TERMS AND CONDITIONS
Last Updated: 18th September 2023
These “Terms” apply to the usage of services accessible via https://www.servicepik.com and/or the ServicePik mobile app (referred to collectively as the “Platform”). They also encompass our privacy policy found at https://www.servicepik.com/privacy-policy (“Privacy Policy”) and any additional guidelines, terms, policies, or disclaimers provided by us periodically (“Supplemental Terms”). The Privacy Policy and Supplemental Terms are integral components of these Terms. If there is a conflict between these Terms and the Supplemental Terms regarding specific Services, the Supplemental Terms will take precedence.
These Terms establish a legally binding contract between ServicePik Technologies Private Limited, a company registered under the Companies Act, 2013, with its registered address at R-5, PNR House Green Park Market, New Delhi 110016, and its primary place of business at 2nd Floor B2/80, Janakpuri New Delhi – 110058 (“ServicePik,” “we,” “us,” or “our”), and you, a user of the Services or any legal entity that books Pro Services (defined below) on behalf of end-users (“you” or “Customer”). When you use the Services, you confirm that you possess the full legal capacity and authority to agree to these Terms and bind yourself to them. If you represent another individual or entity, you also confirm that you have the necessary power and authority to bind that person or entity to these Terms.
By using the Services, you acknowledge that you have read, comprehended, and are obligated by these Terms, including any future amendments, and that you will adhere to the stipulations outlined herein. These Terms take precedence over any prior written agreements with you. If you disagree with these Terms or cannot comply with the requirements herein, please refrain from using the Services.
1. SERVICES
(a) The Services encompass the Platform, which allows you to book and schedule various home-based services provided by independent third-party service providers (“Service Professionals”). As part of these Services, ServicePik facilitates payment transfers to Service Professionals for the services they provide to you and manages the collection of payments on their behalf.
(b) The services provided by Service Professionals are referred to as “Pro Services.” It’s important to note that the term “Services” does not encompass Pro Services. ServicePik neither delivers nor takes responsibility for Pro Services. The sole responsibility for offering or providing Pro Services through the Platform lies with Service Professionals. ServicePik and its affiliates do not employ, engage as agents, contractors, or partners, or have any representation arrangement with Service Professionals. Service Professionals do not possess the authority to legally bind or represent ServicePik.
(c) The Platform is designed for your personal, non-commercial use, unless stated otherwise in a separate agreement. Please be aware that the Platform is intended solely for use within India. If you choose to access the Services or Pro Services from a legal jurisdiction outside India, you will be considered as having accepted the ServicePik terms and conditions applicable to that specific jurisdiction.
(d) The Services are accessible under different brands that are either owned by ServicePik or licensed to ServicePik and its affiliates.
(e) An integral aspect of the Services involves ServicePik’s capacity to send you text messages, emails, or WhatsApp messages, which includes communications related to your bookings, utilization of the Services, and promotional or marketing efforts. Although you have the option to opt out of receiving these messages by contacting ServicePik at info@servicepik.com or using the in-Platform settings, it’s important to recognize and accept that this may have an impact on ServicePik’s ability to deliver the Services, or certain aspects thereof, to you.
(f) There may be situations where you must provide identification proof to access the Services or Pro Services, and you hereby consent to fulfill this requirement. Non-compliance with this request may result in your inability to utilize the Services or Pro Services.
2. USER CONTENT
(a) Our Platform may include interactive features or services that enable users with registered accounts to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or via the Platform, referred to as “User Content.”
(b) To ensure the effective provision of Services and for quality control, we may ask for your reviews of Service Professionals, and you acknowledge that Service Professionals may also submit reviews about you. It is imperative that you refrain from knowingly providing false, inaccurate, or misleading information in these reviews. These reviews are utilized by us for quality control and to assess the suitability of Customers and Service Professionals as Platform users. If, at our sole discretion, we conclude that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
(c) You provide us with a non-exclusive, global, perpetual, irreversible, transferable, sublicensable, and royalty-free license to:
(i) Utilize, publish, display, store, host, transfer, process, communicate, distribute, make accessible, modify, adapt, translate, and generate derivative works from the User Content, for the operation of, and in association with, the Services, and
(ii) Employ User Content for the specific purposes of advertising and promoting the Services, as well as presenting evidence before a court or competent authority in accordance with applicable laws.
(d) Regarding these Terms and the licenses granted in this clause, you hereby relinquish any claims arising from moral rights or analogous rights connected to the User Content.
(e) You consent and acknowledge that ServicePik, at its sole discretion, may remove or restrict access to User Content that violates these Terms without prior notice to you.
3. CONSENT TO USE DATA
(a) You consent to the collection and utilization of your personal data by us, as described in our Privacy Policy available at https://www.servicepik.com/privacy-policy. Our Privacy Policy outlines the types of personal data we collect and how we process it.
(b) In addition to any consent granted in compliance with the Privacy Policy, you also give your consent for us to share your information with our affiliates or third-party service providers. We may use data related to your use of the Services for Service provision, analytics, trend analysis, statistical purposes to improve our Services’ effectiveness and efficiency, and to offer beneficial schemes, new promotions, and enhance user experience.
(c) In compliance with applicable laws, government bodies or law enforcement agencies may direct us to disclose data pertaining to you in connection with criminal or civil proceedings. You acknowledge and agree that, in such instances, we have the right to share such data with the relevant agencies or entities.
4. BOOKINGS
(a) Ordering: The Platform allows you to request various Pro Services at your preferred time, subject to slot availability. To make a booking, follow the Platform’s instructions and provide necessary details. We make reasonable efforts to match you with a Service Professional available at your requested time. In the rare event that we cannot find a Service Professional for your chosen timeslot, we will contact you to arrange an alternative time.
(b) Confirmation: After placing a request, we will confirm the booking via SMS, email, or push notification. Once your booking is confirmed, you must proceed to make the payment in accordance with these Terms or as indicated on the Platform. Upon identifying a Service Professional for the requested Pro Services, you will receive confirmation within the app or through SMS, email, or push notification.
(c) Cancellations: Bookings canceled before confirmation on the Platform will not incur charges. ServicePik’s cancellation policy outlines applicable cancellation fees.
(d) Substitution: If a selected Service Professional becomes unavailable or cancels, we will offer you a replacement Service Professional from our registered providers.
5. PRICING, FEES, AND PAYMENT TERMS
(a) ServicePik retains the right to charge you for the various Services you may utilize and any other optional amenities as needed.
(b) Charges and Fees for Pro Services:
(i) For the Pro Services you request through the Platform, you are obligated to pay Service Professionals the specified amount at the time of booking, as well as amounts related to (a) any additional Pro Services you use, (b) out-of-pocket expenses incurred by the Service Professional, and (c) expenses related to the purchase of goods needed for the Pro Service (“Charges”). In addition to the Charges paid to Service Professionals, ServicePik may charge you a convenience fee for managing the booking and processing payments to the Service Professional (referred to as “Fees”). Please note that the final bill may include extra charges, such as a safety fee, warranty fee, insurance fee, or Service Professional welfare fee.
(ii) ServicePik will inform you of the applicable Charges, Fees, and payment methods during the booking process. Generally, you can pay for Pro Services using credit cards, debit cards, net banking, wallets, UPI, or cash upon completion of the Pro Service. We reserve the right to modify and limit available payment methods. If you choose ‘cash upon completion’ as the payment method, you acknowledge that you must pay both Charges and Fees to the Service Professional.
(iii) Payment of Charges and Fees may occur at the time of booking or upon completion of the Pro Service, as specified by ServicePik.
(iv) Taxes: All Charges and Fees are exclusive of applicable taxes.
(v) ServicePik reserves the right to reasonably adjust Charges and Fees at its discretion. Such changes in Fees will not affect confirmed bookings made before the updated Fees are published on the Platform.
(vi) Charges and Fees are generally non-refundable unless determined otherwise by ServicePik or as required by applicable laws. Certain laws may entitle you to a refund or other remedies in case of service failures.
(vii) You understand that Charges and Fees may significantly increase in specific geographical areas during peak demand periods. ServicePik will make reasonable efforts to inform you of these Charges and Fees, but you will be responsible for them regardless of your awareness when using Pro Services or Services.
(c) Payment Processors: We may employ a third-party payment processor (“Payment Processor”) to bill you using your chosen payment method. Payment processing will be subject to the Payment Processor’s terms and policies, in addition to these Terms. We are not liable for any errors made by the Payment Processor. In the event of an unsuccessful payment, any debited funds will be refunded according to the Payment Processor’s terms.
(d) Cancellation: You can cancel your service request with a Service Professional at any time before their arrival, but this may result in a cancellation fee as outlined in ServicePik’s cancellation policy. ServicePik retains the right to charge you or deduct applicable taxes for such cancellation fees.
(e) Subscriptions: ServicePik may offer subscription packages from time to time for a fee. These packages may provide additional benefits, including discounted Pro Services. You agree that subscription packages will be subject to additional terms and conditions, which will be considered an integral part of these Terms.
(f) ServicePik does not designate any portion of your payment as a tip or gratuity for the Service Professional. Any statements by ServicePik indicating that tipping is “voluntary,” “not required,” or “included” in payments for Pro Services do not imply that ServicePik provides additional payments to Service Professionals. You are free to provide additional payment as a gratuity to Service Professionals, but you are not obligated to do so. Gratuities are voluntar
7. CUSTOMER CONDUCT
(a) ServicePik strictly prohibits discrimination against Service Professionals based on factors such as race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. This includes, but is not limited to, refusing to accept Pro Services based on any of these characteristics.
(b) We kindly request that you treat all Service Professionals with politeness and respect, and ensure they have a safe, clean, and appropriate environment to perform the Pro Services. Service Professionals have the right to decline rendering Pro Services if they find that you haven’t provided a suitable environment or if you display discourteous, disrespectful, abusive, or otherwise inappropriate behavior toward them. We retain the right, at our absolute discretion, to restrict your access to the Services and Pro Services if we determine that your conduct toward any Service Professional is discourteous, disrespectful, abusive, or otherwise inappropriate, or if it violates the law.
(c) You agree to take responsibility for any discrimination against Service Professionals or any failure, whether intentional or not, to offer them a safe, clean, and suitable place to provide the Pro Services. Furthermore, you will disclose any information that might affect a Service Professional’s ability to perform the Pro Services or impact their health, safety, or well-being to both ServicePik and the Service Professional.
(d) If a Service Professional behaves in a discourteous, disrespectful, abusive, inappropriate, or unlawful manner, you agree to promptly report the incident to info@servicepik.com, but no later than 48 hours after the occurrence.
TERMS AND CONDITIONS https://www.servicepik.com/terms
(a) The Platform may incorporate services, content, documents, and information owned by, licensed to, or otherwise offered by third parties (“Third Party Services”) and may include links to Third Party Services. You acknowledge and understand that Third Party Services are the sole responsibility of the third party responsible for creating or providing them, and your use of such Third Party Services is entirely at your own risk.
(b) We do not make any representations and disclaim all warranties and liabilities related to these Third Party Services, including their accuracy or completeness. If you choose to use a Third Party Service, you will be subject to the terms and conditions and privacy policy of the third party providing that service. Additionally, all intellectual property rights related to Third Party Services belong to the respective third parties.
9. YOUR RESPONSIBILITIES
(a) You represent and warrant that all information that you provide in relation to the Services and Pro Services is complete, true, and correct on the date of
agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services and/or the Pro Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
(c) In respect of the User Content, you represent and warrant that:
(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
(ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
(iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
(iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
(v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(vi) the User Content does not and shall not violate any third party rights; and
(vii) the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services.
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
(iii) use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
(v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;
(vii) decompile, reverse engineer, or disassemble the Services;
(viii) link to, mirror, or frame, any portion of all or any of the Services;
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(a) You affirm and warrant that all information you provide regarding the Services and Pro Services is accurate, complete, and truthful at the time of accepting these Terms, and it will remain accurate, complete, and truthful while you use the Services and/or Pro Services. If any information you provided changes during the term of these Terms, you agree to promptly inform us of such changes. We do not assume any responsibility or liability for any loss or damage you may incur if any information, documentation, material, or data provided for accessing the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(b) You shall provide full cooperation to us in our defense against any proceedings initiated against us due to a breach of your obligations or covenants under these Terms.
(c) Regarding User Content, you assert and guarantee that:
(i) You hold all intellectual property rights (or have obtained all necessary permissions) to provide User Content and grant the licenses under these Terms.
(ii) You are solely responsible for all activities on or through your Platform account and all User Content.
(iii) The User Content does not and will not violate any of your obligations or responsibilities under other agreements.
(iv) The User Content does not and will not infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
(v) The User Content does not and will not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content.
(vi) The User Content does not and will not violate any third-party rights.
(vii) The User Content: (A) does not belong to any other person to whom you have no right; (B) does not threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognizable offense, prevent the investigation of any offense, or insult another nation; (C) is not defamatory, grossly harmful, blasphemous, pedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts or inhibits any other person from using or enjoying the Services.
(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the previous sentence, you shall not:
(i) Infringe upon any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party.
(ii) Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create derivative works from, or license the Services, except as provided hereunder.
(iii) Use the Services to transmit data, or send or upload material containing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful computer code designed to adversely affect computer software or hardware.
(iv) Use any robot, spider, automated device, or manual process to monitor or copy the Services or any portion thereof.
(v) Engage in systematic content retrieval from the Services to create or compile a collection, compilation, database, or directory, directly or indirectly.
(vi) Use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in a manner inconsistent with these Terms.
(vii) Decompile, reverse engineer, or disassemble the Services.
(viii) Link to, mirror, or frame any portion of all or any of the Services.
TERMS AND CONDITIONS https://www.servicepik.com/terms
(e) You guarantee that you will not engage in any activity that hinders or disrupts the Services.
(f) You shall not attempt to gain unauthorized access to any part or feature of the Services, any connected systems or networks, our servers, or the Platform itself through hacking, password mining, or any other unauthorized means.
(g) You shall not, directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or encourage the solicitation or approach of a Service Professional from whom you have received Pro Services to terminate their registration on or engagement with the Platform or to provide services identical or similar to the Pro Services independently, without booking the Pro Services through your Account. You acknowledge that this restriction is reasonable and necessary to safeguard the privacy and security of Service Professionals. This does not prevent you from obtaining services identical or similar to the Pro Services through the Platform or other means. You further agree that any potential harm to Service Professionals resulting from non-enforcement of this clause outweighs any potential harm to you.
10. OUR INTELLECTUAL PROPERTY
(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by ServicePik or ServicePik’s licensors.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.
- TERM AND TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of ServicePik or its affiliates, to access and use the Services, or (D) violate or breach the Community Guidelines, (ii) upon 30 (Thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
(c) You may terminate these Terms, at any time, for any reason by sending a notice to ServicePik at privacy@servicepik.com
(d) Upon termination of these Terms:
(i) the Account will expire;
(ii) the Services will “time-out”; and
(iii) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
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(a) All rights, titles, and interests in and to the Services, including all intellectual property rights arising from the Services, are either owned by us or licensed to us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable, and revocable license to use the Services in accordance with these Terms and any written instructions we provide from time to time. Any rights not expressly granted herein are reserved by ServicePik or its licensors.
(b) We may occasionally request that you provide us with suggestions and other feedback, such as bug reports, related to the Services (“Feedback”). We may use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you freely, without any requirement for royalty payment, acknowledgment, prior consent, or any other restrictions based on your intellectual property rights.
(c) Except as explicitly stated in these Terms, nothing in these Terms should be interpreted as granting you any rights or licenses to our intellectual property rights or those of any third party
TERM AND TERMINATION
(a) These Terms will remain in effect until terminated as described below.
(b) We may limit, deactivate, or terminate your access to or use of the Services, or any portion thereof: (i) immediately and at our sole discretion, if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, if you cease to be a user of our Services, if you do not or are likely not to qualify under applicable law or our standards and policies, or if you violate or breach the Community Guidelines; (ii) upon 30 days’ prior written notice to you; or (iii) immediately for any valid business, legal, or regulatory reason.
(c) You may terminate these Terms at any time, for any reason, by notifying ServicePik at privacy@servicepik.com.
(d) Upon termination of these Terms:
(i) Your Account will expire.
(ii) The Services will cease.
(iii) These Terms will terminate, except for clauses expressly or implicitly intended to survive termination or expiration.
12. DISCLAIMERS AND WARRANTIES
(a) The Services are provided on an “as is” basis without any warranties, express, implied, statutory, or otherwise, including but not limited to the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We make no warranty that the Services will meet your requirements or expectations.
(b) No advice or information obtained from us, whether oral or written, shall create any warranty not expressly stated in these Terms.
(c) While ServicePik strives to provide accurate information about Pro Services and Charges, pricing errors may occur from time to time.
(d) You acknowledge that we are solely a Platform connecting you with Service Professionals, and we are not responsible for any obligations not explicitly stated in these Terms. We are not liable for the fulfillment of any bookings, the performance of Pro Services by Service Professionals, or any acts or omissions of Service Professionals during the provision of Pro Services, including any property damage. When you book Pro Services through the Platform, you enter into a contract with the relevant Service Provider, and we assume no responsibility or liability, nor do we make any warranty, representation, or guarantee regarding the Service Professional’s performance under that contract.
(e) You agree that soliciting or receiving services from any Service Professional independently is solely at your own risk, and in such an event, you waive any rights you may have under these Terms.
(g) You accept full responsibility for any consequences arising from your use of the Services and Pro Services, and you acknowledge that we have no liability in this regard.
(h) ServicePik will maintain a complaints management framework and will manage this framework on behalf of Service Professionals in a reasonable manner and in accordance with the non-excludable requirements of applicable laws.
(i) To the fullest extent permitted by law, we, our affiliates, and our related parties disclaim all liability for any loss or damage arising from or related to:
(i) Your use of, inability to use, or availability or unavailability of the Services or Pro Services.
(ii) Any defects, interruptions, or delays in the operation or transmission of information to, from, or through the Services, communication failures, theft, destruction, or unauthorized access to our records, programs, services, servers, or other infrastructure related to the Services.
(iii) The failure of the Services to remain operational for any period of time.
(iv) The loss of any User Content and other data in connection with your use of the Services.
(j) In no event shall ServicePik, its officers, directors, employees, contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, even if ServicePik or an authorized representative has been advised of the possibility of such damages, arising from or related to (A) these Terms, (B) the Services or the Pro Services, (C) your use or inability to use the Services or the Pro Services, or (D) any other interactions with another user of the Services.
(k) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive for a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 10,000 (Rupees Ten Thousand).
(l) Nothing in these Terms shall exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
INDEMNITY
You agree to indemnify, defend (at our option), and hold us, our parent companies, subsidiaries, affiliates, officers, employees, directors, agents, and representatives harmless from any claims, demands, lawsuits, legal proceedings, losses, liabilities, damages, and costs (including all damages, liabilities, settlements, and attorneys’ fees) arising from or related to your access to the Services or Pro Services, use of the Services or Pro Services, violation of these Terms, or any violation of these Terms by any third party using your Account.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Any disputes or legal matters arising out of these Terms or the use of the Services shall fall under the exclusive jurisdiction of the courts in New Delhi.
(b) Any controversies, conflicts, disputes, or differences arising from these Terms shall be resolved through arbitration in New Delhi, following the Arbitration and Conciliation Act, 1996, which is incorporated by reference in this clause. The arbitration panel will consist of 1 (One) arbitrator appointed by ServicePik, and the proceedings will be conducted in English. The parties involved shall keep the arbitration confidential and shall not disclose any information unless required by law. The decision of the arbitrator will be final and binding on all parties, and each party will bear its own costs related to the dispute.
GRIEVANCE REDRESSAL
(a) If you have any complaints or queries related to the Services or these Terms, you may contact our designated Grievance Redressal Officer through registered post or email, as indicated below:
Email Address: info@servicepik.com
(b) We will ensure that your complaint is resolved within the timelines prescribed by applicable laws.
MISCELLANEOUS PROVISIONS
(a) Changes to Terms: These Terms are subject to revision at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. You are responsible for periodically reviewing these Terms for updates or changes. Your continued use of the Platform after such changes will constitute your acceptance of the revised Terms.
(b) Severability: If any provision of these Terms is deemed unlawful or unenforceable by a court or competent authority, the remaining provisions will remain in effect. If any unlawful or unenforceable provision could be lawful or enforceable by deleting a part of it, that part will be considered deleted, and the rest of the provision will remain in effect, unless this would contradict the clear intention of the clause, in which case the entire relevant provision will be considered deleted.
(c) Assignment: You may not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms or your Account without our prior written consent. We may grant or withhold consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to our affiliates, subsidiaries, parent companies, successors, or third parties without prior notice to you.
(d) Notices: All notices, requests, demands, and determinations to us under these Terms (excluding routine operational communications) should be sent to legal@servicepik.com.
(e) Third Party Rights: No third party shall have the right to enforce any terms contained herein.
(f) Force Majeure: We shall not be liable to you if we are prevented from or delayed in performing our obligations or conducting our business due to events beyond our reasonable control, including but not limited to strikes, utility service or telecommunications network failures, acts of God, war, riots, civil commotion, malicious damage, compliance with laws or governmental orders, rules, regulations, or directions.