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STANDARD TERMS AND CONDITIONS
- THE
SERVICES
- HydroPro
Enterprises 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 HydroPro Enterprises 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 HydroPro Enterprises 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
HydroPro Enterprises has agreed with you otherwise in a separate agreement. You
acknowledge that HydroPro Enterprises 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 HydroPro Enterprises or any of its
affiliates. HydroPro Enterprises accepts liability for the Services and the HydroPro
Enterprises Platform that it provides to you subject to these Terms. Third-party
providers are responsible for the services they provide to you.
- License.
- Subject to
your compliance with these Terms, HydroPro Enterprises grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to: (i)
access and use the HydroPro EnterprisesPlatform on your personal 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 HydroPro Enterprises and HydroPro
Enterprises 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 RO Care India; (iii) 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) attempt to gain unauthorized access to or impair any aspect
of the Services or its related systems or networks.
- Provision
of the Services.
- You
acknowledge that portions of the Services may be made available under HydroPro
Enterprises 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 HydroPro Enterprises 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 HydroPro Enterprises 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. HydroPro
Enterprises does not endorse such third-party services and content and in no
event shall HydroPro Enterprises 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.
- Ownership.
- The
Services and all rights therein are and shall remain HydroPro Enterprises property
or the property of HydroPro Enterprises 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 HydroPro Enterprises company names, logos, product and
service names, trademarks or services marks or those of HydroPro Enterprise's licensors.
- 3. YOUR
USE OF THE SERVICES
- 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, or 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 HydroPro Enterprises 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 HydroPro Enterprises in writing, you
may only possess one Account.
- User
Requirements and Conduct.
- 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 another 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 another method of
identity verification.
- No
Discrimination.
- HydroPro Enterprisespro
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 HydroPro Enterprises
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.
- 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 HydroPro Enterprises any
time by informing HydroPro Enterprises 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.
- Promotional
Codes.
- HydroPro Enterprises
may, in HydroPro Enterprises 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 HydroPro Enterprisesestablishes 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 RO Care
India; (iii) may be disabled by HydroPro Enterprises at any time for any reason
without liability to HydroPro Enterprises; (iv) may only be used pursuant to
the specific terms that HydroPro Enterprises establishes for such Promo Code;
(v) are not valid for cash; and (vi) may expire prior to your use. HydroPro Enterprises
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 HydroPro Enterprises 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.
- User-Provided
Content.
- HydroPro
Enterprises may, in HydroPro Enterprises sole discretion, permit you from time
to time to submit, upload, publish or otherwise make available to HydroPro
Enterprises 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 HydroPro Enterprises, you grant
HydroPro Enterprises 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 HydroPro Enterprises 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.
- 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 HydroPro Enterprises 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 HydroPro
Enterprises 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,
paedophilic, invasive of another’s privacy, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, libelous,
hateful, racist, violent, obscene, pornographic, unlawful, or otherwise
offensive, as determined by HydroPro Enterprises in its sole discretion,
whether or not such material may be protected by law. HydroPro Enterprises may,
but shall not be obligated to, review, monitor, or remove User Content, at HydroPro
Enterprises sole discretion and at any time and for any reason, without notice
to you.
- 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-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 HydroPro Enterprises Platform and any updates thereto. HydroPro
Enterprises 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. PAYMENT
- 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, HydroPro
Enterprises 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 a manner shall be considered
the same as payment made directly by you to the Third Party Provider.
- HydroPro Enterprises
shall charge you a convenience fee (“Fee”)
for the Services provided by HydroPro Enterprises you. The Fee may be charged to
you at the time of booking of services on the platform or upon the completion
of the service.
- Such
Charges and Fees will be inclusive of applicable taxes where required by law.
Charges and Fees paid by you are final and non-refundable, unless otherwise
determined by HydroPro Enterprises 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 Fees from a Third
Party Provider for services received by you from such Third Party Provider at
the time you receive such services. HydroPro Enterprises will respond
accordingly to any request from a Third Party Provider to modify the Charges
for a particular service.
- All
Charges and Fees are due immediately and payment will be facilitated by HydroPro
Enterprises using the preferred payment method designated in your Account,
after which HydroPro Enterprises 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 HydroPro Enterprises may, as
the Third Party Provider’s limited payment collection agent, use a secondary
payment method in your Account, if available.
- As between
you and HydroPro Enterprises, HydroPro Enterprises 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 at HydroPro Enterprise's
discretion. Further, you acknowledge and agree that Charges and Fees applicable
in certain geographical areas may increase substantially during times of high
demand. HydroPro Enterprises 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. HydroPro Enterprises 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 the cancellation fee will charged to you by
RO Care India.
- Further, HydroPro
Enterprises may from time to 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. HydroPro Enterprises does not designate any portion of
your payment as a tip or gratuity to the Third Party Provider. Any
representation by HydroPro Enterprises(on HydroPro Enterprises website, in the
Application, or in HydroPro enterprisesmarketing 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 HydroPro
Enterprises 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) shall be made only for the
services provided by the Third Party Provider to you and for the Services
provided by HydroPro Enterprises to you.
- 5.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
- Limitation
subject to local consumer law
- The
limitations and disclaimer in this section 5 do not purport to limit liability
or alter your rights as a consumer that cannot be excluded under applicable
law, including the relevant consumer law legislation.
- DISCLAIMER.
- Except as
required of HydroPro Enterprises under the consumer guarantees, the services
are provided "as is" and “as available.” HydroPro Enterprises
disclaims all representations and warranties, express, implied, or statutory,
not expressly set out in these terms, including any implied warranties of
merchantability, fitness for a particular purpose, and non-infringement, and
makes no representation, warranty, or guarantee regarding the reliability,
timeliness, quality, suitability or availability of the services or any
services requested through the use of the services, or that the services will
be uninterrupted or error-free. HydroPro Enterprises does not guarantee the
quality, suitability, safety, or ability of third-party providers. You agree
that the entire risk arising out of your use of the services, and any service
or good requested in connection therewith, remains solely with you, to the
maximum extent permitted under applicable law, including the relevant consumer law
legislation.
- LIMITATION
OF LIABILITY.
- If you are
acquiring the services as a consumer, HydroPro Enterprises liability for a
failure to comply with a consumer guarantee is limited to in the case of
services supplied to you as part of the services under this agreement, the
supply of the relevant services again, or the payment of the cost of
resupplying the services.
- HydroPro
Enterprises liability to you for a breach of any condition, warranty, or term
of this agreement that is not a breach of a consumer guarantee is limited in
the following way: HydroPro Enterprises shall not be liable for indirect,
incidental, special, exemplary, punitive or consequential damages, including
lost profits, lost data, personal injury or property damage related to, in
connection with, or otherwise resulting from any use of the services, even if HydroPro
Enterprises has been advised of the possibility of such damages. HydroPro Enterprises
shall not be liable for any damages, liability, or losses arising out of: (i)
your use of or reliance on the services or your inability to access or use the
services; or (ii) any transaction or relationship between you and any third
party provider, even if HydroPro Enterprises has been advised of the
possibility of such damages. HydroPro Enterprises shall not be liable for delay
or failure in performance resulting from causes beyond HydroPro Enterprises' reasonable
control. In no event shall HydroPro Enterprises' total liability to you in
connection with the services for all damages, losses, and causes of action
exceed rupees ten thousand (INR 10,000).
- HydroPro Enterprises
services may be used by you to request and schedule home-based services with third-party
providers, but you agree that HydroPro Enterprises has no responsibility or
liability to you related to any home-based services provided to you by third-party
providers other than as expressly set forth in these terms.
- HydroPro Enterprises
will maintain a complaints management framework and will manage this framework
on behalf of third-party providers, in a reasonable way and in accordance with
the non-excludable requirements of the relevant consumer law legislation.
- Notwithstanding
anything contained in these terms, HydroPro Enterprises will not be deemed to
be in default or be responsible for delays or failures in performance resulting
from acts beyond the reasonable control of HydroPro Enterprises. Such acts
shall include but not be limited to acts of god, riots, acts of war, epidemics,
pandemics, trade embargoes, fire, typhoons, earthquakes, and other natural
disasters. Etc.
- The
limitations and disclaimer in this section 5 do not purport to limit liability
or alter your rights as a consumer that cannot be excluded under applicable
law, including any of the non-excludable requirements of the relevant consumer
law legislation.
- Indemnity.
- You agree
to indemnify and hold HydroPro Enterprises 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) 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) HydroPro Enterprises 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, HydroPro Enterprises directly caused or contributed to any such.
- SMS Terms
and Conditions
- I hereby
authorize give consent to HydroPro Enterprises. to send me, either through
itself or through any third-party service provider, from time to time various information/alerts
/ SMS other messages or calls or commercial communication, and other services
on the aforesaid listed telephone numbers, whether these numbers are registered
with National Do Not Call Registry/ listed in National Customer Preference
Register or not. I also confirm that by sending any such messages/calls, I will
not hold HydroPro Enterprises. Its third-party service provider is liable /
institute complaint under the Telecom Commercial Communications Customer
Preference (TRAI) Regulations, 2010 or such other applicable regulations
including any amendment thereof, as may be applicable from time to time. It
will be auto-renewed every month and if you want to stop this service please
write an email to hydroproecom@gmail.com before
the due date or call our support number +91- 813-787-3660 also the
amount is debited from the account it will not be refunded.
- HydroPro Enterprises
may send you promotional email offers, or email you about your use of the
Services. Also, we may receive a confirmation when you open an email from us.
This confirmation helps us make our communications with you more interesting
and improve our services. If you do not want to receive communications from us,
please indicate your preference by contacting hydroproecom@gmail.com
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