Terms and Conditions - ASH Expert Repair

CONTRACTUAL RELATIONSHIP

These Terms and Conditions govern the access or use by you, an individual, from within India of applications, websites, content, products, and services made available by ASH Expert Repair - Home Appliance Company, having its registered office at "H No: 2734, Kailash Nagar, Gandhi Nagar, New Delhi, India - 110031". Please Read These Terms Carefully.

Your access and use of the services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and "ASH Expert Repair". If you do not agree to the Terms and conditions, you may not access or use our 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 they will be disclosed to you in connection with the applicable services. They shall be deemed a part of, the terms for the purposes of the applicable services.

1. SERVICES

"ASH Expert Repair" will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as an independent third party provider access to and use of "ASH Expert Repair" mobile applications or websites to: (a) arrange and schedule delivery of services with end-users of those services, who have an agreement with "ASH Expert Repair" or its affiliates (b) determine the amount to be paid by the user to ASH Expert Repair for the services provided by you; (c) determine the maximum utilisation of your time while using the services; (d) take measures to maximise your earning potential; and (e) facilitate receipt of payments from users for services offered by you via our platform and generation of receipts for those payments.

2. INTELLECTUAL PROPERTY RIGHTS

"ASH Expert Repair" is the sole owner or lawful licensee of all the rights to the web site, and all software created to provide you with the Service. It provides you with a single limited license to download, use and access the website for the limited purpose of using the services. The license is specifically personal, non-exclusive, and non-transferable. All content on ASH Expert Repair website, which is including, but not limited to, designs, layout, text, images, graphics, sound, video, information, logos, software etc. and any other content are the exclusive and sole property of "ASH Expert Repair". The website content embodies trade secrets and intellectual property rights protected under the Indian laws. All title, ownership and intellectual property rights in the web site and app and its content shall remain with us, its affiliates or licensor's of ASH Expert Repair content, as the case may be.

All rights not otherwise claimed under this agreement or by ASH Expert Repair, are hereby reserved. The information contained on the website are intended, solely to provide general information for personal use, and will accept full responsibility for it.

"ASH Expert Repair" accept no responsibility for any errors, or for the results obtained from the use of this information. All information is provided with no guarantee of completeness, accuracy, or of the results obtained from the use of this information. Nothing herein shall to any extent, substitute for the independent investigations and the sound technical and business judgment of all the users. In no event shall ASH Expert Repair Hair be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service. Users of this site must hereby acknowledge that any content shall be at their sole risk. It reserves the right, in its sole discretion and without any obligation, to make improvements to, any error or omissions in any portion of the service or the website.

3. CHARGES AND PAYMENTS

You will make payment in full to the service provider introduced to you through us for any services provided. You are required to pay the minimum charges & repair charges along with the spare parts costs, if any installed or replaced or substituted in the products, to the service provider and the service charges rates. The service charges shall be updated from time to time and it shall be your responsibility to know the the prevailing minimum charges for those services. Also you should confirm the same from the service provider about the service charge for the repair before the initiation of the service. You agree to pay for all services you avail from the service provider either by cash, cheque, online payment, or any other payment method introduced by ASH Expert Repair and payment made is non-refundable. After the completion of the service, we will facilitate for you to receive a copy of the acknowledgement from the service provider on your registered e-mail account with "ASH Expert Repair".

4. ACCOUNTS

You have to be at least 18 years of age, to obtain an account, unless a specific service permits otherwise. Account registration requires you to submit to certain personal information, such as your name, address, mobile phone number and age, as well as valid government issued identification and trade licences, government approvals and requisite tax registrations. You agree to maintain accurate, recent, complete, and up-to-date information in your account at all times and you acknowledge that failure to do so can and will result in your access to the services being suspended without any given notice.
No person apart from yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access and use your account and that you will not share your login details (i.e. your username and password) with any other person. If it is reasonably suspected by ASH Expert Repair that you have shared your login credentials or allowed a person other than yourself to access and use your account, your access to the Account will be suspended without notice to you. In such cases where it is established that you have allowed another person other than yourself to access and use your account, these terms will stand terminated and your access to the services will be permanently revoked without notice to you.
You hereby acknowledge and agree that you and not "ASH Expert Repair" will be liable for your losses and damages (whether direct or indirect) caused by an unauthorised use of your account. Notwithstanding the foregoing, you may be liable for the losses of or others due to such unauthorised use.

5. DISCLAIMER

The information showcased on this website is for general purposes only. In no event will we be liable for any loss including without limitation, indirect or consequential loss or damage, or any loss or damage arising from loss of data or profits arising with the use of this website. Through this website, you are able to link to other websites which are not under the control of "ASH Expert Repair". The inclusion of any sites or links does not necessarily imply a recommendation or endorse the views expressed within them.

The information is provided by ASH Expert Repair and while we manage to keep the information up to date and accurate, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to the website or any other information, products, services, or graphics contained on the website for any purpose. Any reliance placed on this information is therefore strictly at your own risk.

6. EXUSABLE DAYS

Neither party shall be responsible for delays or failures in performance resulting from acts beyond reasonable control and without fault or negligence. Such delays or failures may be caused by, among other things, strikes, acts of God , lock-outs, riots, rebellions, accidental explosions, floods, storms, and similar occurrences.

7. INDEMNIFICATION

By accepting these user terms, you agree that you shall indemnify and hold "ASH Expert Repair", its affiliates, its licensors, and each of their officers, directors, other users, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs arising out of connection with: (a) violation of any term of these user terms or any applicable law, whether or not referenced herein; (b) your violation of any rights of any third party, including service providers arranged, or (c) your use or misuse of the website.

8. MISCELLANEOUS

1. In the event of any dispute between the parties in respect of this agreement, the construction of any provision of this agreement or the rights, duties or liabilities of the parties hereto under this agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the company and the arbitration shall be conducted according to the provisions of the Arbitration and Conciliation Act,1996. The arbitration proceedings shall and will be conducted in the English language. Any award made in such arbitration will be final and binding on all the parties. The arbitrator will have the power to order specific performance of this agreement.

2. The Courts of Delhi shall have exclusive jurisdiction in respect of any matters arising from the use of the services offered by ASH Expert Repair - Home Appliance Company or the agreement or arrangement between the service provider and the user. All claims and disputes arising under these Terms and Conditions should be notified within 30 days from the service date after which no claim shall be taken into account.

9. OWNERSHIP

The services and all rights therein are and shall remain ASH Expert Repair’s property or the property of the licensors. Neither these terms nor the use of these services convey to you any rights: (i) in or related to the services except for the limited licence; or (ii) to use or reference in any manner "ASH Expert Repair’s" company names, logos, product and service names, trademarks or services marks or those of ASH Expert Repair’s licensors.

10. SECURITY AND OFFERS & PROMOTIONS

"ASH Expert Repair" reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. All information collected from the users are on a bonafide basis.
Misrepresentation of identity or contact details will lead to termination of services automatically or the use of the platform without prior notice to such users.

User accounts bearing contact number and email IDs are created and owned by "ASH Expert Repair". Any promotional discounts, offers accumulated can be revoked without prior notice in account of suspicious account activity or malafide intent of the user.

In the case where the system is unable to establish a unique identity of the user with a valid mobile number and e-mail ID, the account shall be suspended. ASH Expert Repair reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information.

You are responsible for maintaining the privacy of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to:

Immediately notify ASH Expert Repair of any unauthorized use of your password or account or any other breach of security.
Ensure that you log out from your account every time at the end of the session.
Never use any other subscriber’s account without prior authorization from "ASH Expert Repair".

"ASH Expert Repair" shall not be liable for any loss or damage arising from your failure to comply with the above mentioned security measures.

11. LINKS TO THIRD PARTY SITES AND ADVERTISEMENTS

Links to third party sites are provided by web site as a convenience to user(s) and "ASH Expert Repair" does not have any control over such sites i.e. content and resources provided by them.

"ASH Expert Repair" may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned and warned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. ASH Expert Repair believes that to user(s) acknowledge ASH Expert Repair has no control over such third party's site, does not monitor such sites, and "ASH Expert Repair" shall not be responsible or liable to anyone for such third-party site, or any content, products or Services made available on such site(s). Aspects of the website and other ASH Expert Repair services may be supported by advertising revenue. As such, "ASH Expert Repair" may display advertisements and promotions on the service. The manner, mode and extent of advertising by "ASH Expert Repair" on the website are subject to change and the appearance of advertisements on the website does not necessarily imply endorsement by "ASH Expert Repair" of any advertised products or services. You agree that "ASH Expert Repair" shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as a result of the presence of such advertisers on the website.

12. THIRD-PARTY SERVICES

User’s interactions with independent contractors through the use of the platform or service of "ASH Expert Repair", including payment and delivery of goods, services, and any other terms, conditions, warranty or guarantee or representations associated with such dealings, are solely between the User and such third-party. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

13. NO EMPLOYMENT

The services are made available solely for your commercial use, unless "ASH Expert Repair" has agreed with you otherwise in a separate agreement. You acknowledge that there is no contract of employment between yourself and ASH Expert Repair and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these terms or your provision of services to Users. You will not seek and "ASH Expert Repair" will not provide any supervision, directions or control over the individual services that you offer to users. You will obtain and possess at your own cost and at all times, while accessing and using the services, the necessary approvals/licenses/tax registrations required to offer your services to users. You have no authority to bind "ASH Expert Repair" in any respect. You further acknowledge that "ASH Expert Repair" does not provide any of the services that you offer to users via the UC platform and that "ASH Expert Repair" does not function as a provider of the particular services that you are offering to users via the UC Platform. "ASH Expert Repair" only seeks to provide the UC platform wherein you and users can be brought together and has no role in the execution or provision of the services you provide to users. You are solely responsible for the services that you provide to the Users.

"ASH Expert Repair" accepts liability for the services and application that it provides to you subject to these terms.

14. FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall "ASH Expert Repair" be held liable for any damage or loss due to deficiency in performance of the service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures etc.

15. TERMINATION

Most content and some of the features on the website are made available to visitors free of charge. However, "ASH Expert Repair - Home Appliance Company reserves the right to terminate access to certain areas or features of its website at any time for any reason, with or without notice. "ASH Expert Repair" also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of "ASH Expert Repair" and/or other visitors to the website. "ASH Expert Repair" reserves the right to limit, deny or create different access to the website and its features with respect to different user(s), or to change any of the features or introduce new features without giving prior notice.

16. TERMS & CONDITIONS FOR USE OF SERVICEMEN

The following Terms & Conditions shall apply to customers utilizing the services offered by the company for the hiring of company servicemen:

The customer shall pay the service or labour cost, visit or transportation cost, item cost, convenience cost, and any fee or levy presently payable or imposed by the law or required to be paid for availing of the Local Services.

The customer has to ensure that he/she will not indulge in any of the following activities:

Misusing, or damaging any of the devices of the serviceman.
Asking the serviceman to break any rules for any purpose will give the serviceman the right to refuse such a request by the customer and also has the right to refuse such a work or leave such customer's house immediately.
Misusing the service for unlawful or unethical purposes or for causing nuisance, annoyance or inconvenience.
Sharing of confidential information such as your password/otp, etc.
The customer agrees and acknowledges that the use of the services offered by company is at the sole risk of the customer and that "ASH Expert Repair" disclaims all representations and warranties, whether expressed or implied as to condition, suitability, quality, and fitness for any purposes, are excluded to the fullest extent permitted by law.

Without prejudice to the above, ASH Expert Repair makes no representation or warranty that:

The services will meet the all customer's requirements / expectation
The services will be uninterrupted, timely, and or error-free
"ASH Expert Repair" shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of service offered by "ASH Expert Repair" or due to the failure of "ASH Expert Repair" to provide services to the customer for any reason whatsoever including but not limited to the customer's non-compliance with the services' recorded voice instructions, malfunction, total or partial failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of "ASH Expert Repair" or any person or any organization involved in the above mentioned systems.
"ASH Expert Repair" will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The customer shall indemnify "ASH Expert Repair" from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which "ASH Expert Repair" may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the services by the customer and shall pay such sums on demand to "ASH Expert Repair".
"ASH Expert Repair" is hereby authorized to use the location-based information provided by any of the telecommunication companies when the customer uses the mobile phone to make a service man booking. The location-based information will be only used to facilitate and improve the probability of locating a serviceman for the customer.
"ASH Expert Repair" shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the customer in the possession of "ASH Expert Repair" in any way, in its absolute discretion, deems fit or if it considers it in its interests to do so.
"ASH Expert Repair" shall be entitled at any time without giving any reason to terminate the booking of service men made by the customer.
"ASH Expert Repair" encourages all its customers to ensure the active supervision of the Serviceman. In case of lost items, "ASH Expert Repair" will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
If the customer suspects any service man of doing anything wrong (legal or illegal) or has any complaint in respect of the services or the use of the service men, the user has to inform ASH Expert Repair of the same in writing within 24 hours of using the services.
"ASH Expert Repair" shall not be liable for any conduct of the Independent Contractor. However, it encourages you to notify it of any complaints that you may have against any such independent contractor.
"ASH Expert Repair" shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at the website at "www.ashexpertrepair.com" on the date that "ASH Expert Repair" may indicate that such addition or variation or amendment is to come into effect.
"ASH Expert Repair" for quality and training purposes records all the calls made to the ASH Expert Repair’s call center.
All Servicemen registered with "ASH Expert Repair - Home Appliance Company" could be continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that ASH Expert Repair employs service providers and also hires independent contractors. "ASH Expert Repair" can disclaim any and all liability in respect of the independent contractors and their services provided.
"ASH Expert Repair" has the right to use the customer contact information for its own marketing purposes. "ASH Expert Repair" may send regular SMS updates to the mobile numbers registered with it.
The courts of Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by "ASH Expert Repair" or the agreement or arrangement between ASH Expert Repair and the Customer.

The above-mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and "ASH Expert Repair" with respect to access to and use of the web site and the Services offered by "ASH Expert Repair", superseding any prior written or oral agreements in relation to the same subject matter herein.

17. DISPUTE RESOLUTION

If a dispute arises between you and ASH Expert Repair - Home Appliance Company, we shall endeavor to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and "ASH Expert Repair" hereby agree to resolve any claim or controversy at law and equity that arises out of the Terms and Conditions in accordance with this section. Before resorting to filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

TRADEMARK

All related icons and logos are applied for trademarks or service marks of the brand in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of all these marks is strictly prohibited.

COPYRIGHT

All content on this website and app is the copyright of "ASH Expert Repair" except the third-party content and link to third party web sites on our website.

Systematic retrieval of content to create or compile, directly or indirectly, without written permission from "ASH Expert Repair" is prohibited.

In addition to this, use of the content for any purpose not expressly permitted in this agreement is prohibited and may invite legal action. As a condition of your access to and use of the services, you agree that you will not use the web site or app service to infringe the intellectual property rights of others in any way. ASH Expert Repair - Home Appliance Company reserves the right to terminate the account of users upon any infringement of the rights of others in conjunction with use of the service, or if they believe that users conduct is harmful to the interests of "ASH Expert Repair", its affiliates, or other users, or for any other reason in sole discretion, with or without cause.

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