Terms & Conditions

Please read the following terms and conditions carefully

In order to use this app(KickKare) and website (www.kickkare.in) , the user will be accepting and complying with the terms and conditions mandatorily which governs the booking and delivery of services, If the user wishes to book or books a service via our website www.kickkare.in, or mobile app, the user must agree to the terms and conditions below as the exclusive basis which governs such booking and must click “ I agree to kickkare terms and conditions” box on the main registration and booking information page. If the user does not agree to any of the terms and conditions mentioned, then the user will not be allowed to book any service by kick kare online services private limited. If the user is booking on behalf of some other person, by clicking "I agree to kickkare Terms & Conditions", then the user is representing the other person with fullauthorization to accept the terms and conditions mentioned on behalf of the other person.

You specifically agree that by using the website or app, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.

READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND APP

1. General T&C and Definitions

  •  Company - The Company herein after referred to as “KICK KARE ONLINE SERVICES PRIVATE LIMITED”.
  •  You - Acting as a Client,customer,user, registering a new booking/case with the company.
  •  Booking/Case - The registration with the website for availing / booking of the technician / repair professional for availing the services. Bookings can be made for unit services or split/multiple repair services.
  •  Agreed Time - The appointed date and time for your services to be provided and as mentioned in the registration form. .
  •  Service Provider - Terms used for Technicians or Private Repair Professional registered with the Company to offer their services to the end customers.

You also agree to provide true, accurate, current and complete information about yourself while registering on our Website and App to avail the Services, maintain and update your Registration Data to keep it true, accurate, current and complete.

If you provide any information that is incorrect, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website and App(or any portion thereof) at any time. Kick Kare will not be liable for any act or omission arising from the inaccurate information provided by you to us.

2. Services

  1. The Company provides technology based online services for providing home solutions in different cities of India, like electrician,plumber,carpenter,repairing etc, home related services and you agree to get the services offered by third party technicians / Private Repair Professionals ("the Service Provider"). All the Services provided by the company after registration on mobile app or website of the company is hereinafter referred to as the "Service."
  2. The entire Booking request is also directed by the client via app or web site shall be forward to the involved repair professional/service provider by the Company. The Service Provider shall be provided on accessibility basis and therefore the same shall be communicated to the client via app ,message or mail, however, it's processed that on accessibility of the Service Provider, the communication details ofthe Service Providershall be shared between each of them by the Company for the benefit of each the parties i.e. client and repair professionals to perform or exercise their rights & obligations.
  3. In case, the Service provider accepts the booking request created by you with the company, your information will be shared to the Service provider together with your name, contact details,address etc. for smooth and easy work flow.
  4. Company can build utmost efforts to bring you in-touch with the Service Provider so as to render the desired service subject to accessibility of the Service professional in or around your location at the time of your booking request created to the Company via app or web site.
  5. It is important to mention here that, the Company itself does not own or control the Service providers and neither exist any employer / employee or principal/agent relationship between the company and the service providers. It is the Service Provider who shall provide the required services to you as per the related information submitted with the company while registering with the company. The provision of the services to be provided by the Service Provider to you is therefore subject to the agreement to be entered by you and the Service Provider and the Company shall never be a party to such an agreement in any manner whatsoever.
  6. Acceptance of booking request by the Company and if the Service Provider does not reach your service location or decide not to render services, in that case / event the Company shall not be held liable to you (customer) in any manner whatsoever and neither the Customer is under any obligation to make any payment in lieu thereof.
  7. You hereby certify and confirm that the relevant information you provide to the Company while registering your request or creation of account is accurate and complete in all aspects as demanded by the Company in the application form. The Company is authorized to do an all-time verification of the information that you have provided while registering in app or website. The Company shall not be liable if you do not visit the appropriate web portal or dial-in the correct call centre number. The Company reserves the right to discontinue or introduce any of the modes of booking Service Provider.
  8. You (customer) will treat Service providers/service professionals introduced to you through the company with respect and will not cause any damage to them or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their service.
  9. Before handing over the products to be repaired the customer shall be cautious and ensure themselves about the credibility of the Service Provider and any defect in Service or theft/ damage to the asset; spare parts; accessories; products shall not be compensated by the Company in any manner whatsoever and it is clarified that that Company shall not be liable in any manner whatsoever, if any such harm/damage/ loss is caused by the Service Provider due to any such transfer of products to the Service provider for Service.
  10. You(customer)should confirm & clarify from the service provider about the time involved and the spare parts required rendering the service including the total/aggregate service charges involved therein except the minimum cost before initiation of the Service. In case the same is not discussed, it is implied that the customer is aware of the service charges and has agreed to avail the services as may be informed or directed by the service provider.
  11. You(customer) will compensate and defend the company fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
  12. Please note that we are not responsible for the behaviour, actions or inactions, accuracy, efficiency of Service Provider, quality of Service which you may use (through us or otherwise).Any Contract for the provision of services is exclusively between you and the Service provider and not us(company) in any manner whatsoever and we simply provide a platform to introduce Service provider and Customer seeking the said service.
  13. You agree that Kick Kare may at any time terminate your access to the App or Website or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability.
  14. Kick Kare shall be entitled at any time without giving any reason to terminate the booking of services done by you.

You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service.Kick Kare Services cannot be held liable for any damage, cost or expense incurred to such service as a result of a failure to provide adequate access or arrangements for service.(a)To offer services at the place of service requested by you in your order (b)To deliver within the time confirmed in your order (c)To inform you if they expect that they are unable to meet the estimated service time.

3. Charges and Payment

You will make payment in full to Service provider introduced to you through us for any services provided by such Service provider to you through company app or website. You shall be required to pay the minimum charges & Repair charges along with the spare parts costs, if any installed or replaced/ substituted in the products, to the Service Provider and the minimum service charges Rates can be found on the Website or app of the Company. The Service charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the prevailing minimum charges for theservices. And you should confirm the same from the Service provider about the service charge for the repair of the products before initiation of the Service. You agree that you will pay for all services you avail from the Service Provider either by way of cash, cheque, online payment, or any other payment method introduced by the company. Any payment made is non-refundable. After the completion of the Service, we will facilitate for you to receive a copy of the acknowledgement from the Service Provider on your registered e-mail account with the Company.

Some services charges will be decided after inspection by vendor at your premises and for that minimum visiting charge will be applicable and will be adjusted in final service bill if service availed.

The final price towards the service will be confirmed after the inspection/ visit and before commencement of the service after knowing customer/user requirement or service need. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash only if any part is to be repaired or replaced

4. Indemnification

By accepting these User Terms, you agree that you shall defend, indentify and hold the Company, its affiliates, its licensors, directors ,and each of their officers, other users, employees, liabilities attorneys and agents harmless from and against any and all claims, costs, damages, losses, and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable laws or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the Website.

5. Liability

The information, recommendations provided to you on or through the Website is for general information purposes only and does not constitute any advice. The Company will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website are correct, up to date and accurate in all means.

The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000.

The quality of the services requested through the use of the mobile Application or the Service is entirely the responsibility of the Service Provider who ultimately provides such services to you. The Company under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the services provided by the Service Provider should therefore be submitted to the Service Provider.

The Kick Kare will be available for use, or that all services, features, functions, or operations will be available or be performed as described the services, The Kick Kare Services App and/or Website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, Kick Kare is not responsible or liable for any malicious code, delay, inaccurate, error or omissions arising out of your use of the Kick Kare service.

You understand, acknowledge and agree that you are assuming entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security, and validity of any and all features and functions of the Kick Kare service, including, without limitations, postings, and materials associated with your use of the Kick Kare.

You understand and agree that to the fullest extent permissible by law, the Kick Kare service, Kick Kare and their successors and assigns or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage of any kind direct or indirect, in connection with or arising from use of the Kick Kare service or from this terms of use, including but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages

6. Intellectual Property Rights

The Company is the sole owner of all the rights to the web site or any other digital media and its contents mentioned on the website. The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Kick Kare. Other trademarks, names and logos on this Website are the property of their respective owners. The website or any other digital media content represent trade secrets and intellectual property rights protected under applicable laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives as the case may be.

  1. All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
  2. All related icons and logos are trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

7. Modification of the Service and User Terms

The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. The Company may also impose restrictions on certain features and services or restrict your access to parts or all of the Service without notice or liability.

8. Notice

The Company may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.

9. Privacy and Cookie

The Company collects and processes the information of the visitors/ registered customers of the Website and the promotional offers may be sending by the Company on time to time basis unless the same is denied by them by informing to the Company.

10. Excusable Delays (Force Majeure)

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its acceptable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes,rebellions, accidental explosions, floods lock-out, riots, storms, acts of God and similar event occurrence.

11. Miscellaneous

In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at Lucknow. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order the specific performance of this agreement. Subject to the foregoing, the Courts at Lucknow, Uttar Pradesh only shall have exclusive jurisdiction.

The Courts of Lucknowshall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All the claims and disputes arising under this Terms and Conditions should be notified to the Service Provider or Company within 30 days from the service date after which no claim shall be entertained.

This is last updated on August 2, 2019