Terms & Conditions

 

DISCLAIMER: PLEASE TAKE NOTE THAT ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE WWW.BHAIYAJIONLINE.COM MOBILE APPLICATION OR PURCHASES MADE OTHERWISE FROM BHAIYA JI ONLINE PRIVATE LIMITED INDICATES YOUR AGREEMENT TO THESE USER TERMS AND CONDITIONS OF USE SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

1. Electronic Record

1.1 The present document shall constitute and be deemed to be electronic record as defined and in accordance to the provisions of the Information Technology Act, 2000 and the rules made there under, applicable to electronic record, as well as any amended provisions including but not limited to legislations stipulated in various statues relating to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.2 This document is being published on www.bhaiyajionline.com and its Mobile Application in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

 

2. Introduction

2.1 We thank You (Customer/User/You/Your) for registering with Bhaiya Ji Online Private Limited and/or Bhaiya Ji as its brand, (We/Us/Our/Bhaiya Ji) on www.bhaiyajionline.com (Website) as well as on our Mobile Application (App). Your agreement with us includes these User Terms and Conditions of Use (Terms) and our Privacy Policy (together the Policies). If You don't agree with these Terms, then please don't use our services (defined later). Please note that You will not be able to book services offered by Bhaiya Ji, if You have not clicked and accepted these Terms.

2.2 By agreeing to these Terms, You hereby agree to the following: (i) That You are at least 18 years of age or older to consent to these Terms. (ii) That You have the power to enter a binding contract with Us and are not barred from doing so under any applicable laws. (iii) That any registration information that You submit to Us is true, accurate and complete, and You agree to keep it that way at all times.

 

3. Membership Eligibility

Use of the Website and/or the App as well as other services provided by Bhaiya Ji are available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/App or place orders telephonically. If You are a minor i.e. under the age of 18 years, You shall not register as a member of the Website/App and shall not transact or use the Website/App or avail any Services. It is however clarified that whilst registering as a member of the website or placing any order telephonically, Bhaiya Ji shall solely rely upon the information provided by You and representations made. In the event the information provided is found to be incorrect, You undertake to indemnify Bhaiya Ji and hold Bhaiya Ji harmless against any third party civil or criminal claim.

 

4. User Account, Password and Security

For any purchases to be made through the Website/App directly it is mandatory for You to become a member. Upon registering Yourself, You will receive a One Time Password (OTP) and account designation upon completing the Website/App's registration process. Every time You log in, You will require Your handheld telephonic device to complete the log in. Each time You log in, You will be assigned an unique OTP. You are responsible for maintaining the confidentiality of the OTP and account, and are fully responsible for all activities that occur under Your account. You agree to (a) immediately notify Bhaiya Ji in case of any unauthorized use of Your account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Bhaiya Ji cannot and will not be liable for any loss or damage arising from Your failure to comply with this clause.

 

5. Use of Our Services

5.1 You understand and agree that by registering with Bhaiya Ji, You will be able to opt for wellness, grooming, beauty services and hyper local services of Home & Office (Service) within the premise and comforts of Your home. Bhaiya Ji is only an aggregator/marketplace for technicians of different grades and calibre.

5.2 The rates that apply to our technicians are basis their skill and training, depending on which our technicians charge up to Rs 18/- per minute for their services. However, the ratings for all our technicians are dynamic and driven by customer feedback and are therefore subject to change from time to time.

5.3 At Bhaiya Ji, all appointments are booked online through our Website/App or telephonically and are subject to availability of technicians and service slots. In the event You have booked an appointment, and our technicians fail to reach You on time, every attempt will be made to inform You of such delay.

 

6. User Account

6.1 By choosing to opt for a home service a service You understand and agree that while our aim is to deliver a great service experience every time, there are certain obligations on You as Customer as well.

• You shall be liable to make complete payment for all Services availed as per the invoice presented to You after use of Services which shall include service fees, product costs and statutory taxes.
• You shall ensure that there is no misuse, soiling and/or damaging of any of the devices/products (technical and/or non-technical) used by the technicians.
• You shall not at any time ask the technician to commit/omit doing any act that is contrary to the model adopted by the technicians in course of rendering Services. Our technicians have the right to refuse a service request from the Customer for any reason whatsoever. In case of any grievance in this regard, You are advised to kindly contact our customer care for complaints and assistance.
• You or any member within Your home premise, shall not at any point misbehave with our technicians, harass or use abusive language or use physical violence and/or behave in any manner that is unlawful. In the event You are unhappy with the Services, You may ask our technicians to leave, followed by lodging a complaint/feedback on our Website/App. We will get back to You with specialized assistance within 24-48 hours of receipt of the message.

6.2 Bhaiya Ji endeavours to provide a comfortable and flawless experience to all its customers. However, in case of any loss or damage suffered by the Customer arising directly out of the technician's fault and solely attributable to the negligence of the technician in course of rendering Services, the total liability of Bhaiya Ji shall in all cases be limited to an amount not exceeding Rs 10,000/- (Rupees Ten Thousand Only) subject to a detailed enquiry and inspection by Bhaiya Ji. Bhaiya Ji shall not be liable for any damages of any kind arising from the use of the Services in case such damage is incidental, punitive, and consequential.

6.3 Bhaiya Ji encourages all its Customers to take full responsibility of their belongings. In case any items or belongings of the Customer is found to be missing post availing Services, the Customer shall have to notify Bhaiya Ji within twenty four – forty eight (24-48) hours from the time of availing such Services. Bhaiya Ji shall try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.

6.4 If the Customer suspects any wrongdoing (legal or illegal) or has any complaint in respect of the Services or regarding the technicians, the Customer is encouraged to inform Bhaiya Ji of the same in writing within 24-48 hours of using the Services of Bhaiya Ji. Bhaiya Ji shall not be liable for the conduct of its technicians.

 

6.5 Cancellation of Services: In the event the Customer has booked a service on the Website/App and made an online payment for same, Bhaiya Ji shall send a message using Short Messaging Service (SMS)/Whatsapp to the designated contact number of such Customer, confirming such Services and acknowledging such payment. In the event the Customer cancels the appointment, once the payment for the same is made, the Customer shall have the following options for refund:

• Refund of entire amount paid, in to the designated bank account of such customer. This may take up to 14 working days depending on the bank of the customer or will refund immediately to his/her app wallet.
• Refund of entire amount paid, into the Bhaiya Ji Wallet of the Customer. The amount shall remain in the Customer's wallet, and may be redeemed by the Customer on their next purchase.
• Sometimes it may be charged upto 100% of service value.

 

7. Intellectual Property Rights

7.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Bhaiya Ji owns all Intellectual Property Rights to and in the Website/App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce or distribute any content from the Website/App belonging to Bhaiya Ji without obtaining an express authorization from Bhaiya Ji.

7.2 Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of our Services. However, with regard to the product customization Service (as against other Services like blogs and forums) You expressly agree that by uploading and posting content on to the Website/App for public viewing and reproduction/use of Your content by third party users, You accept as the User whereby You grant a non-exclusive license for the use of the same.

 

8. Indemnification

You agree to indemnify, defend and hold harmless Bhaiya Ji from and against any and You shall indemnify and hold harmless Bhaiya Ji, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.

 

9. Pricing

Prices for products and Services are described on our Website/App and are incorporated into these Terms by reference. All prices are in Indian rupees and are subject to change at the sole discretion of Bhaiya Ji without prior notice to the Customer.

 

10. Termination

10.1 Bhaiya Ji may de-register You from its platform and/or terminate Your use of the Website/App or its Services if it believes, in its sole and absolute discretion that You have breached, violated, abused, or unethically manipulated or exploited any of these Terms.

10.2 Notwithstanding anything These Terms will survive indefinitely unless and until Bhaiya Ji chooses to terminate them.

10.3 If You or Bhaiya Ji terminates Your use of the Website/App or any Service, Bhaiya Ji may delete any content or other materials relating to Your use of the Service and Bhaiya Ji will have no liability to You or any third party for doing so.

10.4 You shall be liable to pay for any Service or product that You have already ordered / used till the time of Termination by either party whatsoever.

 

11. Governing Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. In the event of dispute between the parties pertaining to these Terms as well as for any Service/product sold by Bhaiya Ji through the Website/App or for bookings made telephonically, the same shall be subject to the exclusive jurisdiction of the of the courts at LUCKNOW (Uttar Pradesh) - INDIA

 

12. Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

 

13. Amendment

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior notification to user(s) and the amended and revised Terms shall be effective forthwith. Your continued use of our Services will signify Your deemed acceptance of the revised Terms.