e) You acknowledge and agree that while availing services from the KLIKLY website you shall not:
Fail to deliver payment for the services purchased by you
Circumvent or manipulate the fee structure as provided by the service provider or KLIKLY, the billing process or fees owed to KLIKLY
Post false, inaccurate, misleading defamatory or libellous content
Post content or items in any inappropriate category or areas on the Website
Provide a link to a third party website from where the user will obtain the services directly
f) The service professional / provider agrees and acknowledges that he/she will not provide any information about himself / herself which is wrong and / or misleading with respect to various aspects including but not limited to title, location, qualification, degrees, keywords, etc. Further that no inappropriate words should be used. The service professional additionally agrees that he/she shall not provide a link to a third party website from where the user will obtain the services directly.
g) Users agree and acknowledge that KLIKLY can make any information available to third parties, if required for any purpose at the discretion of KLIKLY. A user may be removed from the portal without notice by KLIKLY in case it is found that the user is doing something fraudulent or misusing the website.
3. RESTRICTION ON USE
4. TRANSFERABILITY OF ACCOUNT
a) The account which the user has created is meant specifically to be used by you and the same is not transferable and it is not allowed that someone else uses the same. If the account is used by someone else, it is presumed that the account concerned is being used by the actual user authorized to use the account. In case of any loss, damage etc. to the actual user is caused by the unauthorized user, "Klikly" is not liable for the same. You will not be allowed to download any material from the website, except with the prior written approval of the company.
b) The company will have the right to take corrective and penal measures if a fault is committed by the user.
5. PRIVACY AND CONSENT
Users and Service Providers agree and acknowledge that
a) KLIKLY is not obligated to maintain confidentiality of any and/or all the information submitted by you, including but not limited to profile, offers, suggestions, feedback etc. and shall not be liable for the same including any information given by the user to locate a professional.
b) Any information shared by you is used by the website with your express consent for the purpose fixed. By submitting the personal information about yourself, you expressly consent in unequivocal terms that the same can be used by third parties in the manner deemed fit and proper in the given facts and circumstances.
6. OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
a) KLIKLY respects the intellectual property rights of others, and we prohibit users of our Site from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights.
b) Trademarks, service marks, copyrights, logos etc. (collectively as "IP") appearing on the Site are the property of KLIKLY or the party that provided the respective IP to KLIKLY. Any IP including pictures, videos, logos or any other material that has been uploaded by KLIKLY with a particular listing of a service provider is being done so on a fair use basis to deliver a review of the service so provided. In the event the owner of the said IP does not consent to the continued use of the same, a written request should be sent by the owner of the said IP to KLIKLY and KLIKLY shall process this take down request as per the Complaints and Sanctions Procedure herein below. KLIKLY and any party that provided its IP or consented to its use by KLIKLY retain all rights with respect to any of their respective IP appearing on the Site.
c) KLIKLY owns the Site, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, the User may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and its Content are retained by us.
a) You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray KLIKLY or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. KLIKLY may revoke this limited right at any time. You may not use a KLIKLY logo or other proprietary graphics of KLIKLY to link to the Site without the express written permission of KLIKLY. Further, you may not use, frame or utilize framing techniques to enclose any KLIKLY trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without KLIKLY's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of KLIKLY or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of KLIKLY or any third party without the prior written permission of KLIKLY or such other party that may own such patent, trademark, copyright or other proprietary right(s).
b) The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. KLIKLY does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. KLIKLY provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply KLIKLY's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. KLIKLY accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
8. REPRESENTATIONS & WARRANTIES
a) The company is not responsible for any dispute between the service user and the service provider / professional. Such disclaimer of liability includes but is not limited to quality of service, excess charges by the professional, delay in service etc. etc.
c) You expressly understand and consent to the fact that use of all the services over the website and all figures, rates, information, products, data (including that of third parties) accessible from the service is at your sole risk and responsibility. The information is on "as is" and "as available" basis. The company disclaims all warranties of any kind as to the service and all other all figures, rates, information, products, data (including that of third parties) included or displayed over the website and also whether the all figures, rates, information, products, data (including that of third parties) are for a particular purpose or not.
d) There is no warranty that the service will meet the requirements or expectations (even legitimate), the results and the outcomes will be accurate, perfect and reliable; the service will be timely and error-free, uninterrupted and secure. You are solely and exclusively responsible for any damage caused to the computer resource, computer system, laptop and the gadgets of the like after using the website or downloading something from it. It is also clarified that no information provided by the company, whether through e-mail, oral, written, whatsapp or any other mode of communication will create any warranty until and unless expressly provided for in the terms and conditions.
e) The company would not be liable for any loss or damage etc. even if the service provider / service user has been advised of the possibility of such loss or damage etc. resulting from or a consequence of using the service in any manner whatsoever or relating to the service.
f) The website is not responsible for any illegal, derogatory, defamatory materials posted over its website by any user or person.
g) You are advised to use your judgment and discretion whether to avail the services of a service provider / professional or not, apart from using your discretion whether to use the website or not.
h)The users understand and accept that if any data / information provided by the users is leaked by any third party, whether that third party has tie-ups or links with KLIKLY or not, the leakage or the consequences of leakage is not the responsibility of KLIKLY. Though KLIKLY takes will take all reasonable steps to protect leakage of any data (except to the extent permitted as per the policies), it cannot prevent such leakages of data / information where dissemination of data is beyond KLIKLY’s control..
i)User(s) agree that under no circumstances will he / she / they write or comment any abusive language, defamatory words or things against KLIKLY in any social media or wherever the users are eligible to write. Users also agree that no settlement entered into between Klikly & user will be displayed over the said media spaces or through any mode of communication.
j)Any assurance, representation or warranty made by KLIKLY on behalf of the service providers with respect to quality, time of completion of service or discounts etc. is made on the basis of the assurances, representations or warranties made by the Service Provider to KLIKLY. Non-compliance or non-fulfillment of any of the assurances, representations or warranties is / are not the responsibility of KLIKLY. KLIKLY cannot be held liable in any manner for any such default.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. KLIKLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. KLIKLY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLIKLY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. AND KLIKLY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE USER AND NOT KLIKLY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KLIKLY MAKES NO WARRANTIES THAT THE USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR HACKING & ACCIDENTAL LEAKS, ERRORS OR OMISSIONS IN SUCH CONTENT.
a) You acknowledge and agree that all of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and KLIKLY does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
b) You acknowledge and agree that all KLIKLY disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. KLIKLY may however review, delete or block access to communications that could harm KLIKLY, its customers, users of the website or third parties.
e) You acknowledge and agree that all logos and/or registered trademarks displayed on any part of the KLIKLY website are the property of their respective copyright owners. If you have reason to believe that any form of Intellectual Property or Copyright infringement has occurred in any part of our website please contact Mr. Siddharth Vig at email@example.com.
10. LIMITATION ON LIABILITY
KLIKLY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DELAY, DISRUPTION OR DEFECTS IN THE ONLINE PAYMENT FACILITY OR ANY DAMAGE, LOSS, EXPENSE OR DETRIMENT CAUSED BY A DEFECT IN THE ONLINE PAYMENT FACILITY OR SIMILAR DAMAGES, EVEN IF KLIKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KLIKLY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO KLIKLY OR ITS SUBSIDIARIES SUCH AS SERVICE PROVIDERS, LICENSORS ETC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
THE WEBSITE IS NOT RESPONSIBLE FOR ANY DISPUTE BETWEEN THE SERVICE PROVIDERS / PROFESSIONS AND THE SERVICE USERS. THE WEBSITE IS NOT RESPONSIBLE FOR ANY DISPUTE BETWEEN / AMONGST THE SERVICE USERS, NOR AMONGST SERVICE PROVIDERS / PROFESSIONALS WHO ARE USING THE WEBSITE. NO AGENCY, PARTNERSHIP OR EMPLOYMENT ETC. IS CREATED BETWEEN THE USERS AND THE WEBSITE AND THE WEBSITE IS NOT A PRIVY TO ANY CONTRACT FOR / OF SERVICE BETWEEN VARIOUS USERS OF THE WEBSITE, EITHER EXPRESS OR IMPLIED
13. APPLICABLE LAWS & JURISDICTION
The effectiveness, construction and enforcement of this Agreement shall be governed by Indian laws. The Parties hereby submit to the exclusive jurisdiction of the courts of New Delhi in respect of any dispute arising in connection herewith.
14. DISPUTE RESOLUTION
Any disputes, difference or claim arising between the parties out of or in relation to or in connection with the Terms of Service, or the breach, termination, effect, validity, interpretation or application of this agreement as to their rights, duties or liabilities here under, shall be settled by the parties by mutual negotiations and agreement.
If for any reason, such dispute cannot be resolved amicably by the parties, the same shall be referred to and settled by way of arbitration proceedings, through reference to a sole arbitrator. The Act applicable to any or all of the proceedings arising out of this Agreement shall be the Arbitration and Conciliation Act, 1996 as amended from time to time.
If any term, clause, or provision herein is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
Neither KLIKLY nor the User may assign this Agreement or the rights and obligations here under to any third party without the prior express written approval of the other party which shall not be unreasonably with held.
17. NO WAIVER
The failure of KLIKLY to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive KLIKLY's right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches
18. FEEDBACK AND GRIEVANCE OFFICER
19. DEALS AT PRESENT
T&C apply as to be explained by the klikly agent. Management reserves the right to modify or end deal without futher intimation.
KLIKLY reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
20. REFUND AND CANCELLATION POLICY
Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we are just a call away.
To benefit our customers, we have multiple payment modes wherein customers can make the payment via wallet or via traditional means such as Debit/Credit card/Net Banking.
After a booking is made on our website/app Klikly experts will call to understand customer need in detail and share a payment link to make the advance or final payment as discussed.
Advance/booking amount is nonrefundable if informing us about cancellation after 2 hours of remitting the payment.
Final amount paid via Klikly payment gateway is non-refundable if customer is informing us of any issue after 12 hours of service delivery.
Refund of booking amount/final amount paid directly to service provider is as per T&C of the vendor and Klikly is not liable for any refund or payment.
21. Mobile DND
By clicking on "Send OTP" you overide the T&C of Do Not Disturb (DND).