These Terms of Use ("Terms") govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (“Services”) made available by Handy Bird, a private limited company established in India, having its registered office 144 TV Samy Road, R.S.Puram, Coimbatore-641002, Tamilnadu, India.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Handy Bird. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Handy Bird may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where we reasonably suspects that:
Handy Bird may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion there of:
Without limiting its other rights under these Terms, Handy Bird may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.
You may terminate these Terms at any time, for any reason.
Handy Bird may amend the any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. Handy Bird will provide you with at least 30 days' written notice in the event of a material change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Handy Bird’s posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
Handy Bird reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Handy Bird will post the amended Terms at the website of www.handybird.in. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the website (www.handybird.in) (“ Website”) or Applications (as defined below) following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Handy Bird Platform.
Handy Bird has established a Privacy Policy that explains to users how their personal information is collected and used.
The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Handy Bird and how they may make a privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Applications is governed by the Privacy Policy. Handy Bird may disclose users’ personal information to third parties. Handy Bird may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Handy Bird may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
Handy Bird will provide the services to you under this agreement. The services constitute the provision of a technology platform that enables you, as a user of Handy Bird’s mobile application or Website to:
The Services are made available solely for your personal, non-commercial use, unless Handy Bird has agreed with you otherwise in a separate agreement. You acknowledge that Handy Bird does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by Handy Bird or any of its affiliates. Handy Bird accepts liability for the Services and the Handy Bird Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you.
You acknowledge that portions of the Services may be made available under Handy Bird’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
The Services may be made available or accessed in connection with third party services and content (including advertising) that Handy Bird does control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Handy Bird does not endorse such third party services and content and in no event shall Handy Bird be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Handy Bird’s property or the property of Handy Bird’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (" Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Handy Bird certain personal information, such as your name, address, mobile phone number and age as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Handy Bird in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow person under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Handy Bird at any time by informing Handy Bird of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Handy Bird may, in Handy Bird’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Handy Bird establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:
Handy Bird may, in Handy Bird’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Handy Bird through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Handy Bird, you grant Handy Bird a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or here after devised (including in connection with the Services and Handy Bird’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Handy Bird in its sole discretion, whether or not such material may be protected by law. Handy Bird may but shall not be obligated to, review, monitor, or remove User Content, at Handy Bird’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Handy Bird Platform and any updates there to. Handy Bird does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services from Handy Bird may result in charges to you for the same.
Handy Bird shall charge you a convenience fee (“Fee”) for the Services (Labour Charges and Material supply by Handy Bird only) provided by Handy Bird and Supporting Team to you. The Fee may be charged from you at the time of booking of services on the platform or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable, unless otherwise determined by Handy Bird or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you may be entitled to a refund for a major failure of the Services (Labour Charges and Material supply by Handy Bird only), or other remedies for a minor failure.
All Charges and Fee are due immediately and payment will be facilitated by Handy Bird using the preferred payment method designated in your Account, after which Handy Bird will send you a receipt by email if requested. If you’re primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Handy Bird may, use a secondary payment method in your Account, if available.
As between you and Handy Bird, Handy Bird reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Handy Bird’s sole discretion. Further, you acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Handy Bird will use reasonable efforts to inform you of Charges and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges, Fees or the amounts thereof. Handy Bird may from time to time provide certain users with promotional offers and discounts that may raise in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from Handy Bird at any time prior to Handy Bird’s day of arrival, in which case you may be charged a cancellation fee with the applicable taxes (whether direct or indirect) that are liable to be charged/ deducted by Handy Bird.
Any representation by Handy Bird (on Handy Bird’s website, in the Application, or in Handy Bird’s marketing materials) to the effect that tipping is "voluntary," “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Handy Bird provides any additional amounts, beyond those described above, to the Handy Bird. You understand and agree that, while you are free to provide additional payment as a gratuity to Handy Bird personnel who provides you with services, you are under no obligation to do so. Gratuities are voluntary. After you have received services, you will have the opportunity to rate your experience and leave additional feedback about service provided by Handy Bird.
It is clarified that the Charges and Fees (respectively) shall be made only for the services provided by Handy Bird to you.
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
EXCEPT AS REQUIRED OF HANDY BIRD UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” HANDY BIRD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THERE WITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
HANDY BIRD RESERVES THE RIGHT TO ACCEPT / REJECT / CANCEL / TERMINATE YOUR SERVICE REQUEST.
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, HANDY BIRD’S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN, OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
HANDY BIRD’S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: HANDY BIRD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTIOWITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HANDY BIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE HANDY BIRD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION, EVEN HANDY BIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HANDY BIRD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HANDY BIRD’S REASONABLE CONTROL. IN NO EVENT SHALL HANDY BIRD’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES FIVE THOUSAND (INR 5000).
HANDY BIRD’S SERVICES MAY BE USED BY YOU TO REQUEST AND NOT TO HOME-BASED SERVICES, BUT YOU AGREE THAT HANDY BIRD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
HANDY BIRD WILL BE LIABLE ONLY FOR SERVICES DONE THROUGH HANDY BIRD DIRECTLY AND OFFICIALY.
USING OF HANDY BIRD’S TECHNICIANS OR SUPPLY TEAM LABOUR, PERSONALY FOR ANY WORK WITHOUT ANY REASON IS AGAINST THE POLICY OF HANDY BIRD AND IF VIOLATED YOU WILL BE PROCECUTED AS PER PREVAILING LAW.
HANDY BIRD WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK IN A REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, HANDY BIRD WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAY OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF HANDY BIRD. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, AND OTHER NATURAL DISASTERS. HEAVY TRAFFIC, NON AVAILABILITY OF TECHNICIANS, ETC. HANDY BIRD WILL TAKE ATMOST CARE TO HANDLE SEVERAL ITEMS. HANDY BIRD IS NOT RESPONSIBLE FOR ANY MECHANICAL DAMAGES OR INTERNAL DAMAGES TO VARIOUS REASONS THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
You agree to indemnify and hold Handy Bird and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Handy Bird’s use of your User Content.
Your liability under this clause shall be reduced proportionately if, and to the extent that, Handy Bird directly caused or contributed to any such Losses
Safety of Technicians, Tools will be taken care by you in a safest manner when they are at your premises
ALL DISPUTES ARE SUBJECT TO COIMBATORE JURISDICTION ONLY
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided by a Third-party Provider (any "Dispute"). Handy Bird or its affiliates operate a complaints process to allow you to make complaints about Handy Bird or Third Party Providers, and Handy Bird or its affiliates also manage refunds to you in relation to those complaints. Handy Bird or its affiliates will operate this complaints process in a reasonable manner. You agree and acknowledge that you must raise any Dispute with the Services or the services provided by a Third Party Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to raise a Dispute within 48 hours from the initial occurrence of such Dispute, Handy Bird shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of the Dispute Handy Bird shall in its sole discretion choose whether or not to attempt resolution of the Dispute.
In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the relevant Consumer Law legislation.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final or binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be Coimbatore, India.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to info@handybird.in
Grievance Officer
For the purposes of Consumer Protection Act, 2019 and rules and regulations
thereunder, the grievance officer of Handy Bird shall be:
Handy Bird,
144, Thiru Venkatasamy Road, R.S.Puram, Coimbatore, Tamil Nadu, India- 641002.
E-mail: info@handybird.in
Phone: +91 9047049505
Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays.
Handy Bird may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Handy Bird by written communication to Handy Bird address at 144, Thiru Venkatasamy Road, R.S.Puram, Coimbatore, Tamil Nadu, India- 641002
You may not assign or transfer these Terms in whole or in part without Handy Bird’s prior written approval. You give your approval to Handy Bird for it to assign or transfer these Terms in whole or in part, including to:
No joint venture, partnership, employment or agency relationship exists between you, Handy Bird or any Third-party Provider as a result of the contract between you and Handy Bird or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words “including” and “include” mean “including, but not limited to.”
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