1. General

YUFY ASSISTS PRIVATE LIMITED, A Private Limited Company incorporated under the Companies Act, 2013 having its registered office at 68, DD Road, Senthil Bhavana, Milk Depot, Virudhunagar-626001, Tamil Nadu, India, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the mobile application for IOS and Android “YUFY HELPS” (hereinafter collectively referred to as the “Platform”).

2. Definition

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

i. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.

ii. “Customer/Requestor” shall mean and refer to natural and legal individuals, who use the Platform and who intend to seek information about the services offered by the Platform request for helpers through the Platform for performing the services as listed on the Platform.

iii. “Helpers” shall refer to professionals performing cleaning, cooking and other housekeeping jobs who are registered with the Platform and shall be assigned work opportunities with the Requestors through the Platform.

iv. “Users” The Helpers and the Requestors will be collectively referred to as Users.

v. “Yufy Bees” shall refer to employees of the company who shall co-ordinate with the Helpers in their specific territory and they shall convince them to sign up with the Platform and be responsible for collecting all the requisite documents and details from the Helpers.

vi. “Services” refer to providing a Platform which shall function as an aggregator Platform connecting the Helpers in an area registered on the Platform with the Requestors for the execution of the Requestors specific service request. The Requestors can request for Helpers in accordance with the packages specified for performing services listed on the Platform.

vii. “Third Parties” refer to any Application, company or individual apart from the Requestor, Helper and the creator of this Website.

viii. The term “Platform” refers to the mobile application for IOS and Android which shall function as aggregator Platform connecting the Helpers in an area registered on the Platform with the Requestors for a specific service booking. The Platform shall enable Requestors to request for Helpers in accordance with the packages specified for performing services listed on the Platform.

3. Terms

i. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

ii. The use of this Platform by the Requestors is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made there to by the Company, from time to time, at its sole discretion. If the Requestor continues to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The Requestor expressly agrees and acknowledges that expiry/termination of either one will lead to the termination of the other.

iii. The Requestor unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Requestor and the Company, and that the Requestor shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.

iv. The Requestor acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Requestor and that the Requestor’s act of visiting any part of the Platform constitutes the Requestor’s full and final acceptance of these Terms and the aforementioned Policy.

v. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Requestor, and the Requestor expressly agrees that any such amendments or modifications shall come into effect immediately.

vi. If the Requestor does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

4. Service Overview

The Company shall act as a service provider that operates the platform which shall function as aggregator Platform connecting the Helpers in an area registered on the Platform with the Requestors.

The Platform shall enable Users to request for Helpers in accordance with the packages specified for performing services listed on the Platform.

The Requestor shall set their location on the Platform, choose from among the Services listed on the Platform and fill in the additional details sought by the Platform. This will enable the Requestors to send their service requests to the helpers registered in the area and the helper accepting the request shall go to the address updated by the requestor for performing the services and shall provide the OTP generated by the platform to the Requestor.

The payment made by the Requestor would be added on their e-wallet on the Platform named Pockets as points, which would be deducted after the completion of the service. The payment due to the Helpers would also be added as points in their account, which can be transferred by them to their bank accounts.

5. Registration

a. Registration is mandatory for the Requestors to avail the services offered by the Platform. Requestors would require to furnish their name, password, photograph, email ID, contact number, size of the house, any one KYC document from among PAN card, Aadhar card, Driving License, and Passport, specific location of the premises where the services are required. The Helpers would be required to furnish Name, Password, photograph, contact number, Alternate contact number, scanned copy of Aadhar Card, Bank account details, Current residential address, details of known job skills, date of birth, and languages known to read, speak and write. The Company may seek any further information that it deems necessary to seek from Requestors and helpers may be updated at regular intervals on the Platform.

b. Requestors cannot currently link any of their social media profiles or Google account to the Platform.

c. The access and Registration on the Platform is free and no extra charges are levied for the same, but the Company shall have the discretion of levying charges for the same at any point of time.

d. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. For any minors accessing the Platform, the responsibility for such individuals shall lie solely with their guardians and the Platform or Company shall bear no onus in this regard.

e. Further, at any time during the use of this Platform, including but not limited to the time of registration, the Customers are solely responsible for protecting the confidentiality of their username and password, and any activity under the account shall be deemed to have been done by them.

6. Eligibility

a. The Users represent and warrant that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.

b. The Users shall not approach the platform with a fraudulent intent of cheating or defrauding.

c. The Requestor shall post reviews of the products displayed for sale or the services provided by the Platform in an ethical manner. He/she shall not use slanderous, abusive or obscene language while posting reviews or during any other time when he is communicating on the Platform.

d. The Helpers shall be responsible for any negative review received on the Platform for the services provided by them, as the Platform only acts as an aggregator and has no role in the delivery of the services.

e. The Requestor shall use the services offered through the Platform prudently. The Platform or the Company shall not be responsible for the quality of the services offered through the Platform or the effectiveness of the services or any repercussions arising as a result of the availed products or services.

7. Guidelines For Helpers

a. Must at all times provide only the Services that the requestor has requested for and remitted the payment for.

b. Must provide authentic details and documents at the time of registration. In the event of any identity fraud or misrepresentation, the Helper alone shall be responsible for the same. The Company shall at their discretion have the credentials and personal information provided by the Helpers, verified at the local police station in their territory and the Helpers will not object to the same.

c. Must only access or enter part of the premises where he/she would be required to work or deliver their services. Must under no circumstances enter or attempt to enter any other part of the Requestor’s premises.

d. Must under no circumstances accept any cash payments from the Requestor, all payments shall be made only through the Platform.

e. Must not share the one-time password generated by the Platform with any unauthorised person. It must only be shared with the Requestor.

f. Must always deliver the services on accepting the request. Only in case of dire emergency would a cancellation request be allowed and the discretion for permitting the cancellation shall vest solely with the Company.

g. Must not indulge in any act prohibited by law including but not limited to theft or sexual harassment in the course of delivery of the service. If the Helpers commits any act forbidden by law in the course of delivering the Services, they alone shall be responsible for the cost and consequences of the same.

h. The Helpers must adhere to all safety and health protocols specified by the state and central Government including but not limited to co-operating with temperature checks done by the requestor and/or Company and must wear, face mask and hand gloves at the place of work.

i. Must report in advance if they are ill or have symptoms of fever, cold or cough and must not report to the Requestor’s premises with such illness.

j. Must ensure that the contact number registered on the Platform is not switched off or unreachable at any point of time.

k. Must not accept food or any other gifts in cash or kind from the Requestor during the course of delivering the services.

l. Shall not try to directly get in touch with the requestor or arrive at any understanding to deliver services to them directly. Shall only take orders through the Platform.

8. Guidelines for Requestors

a. Shall make payment for the services requested for only through the Platform and shall not pay directly to the Helpers under any circumstances.

b. Shall book the helpers only for the services offered/listed on the Platform. Under no circumstances shall raise requests or instruct Helpers to perform Services beyond the ambit of the Services requested for.

c. Shall ensure that they themselves are present or any responsible representative is present in their premises during the timing of the service the Helper has been booked for.

d. Shall engage helpers in delivering the Services and performing the work requested for between 6.00 A.M and 8.00 P.M only. The Helpers should not be made stay behind beyond the permitted working hours. In case there are restrictions on working hours or movement of the public at large by the state or central Government, must adhere to the same, while engaging the Helper.

e. Must not indulge in any act prohibited by law including but not limited to theft or sexual harassment in their course of association with the Helpers. If they indulge in any legally impermissible activity the Requestors shall be solely responsible for the same.

f. Shall be solely responsible for the safe guarding their belongings and valuables during the presence of the Helpers in their premises.

g. Must adhere to pandemic guidelines issued by the central and state Government and must give an honest declaration that no person residing or present at their premises is suffering, from cold cough or fever at the time of raising the request for the Helper on the Platform.

h. Shall treat the Helpers in a dignified manner and shall not discriminate against them on any grounds.

i. Shall not harass the Helpers in any manner during the course of delivery or after the delivery of the Services.

j. Shall not misuse the personal information of the Helpers in any manner. Shall use it solely for the purpose of booking on the Platform.

k. Shall not offer cash or valuables as incentives to Helpers.

l. Shall ensure that the identity proof and details are authentic and shall not impersonate or create false identity proofs. If found indulging in such acts will be solely responsible for the same.

m. Shall provide all requisite materials required for delivering the Services to the Helpers.

n. Shall not connect with the Helpers directly and approach them only through the Platform.

9. Services Offered On The Platform

The Services offered through the platform have been listed below and also presents the package under which it is offered. The list of Services and the packages may be modified by the Company at any point of time without any prior notice.

Dusting of windows, furniture, and cobweb

Sweeping

Mopping

Dishwashing

Bathroom Cleaning

Clothes Drying

Clothes Hand Washing

Cooking

Vegetable Chopping

Machine Washing

10. Content

a. The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.

b. The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator or to terminate the account of any User who is found to have submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive.

c. The Requestor shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof in the form of ratings and review that is deemed to be untrue, inaccurate or misleading.

11. Payment

Charges

a. Registration on the Platform is free of cost at present. However, in case of purchase of service, the Customer shall pay an amount for the Services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods

i. Debit Card

ii. Credit Cards

iii. Net Banking

iv. E-Wallets

v. Online Payment Gateways

b. The Requestor(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing may be levied on the payments made and the Requestor in accordance with specifications of the payment gateway and the Requestor agrees to the same. The Requestors are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Requestors.

c. The payment is processed through a third-party gateway and the Requestor shall be bound by the third party’s terms and conditions.

d. In the event of money getting deducted from the Requestor’s Account, despite a failure of transaction, the payment deducted will be returned to the Requestor’s account within 7 working days.

12. Term & Termination

a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the Requestor continues to access and use the Services and Platforms.

b. A User may terminate their use of the Services and the Platform at any time.

c. The Company may terminate these Terms and close aUser’s account at any time without notice and/or suspend or terminate a Requestor’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.

e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.

f. The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.

g. The Platform also reserves the universal right to deny access to particular Requestor, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other Requestors to the Platform.

h. The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.

i. The Requestors shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Requestor shall not have the right to terminate these Terms till the expiry of the same.

13. Communication

a. By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.

b. Users can report to the Company any grievances or suggestions that they have through the e-mail or communication section of the platform. If they find any discrepancy with regard to Service-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

14. User Obligations And Formal Undertakings As To Conduct

The Customer agrees and acknowledges that they are a restricted user of this Platform and that they:

a. Agree to provide genuine credentials during the process of registration on the Platform.

b. Agree that they are solely responsible for maintaining the confidentiality of their account password. The Customer has to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.

c. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption’s, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.

d. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.

e. Expressly agrees to make good any losses suffered by the Company or platform which results as a consequence of any act committed by the Customer including but not limited to acts of fraud and falsification of information.

f. Agree that the platform is only acting an aggregator for connecting the Requestors with the Helpers and that the Platform will not be responsible for the acts of the Helpers or any deficiency in service by the Helpers.

g. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.

h. Agrees that the platform will be used by the Customer solely for the purpose of viewing and purchase of the services and services offered for sale on the Platform for personal use.

i. The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, transmit, or in any manner share any information that:

i. belongs to another person or business and to which the Customer has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

ii. violates any law for the time being in force;

iii. deceives or misleads the other users

15. Indemnification

The Users agree to indemnify and hold harmless the Company, its partners, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.

16. Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.

17. Force Majeure

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

18. Dispute Resolution And Jurisdiction

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;

ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru, India.

a. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

19. Jurisdiction

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Bengaluru,India.

20. Grievances

a. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@yufy.in.

21. Miscellaneous Provisions

a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such a case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at support@yufy.in