THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SPS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR FINANCIAL SERVICES (DEFINED BELOW) AND CUSTOMER (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ANY KIND OF SERVICE. YOU UNDERSTAND AND AGREE THAT SHREE LABH IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BANK & INSURANCE & FINANCE CO. AND CUSTOMER, NOR IS SHREE LABH A SERVICE BROKER, AGENT OR INSURANCE ADVISIOR. SHREE LABH HAS NO CONTROL OVER THE CONDUCT OF BANK & INSURANCE & FINANCE CO., CUSTOMER AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY FINANCIAL SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
SHREE LABH Content means all Content that SHREE LABH makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Customer Content.
Collective Content means Customer Content and SHREE LABH Content.
Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
CUSTOMER means a Service User who requests a SERVICE of an LOAN,INSURANCE and Other service via the Site, Application or Services, or a Customer who get at an service and is not the Finance for such Service.
Financer means a Associated who creates a Listing via the Site, Application and Services.
Listing means an Service that is listed by a Service Provider as available for Loan, Insurance and any other service via the Site, Application, and Services.
Customer means a person who completes SHREE LABH account registration process, including, but not limited to SP and AP, as described under “Account Registration” below.
CUSTOMER Content means all Content that a SP posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Tax or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
SHREE LABH reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of service and other properties (“SERVICE”). Such SERVICES are included in Listings on the Site, Application and Services by SPs. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book SERVICES or create a Listing, you must first register to create an SHREE LABH Account (defined below).
As stated above, SHREE LABH makes available a platform or marketplace with related technology for AP and SP to meet online and arrange for bookings of SERVICES. SHREE LABH is not an owner or operator of properties, including, but not limited to, Banking services, money transaction services, insurance services other services Financial Services, nor is it a provider of properties, including, but not limited to, FINANCE,INSURANCE, other BANKING SERVICES or FINANCIAL SERVICES and SHREE LABH does not own, sell, resell, rate, provide, insurance, renewal, manage and/or control properties, including, but not limited to, finance, insurance, other financial services or insurance services or Finance or Insurance services and SHREE LABH’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, SHREE LABH is not a contracting agent or representative of any SP. Instead, SHREE LABH’s role is solely to facilitate the availability of the Site, Application and Services for CUSTOMER and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF SERVICES. SHREE LABH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. SHREE LABH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY SERVICES WILL BE MADE AT THE CUSTOMER’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Service or create a Listing, you must register to create an account (“SHREE LABH Account”) and become a Customer. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your SHREE LABH Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to SHREE LABH through the Site, Services or Application; or (ii) allowing SHREE LABH to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to SHREE LABH and/or grant SHREE LABH access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating SHREE LABH to pay any fees or making SHREE LABH subject to any usage limitations imposed by such third party service providers. By granting SHREE LABH access to any Third Party Accounts, you understand that SHREE LABH will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your SHREE LABH Account and SHREE LABH Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Customer Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your SHREE LABH Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or SHREE LABH’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your SHREE LABH Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. SHREE LABH makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and SHREE LABH is not responsible for any SNS Content.
We will create your SHREE LABH Account and your SHREE LABH Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active SHREE LABH Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SHREE LABH reserves the right to suspend or terminate your SHREE LABH Account and your access to the Site, Application and Services if you create more than one (1) SHREE LABH Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your SHREE LABH Account, whether or not you have authorized such activities or actions. You will immediately notify SHREE LABH of any unauthorized use of your SHREE LABH Account.
As a Customer, you may create Listings. To this end, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, capacity, size, features, availability of the Services and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Services must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Customer will be able to book your Services via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Services, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer services at, an Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services included in a Listing you post, including, but not limited to, zoning laws and laws governing Services of Finance,insurance and other properties and (b) not conflict with the rights of third parties. Please note that SHREE LABH assumes no responsibility for a Service Provider’s compliance with any applicable laws, rules and regulations.
You understand and agree that SHREE LABH does not act as an insurer or as a contracting agent for, or representative of, you as a SP, and if a Customer requests a booking of your SERVICES and FINANCIAL SERVICES, any agreement you enter into with such Customer is between you and the SP and SHREE LABH is not a party thereto. Please note that SHREE LABH reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SHREE LABH, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
When you create a Listing, you may also choose to include certain requirements which must be met by the Customers who are eligible to request a booking of your SERVICES, including, but not limited to, requiring Customers to have a profile picture or verified phone number, in order to book your SERVICES. Any Customer wishing to book SERVICES included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “SP” section of the Site, Application and Services.
If you are a Sp, SHREE LABH makes certain tools available to you to help you to make informed decisions about which Customers you choose to confirm for booking for your SERVICES. You acknowledge and agree that, as a SP, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the SERVICES at your request or invitation, excluding the Customer (and the individuals the Customer invites to the SERVICES, if applicable.)
SHREE LABH recommends that SP obtain appropriate insurance for their SERVICES. Please review any insurance policy that you may have for your SERVICES carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the SERVICES, if applicable) while at your SERVICES.
SHREE LABH does not endorse any Customer or any SERVICES. In addition, although these Terms require Customer to provide accurate information, we do not attempt to confirm, and do not confirm, any Customer’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the SHREE LABH SP Guarantee Terms and Conditions (“SHREE LABH SP Guarantee”), which is an agreement between SHREE LABH and SP, we will not be responsible for any damage or harm resulting from your interactions with other Customer. (Please see SHREE LABH’s SP Guarantee Terms and Conditions at www.shreelabhfincon.com/terms for information about the SHREE LABH SP Guarantee.) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Customer or other third parties will be limited to a claim against the particular Customer or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from SHREE LABH with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Customer on the Site and Services regarding any bookings or Listings made by you.
INSURANCE and Financial Terms for SPs
If you are a SP and a booking is requested for your Services via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by SHREE LABH in its sole discretion) or the booking request will be automatically cancelled(IF ANY PARTICULAR CASE SERVICE WILL BE POSSIBLE THEN WE WILL CONSIDER). When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) a link to the Customer’s SHREE LABH Account profile page, (iii) the names of any Customer of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Customer on such SNS, and (iv) an indication that the name that the Customer provided to SHREE LABH when the Customer became a Customer matches the name that the Customer provided to the SNSs to which the Customer has linked his or her SHREE LABH Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an SERVICES within such 24 hour period, any amounts collected by SHREE LABH for the requested booking will note be refunded to the applicable Customer’s. When you confirm a booking requested by a Customer, we will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the SHREE LABH Fees (defined below) and the Customer Fees (defined below.) Where applicable, Taxes may be charged in addition to the Servicing Fees and Customer Fees. The Services Fees, the Customer Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to a SP’s Services are the “SERVICES Fee”.
SHREE LABH will use its commercially reasonable efforts to obtain a pre-authorization of the Customer’s credit or debit card in the amount the SP determines for the Security Deposit within a reasonable time prior to the Customer’s check-in at the applicable SP’s SERVICES. SHREE LABH will also use its commercially reasonable efforts to address SPs’ requests and claims related to Security Deposits, but SHREE LABH is not responsible for administering or accepting any claims by SPs related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, SHREE LABH collects service fees from SPs and Customers (“Service Fees”). Service Fees are made up of two (2) components: (i) Customer Fees and (ii) a fee that is charged to the SP based upon a percentage of the amount of the SERVICES Fees (“SP Fees”). Where applicable, Taxes may also be charged in addition to the SP Fees. SP Fees are deducted from the SERVICES Fees before remitting the SERVICES Fees to the SP, within 24 hours of when the Customer PAYMENT arrives at the applicable SERVICES. Customer Fees are, as noted above, included in the Total Fees.
Balances will be remitted to SPs via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the SP’s currency of choice, depending upon the selections the SP makes via the Site, Application and Services. Please note that for any payments by SHREE LABH in currencies other than INDIAN RUPEES, SHREE LABH may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
Cancellations and Refunds
If, as a Customer, you cancel your requested booking before the requested booking is confirmed by a SP, SHREE LABH will refund and SERVICES Fees collected for such requested booking within a commercially reasonable time. If, as a Customer, you wish to cancel a confirmed booking made via the Site, Application and Services, the cancellation policy of the SP contained in the applicable Listing will apply to such cancellation. Also, the refund will be made to the customer’s account.
If a SP cancels a confirmed booking made via the Site, Services, and Application, (i) SHREE LABH will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from SHREE LABH containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the SP associated with such alternative Listing confirms the Customer’s requested Servicing, then the Customer agrees to pay SHREE LABH the Total Fees relating to the confirmed Servicing for the SERVICES in the alternative Listing, in accordance with these Terms. If a SP cancelled a confirmed Servicing and you, as a Customer, have not received an email or other communication from SHREE LABH, please contact SHREE LABH at: http://www.shreelabhfincon.com/home/contact.
Some SPs may pledge to donate a portion of the funds they receive from confirmed Servicings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the SP does in fact make the donation he or she pledged to make.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. SHREE LABH cannot and does not offer Tax-related advice to any Customer of the Site, Application and Services. Additionally, please note that each SP is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a SP, SHREE LABH may issue a valid SERVICE TAX,VAT & OTHER TAX invoice to such SP.
Damage to Servicings
As a Customer, you are responsible for leaving the SERVICES in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the SERVICES. In the event that a SP claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit or debit card on file in your SHREE LABH Account. SHREE LABH also reserves the right to charge the credit or debit card on file in your SHREE LABH Account, or otherwise collect payment from you and pursue any avenues available to SHREE LABH in this regard, including using Security Deposits, in situations in which you have been determined, in SHREE LABH’s sole discretion, to have damaged any SERVICES, including, but not limited to, in relation to any payment requests made by SPs under the SHREE LABH SP Guarantee, and in relation to any payments made by SHREE LABH to SPs. If we are unable to charge the credit or debit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the SERVICES to the applicable SP or to SHREE LABH (if applicable).
Both Customers and SPs agree to cooperate with and assist SHREE LABH in good faith, and to provide SHREE LABH with such information and take such actions as may be reasonably requested by SHREE LABH, in connection with any complaints or claims made by Customer relating to SERVICES or any personal or other property located at an SERVICES (including, without limitation, payment requests made under the SHREE LABH SP Guarantee) or with respect to any investigation undertaken by SHREE LABH or a representative of SHREE LABH regarding use or abuse of the Site, Application or the Services. If you are a Customer, upon SHREE LABH’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a SP, at no cost to you, which process will be conducted by SHREE LABH or a third party selected by SHREE LABH, with respect to losses for which the SP is requesting payment from SHREE LABH under the SHREE LABH SP Guarantee.
If you are a Customer, you understand and agree that SHREE LABH reserves the right, in its sole discretion, to make a claim under your financer, insurar’s or other loans, insurance policy related to any damage or loss that you may have caused or been responsible for to an Services or any personal or other property located at an Services. You agree to cooperate with and assist SHREE LABH in good faith, and to provide SHREE LABH with such information as may be reasonably requested by SHREE LABH in order to make a claim under your financer’s, insurar’s or other loans, insurance policy, including, but not limited to, executing documents and taking such further acts as SHREE LABH may reasonably request to assist SHREE LABH in accomplishing the foregoing.
We may, in our sole discretion, permit Customer to post, upload, publish, submit or transmit Customer Content. By making available any Customer Content on or through the Site, Application and Services, you hereby grant to SHREE LABH a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Customer Content only on, through, or by means of the Site, Application and Services. SHREE LABH does not claim any ownership rights in any such Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Customer Content.
You acknowledge and agree that you are solely responsible for all Customer Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Customer Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to SHREE LABH the rights in such Customer Content, as contemplated under these Terms; and (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of the Customer Content or SHREE LABH’s use of the Customer Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SHREE LABH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SHREE LABH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SHREE LABH used herein are trademarks or registered trademarks of SHREE LABH. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the Contact (www.shreelabhfincon.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of SHREE LABH and you hereby irrevocably assign to SHREE LABH and agree to irrevocably assign to SHREE LABH all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SHREE LABH’s request and expense, you will execute documents and take such further acts as SHREE LABH may reasonably request to assist SHREE LABH to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
SHREE LABH respects copyright law and expects its users to do the same. It is SHREE LABH’s policy to terminate in appropriate circumstances the SHREE LABH Accounts of Customer or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SHREE LABH’s Copyright Policy at www.shreelabhfincon.com/terms for further information.
Termination and SHREE LABH Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your SHREE LABH Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event SHREE LABH terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your SHREE LABH Account you will remain liable for all amounts due hereunder. You may cancel your SHREE LABH Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that if your SHREE LABH Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION , SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SHREE LABH DOES NOT CONDUCT BACKGROUND CHECKS ON ANY CUSTOMER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND SPS. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHREE LABH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHREE LABH MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SHREE LABH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, YOUR ACCRUAL OF SHREE LABH SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHREE LABH OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SPS OR CUSTOMERS. YOU UNDERSTAND THAT SHREE LABH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY SERVICES. SHREE LABH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND SPS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR LISTING OR SERVICING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM REMAINS WITH YOU. NEITHER SHREE LABH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHREE LABH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SPS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE SHREE LABH SP GUARANTEE, IN NO EVENT WILL SHREE LABH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICES’S VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER CUSTOMER, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SP, THE AMOUNTS PAID BY SHREE LABH TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE THOUSAND RUPEES (INR1000), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHREE LABH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold SHREE LABH and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Customer Content; (c) your (i) interaction with any Customer, (ii) booking of an Service’s , (iii) creation of a Listing or (iv) the use, condition or Any kind of Services by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of Services and (d) your participation in the Referral Program or your accrual of any SHREE LABH SERVICES Credits.
If you stay with or SP anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SHREE LABH by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between SHREE LABH and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of SERVICES made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SHREE LABH and you regarding bookings or listings of SERVICES, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without SHREE LABH’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SHREE LABH may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SHREE LABH (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Jurisdiction of Kalol GUJARAT where the registered office of SHREE LABH is present, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in KALOL, India for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and SHREE LABH agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and SHREE LABH are each waiving the right to a trial by jury or to participate as a plaintiff or class Customer in any purported class action or representative proceeding. Further, unless both you and SHREE LABH otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the Judicial Courts in accordance with the Indian Laws.
Changes. Notwithstanding the provisions of the “Modification” section above, if SHREE LABH changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SHREE LABH’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SHREE LABH in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of SHREE LABH to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SHREE LABH. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting SHREE LABH
If you have any questions about these Terms or any App Store Sourced Application, please contact SHREE LABH at firstname.lastname@example.org