) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
(iii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
(iv) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
(v) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
(vi) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(vii) the User Content does not and shall not violate any third party rights; and
(viii) the User Content (A) does not belong to any other person to which you do not have any right; (B) is not obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence; (C) is not harmful to children; (D) does not infringe any patent, trademark, copyright or other proprietary rights; (E) does not deceive or mislead the addressee/reader about the origin of the message, and does not knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; (F) does not impersonate any person; (G) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation; (H) does not contain software virus or any other compute code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (I) is not in the nature of an online game that is not verified as a permissible online game; (J) is not in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; (K) does not violate any law for the time being in force, or (L) is not otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services; and
(ix) you shall abide by community guidelines and any such guidelines and policies as may be issued by SYS CAN TECHNOLOGIES from time to time
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
(iii) use the Services to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
(v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;
(vii) decompile, reverse engineer, or disassemble the Services;
(viii) link to, mirror, or frame, any portion of all or any of the Services; or
(ix) violate applicable laws in any manner.
(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
(f) You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
(a) For the safety and privacy of the Customer and the Service Professional and delivery of Pro Service in adherence to the service standards of the Platform, it is necessary that during the Period, any and all Pro Services provided by you to a Customer are provided only through the Platform and in accordance with the terms of these Terms. Any direct or indirect delivery of a Pro Service to a Customer outside of the Platform, whether in whole or in part, and irrespective of whether the request for provision of a Pro Service is initiated by the Customer, would be deemed to be a breach of these Terms and a ground for termination of these Terms, as per the platform’s policies, unless you are able to provide a satisfactory explanation for the same. You agree that this limitation is reasonable, and fair and is necessary for your safety and privacy as well as that of the Customer’s and for the protection of the legitimate business interests of SYS CAN. However, nothing in this clause shall restrict you from providing the same Pro Service or a similar service to the Customer upon termination of these Terms, by either Party, for any reason whatsoever.
(b) Except as mentioned above, nothing in the clause above restricts you from providing same or similar Pro Services during the Period to any person other than a Customer, whether directly or indirectly, either independently or through affiliation with any online or offline business entity engaged in a business similar to SYS CAN.
(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by SYS CAN TECHNOLOGIES or SYS CAN’s licensors.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.
(d) You have the option of purchasing SYS CAN’s brand collateral through SYS CAN, in order to promote trust and safety amongst Customers. While not mandatory, it is advisable to use SYS CAN’s brand collateral while using the Services, and providing the Pro Services to Customers.
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder (“Period”).
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, immediately, and at any point at our sole discretion, (i) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (ii) when you cease to become a user of our Services, (iii) you do not, or are likely not to qualify under applicable law, or the standards and policies of SYS CAN TECHNOLOGIES or its affiliates, to access and use the Services, (iv) violate or breach the Privacy Policy, or (v) for any legitimate business, legal, or regulatory reason, (vi) if your engagement with Handy Home terminates for any reason whatsoever.
(c) You may terminate these Terms, at any time, for any reason, by informing SYS CAN TECHNOLOGIES in writing, or by visiting the SYS CAN TECHNOLOGIES local city office and Handy Home as per the terms agreed with Handy Home.
(d) Upon termination of these Terms:
(i) the Account will expire, and you will not be granted access to your Account, or any files or other data contained in your Account;
(ii) the Services will “time-out”;
(iii) your right to participate in the Platform, including but not limited to, your right to offer Pro Services, and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate;
SYS CAN TECHNOLOGIES will pay to you within a reasonable period, all amounts owed to you including any security deposit you may have furnished at the time of onboarding, amounts paid towards unutilised SYS CAN TECHNOLOGIES Credits and other monies SYS CAN TECHNOLOGIES has collected from the Customer, on your behalf in its capacity as your collection agent subject to the deduction of any amounts that you owe to SYS CAN.
(iv) all rights or licences granted to you under these Terms will immediately terminate;
(v) you will immediately destroy, or, at the request of SYS CAN, return, all SYS CAN TECHNOLOGIES data, trademarks, service marks, or content, in your possession or control; and
(vi) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
(a) The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.
(b) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
(c) You agree and acknowledge that we are merely a Platform that connects you on behalf of Handy Home with Customers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. To the extent a claim or a liability is not solely attributable to SYS CAN’s acts or omissions, We are not liable or responsible for fulfilment of any bookings, for the performance of the Pro Services by you, or for your acts or omissions, during the provision of the Pro Services, including any damage you may cause to property. By booking Pro Services through the Platform Handy Home is entering into a contract with the relevant Customer for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Handy Home’s performance under that contract. All contractual or commercial terms in connection with the Pro Services are between Handy Home and Customers, and such terms may include without limitation, applicable taxes, transportation costs, payment terms, date, period, delivery of products or services, warranties or guarantees related to the Pro Services, post sales or after sales services, and customer satisfaction. SYS CAN TECHNOLOGIES may however, offer support services to you and/or Handy Home, including without limitation, payment collection, communication support, and other ancillary services.
(d) You agree that the relationship between SYS CAN TECHNOLOGIES and you, is voluntary, non-exclusive, on a principal-to-principal basis, and the parties are free to enter into any other arrangements or agreements, with any third-party. SYS CAN TECHNOLOGIES does not provide, and you shall not seek from SYS CAN, any supervision, directions, or control over the Pro Services.
(e) You represent that you shall at all times provide Pro Services under the pest control operator license of Handy Home and have obtained any and all necessary licences, permits, authorisations, and tax registrations required under applicable laws or in line with industry standards to offer and provide the Pro Services.
(f) You acknowledge and agree that SYS CAN TECHNOLOGIES is not engaged in the provision, grant, or disbursement of any financial products. SYS CAN TECHNOLOGIES is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.
(g) SYS CAN TECHNOLOGIES is merely a technology platform service provider and (i) is not registered with the Reserve Bank of India, (ii) does not hold any licence to engage in any activities relating to financial products, and (iii) is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
(h) SYS CAN TECHNOLOGIES will maintain a complaints management framework and will manage this framework on behalf of Service Professionals and Handy Home in a reasonable way and in accordance with the non-excludable requirements of relevant applicable laws.
(i) You agree that your continued use of the Services is subject to your continued engagement with Handy Home and you maintaining a minimum threshold of ratings based on Customers’ reviews. The ratings threshold for your category and your city will be communicated to you either through the Platform or via text message, or by an SYS CAN TECHNOLOGIES employee in your city. In the event your ratings fall below the minimum threshold, your access and use to the Platform shall be temporarily blocked, and you may be required to attend a training session to reactivate your access to the Services. Notwithstanding anything contained in this sub clause, SYS CAN TECHNOLOGIES reserves the right to terminate the Terms if your ratings fall below the stipulated threshold after you have attended a training session.
(j) You agree that 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 to your access or use of 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. SYS CAN TECHNOLOGIES does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device.
(k) You undertake that you will not, intentionally or unintentionally, make or give any negative or defamatory statements or declarations about SYS CAN, its brand name or domain name, such as the name “SYS CAN TECHNOLOGIES TECHNOLOGIES PRIVATE LIMITED” or “SYS CAN” or otherwise engage in any act or omission that shall negatively affect the reputation or brand of SYS CAN, or SYS CAN’s trade or service marks, trade name, or goodwill associated with such trade or service marks or trade name that are owned by or licensed to us.
(l) To the fullest extent permissible by law, we disclaim all liability for any loss or damage arising out of or due to:
(i) your use of, inability to use, or availability or unavailability of the Services, including the availability or non-availability of Leads;
(ii) the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to the Services;
(iii) the failure of the Services to remain operational for any period of time; and
(iv) the loss of any User Content and any other data in connection with your use of the Services.
(m) In no event shall either Party, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to the other for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever), including but not limited to, any abuse or breach of data, where not attributable to SYS CAN’s gross negligence or misconduct within SYS CAN’s knowledge even if SYS CAN TECHNOLOGIES or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (A) these Terms; (B) the Services or the Pro Services; (C) your use or inability to use the Services; or (D) any other interactions with another user of the Services.
(n) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 5,00,000 (Rupees Five Lakhs).
(o) Your liability to SYS CAN TECHNOLOGIES in connection with these Terms shall not exceed Rupees 5,00,000 (Rupees Five Lakhs).
(p) Nothing in these Terms will exclude, or limit any warranty implied by law that it would be unlawful to exclude or limit. To the extent such warranty implied by law applies, and to the extent SYS CAN TECHNOLOGIES is permitted under applicable law to do so, SYS CAN’s liability will be limited, at its option, in the case of supply of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.
(a) You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against, any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to, or arising out of, your access and use to the Services, or your provision of the Pro Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.
(b) We shall indemnify, defend and hold You harmless from and against any claim, demand, lawsuits, judicial proceeding, loss, liability, damage and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to, or arising out of, SYS CAN’s gross negligence, fraud, or wilful misconduct.
(a) If you wish to raise a dispute, claim, or conflict, which arises out of, or in connection with these Terms or the Services, you may make a complaint, or raise a dispute, through (i) contacting a employee at your local city office; (ii) through the Service Professional helpline; (iii) focus group discussions regularly organised by SYS CAN TECHNOLOGIES in your city; (iv) through the complaints process operated by SYS CAN; or (v) through the grievance redressal procedure as provided in clause 17.
(b) In the event your dispute or complaint remains unresolved, the parties shall first attempt to settle their dispute through mediation, in good faith.
(c) Notwithstanding anything contained in this clause 16, these Terms shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions in this clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of these Terms, or the use of the Services.
(d) In the event the parties are unable to resolve the dispute through mediation as described above within a period of 45 (Forty-Five) days from the date of reference of the dispute to mediation, any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by You. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration, including any documents, correspondence, orders, or awards issued by the arbitrator confidential and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
(a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services, or these Terms, through registered post or through email, details of which are provided below:
Name: Sumit Kumar
Designation: Associate Vice President
Email Address: connect@oglamapp.com
Address: Flat No 201,Shilpa Garden, Sai Krupa Heights Block-A, Kondapur, Serilingampally, K.V.Rangareddy- 500084, Telangana
(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective upon the expiry of 7 days of being posted on the Platform. You agree and acknowledge that 7 (seven) days is an adequate and sufficient time period for you to review the revised Terms and communicate to any disagreements you may have. 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 following the expiry of 7 (seven) days of the Terms being posted on the Platform.
(b) Modification/ discontinuation of the Services: We reserve the right at any time to add, modify, or discontinue any of the Services whether temporarily or permanently, in whole or in part, in one or more cities, for any reason whatsoever, by providing you a prior notice of at least 30 (thirty) days via our platform. Provided that nothing in this clause shall permit to revoke, discontinue or modify Services for a specific individual only.
(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(d) 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, and 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 connect@oglamapp.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, pandemic, epidemic, or compliance with any law or governmental order, rule, regulation, or direction.
(h) Relationship between Parties: Nothing in these Terms, is intended to, or shall be deemed to create a relationship of partnership, agency, joint venture, joint enterprise, or fiduciary relationship between the parties, and neither party shall have the authority to contract for, or enter into commitments, for, or on behalf of the other party.