These terms and conditions (“Terms”) govern the use of services made available on or through https://www.ecoservefacility.in/.
The Terms constitute a binding and enforceable legal contract between ECOSERVE FACILITY CARE PRIVATE LIMITED (a company incorporated under the Company Act, 2013 with its registered address at 2806 Floor, 28 WING A, Auris Serenity – A, NEW LINK ROAD, NEAR ORLEM CHURCH, MALAD WEST, MUMBAI 400 064. By using the Services, you represent and warrant that you have full legal capacity and authority to abide by and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to such person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you disagree with these Terms or comply with the requirements, please do not use the Services.
CONSENT TO USE DATA
(a) You agree that we may collect and use your personal data under our policies.
(b) In addition to any consent you may provide, you hereby consent to us sharing your information with our affiliates or third-party service providers. We may use information and data pertaining to your use of the Services for the provision of the Services, analytics, identification, and purposes of statistics further to enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, offers, and for experience enhancement.
(c) Subject to applicable laws, law enforcement agencies, the government, and related bodies, we may be directed to disclose data about your connection with criminal or civil proceedings. You understand and agree that we shall have the right to share such data with relevant agencies or bodies in such instances.
- BOOKINGS
(a) Orders: The website permits you to request various Services at a time of your choosing based on available slots. To request a booking, you shall follow the instructions on the website and provide the necessary information. We use reasonable efforts to enable you to find a Service Professional who can provide that Service at the requested time. If, in the unlikely event, we are still looking for a Service Professional for the specific timeslot, we will contact you to find an alternative time.
(b) Confirmation: Once you place a request, we will confirm the booking via SMS, email, phone or push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with our regular Terms communicated to or contracted with you. Once a Service Professional has been identified, you shall receive confirmation by SMS, email, phone, or push notification.
(c) Cancellations: Bookings cancelled before our confirmation will not be charged. Cancellation fees, if applicable, will be at the discretion of the Ecoserve management.
(d) Substitution: In case of the unavailability of or cancellation of a selected Service Professional, we will offer you a substitute of the Service Professional from our pool of Service Professionals.
- PRICING, FEES, AND PAYMENT TERMS
(a) ECOSERVE FACILITY CARE PRIVATE LIMITED (“”ECOSERVE””) reserves the right to charge you from time to time for the different services you may avail of and for any other facilities you may opt for.
(i) Taxes: All charges and fees are inclusive of applicable taxes.
(ii) ECOSERVE reserves the right to reasonably amend the charges and fees at any time at its sole discretion. A change in fees shall not impact any booking that has been confirmed.
(iii) Charges and fees you pay are final and non-refundable unless otherwise determined by ECOSERVE or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure to provide the services.
(iv) You acknowledge and agree that charges and fees applicable in certain geographical areas may increase substantially during times of demand. ECOSERVE will make reasonable efforts to inform you of the applicable charges and fees.
(b) Payment Processors: We may use a third-party payment processor to bill you through your selected mode of payment. Processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any of the Payment Processors. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
(c) Cancellation: You may elect to cancel your request for services at a reasonable time before the arrival of our personnel, in which case you may be charged a cancellation fee in accordance with ECOSERVE’s cancellation policy. ECOSERVE reserves the right to charge you or otherwise deduct applicable taxes regarding such cancellation fee.
(d) Subscriptions: ECOSERVE may occasionally offer subscription packages/contracts (however named) for monetary consideration. The packages shall provide Customers with additional benefits, including the ability to avail discounted services. You agree that all such packages shall be subject to other terms and conditions that may be deemed an integral part of these Terms.
- CUSTOMER CONDUCT
(a) ECOSERVE prohibits discrimination against our personnel, including based on race, religion, caste, national origin, disability, sexual orientation, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to refusing to accept services based on these characteristics.
(b) We request that you treat all our service personnel courteously and provide them with a safe, clean, and appropriate location to perform their services.Service personnel shall be entitled to refuse to perform services if you have not provided a safe, clean, and proper location for them or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the services and otherwise limit your access to services at our absolute discretion if you behave towards any service personnel in a manner that is discourteous, disrespectful, or abusive or which we deem inappropriate or unlawful.
(c) You agree that you will be liable for discriminating against service personnel or for any intentional failure to provide them with a safe, clean, and appropriate location for them to perform the Pro Services. Additionally, you will also disclose any information that may have a bearing on the ability of the service personnel to perform the services or impact the service personnel’s health, safety, or well-being to ECOSERVE and the service personnel.
(d) You agree that in the event a service personnel behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the terms, you shall be required to report such incident to kevin@ecoservefacility.in at the earliest but in any event within 48 (forty-eight) hours of such incident.
- THIRD PARTY SERVICES
The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
- OUR INTELLECTUAL PROPERTY
(a) All rights, titles, and interests in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to the Services by these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved ECOSERVE.
(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time. We freely use, copy, disclose, publish, display, distribute, and exploit the feedback we receive from you without any payment of royalty, acknowledgement of prior consent, or any other restriction arising from your intellectual property rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or license to, our or any third-party intellectual property rights.
- INDEMNITY
You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation all damages, liabilities, settlements, and attorneys fees), due to or arising out of your access to the services, use of the services, or violation of these Terms.
- JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by, construed, and enforced by the laws of India. Subject to other provisions in this clause, court Mumbai shall have exclusive jurisdiction over all issues arising from these Terms or the use of the Services.
(b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai by the relevant Acts in force.
- GRIEVANCE REDRESSAL
(a) You may contact kevin@ecoservefacility.in with any complaints or queries relating to the Services or these Terms through registered post or email.
(b) We shall ensure that your complaint is resolved within the timelines prescribed by applicable laws.
- MISCELLANEOUS PROVISIONS
(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted to the Platform. You must review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use our services once they have been posted.
(b) Modification to the Services: We reserve the right to add, modify, or discontinue, temporarily or permanently, the services (or any thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the services.
(c) Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to kevin@ecoservefacility.in
(d) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
(e) Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunication network, act of God, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.
(f) Images: The images used on our website are representative, and so are the products and cleaning equipment displayed therein. The products shown may not be the products or cleaning equipment used while executing services for our clients.