Terms of Use
Effective Date: 4th August, 2022
Welcome to Bubdi App!
These Terms of Use are the terms of agreement between the customer (“customer”,“you”, or “your”) and Bubdi App for registering with, using or accessing our Services or hiring the services of a Third Party Provider with the help of our Services (“Terms of Use”).
You must read, agree with and accept these Terms of Use as it explains the terms and conditions guiding your usage of our Services. By accessing or engaging with our Services, you agree to be bound by these Terms of Use, and you agree that these “Terms of Use” include every agreement linked herein, including the Privacy Policy. If you do not agree with anything provided or referenced herein, please do not use or access our Services.
We have the right to change the provisions contained in these Terms of Use as and when considered necessary by us, without any notice to you. If we make any such revision in the Terms of Use, we will update the effective date above and the revised Terms of Use shall be effective from such date. You must frequently check these Terms of Use and its effective date to understand the conditions that apply to your use of our Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Use.
1. OUR SERVICES
1.1. We facilitate hiring of domestic third party house help services through our technology-based service allowing you to avail services of the nature of house help, maid servant, cook, etc. registered on the Bubdi App at affordable and cheap hourly rates.
1.2. We provide our Services to you under these Terms of Use. The Services constitute provision of a technology platform that enables you, as a user of Bubdi App’s mobile application (hereinafter, the “Application”) or website to: (a) arrange and schedule home-based house help services with third party providers of those services around you, who have an agreement with Bubdi App in terms of the Terms of Use for Third Party Providers (“Third Party Provider”); and (b) facilitate making payments to Third Party Providers for their services.
1.3. You will only use the Services for personal purposes and shall not use these Services for any commercial purpose, unless we agree with you otherwise in a separate agreement. You acknowledge that Bubdi App does not provide house help services and that all such house help services are provided by independent third party contractors who are not employed by Bubdi App. Bubdi App accepts liability for the Services that it provides to you subject to these Terms of Use, whereas Third Party Providers are responsible for the services they provide to you through our Services.
Limited Licence
1.4. Subject to your compliance with these Terms, Bubdi App grants you limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (i) access and use the Services, or (ii) access and use any information, content, and any other materials which are made available to you through the Services, and only to the extent provided by these Terms of Use. If we have not expressly granted any rights to you in these Terms of Use, please consider that such rights are reserved by us and our licensors.
1.5. We reserve the right, at any time, without notice, and at our sole discretion, to terminate your licence to use the Services and to block and prevent your future access to the same.
Restrictions
1.6. You shall not:
a. remove any trademark, copyright, or other proprietary notices from any portion of our Services;
b. modify, reproduce, prepare derivative works based upon, distribute, licence, sell, resell, lease, transfer, transmit, stream, broadcast, publicly display, publicly perform or otherwise exploit our Services except as expressly permitted by Bubdi App;
c. decompile, disassemble or reverse engineer our Services, except as may be permitted by applicable law;
d. link, mirror or frame any portion of our Services;
e. cause or launch any scripts or programs for the purpose of scraping, indexing, surveying, or otherwise data ming any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
f. impair any aspect of or attempt to gain unauthorised access to the Services or its related systems or networks;
g. use our Service for any purpose that is unlawful or prohibited by these Terms of Use;
h. use the Service to cause nuisance, annoyance or inconvenience;
i. make derivative works based upon the Service, Application or website, or modify the Service, Application or website; or
j. use the Service with an unauthorised or incompatible device.
1.7. You must comply with all applicable laws, in particular (i) the Information Technology Act, 2000 and the rules thereunder; and (ii) all applicable domestic laws, rules and regulations regarding the use of the Service.
1.8. We will be entitled to immediately terminate your use of our Service if you do not comply with any of the above rules.
Third Party Services and Content
1.9. Our Services may be made available or accessed in connection with third party services and content (including advertising) over which Bubdi App has no control. You acknowledge that separate terms of use and privacy policies may apply to your use of such third party services and content. Bubdi App does not endorse such third party services and content and in no event shall Bubdi App be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. or Google Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to these Terms of Use if you access our Services using applications developed for Apple iOS or Android-powered mobile devices, respectively. These third party beneficiaries are not parties to these Terms of Use and are not responsible for the provision of our Services or support thereof in any manner. Your access to our Services using such Apple iOS or Android-powered mobile devices is subject to terms as may be respectively set forth in the applicable third party beneficiary’s terms of service.
Ownership
1.10. Our Services and all rights therein are and shall remain Bubdi App’s property or the property of Budbi App’s licensors. Using our Services or these Terms of Use do not result in conveying or granting to you any rights: (i) in or in relation to the Services except for the limited licence granted above; or (ii) to use or refer in any manner Bubdi App’s company names, logos, trademarks or service marks, product and service names or those of Bubdi App’s licensors
2. YOUR USE OF OUR SERVICES
User Accounts
2.1. If you want to use our Services, you must register through the Application and maintain a personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account unless a specific Service permits otherwise.
2.2. Account registration requires you to submit to Bubdi App certain personal information, such as your name, address, mobile phone number, referral ID, and at least one valid payment method (either a credit card or an accepted payment method). When you register, you consent to be contacted by us or a Third Party Provider with whom you book a service using our Service. You acknowledge that our registration criteria may change and you may be required to comply with such additional requirements as may be stipulated within the required time for your continued registration and access to the Service, failing which you may be deregistered from our Service with no liability to us whatsoever. Unless otherwise permitted by Bubdi App in writing, you can possess only one Account at one given time.
2.3. You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired payment method in your Payment Wallet, may result in your inability to access or use our Services.
2.4. You are responsible for all activity that occurs under your Account and agree to maintain the secrecy and security of the Account username and password at all times. If you are aware or if it seems to you that the security of your Account has been breached, you should contact us immediately via the ‘Contact Information’ details provided below. If we suspect any breach or find a breach of the security of your Account, we may require you to change your password, or we may temporarily or permanently block or suspend your account without any liability to us.
2.5. The information you provide to us shall be maintained by us in accordance with our Privacy Policy.
User Requirements and Conduct
2.6. Our Service is not available for use by persons under the age of 18. You shall not authorise third parties to use your Account. You agree to ensure that no person who is under the age of 18 years shall engage any third parties to avail any of our Services from the Application or Bubdi App’s website through your Account. You agree that you will not assign or transfer your Account to any other person or entity in any manner. You must use the Services only for lawful purposes. At the time of using the Services, you should not cause nuisance, annoyance, inconvenience, or any hurt whether to the Third Party Provider or any personnel, associate, or property of the Third Party Provider. In certain instances, we may ask that you provide us proof of identity in order to enable you to access or use our Services, and you agree that we may deny the access to or use of our Services to you if you refuse to provide proof of identity as may be requested by us.
No Liability In Case A Third Party Provider Is Not Available As Per Your Preference
2.7. As far as possible, Bubdi App will enable you to choose a Third Party Provider based on your preferences in terms of gender, religion, cooking, or eating preferences. However, in the event that there are no Third Party Providers available based on your preferences, Bubdi App may provide a list of only those Third Party Providers who are available at the time when you choose to avail the services. You agree that Bubdi App shall not be liable to provide a Third Party Provider based on your preference at all times.
2.8. You will treat the Third Party Provider with respect and not engage in any unlawful, threatening, harassing, or abusive behavior or activity whilst engaging with their service.
Text Messaging
2.9. When you create an Account, you agree that we or our Services may send you text (SMS) messages (i) complete your registration process with us, and (ii) initiate and end tracking of the services availed by Third Party Providers. These texts (SMS) messages may form part of the normal business operation of your use of our Services and you may not be allowed to opt-out of receiving such text (SMS) messages
User-Provided Content
2.10. We may permit you to submit, publish, upload or otherwise make available to us through the Services audio, visual and/or textual information and content, including feedback and commentary related to the Services and initiation of refund or support requests, as the case may be (“User Content”). An example of this can be the photograph of a dish cooked by any of the Third Party Providers made available by Bubdi App. Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free licence, 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 hereafter devised (including in connection with the Services and Bubdi App’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.
2.11. You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, invasive of another’s privacy, paedophilic, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, or otherwise offensive or unlawful, as we determine, whether or not such material may be protected by law. We may, but shall not be obligated to monitor, review, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
2.12.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 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 any updates thereto. We do 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.
3. PAYMENT
3.1. You understand that when you use the Services, you will have to pay for the services you receive from a Third Party Provider (“Third Party Provider Charges”). At the time of your booking, you shall pay, from your wallet, the hourly charges as stated against the name and details of the specific Third Party Provider and we shall collect such charges from you as an agent of the said Third Party Provider. Payment of the Third Party Provider Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
3.2. We shall charge you a convenience fee (“Fee”) for the Services provided by us to you. The Fee will be charged from you at the time of booking of services on the Application. We require you to deposit Fee under a payment deposit facility (“Payment Wallet”) we offer through our payment partners along with the Service. You may not be able to book a service with a Third Party Provider unless your Payment Wallet holds minimum adequate balance to its credit. You may add funds to your Payment Wallet as and when required. You can also view the transactions you entered into while using the Payment Wallet.
3.3. Such Third Party Provider Charges and Fee will be exclusive of applicable taxes where required by law. Third Party Provider Charges and Fee paid by you are final and non-refundable, unless we determine otherwise. Under the relevant consumer law legislation, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure.
3.4. All Third Party Provider Charges and Fee are due immediately and payment will be facilitated by us for payment to the Third Party Provider using your Payment Wallet and you may download the receipt-cum-invoice in respect of such Third Party Provider Charges and Fee from the Application.
3.5. Third Party Provider reserves the right to establish, remove and/or revise Third Party Provider Charges for any or all services obtainable through the use of the Service at any time in the Third Party Provider’s sole discretion. Further, you acknowledge and agree that Third Party Provider Charges in certain geographical areas may increase substantially during times of high demand. Our Fee may be subject to revision, and we will use reasonable efforts to inform you of the revised Fee that may apply, provided that you will be responsible for Fee incurred under your Account regardless of your awareness of such Fee, or other amounts thereof. You can cancel your request for services from a Third Party Provider any time prior to such Third Party Provider’s scheduled arrival, in which case you may be charged a cancellation fee, except where you cancel the request within five minutes of such booking. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged / deducted on cancellation fee will be charged to you by us.
3.6. In the event of non-delivery of services by the Third Party Provider, we will allow you to claim a refund of Third Party Provider Charges and Fee within forty-eight hours of the time when the service was to be delivered by the Third Party Provider. In the event of a refund claim for any other purposes, such claim must be placed within a maximum of forty-eight hours from when the service was delivered. We may ask you the reason for claiming the refund, and if we find the claim valid and reasonable, we will credit your Payment Wallet with such Third Party Provider Charges and Fee that you may have paid for obtaining the said Third Party Provider service. However, we will not be bound to refund the amount to you and our determination as to whether the claim is valid and reasonable shall be final.
3.7. We just intend to compensate the Third Party Provider fully. No portion of your payment is classified as a tip or gratuity to the Third Party Provider. Any representation by us (or our website, or in the Application, or in our marketing materials) to the effect that tipping is “voluntary”, “not required”, and / or “not included” in the payments you make for services provided doesn’t mean that we provide any additional amounts to the Third Party Provider. You understand and agree that, while you are free to provide additional payments as gratuity to any Third Party Provider obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. Once you have received services through the Service, you can rate your experience and leave additional feedback about the Third Party Provider. You may not be able to make another request for Third Party Provider service unless you have given a rating to the Third Party Provider whose services you last obtained using our Service.
3.8. It is clarified that the Third Party Provider Charges and Fee (respectively) shall be made only for the services provided by the Third Party Provider to you and for the Services provided by Bubdi App to you.
3.9. We reward you by crediting your Payment Wallet for referring our Services to any new user when the user referred by you obtains a Third Party Provider service using our Service (“Referral Reward”). We may determine any additional terms that may apply for Referral Reward including changing the amount of the Referral Reward at any time by updating the information in the “Refer Bubdi App” section within the Applications and website.