Terms and Conditions

  1. INTRODUCTION

    1.1 Opera Gratia Private Limited, including its holding company, subsidiaries, affiliates and licensors (collectively "Company", "we", "us" or "our") welcomes you ("user", "you" or "your") to www.befikr.in (or any replacement or successor domain name) (the "Website").

    1.2 These terms of use, together with: (i) the Company’s privacy policy, located at (“Privacy Policy”); (ii) the guidelines, rules, policies and procedures posted on the Website, from time to time (each of which is incorporated herein by reference and form an integral part of these terms); and (iii) any other agreements and terms and conditions entered into with Company, including offline agreements (collectively “Terms of Use”) govern: (i) your relationship with Company; (ii) your use of the Website; and (iii) the content, features, applications, tools, data, documents and information available through the Website, the Company’s mobile applications and/or through Company (together with the Website, the "Services").


  2. TERMS AND CONDITIONS OF USE

    2.1 These Terms of Use constitute an electronic record within the meaning of applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms of Use are published in compliance of, and is governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

    2.2 Please read these Terms of Use carefully before using the Services. These Terms of Use apply to all users of the Services, irrespective of the mode and the manner in which they have accessed the Services.

    2.3 Use of the Website and Services is available only to persons who can form legally binding contracts under applicable law. The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

    2.4 If you are using the Services on behalf of an entity, company or other organization, you represent and warrant that you: (i) have the authority to bind such entity, company or organization to these Terms of Use; and (ii) agree to be bound by these Terms of Use on behalf of such entity, company or organization.

    2.5 If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such person to these Terms of Use; and (ii) agree to be bound by these Terms of Use on behalf of such person.

    2.6 Accessing, browsing or using the Website and the Services constitutes your unconditional acceptance and agreement to be bound by these Terms of Use, which may be modified by us, at any time and from time to time, without notice to you.

    2.7 By using our Website, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

    2.8 The Company reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms of Use without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Website. By continuing to access the Website or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Use. For this reason, we encourage you to review these Terms of Use whenever you use the Services. If you do not agree to any change to these Terms of Use, then you must immediately stop using the Website and the Services.

  3. THE WEBSITE/SERVICES

    3.1 The Company is engaged in the business of providing integrated facility management, home services and other allied services, including but not limited to electrical, carpentry, plumbing air conditioning, car dry cleaning, sofa dry cleaning, carpet dry cleaning, home deep cleaning, pest control, and furniture maintenance(collectively “Befikr Services”). This Website and the Services offers information and marketing materials and promotes the integrated Befikr Services offered by the Company. Nothing contained in the Website or the Services shall be construed as the Company engaged in e-commerce activities, including e-commerce activities directly connecting to customers, which are not permitted under applicable law. Please note that the Company is engaged in the business of providing integrated facility management and allied services and does not engage in business to customer e-commerce activities and such other e-commerce activities which are not permissible to be carried out by certain entities in India in the manner prescribed under applicable law.

  4. COMMUNICATIONS

    4.1 When you use the Website and Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.

  5. BEFIKR SERVICES

    5.1 Through the contact details provided on the Website, users ("Befikr Customer(s)") can contact the Company and book and avail the Befikr Services offered by the Company. By booking the Befikr Services from the Company, the Befikr Customer agrees to obtain the Befikr Services offered by the Company as per the terms agreed between the Company and the Befikr Customer, including these Terms of Use. It is anticipated that the Befikr Services will evolve and be supplemented, modified, improved, enhanced or replaced by the Company over time to keep pace with advancements and improvements in the means and methods of delivering the Befikr Services.

    5.2 Upon the receipt of a request from a Befikr Customer for the Befikr Services, the Company may accept or reject such service request depending on the availability of its service personnel (each a “Befikr Brother”). The Company reserves the right to cancel the booking made by a Befikr Customer at any time without prior notice.The Befikr Customer shall not be entitled to cancel a request for the Befikr Service once the request is accepted by the Company.

    5.3 The Company shall have a right, at any time and from time to time, at its sole discretion, to start or withdraw any the Befikr Services available on the Website without notice.

    5.4 The Befikr Services may be provided by the Company, or its sub-contractors, agents and representatives.

    5.5 All fittings, spares, devices, apparatus, supplies, consumables and other materials (collectively “Materials”) required for providing the Befikr Services shall be procured solely by the Befikr Customer. The Materials shall be procured by the Befikr Customer prior to the Befikr Brother attending to the service request placed by such Befikr Customer, except in cases where the Materials are required to procured upon the Befikr Brother attending such service request. In no event shall the Company, its employees and/or the Befikr Brothers be responsible or liable for: (i) the Materials, including their quality, features, suitability and fitness; and (ii) any damages, losses, liabilities, costs and expenses suffered by the Befikr Customer as a result of or in connection with the use of the Materials.

    5.6 The Befikr Services are available only during the business hours of the Company. The Company may, at its discretion, choose to provide the Befikr Services outside its business hours.

    5.7 The Befikr Brothers will perform the Befikr Services for the Befikr Customer at the Befikr Customer’s premises and such other locations as may be requested by the Befikr Customers.

    5.8 The Company shall not be liable for any deficiencies in the performance of the Befikr Services and such deficiency in performance shall not constitute the Company’s failure to meet the requirements detailed in these Terms of Use to the extent that any such failure is attributable to: (i) force majeure events; (ii) the Befikr Customer’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts, breach of these Terms of Use, deficiencies in Materials and other resources provided by the Befikr Customer); (iii) a failure by the Befikr Customer to provide the Company, within a reasonable time, with any information or other material reasonably requested by Company for the performance of the Befikr Services; (iv) any materially inaccurate or misleading information supplied by the Befikr Customer to the Company and upon which the Company relies in performing the Befikr Services; (v) acts or omissions of third parties related to the Befikr Customer; (vi) a change by the Befikr Customer of its operational and administrative procedures and system resources; (vii) infringement by Befikr Customer of any third party rights; (viii) the Befikr Customer’s failure to take such corrective action which forms a part of the Befikr Customer’s responsibility, as may be requested and identified by the Company to the Befikr Customer; and/or (ix) such other reasons solely attributable to the Befikr Customer.

    5.9 The Befikr Customer shall provide to Befikr Brother:(i) access to its premises and use of the space in Befikr Customer’s premises that Befikr Brother may, from time to time, require in connection with the performance of the Befikr Services, together with Materials and other utilities;(ii) access to, and use of, Befikr Customer’s machines and such other equipment as are requested by the Befikr Brother;and(iii) such other resources reasonably required in connection with the performance of the Befikr Services.

    5.10 In connection with the Befikr Brother’s performance of the Befikr Services, the Befikr Customer shall:(i) upon Befikr Brother’s request, undertake reasonable efforts to make available to Befikr Brother, its personnel, who are familiar with Befikr Customer’s requirements related to the Befikr Services;(ii) provide to the Befikr Brother with complete and accurate information regarding Befikr Customer’s requirements with respect to the Befikr Services; (iii) promptly respond to the queries submitted by the Befikr Brother in connection with the Befikr Services; (iv) cooperate with the Company and the Befikr Brother to enable the Company and the Befikr Brother to provide the Befikr Services in an efficient manner; (v) assume the managementandcontrolof the risks, if any,which are identified as Befikr Customer’s responsibility in the course of availing of the Befikr Services; (vi) fulfill all legal and fiduciary duties with respect to the Befikr Services; (vii) take ameliorative action to avoid the failure by the Befikr Brother in the performance of the Befikr Services on account of third parties related to Befikr Customer; and (viii) take all necessary and appropriate steps to avoid or prevent any circumstances which would expose the Company and the Befikr Brothers to any risks or liabilities.

    5.11 In the event, for the due performance of the Befikr Services, the Befikr Customer requires any Materials or requires the consent of any third parties, the Befikr Customer shall be solely responsible for procuring such Materials and obtaining the required consents from such third parties.

    5.12 The Befikr Customer shall promptly notify the Company and the Befikr Brothers of any conditions, situations, events or circumstances that would reasonably be expected to affect the Company’s or Befikr Brother’s ability to perform the Befikr Services or that is likely to occasion any material delay in the performance of the Befikr Services.

  6. PRICING, BILLING AND PAYMENT

    6.1 The Company has listed the prices for certain of the Befikr Services. However, these are subject to change upon the Befikr Brother examining the nature, scope and extent of Befikr Services requested by the Befikr Customer.

    6.2 While the Company strives to provide accurate services and pricing information, typographical and other errors may occur. In the event that a Befikr Service is listed at an incorrect price or with incorrect information due to an error in pricing or service information, the Company will have the right to modify the price of the relevant Befikr Service and contact the Befikr Customer for further instructions, or cancel the Befikr Service and notify the Befikr Customer of such cancellation.

    6.3 The service charges of the Befikr Services shall be updated or amended from time to time and it shall be the Befikr Customer’s responsibility to remain informed about the then current service charges for Befikr Services

    6.4 The Befikr Customer shall make payment, in full, if such Befikr Customer has availed any Befikr Services from the Company. The Befikr Customer will pay for the Befikr Services as per the mode of payment prescribed by the Company from time to time.

    6.5 The Befikr Customer shall be liable for all applicable taxes with respect to Befikr Services provided by the Company.

    6.6 A request for Befikr Service by a Befikr Customer will be marked as closed by the Company after a period of 2 (two) days post the delivery of the Befikr Serviceif no complaint is received by the Company from such Befikr Customer with respect to the Befikr Service provided by the Befikr Brother.

    6.7 Any payment made by the Befikr Customer for the Befikr Services is non-refundable. However, at the Company’s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by the Company or the Befikr Brother. In no event shall the Company’s aggregate liability in such events exceed the service fee received by it from the concerned Befikr Customer for the relevant Befikr Service.

    6.8 For further information regarding pricing and payment for the Befikr Services, please contact the Company @ bebefikr@befikr.in.

  7. CONTENT
    7.1 The term "Content" includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Use, "Content" also includes all User Content (as defined below), as the context may require.

    7.2 All content created, added, uploaded, submitted, distributed, communicated or posted on the Website by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the user/person who originated such User Content. The Website permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the user shall be solely responsible for user’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. The Company does not and will not claim any ownership over or rights to User Content other than a license to use and display it in terms hereof.

    7.3 The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary and intellectual property rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

    7.4 In connection with the User Content, user affirms, represents, and/or warrants that: (i) user owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorize Company to use, all User Content, including to enable Company to include and use the User Content for the purposes and in the manner contemplated by these Terms of Use; (ii) User has the written consent, authorization, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Terms of Use; and (iii) the Company will not be subjected to any claim, actions, liabilities, loss and damage as a result of its use of the User Content.

    7.5 By submitting any User Content to the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing, part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.

    7.6 By submitting any User Content to the Website, you also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.

    7.7 For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

    7.8 The Company: (i) cannot control the User Content and other information provided by users which is made available on the Website; (ii) does not research, endorse, validate or certify the User Content (as defined below) and any other information submitted/uploaded by users on the Website nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable; and (iii) expressly disclaims any and all liability in connection with User Content.

    7.9 As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, the Company hereby informs users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

    1. belongs to another person and to which the user does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

  8. RULES OF CONDUCT

    8.1 As a condition of use of the Website and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activities in connection with the Services and the activities of any person who uses your Account.

    8.2 You agree that you will not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on or through the Services that: (i) you do not have the right, authority or license to make available , whether under law, contract or otherwise; (ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) invasive of another’s privacy; (v) violates the publicity or proprietary or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees or representatives or falsely states or otherwise misrepresents your affiliation with any person or entity or expresses or implies that the Company endorses any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (viii) discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any law, statute, ordinance or regulation; (xi) would give rise to criminal or civil liability; (xii) that encourages conduct that constitute an offense or that encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our Users, licensors, services providers or other suppliers; (xv) interferes with or disrupts the operation of the Website or the servers or networks used to make the Website available, or violate any requirements, procedures, policies or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

    8.3 You shall not (directly or indirectly): (i) disclose any sensitive, proprietary or confidential information, about yourself or anyone else or knowingly disseminate information that you know, reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to; (ii) misrepresent the source of your content; (iii) use the Website or the Service in violation of any local, state or central law, rule or regulation or otherwise in violation of any law, rule or regulation which you may be subject to; (iv) use the Service in a manner that would violate the lawful privacy rights of any person or to publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Service in a manner which could cause loss, damage or personal injury to any person; (vi) use the Service for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Services if you are a competitor of the Company or for reasons that are in competition with the Company; (viii) use the Services, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other persons use and enjoyment of the Services; (ix) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (x) run any form of auto-responder or “spam” on the Services; (xi) use manual or automated software, device, or other processes to “crawl” or “spider” any page of the Website; (xii) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publically available or provided for through the Website; (xiii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party service providers’) infrastructure; (xiv) interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website; (xv) use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks,(g) flood or mail bombs,(h) logic bombs, or (i) other actions which the Company reserves the sole right to determine to be malicious in intent; (xvi) make improper use of our Services or submit false reports of abuse or misconduct; (xvii) disparage, tarnish or otherwise harm the Company, including the Website and the Services; (xviii) offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (xix) use the Website or the Service in violation of these Terms of Use or otherwise take any action in violation of our guidelines and policies.

    8.4 In using the Services, you must comply with, and refrain from violations of, any right of any other persons, entity, law or contractual duty, including without limitation laws forbidding: (i) distribution of child pornography;(ii) forgery, identity theft, misdirection or interference with electronic communications; (iii) invasion of privacy; (iv) unlawful sending of commercial electronic message or other marketing or electronic communications; (v) securities violations, wire fraud, money laundering, or terrorist activities; or (vi) false advertising, propagating or profiting from fraudulent and unfair schemes.

    8.5 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive ay source code or underlying ideas or algorithms of any part of the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

    8.6 You shall abide by all applicable local, state, national and international laws and regulations.

    8.7 You shall not use the Services in violation of the copyrights, trademarks, patents, trade secrets or other intellectual property rights of third parties, nor shall you utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The applicable laws governing intellectual property will apply to issues of copyrights violations. The Company will, in appropriate circumstance, terminate the Accounts of violators. If a third party believes that you have violated their intellectual property rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your Account.

    8.8 Any activity that you are prohibited from performing under these Terms of Use is equally prohibited to anyone using your Account to access the Services.

    8.9 You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-users or persons who gain access to the Services using your Account; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access, information; (iii) notify all persons who receive access to the Services of the provisions of these Terms of Use, and shall inform them that the terms of these Terms of Use are binding upon them; and (iv) notify the Company if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or the Company to cure the security breach.

    8.10 You shall comply with all applicable export and import control laws and regulations for using of the Services, and in particular, you shall not utilize the Services to export or re-export any services, data or software without all required governmental licenses. You assume full legal responsibility for any access and use of the Services, with full understanding that the same may implicate export regulations and /or require export license. Should such a license be required, it shall your sole responsibility to obtain the same, at your sole cost and expenses, and in the event of any breach of this duty resulting in legal claim against the Company, you shall defend, indemnify and hold the Company harmless from all claims and damages arising therefrom.

    8.11 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violation hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public

    8.12 You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestion, feedback, ideas, material or other information sent or transmitted to the Company, either through the Website, email or otherwise (collectively “Feedback”, shall be deemed to be and treated as non-proprietary and non-confidential. Subject to the conditions described in the Company’s Privacy Policy, the Company shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including but not limited to developing and marketing the Services. The Company reserves the right to publish or use the Feedback for promotional or other purpose without any further permission, notice or payment of any kind to the sender. All such Feedback will be the property of the Company. The Company reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it deem fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with the Company’s products or services. If you provide a Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email, address, impersonate any person or entity, or otherwise mislead the Company as to the origin of any Feedback. You agree to indemnify the Company for all claims arising from or in connection with any claim to any rights in any Feedback or any damages arising from any Feedback.

    8.13 The enumeration of violations in this Section 9 is not meant to be exclusive, and the Company has and will exercise its authority to take any action which is necessary to protect the Services, Users and third parties from acts that would be inimical to the purpose of this Section 9.

  9. PRIVACY

    9.1 We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these Terms of Use. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, whom we share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to our Privacy Policy.

  10. INTELLECTUAL PROPERTY
    10.1 The Website and all information and Content available on the Website and its “look and feel”, except User Content (as defined herein), including but not limited to trademarks, logos, service mark, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data complications and software, and the compilation and organization thereof is the property of the Company, its affiliates, partners or licensors, or is used with consent of the owner and is protected by laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws, privacy and publicity laws, and/or communication regulation.

    10.2 The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by the Company, including but not limited to, the marks “Befikr” and “Befikr Brothers” (collectively, “Befikr Marks”. The Company and the Befikr Marks referenced in the Website are the intellectual property rights of the Company. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by the Company. No use of any the Befikr Marks may be made by any third party without express written consent of the Company.

    10.3 You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Website for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notice contained therein.

    10.4 Nothing contained on this Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Company’s intellectual property and the Befikr Marks, without the advance written permission of the Company or such third party as may be appropriate. All rights are expressly reserved and retained by the Company. Your misuse of any of the Befikr Marks displayed on the Website, or any other Content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that the Company considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law.

  11. THIRD PARTY SERVICES

    11.1 The Services may permit you to link to other websites, services or resources on the internet, and other websites, services or resources, may contain links to the Services. The use of any website which controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms of Use. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Website. You hereby agree to hold the Company harmless from any liability that may result from the use of third party links that may appear on the Website.

  12. PUBLIC AREAS
    12.1 The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow users to communicate with other users. The users shall only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum, subject at all times to these Terms of Use.

    12.2 All submissions made to Public Areas will be public, and the Company will not be responsible for the action of other users with respect to any information or materials posted in Public Areas.

    12.3 All submissions made to Public Areas will be the property of Company. The Company reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the submissions in any way as it deems fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the submissions within or in connection with Company’s products or services.

  13. NON-SOLICITATION

    13.1 The Befikr Customers shall not, without the prior written consent of the Company, either directly or indirectly, solicit, induce, encourage or attempt to solicit, induce or encourage any of the Befikr Brother and other employees of the Company for employment or otherwise.

  14. WARRANTY DISCLAIMER

    14.1 We have no special relationship or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.

    14.2 The Website, the Services, the Content, including without limitation any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our Services or that the Services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

    14.3 We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; and/or (iv) the result of using the Services will meet your requirements. Your use of the Services is solely at your own risk. The services contain information provided by one or more third party data providers. The Company does not control and is not responsible for the information provided by any such third party provider. You acknowledge and agree that neither the Company nor any such third party provider has any obligation to correct information about you except as required by applicable law. Information you request may not be available or may not be provided, and the Company has no liability for such failure. In no event will the Company warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, the Contents and/or Services. The information, contents, products and services available on the Website may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our Website, the Services and Content are at your own risk.

  15. INDEMNIFICATION

    15.1 You shall defend, indemnify, and hold harmless us, our affiliates, holding companies, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, suppliers and representatives from all losses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs), charges, actions, proceedings and demands brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your Account or identity in the Services): (a) use or misuse of, or access to, the Services, Content, or otherwise from your User Content; (b) violation or breach of any term of these Terms of Use or any applicable law or regulation, whether or not referenced herein; and (c) violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  16. LIMITATION OF LIABILITY

    16.1 In no event shall we, our affiliates, directors, employees, officers, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services: (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages be in excess of (in the aggregate) the fees paid to us for the particular Befikr, even if the Company has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the service fee paid by you reflect the allocation of risk set forth in these Terms of Use and that the Company would not enter into this agreement without these limitations. You hereby waive any and all claims against the Company arising out of your use of the Services, the Befikr Services, or any conduct of the Company’s directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the Services/Befikr Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.

    16.2 In addition, you agree that the Company is not responsible for any data compiled by our Services and that the Company will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall the Company, or any third party provider of any component of the Services or of any information delivered as part of the Services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the Services, the Content, the use or inability to use this Website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if the Company is advised of the possibility of such damage, including liability associated with any viruses which may infect your computer equipment.

    16.3 The Company shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

    16.4 The Company shall not liable for any losses, claims, damages and liabilities suffered by the Befikr Customer, or any third party relating to or arising out of: (i) the Befikr Customer’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts, breach of these Terms of Use, deficiencies in Materials and other resources provided by the Befikr Customer); (ii) a failure by the Befikr Customer to provide the Company, within a reasonable time, with any information or other material reasonably requested by Company for the performance of the Befikr Services; (iii) any materially inaccurate or misleading information supplied by the Befikr Customer to the Company and upon which the Company relies in performing the Befikr Services; (iv) acts or omissions of third parties related to the Befikr Customer; (v) a change by the Befikr Customer of its operational and administrative procedures and system resources; (vi) infringement by Befikr Customer of any third party rights; (vii) Befikr Customer’s failure to take such corrective action which forms a part of Befikr Customer’s responsibility, as may be requested and identified by the Company to Befikr Customer; and/or (viii) such other reasons solely attributable to Befikr Customer.

  17. TERMINATION AND SUSPENSION OF SERVICES

    17.1 The Company reserves the right, in its sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Use. Any such termination may result in the forfeiture and destruction of information associated with your Account.

    17.2 Upon termination of your access to the Website or Services for any reason, you shall destroy and remove from all computers, devices, equipment and other storage media all copies of any intellectual property owned by the Company or any other user of the Services that you acquired through the Services.

    17.3 If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.

    17.4 Any user may terminate these Terms of Use at any time by ceasing all use of the Services.

    17.5 All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

  18. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

    18.1 These Terms of Use will be governed by the laws of India. Further, the courts at New Delhi, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms of Use and you agree to irrevocably submit to the exclusive jurisdiction of such courts.

    18.2 The parties shall amicably resolve any and all disputes arising out of or in connection with these Terms of Use, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by the Company.Any arbitral award shall be final and binding on the parties. The seat of the arbitration shall be New Delhi, India. The language of arbitration shall be English.

  19. MISCELLANEOUS PROVISIONS

    19.1 Interpretation: The section and paragraph headings in these Terms of Use are for convenience, solely for the purpose of reference and shall not in any way affect the meaning or interpretation of these Terms of Use. Further, where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neutral gender and vice-versa. Any reference to a party, person or user in these Terms of Use shall include a reference to its successors in title/interest and assigns. All references to “laws”, “rules”, or “regulations” shall be to such laws, rules and regulations as amended, supplemented, or re-enacted from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.

    19.2 Confidentiality: You shall treat any data and information, whether written, oral or visual, disclosed to you or which comes into yourpossession or knowledge in connection with the Services, the Befikr Services and these Terms of Use as confidential and shall not disclose the same to any others, except as may be required by law or as may be required to be disclosed on a "need-to-know" basis.

    19.3 Force Majeure: The Company shall be under any liability for failure to fulfill any obligation on account of force majeure reasons or reasons beyond its control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunication outages, internet disturbance, or any unforeseen change in circumstances, or any other causes beyond its reasonable control.

    19.4 Waiver: Failure of the Company to require performance of any provision of these Terms of Use shall not affect the Company's right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of the Company.

    19.5 Entire Agreement: The Terms of Use, including all related agreement and policies incorporated by reference herein, constitutes the entire agreement between you and the Company related to the subject matter hereof.

    19.6 Independent Rights: Each of the rights of the Company are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right by the Company, whether under these Terms of Use or otherwise. The rights of the Company with respect to any matter conferred under any provision of these Terms of Use shall be in addition to any other rights conferred under any other provision of these Terms of Use, in law or in equity.

    19.7 Severability: If any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms of Use shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms of Use. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, we shall be add as a part of these Terms of Use, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

    19.8 Evidence: Subject to the applicable laws of evidence, you hereby agree not to object to admission of these Terms of Use as evidence in legal proceedings.

    19.9 Assignment: These Terms of Use and agreement evidenced by it is personal to you, and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any person without consent.

    19.10 No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

    19.11 Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by facsimile followed by a confirmation letter by registered mail, or by email followed by a confirmation of receipt Electronic notices should be sent to bebefikr@befikr.in.

  20. Contact
    You may contact us at the following address:

    Opera Gratia Private Limited,
    258, Gokul Bhawan, Ground Floor,
    Westend Marg, Saidulajaib,
    New Delhi-110030.

    Effective Date: June 1st, 2017
    Copyright 2017: Opera Gratia Private Limited. All rights reserved. No part of Company's Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of Company.