Terms & Conditions

If you wish to book a Technician/Private Repair Professional via our website http://www.egenie.help/ or mobile app, or by calling in at 9836482182/9051019196/9874487527, you must agree to the terms below as the exclusive basis which governs such booking and must click "I agree to EGENIE terms and conditions" box on the main registration and booking contacts information page. If you do not agree to any of the terms, do not book a Private Repair Professional/Technician via this website. If you are booking on behalf of someone else, by clicking "I agree to EGENIE's Terms & Conditions", you are representing that you have their authorization to accept these terms and conditions on their behalf.


READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE


1. General T&C


Definitions


2. Services


a) The Company provides technology based services for providing home solutions in Kolkata such as repairing / services of home products and miscellaneous services 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 forwarded to the concerned 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) It is pertinent to mention here that, the Company itself does not own / regulate the Service providers and neither there exist any employer / employee relation between them. It is the Service Provider who shall render the required services to you as per the relevant information submitted with the company while registering with the company. The provision of the services to be rendered by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement, in any manner whatsoever. In case the Service Provider does not reach your service location or fails to accomplish the job, the Company shall not be held liable to you in any manner whatsoever and neither the Customer is under obligation to make any payment in lieu thereof. In case there is a dispute arising out of the quality/ charges for a said job, all efforts shall be made to solve the issue amicable by the intervention of the company with the help of mutual discussions. The company shall not be liable for any direct or indirect costs incurred during any faulty execution of the job apart from the direct value of the job.

f) You hereby certify and confirm that the relevant information you provide to the Company while registering your request or creation of account is accurate and complete in all respect as may be demanded by the Company in the application form. The Company is entitled to an all-time verify the information that you have provided.

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.

i) You should confirm & clarify from the service provider about the time involved and the spare parts required rendering the service including the total/aggregate service charges involved therein except the minimum cost before initiation of the Service. In case the same is not discussed, it is implied that the customer is aware of the service charges and has consented to avail the services as may be informed or directed by the service provider.

j) You will compensate and defend the company fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

k) Please note that we are not responsible for the behavior, actions or inactions, accuracy, efficiency of Service Provider, quality of Service which you may use (through us or otherwise). Any Contract for providingof services is exclusively between you and the Service provider. The company is not responsible in any manner whatsoever and we simply provide a platform to introduce Service provider and Customer seeking the said service.

3. Charges and Payment


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 & Repair charges along with the spare parts costs, 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 onlyby way of cash. Any payment made is non-refundable. After the completion of the Service, we will facilitate for you to receive a copy of the acknowledgement from the Service Provider on your registered e-mail account/ mobile number with the Company.

4. Indemnification


By accepting these User Terms, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the mobile application.

5. Liability


1. The information, recommendations provided to you on or through the mobile applicationis for general information purposes only and do not constitute any advice. The Company will reasonably keep the mobile application 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.

2. 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 mobile application, 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.

3. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000.

4. 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. However, as a gesture of modesty, any complaints about the services provided by the Service Provider shall be attended by the company and all efforts should be made to take any correctional measure in case the Service provider is found to be in fault.

6. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights)


1. The Company is the sole owner of all the rights to the mobile applicationor any other digital media and its contents mentioned on the application. The content means its design, layout, text, images, graphics, sounds, video, etc. the website or any other digital media content embody trade secrets and intellectual property rights protected under applicable laws. All titles, ownership and intellectual property rights in the mobile application and its content shall remain with the Company, its affiliates, agents, authorized representatives as the case may be.

2. All rights not otherwise claimed under this Terms and Conditions or by the Company 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.

3. All related icons and logos are trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

7. Modification of the Service and User Terms


The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Application (including without limitation, the availability of any feature, database, or content) at any time. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

8. Notice


The Company may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.

9. Privacy and Cookie Notice


The Company collects and processes the personal data of the visitors/ registered customers of the Website and the promotional offers may be sent by the Company on time to time basis unless the same is denied by them by informing to the Company.

10. Excusable Delays (Force Majeure)


Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

11. Miscellaneous


1. In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at Kolkata. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at Kolkata only shall have exclusive jurisdiction.

2. The Courts of Kolkata shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Service provider and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Service Provider or Company within 30 days from the service date after which no claim shall be entertained.