This document is an electronic record of terms of Information Technology Act, 2000 and rules therin under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.
(b)This website www.avnihomeservices.com is completely owned and operated by AVNI HOME SERVICES LLP.
(a)"Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using the Avni Home Services.
(b)"User" or "you" means any person who accesses or uses the Avni Home Services for his own purpose or on behalf of someone else and that includes any legal entity.
(c)"User's Content" means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the Avni Home Services.
(d)"Order" or "Job": means any order placed for services through the Avni Home Services Website/ on Telephone or any other medium or platform.
(e) "Agreed Time" means the appointed date and time for your services to be provided and as mentioned in the registration form.
(f)"Vendor" wherever applicable means a third party, who has agreed to co-operate with Avni Home Services to offer its services.
(g)"Avni Home Services" means collectively including all content provided through the Avni Home Services website.
(h)"Website" means Avni Home Services and all web-pages appearing, appended, available along with this Website.
Acceptance of Terms
Avni Home Services Use
Modification to Terms and Services
Eligibility and Accessibility
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge, and agree that you are at least 18 years of age and are legally capable of entering into a legal contract and have understood and voluntarily accepted the Terms.
Rules Of Conduct
The Avni Home Services shall facilitate the User to order or book services online by using the Avni Home Services Website or calls. You acknowledge agree, that you have complete responsibility while ordering services through the Avni Home Services Website or calls. The User's discretion is required while using the Avni Home Services.
The Avni Home Services shall be used solely for User's non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
User's Use of the Avni Home Services is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available in any other manner, decode the Avni Home Services Website.
You agree that, any contract for the service ordered through use of Avni home services Website or calls is between "You" and "Avni home services", any contract for the supply of Avni home services from the Avni home services website is between "You" and "Avni home services". You agree to take reasonable care when providing Avni home services with your details and warrant that these details are accurate and complete at the time of ordering a service. Avni home services and/or Services purchased/availed from the Avni home services Website is intended for your use only and that "You" are acting as an end customer only and not as an agent for another party while using the Avni home services.
You understand that some type of services may be suitable for Users within certain age ranges and gender only unless mentioned otherwise. It is your sole responsibility to check whether the service you are ordering is suitable for the intended recipient. You understand that, if the ordered service is within the capacity of the Avni home services or it's associated vendors, Avni home services will accept the contract and confirm it to you. If the details of the order are correct, the contract for the service will be confirmed by text message (SMS) and/or other medium to the User.
In case the service offered by Avni home services is ordered, Avni home services will confirm availability together with or separately from service.
The confirmation message will specify delivery details including the approximate service time specified by Avni home services. In case service is not possible for whatsoever reason, Avni home services will let you know by text message (SMS), phone call and/or other medium. You understand and acknowledge that in unforeseeable events or Force Majeure events, Avni home services may not be able to reach and/or communicate with you about the non-availability of the scheduled service.
Prices And Payment
All prices listed on the Avni home services Website for services are correct at the time of publication and is as received vendors wherever applicable. While Avni home services takes great care to keep them up to date
Visit Charge: Visit charge will be applicable on every order if customer denies to allow technician to complete the task after the visit. Its means once technician reached at customer place and client denied to accept solution then client have to pay minimum visiting charges which is mentioned in price list of every service category.
You will make payment in full to Service provider introduced to you through us for any services provided by such Service provider to you. You shall be required to pay the minimum charges or Repair charges along with the spare parts costs (whichever is high), 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 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 the services. 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, the final price charged to you by Avni home services or the vendor may change at the time of delivery based on the latest menu and prices. Avni home services reserves the right to alter the menu of the services available for usage on the Avni home services Website and to delete and remove them if needed.
All prices listed on the Avni home services Website for services by Avni home services or its associated vendors listed on the Avni home services Website reflect the price charged by Avni home services or the vendor or its service partner at the time of listing. In the event where the vendor or the service partner informs Avni home services immediately after placing the order by the User, about the change in price for the service, Avni home services will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time
The final cost towards the service will be confirmed after the inspection/ visit and before commencement of the service. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the Avni Home Services Website, by online payment including through credit card, debit card, net banking or wallet.
If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.
(a) The Company provides technology based services for providing home solutions in such as repairing / services of home products to you and you agree to obtain the services offered by third party technicians / Service Providers / Private Repair Professionals ("the Service Provider"). All the Services provided by the Company to you by means of your use of the registration on website of the Company are hereinafter referred to as the "Service."
(b) The entire Booking request as may be directed by the customer shall be forward to the concerned repair professional/service provider by the Company. The Service Provider shall be provided on availability basis and the same shall be communicated to the customer through the company internal mechanism procedure, however, it is clarified that on availability of the Service Provider, the communication details of Service Provider & Customer shall be shared between both of them by the Company for the ease of both the parties to perform or exercise their rights & obligations.
(c) In case, the Service Provider accepts the booking request made by you with the Company, your information is sent to the Service provider including your name, contact number etc.
(d) Company shall endeavor reasonable efforts to bring you in contact with the Service Provider in order to render the required service subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.
(e) Service time quoted at the time of ordering is approximate only and may vary. Services will be delivered to the address as intimated by you while ordering. In case service is done by Company or vendor or a third party delivery service provider assigned by Avni home services, Avni home services will take reasonable care to deliver in a timely manner. No responsibility is taken for late service by Avni home services in either case.
(f) In case of a late service, no charges will either be voided or refunded by Avni home services.All risk in the service shall pass to you upon availing the service though Avni home services takes ample precaution to avoid any such risks.If you fail to accept the service at the time they are ready or Avni home services is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the service shall be deemed to have been delivered to you and all risk and responsibility in relation to such orders shall pass to you. Any storage, insurance and other costs which Avni home services incurs as a result of the inability to service shall be your responsibility and you shall indemnify Avni home services in full for such cost.
(g) You will treat Service provider introduced to you through us with respect and not to cause damage to them or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their service;
(h) 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 to the Service Provider due to any such transfer or products to the Service provider for Service.You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service. Avni home 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.
1. To offer services at the place of service requested by you in your order;
2. To deliver within the time confirmed in your order;
3. To inform you if they expect that they are unable to meet the estimated service time.
(I) Avni home services, the vendors or the service partners shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
You understand and accept that it might not be possible for Avni home services, vendor or service partners to offer services to some locations. In such cases, Avni home services will inform you accordingly and arrange for cancellation of the order or service to any alternative delivery address.
Cancellation by Avni home services
Please note that there may be certain services that we are unable to accept and must cancel. We reserve the right and it is totally at our sole discretion, to refuse or cancel any service for any reason due to inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellation by Customer
You must notify Avni Home Services immediately if you decide to cancel your order, through email, SMS or by phone. If Avni Home Services accepts your cancellation, no cancellation fee is applicable. If Avni Home Services is unable to accept your cancellation due to some reason e.g. because task force has been allocated and/or task force is already out for service, the order for the service may not be cancelled. Avni Home Services will not be able to refund the money already paid for any cancelled order, for which service arrangements have been made already.
Avni Home Services may cancel an order if the service is unavailable for any reason. Avni Home Services will notify you in such case and return any payment that you have made. If the cancellation was made in time and once Avni home services has accepted your cancellation, Avni home services will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days.
In the unlikely event, if Avni Home Services offers a wrong service, you have the right to reject the service of the wrong order and you shall be fully refunded for that order or if you decide not to opt for the correct service. The order's completeness will be decided by comparing offered service with the booked service. In case if the Participating Restaurant can only do a partial delivery wherever applicable, you have the right to refuse a partial order.
In cases of addresses being incomplete, Avni Home Services reserves the right to cancel such orders automatically.
Where Avni home services have requested information from you to provide service, you agree to provide Avni home services with accurate and complete information. You authorize Avni home services to use, store or otherwise process your personal information in order to provide the service to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where Avni home services believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the service to you in future You are entitled to request a copy of the said personal information Avni home services holds about you. Please contact us if you wish to request copy of this information.
Personal Information And Privacy
User understands and acknowledges that by choosing Avni Home Services you have allowed Avni Home Services to use your personal information. User understands, acknowledges and agrees that although Avni Home Services provides appropriate firewalls and protections, the Avni Home Services is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Avni Home Services is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Avni Home Services and/or any particular user(s), Avni Home Services will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
Ownership Of Intellectual Property
All data, information is the property of Avni Home Services or its Users. If you believe that the Avni Home Services contains elements that infringe your intellectual property rights in your work, please notify Avni Home Services immediately. If Avni Home Services receives intellectual property right infringement claim notification and it is felt appropriate, Avni Home Services may remove all such content from the Avni Home Services Website which is indicated as infringing and/or take any other appropriate action.
Disclaimer and Limitations of Liability
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
(a). 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.
(b). 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.
(C). Without prejudice to the generality of the section above, the total liability of Avni home services to you for all liabilities arising out of this User Agreement is it in tort or contract is limited to the value of the product ordered by you.
(d). The quality of the services requested through the use of the 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, behavior, 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.
(e). The Avni home services will be available for use, or that all services, features, functions, or operations will be available or be performed as described the services, The Avni home services and Website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, Avni home services is not responsible or liable for any malicious code, delay, inaccurate, error or omissions arising out of your use of the Avni home services .
(f). 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 Avni home services, including, without limitations, postings, and materials associated with your use of the Avni home services.
You agree to indemnify and hold harmless Avni Home Services and (as applicable) Avnihomeservices.com parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Avnihomeservices.com, made by any third party arising out of your breach or non-performance of terms of the User Agreement, Avni Home Services Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
These Terms contain the entire understanding and agreement between User and Avni Home Services and supersedes any and all prior or inconsistent understandings relating to Avni Home Services and your use of Avni Home Services. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of Avni Home Services is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed by the Avni Home Services, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Noida, Ghaziabad, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
Without limiting the foregoing, under no circumstances shall Avni Home Services be held liable for any damage or loss due to deficiency in performance of the Avni Home Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.