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TERMS OF USE

PLEASE READ THESE TERMS OF USE, CAREFULLY. BY USING THIS Mobile Application, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS Mobile Application, IN ITS ENTIRETY.

  1. DEFINITIONS
    1. “Customer(s)” means the Users who register on the Mobile Application for taking a Product on rent (“Rental”) or to request contact information of the Service Providers registered on the Mobile Application.
    2. “End-to-End Facilitation Service(s)” shall mean the facilitation services being provided by the Mobile Application to its Product Listers and shall include but not be limited to delivery, coordinating returns, facilitating the payment transactions between the Product Lister and the Customer.
    3. “Feature(s)” shall mean the core activities of the Mobile Application which facilitates Customers to request contact information of trusted, validated Service Providers and/or Product Listers (whether individual or entity) through Mobile Application.
    4. “Facilitation Fees” shall mean the Fees payable by the Product Listers to the Mobile Application in the event they are availing the End-to-End Facilitation Services of the Mobile Application.
    5. “User(s)”, “You”, “Your” means any person who browses, views, accesses, subscribes to the Mobile Application or uses this Mobile Application and includes a Customer, Product Lister and Service Provider.
    6. “Use” or “Using” means the browsing, accessing, viewing, and usage of the Mobile Application by the Customer for taking the Products on rent, or availing the Services from the Product Lister or requesting contact information of a Service Provider.
    7. “We”, “Company”, “us” and “our” means Hodek Edge Private Ltd. a company registered under Companies Act, 2013, having its registered office at Survey No 732/A, 104B/105B, Leela Chambers, Leela Premises CHS Ltd. Pune-Satara Road, Bibwewadi Pune Maharasthra-411037 through the Administrator.
    8. “Mobile Application”, “Platform” means the Mobile Application “Ispick” duly owned, operated and maintained by the Company.  Company, Platform, and Mobile Application may be used interchangeably in these Terms of Use.
    9. “Order” shall mean an order requesting Product Lister to supply Products on Rental basis as per desired quantity, quality, price, place, time of delivery on making full payment for the same on the Mobile Application as per the terms of payment specified on the Mobile Application.
    10. “Listing Fees” shall mean the fees paid by the User for listing of Service provider Profile on the Mobile Application based on the Package (as defined hereinafter) selected Service Provider.
    11. “Product(s)” shall mean and include used products, listed by the Product Listers for renting with the Users on the Mobile Application, as detailed in Annexure A subject to approval of the Company.
    12. “Product Lister(s)” shall include the individuals or the entities that offer the Products on rent, through the Mobile Application.
    13. “Rental” shall include the renting out of listed Products by the Product Lister using the features on the Mobile Application.
    14. “Service Provider Profile(s)” or “Profile(s)”shall refer to a profile created by each Service Provider per category of Services to be provided by the Service Provider. The User ratings against each Profile can be viewed by all Users.
    15. “Service(s)” shall mean and include personalized, specialized, and customized services as listed by the Service Provider to be availed by the Customers, as detailed in Annexure B.
    16. “Service Provider(s)” shall include the individuals or the entities that offer personalized and customized services to Customers subject to approval by the Administrator of the Mobile Application.

 2. INTRODUCTION

  1. Welcome to our Mobile Application. Our Mobile Application offers various Products on Rental basis and Services to the Customer. We are a ‘one stop destination’ for meeting the day-to-day requirements of the Users whereby they shall be able to avail the Features of this Mobile Application. If You continue to browse and Use this Mobile Application, You are agreeing to comply with and be bound by these terms and conditions (the “Terms of Use”), which together with our Privacy Policy (the “Privacy Policy”) govern the Company’s relationship with You.
  2. These Terms of Use are an electronic record within the terms of the Information Technology Act, 2000 and generated by a computer system and do not require any physical or digital signatures. These Terms of Use are published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Rules”) that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Mobile Application by Users of this Mobile Application, being an intermediary for the purposes of the Rules and is posting these Terms of Use and Privacy Policy on this Mobile Application to comply with the Rules.

3.USER ACCOUNT

  1. In order to access the Mobile Application, You are required to register and create a user account (the “User Account”). You may create the User Account by submitting your mobile phone number. Post creation of the User Account, it shall be verified by OTP sent to your registered mobile number. At the time of registration, You shall be required to share certain information such as Your full name, address, city, state, email ID, bank account details (as applicable) etc. (the “Personal Information”) with the Company. You shall also be required to share Your selfie with clearly identifiable face image, Aadhaar card copy or other government ID for address verification etc. You are required to create a User Account before availing any Feature of the Mobile Application.  We may reach out to the User through email or call or message for verification of the Personal Information.
  2. You undertake and represent that the Personal Information provided by You is accurate, complete, and updated. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your User Account. You are responsible for maintaining the confidentiality of Your User Account, the Company shall not be liable in the event a third party interferes with Your User Account.
  3. You understand and acknowledge that the manner in which the Personal Information is being collected or accessed by the Company has been exhaustively covered in our Privacy Policy and the Company shall not be responsible for authenticating the Personal Information submitted by You for renting on the Mobile Application.
  4. In the event You wish to delete Your User Account, You may do so. In such an event all Your Personal Information shall be deleted. The Company reserves the right in its sole discretion to accept/refuse/reject registration or cancel User Account without any obligation of explanation. You will immediately notify the Company in writing of any unauthorized use of Your User Account, or any other breach of security or other known account-related security breach. A User is restrained from assigning or transferring his/her User Account to any third party, without the prior written consent of the Company.
  5. The Users shall have the option to browse on the Mobile Application, search the Products listed for Rental and Services listed by Service Providers, however for placing an Order through the Mobile Application, the User must create an account on the Mobile Application.
  • FEATURES OF THE MOBILE APPLICATION  

     A] RENTALS:

The Mobile Application Rental model supports Product Listers to list a variety of    products in various product categories which can then be rented by Customers for a specified duration.

  • Listing of Products:
  1. The Product Listers can list all their Products as per the Product category by providing details of the Products such as photographs, quality, quantity, pricing, availability of the Products and any other relevant details of the Products. The Customers understand that all claims relating to wrong or expired product and/or fake Product sold by the Product Listers shall be dealt with Product Listers directly. The Company shall not be responsible for the quality of the Products rented. The Company shall not be responsible for any claims related to the quality, size, shape, colour, look and feel, texture, style, etc. of the Products as they might appear different on the Mobile application. The Product Lister shall ensure that the details and information about the Products which are listed:
  2. shall not be inaccurate, fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, spurious, counterfeit, stolen goods;
  3. shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
  4. shall not consist of material that is an expression of bigotry, racism or based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and/or is in the nature of being derogatory, slanderous to any third party;
  5. shall not be obscene, contain pornographic or other inappropriate content, encourage money laundering or illegal gambling or harm or could harm minors in any way or otherwise unlawful in any manner whatsoever in violation of any applicable laws for the time being in force.;
  6. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any Products, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  7. The Company reserves the right to list multiple Products of same type or brand or multiple brands even if the listing price may vary for same Product of same brand.

2. Process for Listing of Products: For Listing the Products on the Mobile application, the information relating to such Products shall be communicated to the administrator of the Mobile application (“Administrator”). The Administrator shall screen the listed Products and only those Products which, in the opinion of the Administrator, are suitable to be displayed on the Mobile application shall be uploaded. Any such decision taken by the Administrator same shall be final and binding upon the Product Listers who shall not dispute of question the same. Further, the Product Listers understand and acknowledge that the Customers and Users may report any listed Products to the Company for reasons including but not limited to, the inappropriateness of the Products and/or in violation of the applicable laws. Any decision taken by the Company with regard to such reported Products shall be final and binding upon the Product Listers, and the Product Listers shall not dispute or question such decision taken by the Company.

  

  • Usage of Products: The Customer shall abide by the Company policy relating to the “Usage of Products”.
  • End-to-End Facilitation Service: Product Lister shall avail the End-to-End Facilitation Service of the Mobile application.  End-to-End Facilitation Services includes services like, product promotion, product verification, delivery and assurance services all jointly referred to as End-to-End Facilitation Services in consideration for which the Product Lister shall pay Facilitation Fees to the Mobile application. The Mobile application provides assurance services to the Product listers pursuant to the assurance program of the Company  (the “Assurance Program” )The Product Lister understands and acknowledges that this option is merely provided by the Company through the Mobile application, and the Company shall in no way be responsible for any consequences that may arise. The Company shall only be a facilitator and provide services of listing and delivery of products. The delivery of products will be facilitated by third party delivery partners of the Company.


    The Company shall not be held liable for any loss and/or damage caused to the product during transit/delivery by third party delivery partners to the Customer from the Product Lister and to the Product Lister from the Customer.Any return of the Products after expiry of rent period or for any other reason shall also be co-ordinated by the Mobile application. Once the product is returned to the Product Lister, it shall be the duty of the product lister to assess the product and check its quality and quantity. Complaints on defect in quality shall be raised by the product lister within 48 hours from the end of the rental period of product. (As per the Ispick Assurance T&C). Then Company shall then assess the complaint and reduce the security deposit if damage has occurred. The return of the Security Deposit shall be affected by the Company after assessing the condition of the Product. While assessing such condition, factors such as damage to the Product (if any) will be considered. If any damage, etc. is noticed by the Company, a deduction will be made from the security deposit.  Any decision taken by the Company in this regard shall be final and binding.

    The Product Lister or Customer can cancel the Order for Rental subject to the then applicable cancellation (“ Cancellation Policy”)  as informed on the Mobile application.

 

  •      DUTY OF PRODUCT LISTERS: 

The Product lister shall state the total rental period for which he/she wishes to rent product listed. The Product lister shall also state the dates on which the listed product shall not be available for rent.

The Product lister shall get messages from the Company for any enquiries made by any Customer for the product listed. The Product lister shall reply to the said enquiry within the time informed by the Mobile Application via in-app notification and/or sms. If the Product lister does not reply to the said enquiry before this time, the Company shall not be held liable for any loss of rental opportunity caused to the product lister for not answering to any enquiry.


 

     B] SERVICES:

The Mobile Application Services Model offers certain personalized, specialized, and customized Services of various Service Providers as detailed under Annexure A. The Customers can view such listed services and they can connect with these Service providers via their contact information shared by the Platform to enquire and/or avail such services.

The Service Providers thus agree to abide by the following Terms while rendering the Services:

  • STANDARD TERMS:

       The Service Provider(s) shall provide the Services subject to the following standard Terms:

  1. The Service Provider shall submit self-verified copies of the document’s basis the nature of Services to be listed, as detailed in Annexure B to these Terms at the time of verification at the Company office.
  2. The Service Provider shall ensure that the Services are conducted and delivered to the Customer(s) as per their  pre-agreed schedule.
  3. The Service Provider shall provide the necessary guarantees (if applicable), in relation to the Services.
  4. The Service Provider shall be solely responsible and liable for any discrepancies or failure in performing or delivering the Services. The Service Provider also agrees to pay any costs for any mishaps and/or deficient Services that may be provided to the Customers.
  5. The Service Provider agrees and confirms that the Company shall not be a party to any of the claims or disputes that may arise between the Customers and the Service Provider. The Service Provider shall be solely responsible for the Services provided to the Customers and shall ensure compliance of instructions and rules of the housing societies or offices where the Services are to be provided.
  6. The Service Provider shall be responsible for the timely delivery of the Services, as per the pre-agreed schedule of Services with the Customer, and duly completing the activities as mentioned in the Services.
  7. The Service Provider shall work in the best interests of the Company and the Platform. The Service Provider shall reasonably promote, market and advertise the Platform.
  8. The Service Provider shall be responsible for obtaining and maintaining, at its own expenses, all applicable permits, licenses, approvals, etc. required for carrying out the Services and for performing its obligations hereunder.
  9. The Service Provider represents that he/she has right to provide the Services, and shall provide full, correct, accurate and true description of the Services so as to enable the Customers to make an informed decision.
  10. The Service Provider shall not behave in an abusive, obscene and/or indecent manner with the Customers and shall not provide any abusive, obscene and/or indecent material for uploading on the Platform or while rendering the Services.
  11. All safety measures shall be provided by the Service Provider, while executing the Services to ensure the safety and security of the Customers and the Service Provider themselves.
  12. The Service Provider confirms that, in the event any dispute is raised by the Customers relating to the Services, material used and/or merchandise provided by the Service Provider, through the Platform, the Company shall not be responsible for any such claim whatsoever.
  13. The Service Provider confirms that Company shall not be held liable for generation of customers, as the Company acts only as a platform and does not guarantee any lead/ customer generation.
  • RESTRICTIONS
  1. The Service Providers shall not offer any Services on the Platform, which are prohibited, dangerous, against public policy, banned, unlawful, illegal, prohibited under applicable laws or which violate any of the intellectual property rights of any third party in respect of such Services.
  2. The Company reserves the right to refuse listing/de-list the Services provided by the Service Provider at any time.
  3. The Company may also reject the registration of the Service Provider at any time.
  4. The Company shall have the absolute right to promote or market the Services, which would be offered through the Platform. Services may be added or removed at any time without notice if the same do not fall within the purview of policies of the Platform.
  5. The Service Provider agrees not to provide any such description/information regarding the Services which amounts to a misrepresentation to the Customer or where the Company is being depicted or deemed to be the service provider of the Services.
  6. The Service Provider shall provide the Services as per the terms and conditions applicable to the Platform. Failure to provide the Services or failure to adhere to the said terms and conditions may be grounds for termination of the Service Provider’s account and these Terms.
  7. The Service Provider represents that the Services are free from any charge or encumbrance in favor of any third party.
  • Listing of Services:

The Mobile Application shall display a list of Service Categories supported. The Service Providers can select the category that is applicable to their Services on the Mobile Application. The Service Providers can list all Services they provide which shall include but not be limited to housekeeping, decoration, painting services, beauty parlour services, make up etc., in such category. The details of the Services like qualification of Service Provider, features, specialty, nature, pricing, photographs illustrating the Services, location and timings of availability of the Service Providers etc. shall be provided by the Service Provider at the time of creating the Service Provider Profile.

The Service Provider shall pay the Listing Fees to the Mobile Application for each new Service category being provided by the Service Provider. The Company shall act only as a Mobile Application for displaying the products and services of the Service Provider and shall not in any way assure a certain amount of lead generation to the Service Provider. The Company shall only help with promoting providers on the Company’s social media and other marketing avenues based on the Subscription model availed by the Service Providers. The service providers and the customers shall keep the Company indemnified from any issues and/or disputes related to scheduling appointments with the service providers or regarding their quality of service or product or regarding the payment for those services.

  • Listing/Subscription Fees:

The Mobile Application, from time to time, shall provide various listing packages (“Package (s)”) or (“Subscription(s)”) sometimes with various facilities such as trending list placement, search results priority etc, available to the Service Provider under the different Packages. The Listing Fees payable under each Package shall be different. The Service Provider shall subscribe for the Package most suitable to it and pay the Listing Fees in advance. In case of Package where no Listing Fees is required, Service Provider shall acquaint itself with the Packages available as per the then current policy of the Company before deciding the Package and Listing Fees to be paid. The Mobile Application may at its discretion change/amend any conditions pertaining to the Packages being offered to the Users or introduce new Packages as per the Company requirements.

  • Customer reviews and Feedback:

The Service Provider understands and acknowledges that the Customers may give Feedback and rating regarding the quality of Services and the same shall be displayed on the Profile for each Service Provider to enable the prospective Customers to view the Feedback before opting to connect with the Service Provider.

The Company’s decision on the reviews and feedback to be uploaded and displayed on the Platform shall be final and binding upon the Service Provider, and the Service Provider shall not challenge or counter any such decision taken by the Company in this regard.

  • Personal interaction with Customers:

The Service providers understand and acknowledge that the Company shall not be liable for their personal interactions with any Customer(s) in the course of providing the Services. These interactions are solely between them and such Customer. They agree and acknowledge that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or interactions. If there is a dispute between them and any Customer(s), or any third party, they understand and agree that we are under no obligation to get involved in such dispute. Views expressed by the Service Providers are their own. The Company does not accept any liability for any advice given or views expressed by the Service Providers to the Customers.

   C] REVIEWS AND FEEDBACK OF PRODUCTS/SERVICE PROVIDER:

Any User who has successfully completed a transaction using the Mobile Application can rate a particular Product Lister or Service Provider through the Mobile Application and provide its feedback relating to the same (“Feedback”). In case the Company receives a maximum of three (3) negative complaints against the Product Lister or the Service Provider, the Company shall have the right to revoke or deactivate the User Account of such Product Lister or Service Provider.

  • PAYMENT
    1. Upon adding the Product on the Mobile Application, the Product Lister must pay the Facilitation Fees to the Mobile Application for an End-to-End Facilitation.
    2. Service providers shall pay Listing Fees as per the Listing package availed in advance when registering their Service on the Mobile Application.
    3. For availing the End-to-End Facilitation Services in Rentals, the Customer payments shall be received by the Company and Company after deducting the Facilitation Fees and any other charges as applicable shall disburse the balance amount to the Product Lister. The Company reserves the right to increase the Facilitation Fees percentage at its discretion without any advance notice to the Product Listers. The balance payments are disbursed to the Product Lister on each Order basis for Rentals.
    4. In the event of any third-party costs incurred by the Company on account of deficiency in Services provided, inferior quality of Product or on account of usage of Product, the Company shall have a right to set off the costs debited by the Customer from the payments to be made to Product Lister.
    5. All fees are levied in Indian rupees and are inclusive of taxes. 
    6. Users shall pay to the Mobile Application for the Products/ Services through various modes of payment.
  • Debit Card/Credit Card/ IMPS/UPI.
  • Net Banking
  • E-Wallets

or any other mode of payment as may be acceptable to the Company. The Mobile Application is merely providing the User with payment channels through automated online electronic payments collection and remittance facility for the payment of Products or Services by the Customer on the Mobile Application using the existing authorized banking infrastructure and credit card payment gateway networks and shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a Customer having exceeded the credit limit with its bank or for any payment issue arising out of the transaction. The Customers understand and acknowledge that the Company does not collect and/or store any payment related information on its servers and the same is accessed and processed by the third-party payment gateways at all times.

7.Consideration for the Customers: The Customer understands that its access to the Mobile Application and use of the Features therein in compliance with the Terms of Use and its obligation to Mobile Application for the Products rented or the Services availed through the Mobile Application and the Product lister or Service Provider shall be an adequate consideration for its use of the Mobile Application

TAXES
  1. The Users shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) and any rules notified in connection therewith (collectively “GST Acts”) in respect of the Products/Services being provided through the Mobile Application. Product Lister/Service Provider shall be solely responsible for collection and remittance of applicable taxes with respect to the rental of the Products/ provision of Services, to the relevant government authorities in a timely manner and Company shall not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Product Lister/ Service Provider. Product Lister/ Service Provider hereby agrees to keep Company harmless and indemnified in this regard. The indemnity obligations of the Product Lister/ Service Provider contained herein shall survive the termination of this Agreement.
  2. Pursuant to the tax collection at source provisions under the GST Acts, the Mobile Application would collect tax collection at source at applicable rates on net value of taxable supplies made through the Mobile Application and remit to the appropriate Government.
  3. In case of any mismatches on account of tax collection at source, Product Lister/ Service Provider shall be required to provide all relevant information to Company to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
  4. Product Lister/ Service Provider shall also be required to provide your GSTIN at the time of your registration, without which Company will not be able to mention GST number on the Invoice raised on you and also not be able to update in the GST filings. In case if the product Lister / Service Provider updates the GST number at a later date, then the details of the transactions shall be updated on the GST portal only in respect of the transactions incurred post the date of updation on the portal.
  5.  
  6. In case of Rental if GST is charged by the Customer, then GST paid by the Customer needs to be reflected on the GST portal of the Company. If the same is not reflected, then the Company has a right to terminate the Rental Order and block the Customer. Any GST collected by the Customer but not reflected on the portal will be debited against the amounts payable to the Customer.
  7. TDS shall be deducted by the Company as per the provisions of the Income Tax Act, 1961, as amended from time to time at the time of making the payment to Service Provider/ Product Lister. Company shall issue necessary TDS Certificate for the above-mentioned deductions.
  8. The Mobile Application shall be charging a Tax collected at source (TCS) pursuant to the provisions of Goods and Services Tax Act 2017, as amended from time to time at the time of making the payment to Service Provider/Product Lister at the prevailing rates
USER CONTENT

You understand that Company does not control, and is not responsible for content as provided by the User, messages between Users, chat messages, Profiles of the Service Providers, content relating to the Products listed, files, images, photos, video, sounds, any other material made available through the Mobile Application (“User Content“), and that by using the Mobile Application and its Features, You acknowledge and agree that You are solely responsible for and must evaluate, and bear all risks associated with, the posting and use of any User Content. that You understand and acknowledge that the Company shall be pre-screening and approving the User Content and the Company has the right, in its sole and absolute discretion, to refuse, delete or move any User Content that is or may be available, for violating these Terms of Use and such violation being brought to Company’s knowledge. The Users shall be solely liable for any third party claim on account of the User Content. In connection with such User Content posted by You, You affirm, acknowledge, represent, warrant and covenant that You own or have and shall continue to have the necessary licenses, rights, consents, and permissions to use such User Content and authorize Company to use such User Content to enable inclusion and use of the User Content in the manner contemplated for availing the Features of the Mobile Application and these Terms of Use.

DATA SECURITY AND OWNERSHIP
  1. You agree and undertake not to reverse engineer, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information obtained from the Mobile Application. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Mobile Application is not permitted.
  2. All materials on this Mobile Application, including but not limited to images, sound, audio, music, video, graphics, software, text, icons, underlying source code, software scripts etc. (the “Mobile Application Content”), belong to the Company and are protected by relevant intellectual property rights laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Mobile Application whether owned/used by the Company or otherwise. By displaying them on this Mobile Application, the Company is not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.

THIRD PARTY CONTENT/ THIRD PARTY WEBSITES

General third-party information such as, Product catalogs, Product description and specifications, links to third party websites and other data from external sources is made available on the Mobile Application (“Third Party Content”). You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable or provided by the Product Listers/Service Provider in the process of advertising, exhibiting and offering to barter/rent the Products on the Mobile Application. All Third-Party Content is provided on an “As Is” and “As Available” basis. The Mobile Application and Third-Party Content available through the Mobile Application may contain links to other third-party websites (the “Third Party Websites“), which are completely unrelated to the Company. If You access the link to any Third-Party Websites, You may be subject to those Third-Party Websites’ terms and conditions and other policies. Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and Your linking to any other websites is completely at Your own risk and Company disclaims all liability thereto.

ANTI SPAM POLICY

You certify that You shall use the Mobile Application in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using any of the Features of the Mobile Application. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.

ADVERTISEMENTS

The Mobile Application may post, display, publish or provide advertisements at various places on the Mobile Application. If You access any of these advertisements the terms and conditions of those links will govern Your usage. These advertisements might set cookies on their websites which may use Your data, information for various other links. You are advised to refer to the relevant terms and conditions of the respective advertisements to know more about their practice. The Company does not endorse, recommend, market or warrant the advertisements, or quality, suitability, merchantability, fitness, commitment, reasonability of the products offered by such advertisements.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. If You are a Product Lister, You represent that You own the Product and are duly authorized to rent or barter the Product.
  2. If You are a Service Provider, You represent that, You are authorized, licensed and competent to provide the Services as per the prevailing industry standards.
  3. Your Feedback regarding the quality of Services provided does not contain any confidential or proprietary information, belonging either to You or any other third party; the Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback.
  4. Product Lister/Service Provider shall provide warranties and other collaterals to the Customers as applicable to Product or Services at the time of delivery of Product or Services.
  5. Product or Services shall confirm to the description and specification as provided in the Product Listing or Profile posted by the Product Lister or Service Provider on Mobile Application, as the case may be.
PROHIBITED CONDUCT:

You agree not to engage in any of the following activities:

  1. Violating laws and rights: You shall not (a) use the Mobile Application for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
  2. Solicitation: You shall not use the Mobile Application, or any information provided through the Mobile Application for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
  3. Disruption: You shall not use the Mobile Application in any manner that could disable, overburden, damage, or impair the Mobile Application, or interfere with any other party’s use and enjoyment of the Mobile Application; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Mobile Application, or violating any regulation, policy, or procedure of any network, equipment, or server.
  4. Harming others: You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incites the commission of an illegal act.
  5. Impersonation or unauthorized access: You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Mobile Application; You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Mobile Application, or the computer systems or networks connected to the Mobile Application, through hacking password mining or any other means.
INDEMNIFICATION

You agree to indemnify, defend and hold the Company, its partners, subsidiaries, affiliates, associates, successors, assigns and licensors or any of their respective officers, agents, vendors, licensors, representatives, advertisers, Product Listers/Service Provider harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys’ fees), arising out of Your use of the Mobile Application or resulting from any (i) breach or violation of these Terms of Use by You, or due to Your activities related to the Mobile Application or due to any breach of applicable laws (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Mobile Application or the Products and Services provided through the Mobile Application; or (iii) any claim that any Third Party Content/Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

DISCLAIMER AND LIMITATION OF LIABILITY

USER UNDERSTANDS THAT THE COMPANY IS JUST A FACILITATOR FOR THE PRODUCT LISTER/SERVICE PROVIDER, THE CUSTOMER AND USER TO TRANSACT THROUGH THE Mobile Application AND IS NOT LIABLE FOR THE QUALITY, QUANTITY, FEATURES OF THE PRODUCTS AND SERVICES LISTED BY THE PRODUCT LISTER/SERVICE PROVIDER RESPECTIVELY.  THE COMPANY SHALL BE UNDER NO OBLIGATION, LIABILITY OR RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF USE OF PRODUCTS, AVAILING OF THE SERVICES OR BARTER OF PRODUCTS BY THE USERS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO USE OF THE PRODUCTS OR SERVICES, ITS QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE Mobile Application INCLUDING, WITHOUT LIMITATION, POSTINGS AND USER CONTENT ASSOCIATED WITH YOUR USE OF THE Mobile Application, OR YOUR OWN INFORMATION AND DATA THAT YOU VOLUNTARILY SHARE ON THE Mobile Application. THE COMPANY DOES NOT ENDORSE, RECOMMEND, MARKET OR WARRANT THE PRODUCTS/SERVICES OR QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS, COMMITMENT, REASONABILITY OF THE PRODUCTS/SERVICES AND THE CUSTOMER/USER USES THE SAME AT ITS OWN DISCRETION. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS FOR USE OF THE PRODUCTS AND SERVICES BY THE USERS.

THE Mobile Application CONTENT, FEATURES, PRODUCTS LISTED AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT ALL FEATURES, FUNCTIONS OR OPERATIONS THEREOF WILL BE AVAILABLE. THE Mobile Application IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, MENTAL AGONY SUFFERED BY THE USER DUE TO SUCH DELAY ON ACCOUNT OF DELIVERY OF PRODUCTS/SERVICES. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE Mobile Application DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE Mobile Application THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY’S CONTROL. 

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE Mobile Application, THE COMPANY AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL PRODUCT LISTERS, ADVERTISERS, OR VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE USERS, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE PRODUCTS OR AVAILING OF ANY SERVICES THROUGH THE Mobile Application, OR FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS PROVIDED OR SERVICES AVAILED THROUGH THE Mobile Application, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, THE MAXIMUM LIABILITY OF THE COMPANY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED RUPEES ONE THOUSAND (RS.1000/-).

TERMINATION

You acknowledge and agree that Company, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate Your User Account, block Your e-mail or IP address, or otherwise terminate Your access to or use of the Mobile Application (or any part thereof), immediately and without notice, and remove and discard any User Content, for any reason or no reason at all, including, without limitation, if Company believes that You have violated these Terms of Use. Further, You agree that Company shall not be liable to You or any third-party for any termination of Your access to the Mobile Application or refund of any Subscription Fees or Listing Fees. Further, You agree not to attempt to use or access the Mobile Application after any such termination. You, as the User, waive any claims against the Company for any loss and damage suffered by You on account of Your failure to comply with these Terms of Use. In the event where the User Account is terminated for any reasons whatsoever, all pending services/rental orders will be canceled. Customers will be intimated of the same. Mobile Application will give an option to the Customers if they would like to get notifications of other Service Providers or Product Listers in the same category and accordingly information will be shared by the Mobile Application.

MISCELLANEOUS
  1. Force Majeure: Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Mobile Application or availability of the Products or Services, resulting directly or indirectly from act of nature, natural forces, or causes beyond its reasonable control.
  2. Entire agreement: These Terms of Use along with the Privacy Policy contain the sole legal understanding and agreement between You and the Company and supersedes any and all prior understandings. We reserve the right to terminate these Terms of Use, without prejudice to any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
  3. Changes: We have and continue to have the right to modify, change, substitute, remove, suspend or update these Terms of Use or any information in it at any time by sufficiently highlighting on the Mobile Application about such change. Such changes shall be effective immediately upon posting to the Mobile Application. This Terms of Use was last modified on 20th September’2024.
  4. Applicable law and dispute resolution: These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996, as amended from time to time, and shall be held in Pune. The language of arbitration shall be English.
  5. Contact Us:If You have questions, feedback or concerns, grievances for reporting and removal of objectionable User Content on the Mobile Application or regarding these Terms of Use, You can contact us as per this policy, or wish to make a complaint, please contact us at as support@ispick.com.  If You want to report any abuse or infringement, please contact us at support@ispick.com.

   “I ACCEPT”

ANNEXURE A

 PRODUCTS

  • Electronics:
  1. Mobile Phones
  2. Laptops
  3. Tablets
  4. Cameras
  5. Car/Vehicle related electronic items such as car speakers, chargers, phone holders
  6. Computer related goods such as monitors, keyboards, mouse, input devices
  7. Headphones
  8. Speakers
  9. Home theatre system
  10. DVD/Blu ray players
  11. AC
  12. Refrigerators
  13. Washing Machines
  14. Dishwashers
  15. Fans
  16. Air Coolers
  17. Water Purifiers
  18. Mixers/Grinders/Food Processors/hand blenders
  19. Induction cooktops
  20. OTGs/ovens/microwave
  21. Toasters/sandwich makers
  22. Coffee makers/juicers
  23. Air Fryers
  24. Vacuum Cleaners
  • Musical Instruments:
  1. Guitars
  2. Keyboards
  3. Drum Kits
  4. Classical/Wind Instruments
  • Fashion:
  1. Men’s Clothing
  2. Women’s Clothing
  3. Children’s Clothing
  4. Watches
  5. Sunglasses
  6. Bags/Luggage/Wallets
  7. Jewellery
  • Furniture
  • Home Furnishing:
  1. Bathroom Linen
  2. Bedding and linen
  3. Carpet rugs
  4. Curtains
  • Pet Supplies:
  1. Leashes
  2. Food Bowls
  3. Toys
  4. Mats
  • Fine Art/Home Décor:
  1. Paintings
  2. Idols/Figurines
  3. Clocks
  4. Artificial flora and fauna
  5. Mirrors
  6. Showpieces
  • Sports/Fitness/Outdoors Related Training Machine/Equipment For:
  1. Cricket
  2. Badminton
  3. Tennis
  4. Cycling
  5. Swimming
  6. Running
  7. Exercise/aerobics/fitness
  8. Yoga
  9. Camping/Hiking
  • Baby Products/Toys:
  1. Prams/Strollers
  2. Car seats
  3. Baby carriers
  4. Cribs, baby cots
  5. Walkers
  6. Baby gym
  7. Bouncy chairs
  • Vehicles:
  1. Four wheelers
  2. Two wheelers
  3. Cycles
  • DVDs, Blueray discs of Movies, Music albums
  • Books

 

SERVICES
  1. Pet related services such as grooming, walking, veterinary services, training, accessories, toys, food, day care, hostels, boarding, cake making, food making, photography, pet sitting;   
  2. Driving services;
  3. Housekeeping;
  4. Decoration services such as murals, sculptures, landscaping;
  5. Catering services for events, through personal chefs, cooks;
  6. Classes and tutor services for driving, cooking, fitness & health, music, dance, tailoring, art & craft;
  7. Painting services;
  8. Beauty parlour services, make up, massage etc.;
  9. Day care;
  10. Notary, document verification, Govt. related services;
  11. Travel services such as city tour guides;
  12. Wedding and event planning;
  13. Anchoring/compere, DJ, orchestra, music groups, bands;
  14. Care givers/nannies;
  15. Car repairing/mechanics;
  16. Gardening;
  17. Lifestyle services such as diagnostic testing at home, nutritionist, therapist, sustainability coach, personal shoppers, errand services, professional organizers;
  18. Pest control;
  19. Key Makers;
  20. Tailoring boutiques

Annexure B

Documents to be submitted at the time of registration:

Government ID: Any of the following

  • Aadhar card

  • Driving License

  • Passport

Occupational ID: Optional, Any of the followings

  • Offer Letter
  • Salary Slip
  • GST Certificate
  • Business Registration Certificate

Additional Documents: Any of the followings

  • Pan Card
  • Bank Statement
  • Electricity Bill
  • Property Tax
  • Lease Agreement

Other Documents: Course Certificates if any.