The Vendor Terms of Use govern your use of the website, and services available under the domain www.apnamechanik.com and mobile applications (hereinafter referred to as the “Platform”). In this Vendor Terms of Use, the words “Vendor”, “you” and “your” refer to each service provider who will be providing services to the users. The words “we”, us”, “our”, “ApnaMechnik” or “company” refer to Revotech Service Media Private Limited, its subsidiaries, and affiliates.

By using our platform, you agree to be bound by the following: (i) Vendor Terms of Use; (2) Vendor Privacy Policy; and (iii) Disclaimer and including any future amendments herein. That the Vendor Terms of Use, and Vendor Privacy Policy hereinafter may be referred to collectively as the “Policies”. You also agree that by using the Platform or use any of the services, made available on the Platform, you have read and understood the Policies mentioned herein, as together the said Policies forms a binding agreement (the “Agreement”) between you and/or the company/firm/corporate body you are representing and the company regarding your use of the Platform and the services provided on the platform.

1. Age Confirmation- You affirm and confirm that you are more than 18 (Eighteen) years of age, having sound mind, with free will and without any coercion or undue influence and fully able and competent to enter into the agreement, policies, terms, conditions, obligations, affirmations, representations, and warranties set forth in these Vendor Terms of Use and Policies.

2. Acceptance-
2.1. The following Vendor Terms of Use govern your use of the platform, services, materials and documents being made available to you. By creating an account on the platform or by using the Services, you signify electronically your acceptance to all policies, terms, conditions, and notices contained or referenced herein and to comply in accordance with the present Vendor Terms of Use and other policies.
2.2. If you do not agree to be bound by these Vendor Terms of Use and other policies, you may not use the platform in any way.
2.3. If this Vendor Terms of Use conflicts with any other document, this Vendor Terms of Use will prevail for the purposes of usage of the platform.
If you use the platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the platform. You agree and acknowledge that you will use your account on the platform to purchase products only for your personal use and not for business purposes. ApnaMechnik reserves the right to refuse access to the platform, terminate accounts, remove or edit content at any time without notice to you.
2.4. By providing Us with Your User Information, You confirm that:
2.4.1. The User Information provided by You is accurate and genuine;
2.4.2. The mobile phone number provided by You belongs to you, has been validly acquired under applicable law, and You may be contacted on the number by way of calls or SMS messages by Us or Our Providers; and
2.4.3. You shall immediately notify Us of any unauthorized use of Your User Information or any other breach of these Terms of Use or security known to You.

3. Vendor Services-
3.1. The Vendor Services is a Service that allows you to enroll as a service provider and provide various household services, including but not limited to, home electrical and non electrical appliances repair, installation, de-installation, servicing, plumber services, cleaning services, electrician services, carpenter services, painter services and pest control services (hereinafter referred to as the “services”) to the users.
3.2. Subject to eligibility and approval for ApnaMechnik you may be allowed by ApnaMechnik to provide Vendor Services to its users upon booking.
3.3. The Vendor once booked for a service shall not leave/ cancel/ delay/ reschedule a service without the prior permission of the user and ApnaMechnik. A Vendor shall indemnify ApnaMechnik to the full extent for any damages arising due to breach of this clause.
3.4. ApnaMechnik provides service warranty only on all services provided to its users. You acknowledge and accept that in case of defective/ incomplete/ improper service you shall provide a free of cost replacement service to the user where you have provided service.

4. Service Booking and delivery-
4.1. A user will book a service from the platform, and the company upon receiving the booking request shall forward you the details of user and service required. You shall within stipulated time accept or reject the said booking or service request.
4.2. You upon acceptance of the booking or service request shall not leave/ cancel/ delay/ reschedule a service without the prior permission of the user and ApnaMechnik. You shall indemnify ApnaMechnik to the full extent for any damages arising due to breach of this clause.
4.3. You may obtain personal information about the user and you shall not use the said information, in any manner whatsoever, to harass or injure a user.
4.4. The platform enables You to interact with the users and any transactions between You and any user are strictly bi-partite. We are not and cannot be a party to, or control in any manner, any Transaction between You and any user. We shall not and are not required to mediate or resolve any disputes or disagreements between the You and any user. Your further acknowledges that only you shall be responsible for any harassment, misbehaviour, assault, theft or other criminal acts or damage to the property of the user.

5. User Account- If you use the platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us within the “Your Account Area” of the platform.

You agree to use the platform and its services as provided by the company, only in a manner which is permitted by the policies and the law. You further agree to never misuse the same. In case the Company finds any non-compliance by you of the Policies, the Company may suspend your account on the platform or stop providing you the Services.

The company shall have a right to suspend your account or termination permanently without giving any notice to you if, including but not limited to;

5.1. your performance rating is low;
5.2. high number or serious complaint against you;
5.3. manipulation or unethical or solicitation by you to increase rating or feedback;
5.4. misbehavior or solicitation by you;
5.5. any infringement of Intellectual property rights, such as copyrights, or trademark;
5.6. misrepresentation, incomplete or improper profile details;
5.7. non payment of charges/penalties to the company;
5.8. false claims or copied study materials;
5.9. exchange or asking for personal details of the users; and
5.10. providing/soliciting users to directly or indirectly avail services from you or any other person or company.

6. No Employment- The Vendor Services are made available solely for your commercial use, unless ApnaMechnik has agreed with you otherwise in a separate agreement. You acknowledge that there is no contract of employment between yourself and ApnaMechnik and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these Terms or your provision of services to Users. ApnaMechnik shall supervision, directions or control over the Vendor Services that you offer to Users. You will obtain and possess at your own cost and at all times, while accessing and using the Services, the necessary approvals/licenses/tax registrations required to offer your services to Users. You have no authority to bind ApnaMechnik in any respect.

7. Payment terms and Refunds-
7.1. This payment structure and determination of the amounts to be paid by the Users to you is intended to fully compensate you for the services provided by you to the User. ApnaMechnik will, on your behalf, generate an invoice for the services provided by you to the User. The invoice will be raised in your name and sent to the User via the our Platform and/or any other mode of communication.
7.2. After delivery of a service and during service warranty period, upon a request by the user, and to the satisfaction of ApnaMechnik, ApnaMechnik may choose to refund the Service Fees paid by the user. In case of a refund you authorise the company to deduct from your pay or you warrant to the company to deposit an amount equivalent to the amount of the refund or charge with the company.

8.Taxes- You understand that ApnaMechnik is acting solely as an intermediary for the collection of payments and fees between Users and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. ApnaMechnik cannot and does not offer tax advice to you. Additionally, any other applicable taxes (whether direct or indirect) that are liable to be deducted on your behalf will be done so by ApnaMechnik and the payment due to you from the Users will be net of such deductions towards applicable taxes.

9.No Discrimination. ApnaMechnik prohibits discrimination against other service providers or users based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any your refusal to provide services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to ApnaMechnik platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.

10.Fee and Charges- You will pay us: (a) Platform Fee; (b) Transaction Fee; (c) Penalty; and
(d) Applicable Taxes during the Term of this Agreement, more specifically mentioned in

Annexure A (Fee and Charges) of this policy.

“Platform Fee” means the fee applicable on coach/ trainers/ teachers/ counselor Vendor for using service available on the platform;

“Transaction Fee” means applicable bank charges and transaction fee on your Transaction through the platform; and

“Penalty” means applicable penalties due to violation of these Vendor Terms of Use.

11.Remittances- Remittances of any payment collected by the company on your behalf shall be made by the company, through the online bank, or to your bank account in accordance with payment cycle more specifically mentioned in Annexure B (Payment Cycle and Reserve) of this policy. You hereby agree and authorize us to collect payments on your behalf from our users for services rendered through the platform. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with this policy to a bank, auditor, processing agency, or third party contracted by us in connection Subject to and without limiting we may hold back a portion or your service fee as a separate reserve (“Reserve”) more specifically mentioned in Annexure B (Payment Cycle and Reserve) of this Agreement. The Reserve will be in an amount as determined by us and the reserve will be used only for the purpose of settling the future claims of users or refunds and chargebacks.

12.Social Media Activities-
12.1.You shall not use social media platforms or other mediums to defame, threat or attempt to threat, or cause any harm to the company or its affiliated companies, and its employees, contractors, agents, officers and directors. You shall not (a) disclose the Company’s Confidential Information on social media sites; (b) make defamatory or harassing statements about the Company, its related persons; (c) use or reproduce without authorisation Company’s name, logo, website link.
12.2.If you are found to do any such activity then the company shall have the liberty to take appropriate civil and criminal action against you.

13.Amendment- You agree that the company reserves the right, and has the sole discretion to amend any clauses by way of amendment, addition, variation or repeal or revise these Vendor Terms of Use and other policy at any time. Your continued use of the platform or the Services following the posting of any changes to the Vendor Terms of Use of any other policy constitutes your acceptance of those changes.

14.Use Of Our Platform-
14.1.You agree to use the platform and the Services as provided on it, only in a manner which is permitted by the policies and the law. You further agree to never misuse the same. In case the Company finds any non-compliance by you mof the Policies, the Company may suspend your account on the platform or stop providing you the Services.
14.2.It is agreed by you that by using the platform or Services, it does not give you ownership of any Intellectual Property Rights in them or the content that you access. Further, by using the Services you are not granted the right to use any branding or logos used in them and you are prohibited from removing, or altering any information displayed in or along with our Products and Services.

15. User Content And Disable Of Account-
15.1. Some areas of the platform and the Services, allow you to make available certain information such as your name, email address, phone number, address or other information or in the process of using any of the Services shall constitute “User Content”. The Company claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow us or others to view and/or share your User Content in accordance with your settings in the use of Services. Further, the Company shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.
15.2. Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current;
(ix) violates any policy or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the platform or Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the platform and Services and deleting or revising any content posted by another person or entity. You agree that any information that you post does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.

16.Intellectual Property Rights
16.1.It is agreed by you that by using the platform or Services, it does not give you ownership of any Intellectual Property Rights in them or the content that you access. Further, by using the Services you are not granted the right to use any branding or logos used in them and you are prohibited from removing, or altering any information displayed in or along with our Products and Services.
16.2. The trademarks, logos and service marks (“Marks”) displayed on the platform are our property and/or the property of the company. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission from the company. All information and content including on or through the site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes.
16.3. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the company protected by copyright as a collective work under the applicable copyright laws. The company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print/ save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the site or a platform otherwise owned or operated in conjunction with the company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.

17. Privacy- Users of the platform and Services should refer to the Company’s Privacy Policy for information about how the Company uses, collects and discloses information to third parties. Our Privacy Policy, which is hereby incorporated into this Agreement, explains how the Company treats your personal information, and protects your privacy, when you access the Application.

18. Third-party Links- The Products and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party Websites, information, materials, products, or services. If you access a third party website from the Products and Services, you do so at your own risk, and you understand that this Agreement and the Company’s Privacy Policy do not apply to your use of such Websites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Products and Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

19.Indemnity
19.1.You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the platform and Products and Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
19.2. Further, you agree that, if you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products and Services or violation of any of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

20. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES- THE CONTENT ON THE PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE PLATFORM OR THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

21.Company’s Liability For Its Services- It is agreed by you that, when permitted by law, the Company will not in any way be responsible for any loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. In all cases, the Company will not be liable for any loss or damage that is not reasonably foreseeable.

22.Interpretation- The Company shall have the exclusive right to interpret the Vendor Terms of Use and other policies including any future amendment.

23.Dispute Resolution- If any dispute, controversy or claim arises under this Agreement, including any question regarding the existence, validity or termination of this Agreement (hereinafter “Dispute”), the parties shall use all reasonable endeavours to resolve such Dispute amicably through mediation and consultation. If the parties are unable to resolve the Dispute amicably within 30 (Thirty) days of the notice of such Dispute, the Parties shall resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter mentioned to asto as “Act”). The Dispute shall be resolved by a sole arbitrator, mutually appointed in accordance with the Act.

The seat of the arbitration shall be and the language of this arbitration shall be English. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad. Any arbitration shall be confidential, and the Parties shall not disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitral award. All administrative fees and expenses of arbitration will be divided equally between the Parties. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

24. Governing Law And Jurisdiction- Any dispute or claim arising out of or in connection with the Policies shall be governed by and construed in accordance with the law of The Republic of India and the courts of Hyderabad shall have the exclusive jurisdiction to entertain any disputes.

25. Legal- The Company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Vendor Terms of Use, including without limitation, removing the User Content from the web-site and/or terminating the offending User’s ability to access the web-site and/or use the services.

26. No Objection- User hereby express that it has no objection upon any call/SMS/ Communication by the Company, any third party on its behalf or any other party authorized by the Company, communicating to User with regard to the Services. Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to the Company’s Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI and other alike authorities in other country’s guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.