1. CONTRACTUAL RELATIONSHIPÂ
These Terms of Use ('Terms') govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the "Services") made available by PG KHOJO, proprietorship firm established in India, having its registered office at Shop No. 21-24, Unique Mall, Sonipat, Haryana, India, 131001Â
PLEASE READ THESE TERMS
CAREFULLY BEFOREÂ
ACCESSING OR USING THE
SERVICES.Â
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and PG KHOJO. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. PG KHOJO may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where PG KHOJO reasonably suspects that: You have, or are likely to, breach these Terms; and/or . you do not, or are likely not to, qualify, under applicable law or the standards and policies of PG KHOJO and its affiliates, to access and use the Services. PG KHOJO may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof: . immediately, where PG KHOJO reasonably suspects that: you have, or are likely to, materially breach these Terms; and/or you do not, or are likely not to, qualify, under applicable law or the standards and policies of PG KHOJO and its affiliates, to access and use the Services: or . on 30 days' written notice to you, where PG KHOJO, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason. Without limiting its other rights under these Terms, PG KHOJO may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time. You may terminate these Terms at any time, for any reason. PG KHOJO may amend the any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. PG KHOJO will provide you with at least 30 days' written notice in the event of a material change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon PG KHOJO's posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
MODIFICATIONS TO TERMS OF
USE AND/OR PRIVACYÂ POLICYÂ
PG KHOJO reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and PG KHOJO will post the amended Terms at the domain of www.mayihelpu.services/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the website (www.mayihelpu.services) ("Website") or Applications (as defined below) (collectively "UC Platform following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the UC Platform.Â
PRIVACY POLICYÂ
PG KHOJO has established a Privacy Policy that explains to users how their personal information is collected and used. The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by PG KHOJO and how they may make a privacy complaint. The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Applications is governed by the Privacy Policy. PG KHOJO may disclose users' persona information to third parties. PG KHOJO may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. PG KHOJO may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.Â
2. THE SERVICESÂ
PG KHOJO will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of PG KHOJO's mobile application (each, an "Application") or Website to: (a) arrange and schedule home-based services with independent third party providers of those services, who have an agreement with PG KHOJO or its affiliates ("Third Party Providers"); and (b) facilitate payments to Third Party Providers for the services and receive receipts for those payments. The Services are made available solely for your personal, non-commercial use, unless PG KHOJO has agreed with you otherwise in a separate agreement. You acknowledge that PG KHOJO does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by PG KHOJO or any of its affiliates. PG KHOJO accepts liability for the Services and the UC Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you.Â
License
Subject to your compliance
with these Terms, PG KHOJO grants you a limited, non-exclusive, non-Â sub
licensable revocable non-transferable license to:Â (i) access and use the
UC Platform on your persona device solely in connection with your use of
the Services; and (ii) access and use any content, information and
related materials that may be made available through the Services, in each
case solely for your personal, non-commercial use. Any rights not expressly
granted herein are reserved by PG KHOJO and PG KHOJO's licensors restrictions. You
may not: (i) remove any copyright, trademark or other proprietary notices
from any portion of the Services; (ii) reproduce, modify, prepare
derivative works based upon, distribute, license, lease, sell,
resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Services except
as expressly permitted by PG KHOJO; (iii)Â decompile, reverse engineer or
disassemble the Services except as may be permitted by
applicable law; (iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or scripts for the purpose of scraping,
indexing, surveying, or otherwise data mining any portion of the Services
or unduly burdening or hindering the operation and/or functionality
of any aspect of the Services; or (vi)Â attempt to gain unauthorized access
to or impair any aspect of the Services or its related systems
or networks.Â
Provision of the ServicesÂ
You acknowledge that portions of the Services may be made available under PG KHOJO's various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of PG KHOJO's subsidiaries and affiliates; or (ii) independent Third Party Providers. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that PG KHOJO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. PG KHOJO does not endorse such third party services and content and in no event shall PG KHOJO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or Blackberry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple IOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.Â
Ownership
The Services and all rights therein are and shall remain PG KHOJO's property or the property of PG KHOJO's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PG KHOJO's company names, logos, product and service names. trademarks or services marks or those of PG KHOJO's licensors.
3.YOUR USE OF THE
SERVICESÂ
User Accounts
In order to use most aspects of
the Services, you must register for and maintain an active personal
user Services account ("Account You must be at least 18 years of
age, ort the age of legal majority in your jurisdiction (if different than
18), to obtain an Account, unless a specific Service permits otherwise.
Account registration requires you to submit to PG KHOJO certain
personal information, such as your name, address, mobile phone number and
age, as well as at least one valid payment method (either a credit
card or accepted payment partner). You agree to maintain accurate,
complete, and up-to-date information in your Account. Your failure to
maintain accurate, complete, and up-to-date Account
information, including having an invalid or expired payment method on
file, may result in your inability to access or use the Services. You are
responsible for all activity that occurs under your Account, and you agree
to maintain the security and secrecy of your Account username and
password at all times. Unless otherwise permitted by PG KHOJO in writing,
you may only possess one Account.Â
User Requirements and
ConductÂ
The Service is not available
for use by persons under the age of 18. You may not authorize third parties
to use your Account, and you may not allow persons under the age of 18
to receive services from Third Party Providers unless they are accompanied
by you. You may not assign or otherwise transfer your Account to any
other person or entity. You agree to comply with all applicable laws when
accessing or using the Services, and you may only access or use the
Services for lawful purposes. You will not, in your use of the Services,
cause nuisance, annoyance, inconvenience, or property damage, whether
to the Third Party Provider or any other party. In certain instances you
may be asked to provide proof of identity or other method of identity verification
to access or use the Services, and you agree that you may be denied access
to or use of the Services if you refuse to provide proof of identity
or other method of identity verification.Â
No Discrimination
PG KHOJO prohibits
discrimination against Third Party Providers based on race, religion,
caste, national origin, disability, sexual orientation, sex, marital
status, gender identity, age or any other characteristic that may be
protected under applicable law. Such discrimination includes, but is not
limited to, any refusal to accept services based on any of these characteristics.
If it is found that you have violated this prohibition you will lose
access to the PG KHOJOÂ platform. Applicable laws in certain jurisdictions
may require and/or allow the provision of services by and for the
benefit of a specific category of persons. In such jurisdictions, services
provided in compliance with these laws and the relevant applicable terms
are permissible.Â
Text Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from PG KHOJO at any time by informing PG KHOJO of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.Â
Promotional Codes
PG KHOJO may, in PG KHOJO's sole discretion, create promotional codes that
may be redeemed for Account credit. or other features or benefits
related to the Services and/or a Third Party Provider's services, subject
to any additional terms that PG KHOJO establishes on a per
promotional code basis ("Promo Codes"). You agree that
Promo Codes: (i) must be used for the intended audience and purpose,
and in a lawful manner; (ii) may not be duplicated, sold or transferred in
any manner, or made available to the general public (whether posted to
a public form or otherwise), unless expressly permitted by PG KHOJO;
(iii) may be disabled by PG KHOJO at any time for any reason without liability to
PG KHOJO; (iv) may only be used pursuant to the specific terms that PG
KHOJO establishes for such Promo Code; (v) are not valid for cash; and
(vi) may expire prior to your use. PG KHOJO reserves the right to
withhold or deduct credits or other features or benefits obtained through
the use of Promo Codes by you or any other user in the event that PG KHOJO
reasonably determines or believes that the use or redemption of the Promo
Code was in error, fraudulent, illegal, or in violation of the
applicable Promo Code terms or these Terms.Â
User Provided ContentÂ
PG KHOJO may, in PG KHOJO's
sole discretion, permit you from time to time to submit, upload,
publish or otherwise make available to PG KHOJO through the Services textual,
audio, and/or visual content and information, including
commentary and feedback related to the Services, initiation
of support requests, and submission of entries for competitions and
promotions ("User Content Any User Content provided by you remains
your property. However, by providing User Content to PG KHOJO, you grant PG
KHOJO a worldwide, perpetual, irrevocable, transferable, royalty-free license,
with the right to sublicense, to use, copy, modify, create derivative
works of, distribute, publicly display, publicly perform, and otherwise
exploit in any manner such User Content in all formats and distribution
channels now known or hereafter devised (including in connection with the
Services and PG KHOJO's business and on third-party sites and services),
without further notice to or consent from you, and without the requirement
of payment to you or any other person or entity.Â
You represent and warrant
that: (i) you either are the sole and exclusive owner of all User Content
or you have all rights, licenses, consents and releases necessary to
grant PG KHOJO the license to the User Content as set forth above; and
(ii) neither the User Content nor your submission,
uploading, publishing or otherwise making available of such
User Content nor PG KHOJO's use of the User Content as permitted
herein will infringe, misappropriate or violate a third party's intellectual
property or proprietary rights, or rights of publicity or privacy,
or result in the violation of any applicable law or regulation; and
(iii) you are not providing feedback for services performed by you in your
capacity as a service provider on the platform. You agree to not
provide User Content that is defamatory, grossly harmful,
blasphemous, pedophilic, invasive of another’s privacy,
ethnically objectionable, disparaging, relating or encouraging money
laundering of gambling, libelous, hateful, racist, violent, obscene,
pornographic, unlawful, or otherwise offensive, as determined by PG KHOJO
in its sole discretion, whether or not such material may be protected
by law. PG KHOJO may, but shall not be obligated to, review, monitor, or
remove User Content, at PG KHOJO's sole discretion and at any time
and for any reason, without notice to you.Â
Network Access and Devices
You are responsible for
obtaining the data network access necessary to use the Services. Your
mobile network's data and messaging rates and fees may apply if you
access or use the Services from a wireless-Â enabled device and you shall
be responsible for such rates and fees. You are responsible for acquiring
and updating compatible hardware or devices necessary to access and
use the Services and UC Platform and any updates thereto. PG KHOJO does
not guarantee that the Services, or any portion thereof,
will function on any particular hardware or devices. In addition, the
Services may be subject to malfunctions and delays inherent in the use of the
Internet and electronic communications.
4. PAYMENTÂ
You understand that use of
the Services may result in charges to you for the services you receive
from a Third Party Provider ("Charges'). After you have
received services obtained through your use of the Service, PG KHOJO will
facilitate your payment of the applicable Charges on behalf of the Third
Party Provider as such Third Party Provider's limited
payment collection agent. Payment of the Charges in such manner shall
be considered the same as payment made directly by you to the Third Party
Provider. PG KHOJO shall charge you a convenience fee ("Fee for
the Services provided by PG KHOJO to you. The Fee may be charged from you
at the time of booking of services on the platform or upon
the completion of service. Such Charges and Fee will be inclusive of
applicable taxes where required by law. Charges and Fee paid by you
are final and non-refundable, unless otherwise determined by PG KHOJO or
required by the relevant Consumer Law legislation. Under the relevant Consumer
Law legislation, you may be entitled to a refund for a major failure of
the Services, or other remedies for a minor failure. You retain the right
to request lower Charges or Fee from a Third Party Provider for
services received by you from such Third Party Provider at the time you
receive such services. PG KHOJO will respond accordingly to
any request from a Third Party Provider to modify the Charges for a
particular service. All Charges and Fee are due immediately
and payment will be facilitated by PG KHOJO using the preferred
payment method designated in your Account, after which PG KHOJO will send
you a receipt by email. If your primary Account payment method is
determined to be expired, invalid or otherwise not able to be charged, you
agree that PG KHOJO may, as the Third Party Provider's limited
payment collection agent, use a secondary payment method in your Account,
if available.Â
As between you and PG KHOJO, PG
KHOJO reserves the right to establish, remove and/or revise Charges
for any or all services obtainable through the use of the Services at any
time in PG KHOJO's sole discretion. Further, you acknowledge and
agree that Charges and Fees applicable in certain geographical areas
may increase substantially during times of high demand. PG KHOJO will
use reasonable efforts to inform you of Charges and Fees that may
apply, provided that you will be responsible for Charges and Fees incurred
under your Account regardless of your awareness of such Charges, Fees
or the amounts thereof. PG KHOJO may from time to time provide
certain users with promotional offers and discounts that may result in
different amounts charged for the same or similar services
obtained through the use of the Services, and you agree that such
promotional offers and discounts, unless also made available to you, shall
have no bearing on your use of the Services or the Charges applied to you.
You may elect to cancel your request for services from a Third Party
Provider at any time prior to such Third Party Provider's arrival, in
which case you may be charged a cancellation fee. Additionally, the applicable
taxes (whether direct or indirect)that are liable to be charged/ deducted
on cancellation fee will charged to you by PG KHOJO.Â
Further, PG KHOJO may from
time at time offer subscription packages to you, wherein, in exchange
for monetary consideration, additional benefits such as discounted
services from Third Party Providers will be made available to you. The said
benefits will only be available for a limited period as may be agreed
with you in advance. This payment structure is intended to fully
compensate the Third Party Provider for the services provided. PG
KHOJO does not designate any portion of your payment as a tip or gratuity
to the Third Party Provider. Any representation by PG KHOJO (on PG
KHOJO's website, in the Application, or in PG KHOJO's marketing materials)
to the effect that tipping is "voluntary," "not
required," and/or "included in the payments you make for
services provided is not intended to suggest that PG KHOJO provides any
additional amounts, beyond those described above, to the Third Party
Provider. You understand and agree that, while you are free
to provide additional payment as a gratuity to any Third Party
Provider who provides you with services obtained through the Service, you
are under no obligation to do so. Gratuities are voluntary. After you have
received services through the Service, you will have the opportunity
to rate your experience and leave additional feedback about your Third
Party Provider. It is clarified that the Charges and Fees
(respectively)Â shall be made only for the services provided by
the Third Party Provider to you and for the Services provided by Command
to vou.Â
5. DISCLAIMERS; LIMITATION
OF LIABILITY; INDEMNITY
LIMITATION SUBJECTTO LOCAL
CONSUMER LAWÂ Â THE LIMITATIONSAND DISCLAIMER INTHIS SECTION 5Â DO
NOT PURPORTTO LIMIT LIABILITY OR ALTER YOURÂ RIGHTS AS A CONSUMER THAT
CANNOT BE EXCLUDED UNDERAPPLICABLE LA\© INCLUDING THE
RELEVANTÂ CONSUMER LAW LEGISLATION.Â
DISCLAIMER
EXCEPTAS REQUIRED OF PG KHOJO
UNDERTHE IÂ CONSUMER GUARANTEES.THE SERVICES AREÂ PROVIDED "AS
IS" AND "AS AVAILABLE:' PG KHOJO DISCLAIMS ALL REPRESENTATIONS
ANDÂ WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOTÂ EXPRESSLY SETOUT
IN THESE TERMS. INCLUDING ANYÂ IMPLIED WARRANTIES OF MERCHANTABILITY.
FITNESSÂ FOR A PARTICULAR PURPOSE AND NON-Â INFRINGEMENT,AND MAKES NO
REPRESENTATION, WARRANT. OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY ORÂ AVAILABILITY OF THE SERVICES OR ANY
SERVICESÂ REQUESTED THROUGH THE USE OF THE SERVICES, ORÂ THATTHE
SERVICES WILL BE UNINTERRUPTED ORÂ ERROR-FREE. PG KHOJO DOES
NOTÂ GUARANTEE THE QUALITY, SUITABILITY, SAFETY ORÂ ABILITY OFTHIRD
PARTY PROVIDERS. YOU AGREE THATÂ THE ENTIRE RISKARISING OUTOFYOUR USE OF
THEÂ SERVICES, AND ANY SERVICE OR GOOD REQUESTED INÂ CONNECTION
THEREWITH. REMAINS SOLELYWITHÂ YOU,TO THE MAXIMUM EXTENT PERMI'LIED
UNDERÂ APPLICABLE LAW. INCLUDINGTHE RELEVANTÂ CONSUMER LAW
LEGISLATION. LIMITATION OF LIABILITY. IFYOU ARE ACQUIRING THE
SERVICES AS A CONSUMER, PG KHOJO'S LIABILITY FOR A FAILURE
TOÂ COMPLYWITH ACONSUMER GUARANTEE IS LIMITEDÂ TO: IN THE CASE OF
SERVICES SUPPLIEDTO YOU ASÂ PARTOF THE SERVICES UNDERTHIS
AGREEMENT,THEÂ SUPPLY OF THE RELEVANTSERVICES AGAIN. OR THEÂ PAYMENT OF
THE COST OF RESUPPLYING THE SERVICES. PG KHOJO'S LIABILITY TO YOU FOR
A BREACHÂ OF ANY CONDITION. WARRANTY OR TERM OF THISÂ AGREEMENTTHAT IS
NOTA BREACH OFA CONSUMERÂ GUARANTEE IS LIMITED IN THE FOLLOWING WAY:Â PG
KHOJO SHALL NOT BE LIABLE FORÂ INDIRECT. INCIDENTAL SPECIAL. EXEMPLARY.
PUNITIVEÂ OR CONSEQUENTIAL DAMAGES, INCLUDING LOSTÂ PROFITS. LOST DATA.
PERSONAL INJURY OR PROPERTYÂ DAMAGE RELATED TO, IN CONNECTION WITH,
ORÂ OTHERWISE RESULTING FROM ANY USE OF THEÂ SERVICES. EVEN IF PG KHOJO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PG KHOJOSHALL
NOT BE LIABLE FORANYÂ OAMAGES, LIABILIW OR LOSSES ARISING OUT OF:
(i)Â YOUR USE OF OR RELIANCE ON THE SERVICES ORÂ YOUR INABILITYTO
ACCESS OR USE THE SERVICES: ORÂ (ii) ANYTRANSACTION OR RELATIONSHIP
BETWEENÂ YOU AND ANYTHIRD PARTY PROVIDER. EVEN IF PG KHOJO HAS BEEN ADVISED
OF THE POSSIBILITY OFÂ SUCH DAMAGES. PG KHOJO SHALL NOT BEÂ LIABLE FOR
DELAY OR FAILURE IN PERFORMANCEÂ RESULTING FROM CAUSES BEYOND PG KHOJO'S
REASONABLE CONTROL. IN NO EVENTÂ SHALL PG KHOJO'S TOTAL LIABILITYTO YOU
IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION EXCEED RUPEES Ten thousand (INR 10000)Â PG KHOJO'S SERVICES MAY BE
USED BY YOU TOÂ REQUESTAND SCHEDULE HOME-BASED SERVICESÂ WITH THIRD
PARTY PROVIDERS. BUTYOU AGREE THATÂ PG KHOJO HAS NO RESPONSIBILITY
ORÂ LIABILITY TO YOU RELATED TO ANY HOME-BASEDÂ SERVICES PROVIDEDTOYOU
BYTHIRD PARTYÂ PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH INÂ TH ESE
TERMS. PG KHOJOWILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK. AND
WILL MANAGE THIS FRAMEWORK ON BEHALF OFTHIRD PARTY PROVIDERS. IN A
REASONABLE WAYAND IN ACCORDANCE WITHÂ THE NON-EXCLUDABLE REQUIREMENTS OF
THE RELEVANT CONSUMER LAW LEGISLATION. NOTWITHSTANDING ANYTHING
CONTAINED IN THESEÂ TERMS. PG KHOJOWILL NOT BE DEEMEDTO BEÂ IN DEFAULT
OR BE RESPONSIBLE FOR DELAYS ORÂ FAILURES IN PERFORMANCE RESULTING FROM
ACTSÂ BEYOND THE REASONABLE CONTROL OF PG KHOJO. SUCH ACTS SHALL INCLUDE
BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS.
PANDEMICS.TRADE EMBARGOES. FIRE. TYPHOONS, EARTHQUAKES, OTHER
NATURALÂ DISASTERS. ETC.Â
THE LIMITATIONSAND DISCLAIMER INTHIS SECTION 5Â DO NOT PURPORTTO LIMIT LIABILITY OR ALTER YOURÂ RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDEDÂ UNDER APPLICABLE LAW. INCLUDING ANY OF THEÂ NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANTÂ CONSUMER LAW LEGISLATION.Â
IndemnityÂ
You agree to indemnify and
hold PG KHOJO and its affiliates and their officers, directors,
employees and agents harmless from any and all claims, demands,
losses, liabilities, and expenses (including attorneys' fees) arising out
of or in connection with: (i)Â your use of the Services or services or
goods obtained through your use of the services; (ii) your breach
or violation of any of these Terms; (iii) PG KHOJO's use of your User
Content; or(iv) your violation of the rights of any third party, including
Third Party Providers ( 'Losses'). Your liability under this clause
shall be reduced proportionately if, and to the extent that, PG KHOJO
directly caused or contributed to any such LossesÂ
6. GOVERNING LAW:
ARBITRATION
There are a number of
mechanisms available to you to resolve any dispute, conflict, claim or
controversy arising out of or broadly in connection with or
relating to the Services or these Terms, including those relating to
its validity, its construction or its enforceability or with the services
provided by a Third Party Provider (any "Dispute"). PG KHOJO or
its affiliates operate a complaints process to allow you to
make complaints about PG KHOJO or Third Party Providers, and PG KHOJO
or its affiliates also manage refunds to you in relation to those
complaints. PG KHOJO or its affiliates will operate this complaints
process in a reasonable manner. You agree and acknowledge that you must
raise any Dispute with the Services or the services provided by a Third
Party Provider as soon as is practicable, but no later than 48 hours
from the time the Dispute arises. If you fail to raise a Dispute within 48
hours from the initial occurrence of such Dispute, PG KHOJO shall
be under no obligation to resolve such Dispute. If a Dispute is
reported more than 48 hours after the initial occurrence of the Dispute PG
KHOJO shall in its sole discretion choose whether or not to
attempt resolution of the Dispute. In addition, you may have rights
to make a complaint to fair-trading or consumer law bodies in relation
to applicable consumer laws, including the non- excludable portions of
the relevant Consumer Law legislation.Â
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be New Delhi, India. Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.Â
7. Other ProvisionsÂ
Claims of Copyright
Infringement. Claims of copyright infringement should be sent to pgkhojo.com@gmail.com Grievance
Officer. For the purposes of Consumer Protection Act, 2019 and rules
and regulations there under, the grievance officerÂ
of  PG KHOJO shall be:Â
Ms. SanehaÂ
PG KHOJO
Shop No. 21-24, Unique Mall,
Sonipat, Haryana, India, 131001Â
E-mail: pgkhojo.com@gmail.com
Phone: +918222922257
Timings: 10 AM - 5 PM,
Monday-Friday, excluding public holidays.Â
Notice
PG KHOJO may give notice by
means of a general notice on the Services, electronic mail to
your email address in your Account, or by written communication sent
to your address as set forth in your Account. You may give notice to PG
KHOJO by written communication to PG KHOJO's address at Shop No.
21-24, Unique Mall, Sonipat, Haryana, India, 131001Â
General
You may not assign or transfer
these Terms in whole or in part without PG KHOJO's prior
written approval. You give your approval to PG KHOJO for it to assign
or transfer these Terms in whole or in part, including to: (i) a
subsidiary or affiliate; (ii) an acquirer of PG KHOJO's equity, business
or assets;Â or (iii) a successor by merger. No joint
venture, partnership, employment or agency relationship
exists between you, PG KHOJO or any Third Party Provider as a result of
the contract between you and PG KHOJO or use of the Services.Â
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part there of that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words ''including and ''include" mean "including, but not limited to:'