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Terms and Conditions
These terms and conditions govern the use
of services made available on or through https://www.dusties.in
and/or the ‘Dust Buddies Private Limited’ mobile application (collectively, the
“Platform”, and together with the services made available on or through the
Platform, the “Services”). These terms also include our privacy policy,
available at https://www.dusties.in/privacypolicy,
and any guidelines, additional or supplemental terms, policies, and
disclaimers, made available or issued by us from time to time.
By using the Services, you represent and
warrant that you have full legal capacity and authority to agree to and bind
yourself to these terms. If you represent any other person, you confirm and
represent that you have the necessary power and authority to bind such persons
to these Terms.
By booking a service through ‘Dust Buddies
Private Limited’, you agree that you have read, understood, and are bound by,
these Terms, as amended from time to time, and that you will comply with the
requirements listed here. These terms expressly supersede any prior written
agreements with you. If you do not agree to these terms, or comply with the
requirements listed here, please do not use the Services.
1.
SERVICES
(a)
The Services include the
provision of the Platform that enables you to arrange and schedule different
home-based services with independent third-party service providers of those
services (“Service Professionals”). As a part of the Services, ‘Dust Buddies
Private Limited’ facilitates the transfer of payments to Service Professionals
for the services they render to you and collects payments on behalf of such
Service Professionals.
(b)
The Platform is for your
personal and non-commercial use only, unless otherwise agreed upon in
accordance with the terms of a separate agreement. Please note that the
Platform is intended for use only in India.
(c)
A key part of the Services is ‘Dust
Buddies Private Limited’s ability to send you text messages, electronic emails,
or Whatsapp messages, including in connection with your bookings, your
utilisation of the Services, or as a part of its promotional and marketing
strategies. While you may opt out of receiving text message by contacting ‘Dust
Buddies Private Limited’ at support@dusties.in
or through the in-Platform settings, you agree and acknowledge that this may
impact ‘Dust Buddies Private Limited’ ability to provide the services (or a
part of the Services) to you.
(d)
You are required to furnish
identification proof to avail the services, and hereby agree to do so. A
failure to comply with this request may result in inability to use the
Services.
(e)
‘Dust Buddies Private Limited’
provides, maintains, updates and provides the following information:
(i) Background Verification Report
(ii) Aadhar Verification
(iii) Police Verification Report
(iv) Training of the worker for the required job skill(s) and soft skill(s)
(v) Replacement Guarantee
(f)
‘Dust Buddies Private Limited’
will provide trained and professional workers as per industry standards. ‘Dust
Buddies Private Limited’ is however, not liable for any untoward incidents like
theft, illegal activities, damages, etc. ‘Dust Buddies Private Limited’ will
assist in filing a police complaint if the situation requires such a step in
addition to blacklisting the worker from its database and partner database
websites.
2.
CONSENT TO USE DATA
(a)
You agree that we may, in
accordance with our Privacy Policy, collect and use your personal data. The privacy
Policy is available at,https://www.dusties.in/privacypolicy
and it explains the categories of personal data that we collect or otherwise
process about you and the manner in which we process such data.
(b)
In addition to any consent, you
may provide pursuant to the Privacy Policy, you hereby consent to us sharing
your information with our affiliates, or third party service providers. We may
use information and data pertaining to your use of the Services for provision
of the services, analytics, trend identification, and purposes of statistics,
to further enhance the effectiveness, and efficiency of our services, and
provision of beneficial schemes, new offers, and for experience enhancement.
(c)
Subject to applicable laws, we
may be directed by law enforcement agencies or the government and related
bodies to disclose data in relation to you in connection with criminal and
civil proceedings. You understand and agree that in such instances we shall have
the right to share such data with relevant agencies or bodies.
3.
PAYMENT PROCESSORS
(a)
We may use a third party
payment processer to bill you through your selected mode of payment. The
processing of payments will be subject to the terms and policies of such
payment processor in addition to these terms. We shall not be liable for any
error of the payment processor. In the event of any unsuccessful payment, the
money debited shall be credited in accordance with the terms of the payment
processor.
4.
CUSTOMER CONDUCT
(a)
‘Dust Buddies Private Limited’
prohibits discrimination against Service professionals, including on the basis
of sex, age, race, religion, caste, national origin, sexual orientation, marital
status, gender identity, or any other characteristic that may be protected
under applicable law.
(b)
By agreeing to these terms of
use, the customer agrees to behave in an appropriate manner with the worker and
not torture the worker mentally or physically in any way
(c)
You agree that in the event, a
Service Professional behaves in a manner that is discourteous, disrespectful,
abusive, inappropriate, or in violation of the law, you shall be required to
report such incident to founder@dusties.in
at the earliest, but in any event within 48 (forty eight) hours of such
incident.
(d)
The worker has the right to get
fresh and timely meals, a clean and hygienic place to sleep, bathe (applicable
for full time workers), and defecate etc. Please note, according to labour laws
in India, "in any working day of six or more hours, work shall cease for
rest and refreshment for not less than ¾ of an hour, including one continuous
break of not less than half an hour." It is our request that you adhere to
the above and even for shorter durations, accommodate a small break time of a
few minutes for their health and safety.
(e)
The customer cannot ask the
worker to execute services other than the ones the worker has been booked for
as per the scope of work in the online/written communication. If the worker is
asked to do additional work, it is up to the worker to agree to such work, at a
cost additional to the existing pay that the customer shall be liable to pay
directly to the worker through Dust Buddies Private Limited’s online payment
modes.
(f)
The monthly charge of the work
will be in INR per month with standard working hours per day, during the period
of agreement
5.
CUSTOMER RESPONSIBILITIES
(a)
You represent and warrant that
all information that you provide in relation to the Services is complete, true
and correct on the date of agreeing to these Terms and shall continue to be
complete, true, and correct while you avail the Services. Should any
information that you provide change during the existence of these Terms, you
undertake to immediately bring such change to our notice. We do not accept any
responsibility or liability for any loss or damage that you may suffer or incur
if any information, documentation, material, or data, provided to avail the
Services is incorrect, incomplete, inaccurate, or misleading or if you fail to
disclose any material fact.
(b)
You shall extend all
cooperation to us in our defence of any proceedings that may be initiated
against us due to a breach of your obligations or covenants under these terms.
6.
OUR INTELLECTUAL PROPERTY
(a)
All rights, titles, and
interests in, and to the Services, including all intellectual property rights
arising out of the Services, are owned by or otherwise licensed to us.
(b) We may request you to submit suggestions and other feedback,
including bug reports, relating to the Services from time to time. We may
freely use, copy, disclose, publish, display, distribute, and exploit the
Feedback we receive from you without any payment of royalty, acknowledgement,
prior consent, or any other form of restricting arising out of intellectual
property rights.
7. DISCLAIMERS AND WARRANTIES
(a)
The services are provided on an
“as is” basis without warranty of any kind, express, implied, statutory or
otherwise, including without limitation the implied warranties of title,
non-infringement merchantability, or fitness for a particular purpose. Without
limiting the foregoing, we make no warranty that the services will meet your
requirement or expectations.
(b)
No advise or information,
whether oral or written, obtained by you from us shall create any warranty that
is not expressly stated in the terms.
(c)
While Dust Buddies Private
Limited strives to provide accurate information about Services, pricing errors
may occur from time to time.
(d)
You agree and acknowledge that
we are merely a Platform that connects you with Service Professionals, and we
shall not be liable in any manner for any obligations, that have not been
expressly stated in these terms. We are not liable or responsible for
fulfilment of any bookings, for the performance of the services, by any Service
Professional, or for any acts or omissions of the Service professionals during
their provisions of the services including any damage they may cause to the property.
By booking service through our platform (https://www.dusties.in
or its Mobile based application etc.), you are entering into a contract with
the relevant Service provider for the provision of those services, and we
accept no responsibility or liability , nor do we make any warranty, representation,
or guarantee in respect of the Service Professional’s performance under that
contract.
(e)
You agree and acknowledge that
soliciting or receiving services from any Service Professional independently is
solely at your own risk, and in such event, you waive any rights that you may
have under these terms.
(f)
You hereby accept full
responsibility for any consequences that may arise from your use of the
Services, and expressly agree and acknowledge that we shall have absolutely no
liability in this regard.
(g)
To the fullest extent
permissible by law, we, our affiliates, and our related parties,, each disclaim
all liability for any loss or damage arising out of or due to:
(i) your use of, inability to use, or availability or unavailability of the
Services.
(ii) the occurrence or existence of any defect, interruption, or delays, in the
operation or transmission of information, to, from or through the services,
communications failure, theft, destruction, or unauthorised access to our
records, programmes, services, servers or other infrastructure relating to the
Services.
(iii) the failure of the services to remain operational for any period of time
(iv) the loss of any user content or any other data in connection with your use
of the Services.
(h)
In no event, shall Dust Buddies
Private Limited, its officers, directors, and employees, or its contractors,
agents, licensors, or suppliers, be liable to you for any direct, special,
indirect, incidental, consequential, punitive, reliance or exemplary damages, (
including without limitation, lost business opportunities, lost revenues, or
loss of anticipated profits, or any other pecuniary or non-pecuniary loss or
damage of any nature whatsoever, including but not limited to any abuse or
breach of data), even if Dust Buddies Private Limited or an authorised
representative had been advised of the possibility of such damages, arising out
of, or relating to (A) these terms, (B) the Services, (C) your use or inability
to use the Services, or (D) any other interactions with another user of the
Services.
(i)
To the maximum extent permitted
by law, our liability shall be limited to the amount of commission we receive
in respect of a particular booking made on the Platform. In no event, shall our
total liability to you in connection with these terms exceed INR 5,000 (Rupees
Ten Thousand)
(j)
Nothing in these terms will
exclude or limit any warranty implied by law that it would be unlawful to
exclude or limit.
8. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These terms shall be governed by and construed and enforced in
accordance with the laws of India. Subject to other provisions in this clause,
courts in New Delhi shall have exclusive jurisdiction over all issues arising
out of these terms or use of the Services.
(b) Any controversies, conflicts, disputes, or differences, arising out
of these Terms shall be resolved by arbitration in New Delhi in accordance with
the Arbitration and Conciliation Act, 1996 for the time being in force, which
is deemed to be incorporated by reference in this clause. The tribunal shall
consist of One (1) arbitrator appointed by Dust Buddies Private Limited. The
language of the arbitration shall be English. The parties to the arbitration
shall keep the arbitration confidential, and not disclose to any person, other
than on a need to know basis, or to legal advisors, unless required to do so by
law. The decision of the arbitrator shall be final and binding on all the
parties thereto. Each party to the arbitration shall bear its own costs with
respect to any dispute.
9. MISCELLANEOUS PROVISIONS
(a)
Changes to Term: The terms are
subject to revisions at any time, as determined by us, and all changes are
effective immediately upon being posted on the platform. It is your
responsibility to review these terms periodically for any updates or changes.
You will be deemed to have accepted the changes made to these Terms if you
continue to use the Platform once it has been posted.
(b)
Modification to the Services:
We reserve the right at any time to add, modify, or discontinue temporarily or
permanently, the Services ( or any part thereof), with or without cause. We
shall not be liable for any such addition, modification, suspension,
discontinuation of the services.
(c)
Force Majeure- We shall have no
liability to you if we are prevented from or deployed in performing our
obligations, or from carrying on our business, by acts, events, omissions, or
accidents beyond our reasonable control, including without limitation, strikes,
failure of a utility service, or telecommunications network, act of God, war,
riot, war, civil commotion, malicious damage, or compliance with any law or
governmental order, rule, regulation, or direction.