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").
- TERMS AND CONDITIONS OF USE
- 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.
4.1 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. By providing your contact details you have expressly authorized befikr.in to contact you in future through calls/SMS/Email to inform you about new services..We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
- 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.
5.9 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.
- 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 @ firstname.lastname@example.org.
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.
7.5 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:
- belongs to another person and to which the user does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
- 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.
- RULES OF CONDUCT
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.
8.4 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.
8.10 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.
8.13 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.
- 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.
- THIRD PARTY SERVICES
- PUBLIC AREAS
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.
13.1 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.
- 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.
- LIMITATION OF LIABILITY
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.
- TERMINATION AND SUSPENSION OF SERVICES
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.
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
- MISCELLANEOUS PROVISIONS
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.
19.11 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 email@example.com.
You may contact us at the following address:
Opera Gratia Private Limited,
Befikr House, Building No-5, DDA Commercial Complex,
Panchsheel Park New Delhi,
South West Delhi- 110017.
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.