Last updated: October 2024
These Terms of Service (the "Terms") are intended to make you aware of your legal terms which shall be binding upon you with respect to your access to and use of the HOUSECLIQ website at www.HOUSECLIQ.com (the "Site") and any related mobile or software applications ("HOUSECLIQ Platform").
These Terms are effective for and binding upon all users.
Please read these Terms carefully. By accessing or using the HOUSECLIQ Platform or HOUSECLIQ website, you are agreeing to these Terms and conditions and are concluding a legally binding contract with HOUSECLIQ and/or its affiliates hereinafter collectively referred to as "HOUSECLIQ"). You may not use the Services if you do not accept the Terms. The terms/contract shall be binding upon you in any legal proceedings initiated by you against HOUSECLIQ or initiated by HOUSECLIQ against you.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
The terms "User" and "You" shall mean any person or legal entity using the platform for availing any Services provided by HOUSECLIQ.
The Platform (provided by HOUSECLIQ) is an online web- and app-based two-sided marketplace which enables connections between you (i.e the user) and service professionals. "Client(s)" are individuals and/or businesses seeking to obtain short-term services
Service Professionals are independent persons, providing services under their own name or business name, using their own tools and supplies. Service Professionals choose the applicable rates for services, without deduction by HOUSECLIQ. Service Professionals may (a) maintain a clientele without any restrictions from HOUSECLIQ unless otherwise contracted or agreed; (b) offer and provide their services elsewhere unless otherwise contracted or agreed, including through competing platforms; and (c) accept or reject Clients and Service Agreements (defined below). Service Professionals are independent contractors of Clients, and Clients are therefore clients of Service Professionals, not HOUSECLIQ.
Any reference to a Service Professionals being licensed or credentialed in some manner, or being "badged", "reliable", "reliability rate", "elite", "great value", "background checked", "vetted" (or similar language) indicates only that the Service Professionals has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Professionals whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by HOUSECLIQ of a Service Professionals skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
"Customer" or "You" in this agreement refers to you, as a customer of the Services provided by HOUSECLIQ.
The term "Service" or "SBH" wherever used in this agreement shall mean and include the provision of the Platform that enables you to arrange and schedule different home-based or any other services provided by HOUSECLIQ through independent third-party service providers of those services ("Service Professionals"). As a part of the Services, HOUSECLIQ charges fees for the facilitation of the service and further, HOUSECLIQ facilitates the transfer of payments to Service Professionals for the services they render to you and collects payments on behalf of such Service Professionals.
It is hereby expressly clarified that the term Service or SBH does not include the Service provided by the Service Professionals and only refers to the facilitation service being provided by Housecliq. Service Professionals are solely liable and responsible for the Services that they offer or otherwise provide through the Platform. Service Professionals do not have the ability to bind or represent Housecliq.
HOUSECLIQ may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of HOUSECLIQ Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
HOUSECLIQ is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which HOUSECLIQ provides, may require affecting certain changes in it, therefore, HOUSECLIQ reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
Housecliq and it‟s software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if HOUSECLIQ disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while HOUSECLIQ may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, HOUSECLIQ may set such fixed upper limits at any time, at HOUSECLIQ's discretion.
In our effort to continuously improve the HOUSECLIQ Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the HOUSECLIQ Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
By using HOUSECLIQ's Services you agree to the following disclaimers:
HOUSECLIQ reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the HOUSECLIQ Platform anytime in future.
HOUSECLIQ may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the HOUSECLIQ Platform terms. Further, HOUSECLIQ reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if HOUSECLIQ determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or HOUSECLIQ Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, HOUSECLIQ reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
HOUSECLIQ may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that HOUSECLIQ may decide at its discretion. HOUSECLIQ reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
a. You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
c. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your HOUSECLIQ account for any purpose and that you will be liable for such unauthorized access.
d. By creating an account, you agree to receive certain communications in connection with HOUSECLIQ Platform or Services.
a. In order to connect you to certain service professionals after you make a booking through the platform, we provide value added telephony services through our phone lines, which are displayed on the HOUSECLIQ Platform, which connect directly to service professionals phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the service professional (for internal billing tracking purposes and customer service improvement at the service professionals end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by HOUSECLIQ. You explicitly agree and permit HOUSECLIQ to record all this information when you avail the telephony services through the HOUSECLIQ provided phone lines on the HOUSECLIQ Platform.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and HOUSECLIQ Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by HOUSECLIQ and that you shall not disclose such information without HOUSECLIQ's prior written consent.
b. You agree to protect HOUSECLIQ's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that HOUSECLIQ (or HOUSECLIQ's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by HOUSECLIQ and that you shall not disclose such information without HOUSECLIQ's prior written consent. Unless you have agreed otherwise in writing with HOUSECLIQ, nothing in the Terms gives you a right to use any of HOUSECLIQ's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of HOUSECLIQ; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the HOUSECLIQ's Content in whole or in part except as expressly authorized by HOUSECLIQ.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of HOUSECLIQ Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, HOUSECLIQ Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
In consideration of availing the Services on the HOUSECLIQ Platform and by submitting Your Content, you hereby irrevocably grant HOUSECLIQ a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including any review shared in regard to any service availed through Housecliq). By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content.
a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not HOUSECLIQ.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, we reserves the right to delete any images and pictures forming part of Customer Content at our sole discretion.
a. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any services, advertisements and other content appearing in or linked to from the Services by Service Professionals. We do not screen or investigate third party material before or after including it on our Services.
b. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that HOUSECLIQ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
(a) Orders: The Platform permits you to request various Services at a time of your choosing based on available slots. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional who is able to provide that service at the requested time. If, in the unlikely event we cannot find 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 provide confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service Professional has been identified for the requested Pro Services, you shall receive confirmation in App or via SMS, email or a push notification.
(c) Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. Housecliq‟s cancellation policy sets out applicable cancellation fees.
(d) Substitution: In case of the unavailability of, or cancellation by a selected Service Professional, we will offer you a substitute of the Service Professional from among our registered Service Professionals.
(a) Housecliq reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform.
(b) Charges and Fees in respect of Professional Services:
(i) In respect of Professional Services that you seek to avail through the Platform, you shall be required to pay Service Professionals the amount indicated at the time of booking as well as amounts towards (a) any additional Professional Services you may avail, (b) out of pocket expenses incurred by the Service Professional, and (c) expenses arising out of the purchase of goods required or utilised for the performance of the Professional Service ("Charges"). In addition to the Charges payable to Service Professionals, Housecliq reserves the right to charge you a convenience fee for facilitating the booking and transferring payments to the Service Professional (this fee is referred to as "Fees"). You acknowledge that the final bill you receive may include additional charges, including without limitation, a safety fee, warranty fee, insurance fee, or Service Professional welfare fee.
(ii) Housecliq shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for Professional Services through credit cards, debit cards, net banking, wallets, UPI or cash upon completion of the Pro Service. We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method. For the avoidance of doubt, in the event you pay through the method of „cash upon completion‟, you acknowledge that you will be required to pay both Charges and Fees to the Service Professional.
(iii) The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Professional Service, as specified by Housecliq.
(iv) For the avoidance of doubt, please note that the Charges are payable to Service Professionals, and Housecliq acts as a limited collection agent on behalf of such Service Professionals to collect and transfer amounts due to them.
(v) Taxes: All Charges and Fees are inclusive of applicable taxes.
(vi) Housecliq 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 bookings that have been confirmed before the publication of the revised Fees on the Platform.
(vii) Charges and Fees that you pay are final and non-refundable, unless otherwise determined by Housecliq or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services.
(viii) You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Housecliq will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Professional Services or Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.
(c) Payment Processors: We may use a third-party payment processor ("Payment Processor") to bill you through your selected mode of payment. The 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 error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
(d) Cancellation: You may elect to cancel your request for services from a Service Professional at any time prior to such Service Professional‟s arrival, in which case you may be charged a cancellation fee in accordance with Housecliq‟s cancellation policy. Housecliq reserves the right to charge you, or otherwise deduct applicable taxes in respect of such cancellation fee.
(e) Housecliq does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by housecliq to the effect that tipping is "voluntary", "not required", and/or "included" in the payments you make for Professional Services is not intended to suggest that Housecliq provides any additional payments to Service Professionals. You understand and agree that while you are free to provide additional payment as a gratuity to any Service Professional who provides you with Professional Services, you are under no obligation to do so. Gratuities are voluntary.
(a) Housecliq prohibits discrimination against Service Professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Professional Services based on any of these characteristics.
(b) We request that you treat all Service Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Professional Services. Service Professionals shall be entitled to refuse to perform Professional Services if you have not provided a safe, clean, and appropriate 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 Professional Services at our absolute discretion if you behave towards any Service Professional in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
(c) You agree that you will be liable for discriminating against Service Professionals or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Professional Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Professional Services or impact the Services Professional‟s health, safety, or well-being, to housecliq and the Service Professional.
(d) You agree that in the event a Service Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to grievanceofficer@housecliq.com at the earliest but in any event within 48 (forty eight) hours of such incident.
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 or Professional Services, use of the Services or Professional Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.
(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Kanpur Nagar shall have exclusive jurisdiction over all issues arising out of 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 Kanpur Nagar in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by Housecliq. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.