Terms & conditions
The term 'BookmyMali' or 'us' or 'we' refers to the owner of the website whose registered office is 2601, KINGSTON PALACE, CHINCHOLI BUNDER ROAD, MALAD (WEST), MUMBAI -400064 term 'you' refers to the user or viewer of our website.
NOTE: BOOKMYMALI is a SOFTWARE or a Technology company which enables the user to book BookmyMali's partner servicemen. It is upto the Partner Servicemen or Service Providers to offer the services which may be scheduled through the use of the Software or Service. BOOKMYMALI offers information and a method to obtain such third party services. The final responsibility or liability for any services provided to you lies with BookmyMali's service partners.
I. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organisation that legally operates in India or in other countries, uses and has the right to use the Services provided by BookmyMali. The Services provided by BookmyMali is a technology based service which enables the hiring of Servicemen for a home based solution of gardening through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law.
BookmyMali advises its users that while accessing the web site, they must follow/abide by the related laws. BookmyMali is not responsible for the possible consequences caused by your behaviour during use of web site. BookmyMali may, in its sole discretion, refuse the service to anyone at any time.
II. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all BookmyMali Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
III. AMENDMENT TO USER(S) AGREEMENT
BookmyMali may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.
IV. INTELLECTUAL PROPERTY RIGHTS
BookmyMali is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with BookmyMali, its affiliates or licensor's of BookmyMali content, as the case may be.
All rights, not otherwise claimed under this agreement or by bookmymaIi.com, 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. BookmyMali does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall BookmyMali be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
BookmyMali reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
All related icons and logos are applied for trademarks or service marks of BookmyMali in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of BookmyMali.
Systematic retrieval of BookmyMali content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BOOKMYMALI is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of BookmyMali 's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. BookmyMali reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the BOOKMYMALI service, or if BOOKMYMALI believes that user(s) conduct is harmful to the interests of BOOKMYMALI, its affiliates, or other users, or for any other reason in BOOKMYMALI's sole discretion, with or without cause.
V. USER ACCOUNTS, OFFERS AND PROMOTIONS
BookmyMali reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.
User accounts bearing contact number and email IDs are created and owned by BookmyMali. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. BookmyMali reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.
Most content and some of the features on the web site are made available to visitors free of charge. However, BookmyMali reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. BOOKMYMALI also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of BOOKMYMALI and/or other visitors to the web site. BookmyMali reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
VII. Terms & Conditions for use of Servicemen
The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of Servicemen:
The customer shall pay the service cost, visit or transportation cost (if applicable), item cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
The customer shall ensure that he/she will not indulge in any of the following activities:
Misusing, soiling or damaging any of the devices (technical/non-technical) of the Serviceman.
Asking the Serviceman to break any government rules for any purpose. The Serviceman has the right to refuse such a request by the customer. The Serviceman also has the right to refuse such a work or leave such customer's house.
Misusing the Service or the Software for unlawful purposes or for causing nuisance, annoyance or inconvenience.
Sharing of confidential information such as your password, etc.
The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, the Company makes no representation or warranty that:
The Services will meet the customer's requirements
The Services will be uninterrupted, timely, secure, or error-free
The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organisation involved in the above mentioned systems.
The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
In case of any structural damage caused to the property of user in relation to the service provided by the servicemen authorised by BookmyMali, BookmyMali will be responsible to bear 50% of the cost of repair/replacement subject to the maximum amount of Rs.5,000. This will be subject to a detailed inspection by BookmyMali
The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
The Company is hereby authorised to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a Serviceman booking. The location based information will be used only to facilitate and improve the probability of locating a Serviceman for the Customer.
The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
The Company shall be entitled at any time without giving any reason to terminate the booking of Servicemen done by the Customer.
The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
If the Customer suspects any Serviceman of any wrongdoing (legal or illegal) or has any complaint in respect of the Services or the use of the Servicemen, the Customer has to inform Company of the same in writing within 24hours of using the Services of Company.
The Company shall not be liable for any conduct of the Servicemen. However, the Company encourages you to notify it of any complaints that you may have against any Serviceman i that you may have hired using the Company's Services.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.BookmyMali.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.
All Servicemen registered with the Company could be continuously tracked using GPS for security reasons only.
The Company has the right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
The courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.