A. Acceptance of Terms
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
B. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. You need not register with Spotle.ai to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Spotle.ai in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and login credentials (your "Third Party Site Password"). You are solely responsible for safeguarding your Spotle.ai password and, if applicable, your Third Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Spotle.ai immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Spotle.ai’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Spotle.ai will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Spotle.ai or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User." You acknowledge and agree that you shall comply with the following policies (the "Account Policies"): ∙ You will not copy or distribute any part of the Website in any medium without Spotle.ai's prior written authorization. ∙ You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. ∙ You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. ∙ You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Spotle.ai's prior written approval.
∙ You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site. ∙ You shall not in any way that transmits more request messages to the Spotle.ai servers, or any server of a Spotle.ai subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Spotle.ai reserves the right to revoke these exceptions either generally or in specific cases. ∙ You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Spotle.ai without express written permission from Spotle.ai.
∙ You shall not take any action that (i) unreasonably encumbers or, in Spotle.ai's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interfere or attempts to interfere with the proper working of the Website or any third party participation in the Website; or (iii) bypasses Spotle.ai's measures that are used to prevent or restrict access to the Website. ∙ You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. If you do not meet, or are unable to comply with, any of the above referenced membership eligibility criteria or Account Policies, please do not use the Website. Should Spotle.ai find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Spotle.ai reserves the right, at its sole discretion, to immediately terminate your use of the Website as well as initiate appropriate legal proceedings, if necessary.
3. ADDITIONAL POLICIES
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or ∙ unsolicited advertising or marketing of a service not offered on the Website or an external website.
3. NO DISCRIMINATION
1. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Spotle.ai will not knowingly accept any Posting which is in violation of the law. Spotle.ai has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in
violation of any law.
2. PROHIBITIONS WITH RESPECT TO SERVICES
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above referenced rules in connection with leaving Feedback, Spotle.ai, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
2. Reporting Inappropriate Use of Feedback. You may contact Spotle.ai regarding any inappropriate use of Feedback via email at email@example.com .
3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Spotle.ai shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, FRAPPERZ HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM. The foregoing lists of prohibitions provide examples and are not complete or exclusive. Spotle.ai reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Spotle.ai determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Spotle.ai reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that Spotle.ai deems appropriate in Spotle.ai's sole discretion. Spotle.ai may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Spotle.ai's discretion, Spotle.ai will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Spotle.ai does not and cannot review every Posting posted to the Website. These prohibitions do not require Spotle.ai to monitor, police or remove any Postings or other information submitted by you or any other user.
D. Rules for Service Professionals
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT FRAPPERZ FEES
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
company, and/or (3) with a link to the third party's website with any information in addition to the Service provided via Spotle.ai; (g) include third party endorsements in a Posting; or (h) create a Posting that does not offer a Service.
4. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above referenced rules in connection with his or her Posting, Spotle.ai, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
E. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) Commit to purchasing or using a Service without paying; (b) Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) Agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agrees to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Spotle.ai in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above referenced rules in connection with his or her Posting, Spotle.ai, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) Limit the Service User's Account privileges; (c) Suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
3. USER RESPONSIBILITIES SPECIFIC TO SERVICE USERS
Spotle.ai is a neutral platform enabling connections between service seekers and service providers. Although Spotle.ai does perform background checks of service providers, Spotle.ai does not assume any responsibility for the accuracy or reliability of this information or any information on the Service. Neither Spotle.ai nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any service provider of the service. Spotle.ai and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service. While the service providers have been verified and Spotle.ai shall make the best of efforts to resolve a dispute, we would advise users to exhibit the best of their discretion to make a choice. In case you have a dispute with one or more other service providers, you hereby release The Company/Spotle.ai, its directors, officers, employees, executives and consultants from claims, demands and damages (actual and consequential) of every kind or nature. Website or company would have no liability for any loss or damage incurring to you due to any communications or dealings with any of the service seekers, service providers, or other users on the web site. We are committed to making your experience on the Web Site a helpful one. If you are a service seeker, once you put in your requirement for the service provider, the website would inform the service providers qualified for that job. However, a service provider would apply for your job at his/her own discretion. Though we make a rigorous background check on service providers, we do not endorse or recommend services of any particular service provider. You understand and agree that we make no warranties about the service seekers. While we would try our best to avoid any payment related issues, we cannot be held responsible for payments not being made by service seekers in any form, and we would not make any payments to service providers, in case service seekers fail to do so. We include a rating system wherein service seekers and providers are rated by each other and regular offenders on both sites shall be barred from use of Spotle.ai at its sole discretion. We would advise you to use the best of your discretion to choose the service(s) and service provider(s).You are solely responsible for your interactions with other users of the website, your selection of a service seeker or service provider. The service providers are executives of the company on contract, and the company is not an executive of the service providers. Two days after a service is scheduled, if there is no complaint by the Spotle.ai Service seeker, the service will be marked as closed by Spotle.ai, the agreed upon payment will be transferred to the Spotle.ai Service Provider’s account, after which no complaint regarding the service completed will be entertained. The Service Payment must be paid through the Spotle.ai Web Service. Any Service Payments paid in cash outside of the Spotle.ai Web Service are NOT subject to refunds. The charges mentioned on the site are for services only and doesn’t include cost for replacements/parts or spare parts/warranties/guarantees/ consumables and other supplies including gas filling/refilling/recharging/re-fuelling, if required and hence NumeroSeven Technologies Pvt. Ltd. will not entertain any disputes arising in this matter. Any reimbursement expenses that are incurred by a Spotle.ai service provider in connection with the completion of a Service may, however, be paid in cash offline or through the Spotle.ai Web Service. Spotle.ai Service seekers are obligated to pay for the services of the Service, unless specifically notified otherwise. Spotle.ai Service seekers can also pay at the end of a completed Service transaction. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, Spotle.ai will charge your credit card according to the amount agreed upon between you and Spotle.ai for the use of the services of the Service, and you hereby authorize us to charge your credit card for such amounts. Spotle.ai retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction. No refunds or credits will be provided once the Spotle.ai Service seeker's credit card has been charged. At Spotle.ai's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Spotle.ai. While Spotle.ai will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Spotle.ai harmless for any damages that may result therefrom. Spotle.ai will use third party services to process credit card information. You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Spotle.ai's income).We include a rating system wherein service seekers and providers are rated by each other and regular offenders on both sites shall be barred from use of Spotle.ai at its sole discretion. The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of Spotle.ai. Links (such as hyperlinks) from Spotle.ai to other sites on the Web do not constitute the endorsement by Spotle.ai of those sites or their content. Such links are provided as an information service, for reference and convenience only. Spotle.aidoes not control any such sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from othersites. Spotle.ai expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold Spotle.ai harmless from any liability that may result from the use of links that may appear on the Service.
1.RULES OF CONDUCT: The Spotle.ai Service shall facilitate the User to order or book services online by using the Spotle.ai App and/or Website. You acknowledge, agree that you have complete responsibility while ordering services through the Spotle.ai App and/or Website. The User’s discretion is required while using the Spotle.ai Service. The Spotle.ai Service shall be used solely for User’s non-exclusive, non-assignable, nontransferable and limited personal use and for no other purposes. User’s Use of the Spotle.ai Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the Spotle.ai App and/or the Website.
2. ORDERING: You agree that, any contract for the service ordered through use of Spotle.ai App and/or Website is between You and Spotle.ai; any contract for the supply of Spotle.ai Service from the Spotle.ai App and/or Website is between You and Spotle.ai. You agree to take reasonable care when providing Spotle.ai with your details and warrant that these details are accurate and complete at the time of ordering a service. You also warrant that the credit or debit card details that You provide are of your own credit or debit card. Spotle.ai Service and/or Services purchased/availed from the Spotle.ai App and/or Website is intended for your use only and that You are acting as an end customer only and not as an agent for another party while using the Spotle.ai Service. You understand that some type of services may be suitable for Users within certain age ranges and gender only unless mentioned otherwise. It is your sole responsibility to check whether the service you are ordering is suitable for the intended recipient. You understand that, if the ordered service is within the capacity of the Spotle.ai or it's associated vendors, Spotle.ai will accept the contract and confirm it to you. If the details of the order are correct, the contract for the service will be confirmed by text message (SMS) and/or other medium to the User. In case the service offered by Spotle.ai is ordered, Spotle.ai will confirm availability together with or separately from service. The confirmation message will specify delivery details including the approximate service time specified by Spotle.ai. In case service is not possible for whatsoever reason, Spotle.ai will let you know by text message (SMS), phone call and/or other medium. You understand and acknowledge that in unforeseeable events or Force Majeure events, Spotle.ai may not be able to reach and/or communicate with You about the non-availability of the scheduled service.
3. PRICES AND PAYMENT: All prices listed on the Spotle.ai App and/or Website for services are correct at the time of publication and is as received vendors wherever applicable. While Spotle.ai takes great care to keep them up to date, the final price charged to you by Spotle.ai or the vendor may change at the time of delivery based on the latest menu and prices. Spotle.ai reserves the right to alter the menu of the services available for usage on the Spotle.ai App and/or Website and to delete and remove them if needed. All prices listed on the Spotle.ai App and/or Website for services by Spotle.ai or its associated vendors listed on the Spotle.ai App and/or Website reflect the price charged by Spotle.ai or the vendor or its service partner at the time of listing. In the event where the vendor or the service partner informs Spotle.ai immediately after placing the order by the User, about the change in price for the service, Spotle.ai will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time. All prices for services by Spotle.ai or a third party service provider assigned by Spotle.ai listed on the Spotle.ai App and/or Website is correct at the time of publication, however, Spotle.ai reserves the right to alter the same in future. The total price for services including all other charges, taxes, costs, if any, will be displayed on the Spotle.ai App and/or Website when you place your order. Foor orders that need an inspection or visit, the final cost towards the service will be confirmed after the inspection/ visit and before commencement of the service. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the Spotle.ai App and/or Website, by online payment including through credit card, debit card, netbanking or wallet. If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.
4. SERVICE: Service time quoted at the time of ordering are approximate only and may vary. Services will be delivered to the address as intimated by you while ordering. In case service is done by Spotle.ai or vendor or a third party delivery service provider assigned by Spotle.ai, Spotle.ai will take reasonable care to deliver in a timely manner. No responsibility is taken for late service by Spotle.ai in either case. All orders are serviced by reputable businesses. Spotle.ai and the vendor or service partners will make every effort to deliver within the time stated; however, Spotle.ai will not be liable for any loss caused to you by late delivery. If the service is not offered within the estimated delivery time quoted, User shall contact Spotle.ai by email and Spotle.ai will try to ensure that you receive your order as quickly as reasonably possible. In case of a late service, no charges will either be voided or refunded by Spotle.ai. All risk in the service shall pass to you upon availing the service though Spotle.ai takes ample precaution to avoid any such risks. If you fail to accept the service at the time they are ready or Spotle.ai is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the service shall be deemed to have been delivered to you and all risk and responsibilityin relation to such orders shall pass to you. Any storage, insurance and other costs which Spotle.ai incurs as a result of the inability to service shall be your responsibility and you shall indemnify Spotle.ai in full for such cost. You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service. Spotle.ai cannot be held liable for any damage, cost or expense incurred to such service as a result of a failure to provide adequate access or arrangements for service. Spotle.ai or the vendors or service partners, aim:
a.to offer services at the place of service requested by you in your order;
b.to deliver within the time confirmed in your order;
c.to inform you if they expect that they are unable to meet the estimated service time.
Spotle.ai, the vendors or the service partners shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. You understand and accept that it might not be possible for Spotle.ai, vendor or service partners to offer services to some locations. In such cases, Spotle.ai will inform you accordingly and arrange for cancellation of the order or service to any alternative delivery address.
5. CANCELLATION: You must notify Spotle.ai immediately if you decide to cancel your order, through the app or by phone. If Spotle.ai accepts your cancellation, no cancellation fee applies. If Spotle.ai is unable to accept your cancellation for some reason e.g. because task force has been allocated and/or task force is already out for service, the order for the service may not be cancelled. Spotle.ai may not be able to refund the money already paid for any cancelled order, for which service arrangements have been already made. Spotle.ai may cancel an order if the service unavailable for any reason. Spotle.ai will notify you if this is the case and return any payment that you have made. If the cancellation was made in time and once Spotle.ai has accepted your cancellation, Spotle.ai will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days. In the unlikely event that Spotle.ai offers a wrong service, you have the right to reject the service of the wrong order and you shall be fully refunded for the order if you decide not to opt for the correct service. The order’s completeness will be decided by comparing offered service with the booked service. You have the right to refuse a partial order. In cases of addresses being incomplete, Spotle.ai reserves the right to cancel such orders automatically.
4. Pick & Drop Services
Pricing: The price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that a product listed on the Mobile Application will not be sold at a price higher than its MRP (Maximum Retail Price). Although prices of most of the products do not fluctuate on a daily basis, some of the commodities may change on a daily basis.
Payments: While availing any of the payment method/s available on the Mobile Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
a) Lack of authorization for any transaction/s; or
b) Exceeding the preset limit mutually agreed by You and between "Bank/s"; or
c) Any payment issues arising out of the transaction; or
d) Decline of transaction for any other reason/s.
All payments made against the purchases/services on Mobile Application by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Mobile Application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Mobile Application.
Please note that: a) Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and Seller and payment facility is merely used by the You and Seller to facilitate the completion of the transaction. Use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Mobile Application. b) You have specifically authorized the Mobile Application or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery to and from other Users in respect of transactions through payment facility. Your relationship with Mobile Application is on a principal to principal basis and by accepting these Terms you agree that Mobile Application is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Mobile Application Mobile Application that are paid for by using the payment facility. Mobile Application does not guarantee the identity of any User nor does it ensure that a User or Seller will complete a transaction. c) You understand, accept and agree that the payment facility provided by Mobile Application is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash On delivery, collection and remittance facility for the transactions on the Mobile Application using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Mobile Application is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Return & Refunds: The Company takes no responsibility for the products sold by the sellers to You on Mobile Application. Items once sold cannot be returned through the Company. We encourage the Users to check with the particular Seller about their returns and refund policy before making a purchase through them.
Cancellation Policy: You must notify Spotle.ai immediately if you decide to cancel your order, through the app or by phone. If Spotle.ai accepts your cancellation, no cancellation fee applies. If Spotle.ai is unable to accept your cancellation for some reason e.g. because task force has been allocated and/or task force is already out for service, the order for the service may not be cancelled. Spotle.ai will not be able to refund the money already paid for any cancelled order, for which service arrangements have been already made. Spotle.ai may cancel an order if the service unavailable for any reason. Spotle.ai will notify you if this is the case and return any payment that you have made. If the cancellation was made in time and once Spotle.ai has accepted your cancellation, Spotle.ai will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days. In the unlikely event that Spotle.ai offers a wrong service, you have the right to reject the service of the wrong order and you shall be fully refunded for the order if you decide not to opt for the correct service. The order’s completeness will be decided by comparing offered service with the booked service. You have the right to refuse a partial order. In cases of addresses being incomplete, Spotle.ai reserves the right to cancel such orders automatically. If there are changes in the delivery slot time you requested or need to add more products, you need to call us on customer care number. however, if we suspect any fraudulent transaction by any User or any transaction, which defies the Terms of using the Mobile application, we at our sole discretion reserve the right to cancel such orders. We may maintain a negative list of all fraudulent transactions and Users and will deny access to them or cancel any orders placed by them.
Shipping Terms: Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Spotle.ai does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a nonproprietary and non confidential basis. You agree that Spotle.ai shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Spotle.ai. Spotle.ai may also disclose user information including personal information if Spotle.ai reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Spotle.ai’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO FRAPPERZ
4. FRAPPERZ'S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Spotle.ai is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spotle.ai with respect thereto, and agree to indemnify and hold Spotle.ai, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Spotle.ai may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Spotle.ai, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Spotle.ai is free to use, without any attribution or compensation to you, any ideas, knowhow, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Spotle.ai is not obligated to use, display, reproduce, or distribute any such ideas, knowhow, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
G. Copyright Infringement Take Down Procedure
H. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
Spotle.ai reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Spotle.ai shall not be liable to you or to any third party for any modification, suspension or discontinuance of Spotle.ai services.
2. TERMINATION BY FRAPPERZ
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
I. Intellectual Property Rights
1. FRAPPERZ OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Spotle.ai. Other trademarks, names and logos on this Website are the property of their respective owners. Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Spotle.ai reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. FRAPPERZ'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
J. Spotle.ai Fees
1. FEES INCURRED BY SERVICE PROFESSIONALS
Joining Spotle.ai, opening an Account, posting Services and viewing posted Services is free. Spotle.ai reserves the right at its sole discretion to charge fees to Service Professionals for other services that Spotle.ai may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by Spotle.ai, or conducting transactions with Service Users through Spotle.ai .Spotle.ai offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. Spotle.ai reserves the right to charge fees for these services at its sole discretion.
2. FEES INCURRED BY SERVICE USERS
Joining Spotle.ai, opening an Account, viewing posted Services, and bidding on posted Services is free. Spotle.ai currently does not charge Service Users for transactions completed on the Website between Service Users and Services Professionals. However, Spotle.ai reserves the right to charge a fee to Service Users in the future on a per transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Spotle.ai has provided you with thirty (30) days' notice by posting the changes on the Website.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Spotle.ai shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
5. REFUND POLICY
All sales on Spotle.ai are final and nonrefundable. However if you are not happy with a service, we will provide either a free rework or refund provided the issue is brought tour notice within 48 hours of completing a service and can be reasonably attributed to negligence or lack of skill of the service provider. We will also refund your money if you cancel a service. A small cancellation fee may be charged.
K. Negotiation of Terms of Service; Disputes Between Registered Users
1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Spotle.ai provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Spotle.ai makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Spotle.ai be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
2. FRAPPERZ IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that Spotle.ai is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Spotle.ai only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Spotle.ai itself has not role in the execution or provision of Services.
3. NO AGENCY OR PARTNERSHIP
4. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Spotle.ai does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Spotle.ai may attempt to seek information about the background of a Service Professional, either via a telephonic or in person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by Spotle.ai is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Spotle.ai only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE FRAPPERZ only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Spotle.ai itself has not role in the execution or provision of Services ITSELF, URBAN CLAP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT FRAPPERZ IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE FRAPPERZ, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS,AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE,KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
L. Dispute Resolution
1. GOVERNING LAW
Aspects of the Website and other Spotle.ai services may be supported by advertising revenue. As such, Spotle.ai may display advertisements and promotions on the service. The manner, mode and extent of advertising by Spotle.ai on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Spotle.ai of any advertised products or services. You agree that Spotle.ai 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 the result of the presence of such advertisers on the Website.
N. Third party
O. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND FRAPPERZ AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. FRAPPERZ DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FRAPPERZ DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. FRAPPERZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
P. Limitations of Liability
1. IN NO EVENT SHALL FRAPPERZ, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A
SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FRAPPERZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF FRAPPERZ, OR ANY OF THE ABOVEREFERENCED RESPECTIVE PARTIES,
are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Q. Indemnification and Release
R. No Third party Beneficiaries
T. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS