Terms & Conditions For Professional Service At Home

Dated: 14th December 2022  

1. These terms and conditions (“Terms”) govern the use of services made available on or  through https://www.humtohaina.com and/or the Company mobile app and/or web app (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 “Privacy Policy” section of  https://www.humtohaina.com, and any guidelines, additional, or supplemental terms, policies, and  disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy  Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between  these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms  will prevail.  
2. The Terms constitute a binding and enforceable legal contract between RisingMithila Business Private  Limited, a Company incorporated under laws of India and having its office at C/O Prabhat Kiran  Shrivastava, Manharanlal, Near Custom office, Darbhanga, Bihar, India, Pin No. 846004, and corporate  ID number is U74999BR2021PTC049899 and its affiliates (“RMBPVL”, “HTHN”, “we”, “us”, or  “our”), and you, a user of the Services, or any legal entity that books Pro Services (defined below) on  behalf of end-users (“you” or “Customer”). 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  person to these Terms.  
3. By using the Services, 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.  
4. 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, HTHN 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 services rendered by Service Professionals are referred to as “Pro Services”. The term  “Services” does not include the Pro Services. HTHN does not provide the Pro Services and is  not responsible their provision. Service Professionals are solely liable and responsible for the  Pro Services that they offer or otherwise provide through the Platform. HTHN and its affiliates  do not employ Service Professionals, nor are Service Professionals agents, contractors, or  partners of HTHN or its affiliates. Service Professionals do not have the ability to bind or  represent HTHN. 

 

(c) The Platform is for your personal and non-commercial use only, unless otherwise agreed upon  on in accordance with the terms of a separate agreement. Please note that the Platform is  intended for use only within Bihar. You agree that in the event you avail the Services or Pro  Services from a legal jurisdiction other than the territory of Bihar, you will be deemed to have  accepted the HTHN terms and conditions applicable to that jurisdiction.  

(d) The Services are made available under various brands owned by or otherwise licensed to  HTHN and its affiliates.  

(e) A key part of the Services is HTHN’s ability to send you text messages or electronic mails or  WhatsApp messages, including in connection with your bookings, your utilization of the  Services, or as a part of its promotional and marketing strategies. While you may opt out of  receiving these text messages by contacting HTHN a [email protected] , you agree  and acknowledge that this may impact HTHN’s ability to provide the Services (or a part of the  Services) to you.  

(f) In certain instances, you may be required to furnish identification proof to avail the Services or  the Pro Services, and hereby agree to do so. A failure to comply with this request may result in  your inability to use the Services or Pro Services.  

(g) HTHN Credits:  

(i) HTHN may, in its sole discretion, offer promotional codes that may be redeemed for  credits, other features or benefits related to the Services, and/or Pro Services, subject to  any additional terms that may apply on a promotional code (“HTHN Credits”).  

(ii) You agree that (i) you shall use HTHN Credits in a lawful manner, and only for the  purposes specified by such HTHN Credits, (ii) you shall not duplicate, sell, or transfer  the HTHN Credits in any manner (including by posting such codes on a public forum)  unless you have HTHN’s express prior consent to do so, (iii) HTHN Credits may be  disabled by HTHN at any time for any reason without any liability to you, (iv) HTHN Credits are not valid for cash, and (v) HTHN Credits may expire prior to your use.  

(iii) HTHN may, at its sole discretion, provide only certain users with HTHN Credits that  may result in different amounts charged for the same or similar services obtained by other  users.  

(iv) HTHN reserves the right to withhold or deduct credits or other features or benefits  obtained through the use of HTHN Credits, by you or any other user, if HTHN reasonably determines or believes that the use or redemption of the HTHN Credits was  in error, fraudulent, illegal, or in violation of the applicable HTHN Credit terms or these  Terms.  

1. ACCOUNT CREATION  

(a) To avail the Services, you may be required to create an account on our website, or you should  have a valid mobile number. For this Account, you may be required to furnish certain details,  including your phone number. To create an Account, you must be at least 18 years of age.  

(b) You warrant that all information furnished in connection with your Account is and shall remain  accurate and true. You agree to promptly update your details on the Platform in the event of any  change to or modification of this information.  

(c) You are solely responsible for maintaining the security and confidentiality of your Account and  agree to immediately notify us of any disclosure or unauthorized use of your Account or any  other breach of security with respect to your Account.  

(d) You are liable and accountable for all activities that take place through your Account, including  activities performed by persons other than you. We shall not be liable for any unauthorized  access to your Account.  

(e) You agree to receive communications from us regarding (i) requests for payments, (ii)  information about us and the Services, (iii) promotional offers and services from us and our  third-party partners, and (iv) any other matter in relation to the Services. 

1. USER CONTENT  

(a) Our Platform may contain interactive features or services that allow users who have created an  account with us to post, upload, publish, display, transmit, or submit comments, reviews,  suggestions, feedback, ideas, or other content on or through the dedicated Platform on our  website.  

(b) As part of the effective provision of the Services and quality control purposes, we may request  reviews from you about Service Professionals and you agree and acknowledge that Service  Professionals may provide reviews about you to us. You must not knowingly provide false,  inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for  quality control purposes and to determine whether Customers and Service Professionals are  appropriate users of the Platform. If we determine at our sole discretion that you are not an  appropriate user, we reserve the right to cancel your registration and remove you from our  Platform.  

(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable,  and royalty-free license to (i) use, publish, display, store, host, transfer, process, communicate,  distribute, make available, modify, adapt, translate, and create derivative works of, the User  Content, for the functioning of, and in connection with, the Services and (ii) use User Content  for the limited purposes of advertising and promoting the Services, or furnishing evidence  before a court or authority of competent jurisdiction under applicable laws.  

(d) In connection with these Terms and the licenses granted under this clause, you hereby waive  any claims arising out of any moral rights or other similar rights relating to the User Content.  

(e) You agree and acknowledge that HTHN may, without notice to you, remove, or otherwise  restrict access to User Content that, in its sole discretion, violates these Terms.  

1. 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 “Privacy Policy” section of  https://www.humtohaina.com and it explains the categories of personal data that we collect or  otherwise process about you and the way 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 other 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 or civil  proceedings. You understand and agree that in such instances we shall have the right to share  such data with relevant agencies or bodies.  

1. BOOKINGS  

(a) Orders: The Platform permits you to request various Pro Services at a time of your choosing  based on available slots. To make a booking, you should follow the instructions on the Platform  and provide necessary information. We use reasonable efforts to enable you to find a Service  Professional who can provide that service at the requested time. If, in the unlikely event we  cannot find a Service Professional for the specific timeslot, we will contact you to find an  alternative time.  

(b) Confirmation: Once you place a request, we will provide confirmation of the booking via SMS  or email or WhatsApp or a push notification or through call. Once your booking has been  confirmed, you will be required to make the payment in accordance with these Terms or as  indicated on the Platform. Once a Service Professional has been identified for the requested Pro  Services, you shall receive confirmation through App or via SMS, email, WhatsApp or a push  notification or through call.  

  

(c) Cancellations: Bookings that are cancelled before confirmation on the Platform will not be  charged. HTHN’s cancellation policy sets out applicable cancellation fees. 

 

(d) Substitution: In case of the unavailability of, or cancellation by a selected Service Professional,  we will offer you a substitute of the Service Professional from among our registered Service  Professionals.  

1. PRICING, FEES, AND PAYMENT TERMS  

(a) HTHN reserves the right to charge you for the different Services you may avail and/or for any  other facilities you may opt for, from time to time, on or via the Platform.  

(b) Charges and Fees in respect of Pro Services:  

(i) In respect of Pro Services that you seek to avail through the Platform, you shall be  required to pay Service Professionals the amount indicated at the time of booking as well  as amounts towards (a) any additional Pro Services you may avail, (b) out of pocket  expenses incurred by the Service Professional, and (c) expenses arising out of the  purchase of goods required or utilized for the performance of the Pro Service  (“Charges”). In addition to the Charges payable to Service Professionals, HTHN reserves the right to charge you a convenience fee for facilitating the booking and  transferring payments to the Service Professional (this fee is referred to as “Fees”). You  acknowledge that the final bill you receive may include additional charges, including  without limitation, a safety fee, warranty fee, insurance fee, or Service Professional  welfare fee.  

(ii) HTHN shall notify you of the applicable Charges, Fees, and payment methods at the time  of booking. Generally, you may make payments for Pro Services through credit cards,  debit cards, net banking, wallets, UPI or cash upon completion of the Pro Service. We  have the right to modify and otherwise restrict the modes of payment available to you.  You acknowledge that certain payment methods such as cash upon completion may not  always be available to you as a payment method. For the avoidance of doubt, in the event  you pay through the method of ‘cash upon completion’, you acknowledge that you will  be required to pay both Charges and Fees to the Service Professional.  

(iii) The Charges and Fees may be payable at the time of making a booking, or upon the  completion of the Pro Service, as specified by HTHN.  

(iv) For the avoidance of doubt, please note that the Charges are payable to Service  Professionals, and HTHN acts as a limited collection agent on behalf of such Service  Professionals to collect and transfer amounts due to them.  

(v) Taxes: All Charges and Fees are inclusive of applicable taxes.  

(vi) HTHN reserves the right to reasonably amend the Charges and Fees at any time at its  sole discretion. A change in Fees shall not impact any bookings that have been confirmed  before the publication of the revised Fees on the Platform.  

(vii) Charges and Fees that you pay are final and non-refundable, unless otherwise determined  by HTHN or required by the applicable laws. Under certain laws, you may be entitled to  a refund or other remedies for a failure in the provision of the Services.  

(viii) You acknowledge and agree that Charges and Fees applicable in certain geographical  areas may increase substantially during times of high demand. HTHN will use reasonable  efforts to inform you of the Charges and Fees that may apply. However, by using the Pro  Services or Services, you will be responsible for the Charges and Fees incurred under  your Account regardless of your awareness of such Charges or Fees.  

(c) Payment Processors: We may use a third-party payment processor (“Payment Processor”) 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.  

(d) Cancellation: You may elect to cancel your request for services from a Service Professional at  any time prior to such Service Professional’s arrival, in which case you may be charged a  cancellation fee in accordance with HTHN’s cancellation policy. HTHN reserves the right to  charge you, or otherwise deduct applicable taxes in respect of such cancellation fee.  

(e) Subscriptions: HTHN may from time to time offer subscription packages (howsoever named)  for monetary consideration. The packages shall provide Customers with additional benefits,  which may include the ability to avail discounted Pro Services. You agree that subscription  packages (howsoever named) shall be subject to additional terms and conditions. You  acknowledge that such subscription packages will be subject to additional terms and conditions  that will be deemed to be an integral part of these Terms.  

(f) HTHN does not designate any portion of your payment as a tip or gratuity to the Service  Professional. Any representation by HTHN to the effect that tipping is “voluntary”, “not  required”, and/or “included” in the payments you make for Pro Services is not intended to  suggest that HTHN provides any additional payments to Service Professionals. You understand  and agree that while you are free to provide additional payment as a gratuity to any Service  Professional who provides you with Pro Services, you are under no obligation to do so.  Gratuities are voluntary.  

1. CUSTOMER CONDUCT  

(a) HTHN prohibits discrimination against Service Professionals, including based on race, religion,  caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or  any other characteristic that may be protected under applicable law. Such discrimination  includes but is not limited to any refusal to accept Pro Services based on any of these  characteristics.  

(b) We request that you treat all Service Professionals with courtesy and respect, and that you  provide them with a safe, clean, and appropriate location to perform the Pro Services. Service  Professionals shall be entitled to refuse to perform Pro Services if you have not provided a safe,  clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to  withhold access to the Services and otherwise limit your access to Pro Services at our absolute  discretion if you behave towards any Service Professional in a manner which is discourteous,  disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful. 

(c) You agree that you will be liable for discriminating against Service Professionals or for any  failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and  appropriate location for them to perform the Pro Services. Additionally, you will also disclose  any and all information that may have a bearing on the ability of the Service Professional to  perform the Pro Services or impact the Services Professional’s health, safety, or well-being, to  HTHN and the Service Professional.  

(d) 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 [email protected] at the earliest but in any event within 24 (Twenty  Four) hours of such incident. 

1. THIRD PARTY SERVICES  

(a) The Platform may include services, content, documents, and information owned by, licensed to,  or otherwise made available by, a third party (“Third Party Services”) and contain links to  Third Party Services. You understand and acknowledge that Third Party Services are the sole  responsibility of the third party that created or provided it and that use of such Third-Party  Services is solely at your own risk.  

(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining  to such Third-Party Services, including their accuracy or completeness. Should you avail a  Third-Party Service, you shall be governed and bound by the terms and conditions and privacy  policy of the third parties providing the Third-Party Services. Further, all intellectual property  rights in and to Third Party Services are the property of the respective third parties. 

1. YOUR RESPONSIBILITIES  

(a) You represent and warrant that all information that you provide in relation to the Services and  Pro 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 and/or the Pro 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 defense of any proceedings that may be initiated  against us due to a breach of your obligations or covenants under these Terms.  

(c) In respect of the User Content, you represent and warrant that: 

(i) you own all intellectual property rights (or have obtained all necessary permissions) to  provide User Content and to grant the licenses under these Terms.  

(ii) you are solely responsible for all activities that occur on or through your account on the  Platform and all User Content.  

(iii) the User Content does not and shall not violate any of your obligations or responsibilities  under other agreements.  

(iv) the User Content does not and shall not violate, infringe, or misappropriate any  intellectual property right or other proprietary right including the right of publicity or  privacy of any person or entity.  

(v) the User Content does not and shall not contain any viruses, corrupted data, or other  harmful, disruptive, or destructive files or content.  

(vi) the User Content does not and shall not violate any third-party rights; and  

(vii) the User Content (A) does not belong to any other person to which you do not have any  right, (B) does not threaten the unity, integrity, defense, security or sovereignty of India,  friendly relations with foreign states, public order, cause incitement to the commission of  any cognizable offence, prevents investigation of any offence, or is insulting another  nation, (C) is not defamatory, grossly harmful, blasphemous, pedophilic, invasive of  another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging,  relating to, or encouraging money laundering or gambling, libelous, hateful, racist,  violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive,  objectionable, or restricts, or inhibits, any other person from using or enjoying the  Services.  

(d) You shall not use the Services in any manner except as expressly permitted in these Terms.  Without limiting the generality of the preceding sentence, you shall not:  

(i) infringe any proprietary rights, including but not limited to copyrights, patents,  trademarks, or trade secrets of any party.  

(ii) except as may be provided hereunder, copy, display, distribute, modify, publish,  reproduce, store, transmit, post, translate, create any derivative works from or license the  Services.  

(iii) use the Services to transmit any data, or send or upload any material that contains viruses,  Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other  harmful programs, or similar computer code, designed to adversely affect the operation  of any computer software or hardware.  

(iv) use any robot, spider, other automated device, or manual process to monitor or copy the  Services or any portion thereof. 

(v) engage in the systematic retrieval of content from the Services to create or compile,  directly or indirectly, a collection, compilation, database, or directory.  

(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities  or (C) in any manner inconsistent with these Terms.  

(vii) decompile, reverse engineer, or disassemble the Services.  

(viii) link to, mirror, or frame, any portion of all or any of the Services; or  

(ix) violate applicable laws in any manner.  

(e) You warrant that you shall not engage in any activity that interferes with or disrupts the  Services.  

(f) You shall not attempt to gain unauthorized access to any portion or feature of the Services, any  other systems or networks connected to the Services, to any of our servers, or through the  Platform by hacking, password mining, or any other illegitimate means.  

(g) You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage,  approach, or accept or encourage the solicitations or approach of, a Service Professional from  whom you have availed Pro Services, to either terminate or otherwise cease their registration  on or engagement with the Platform, or avail services the same as or like the Pro Services  independently, without booking the Pro Services through your Account. You agree that this  limitation is reasonable and fair and is necessary for the protection of the privacy and security  of Service Professionals and that this will not preclude you from obtaining services the same as  or like the Pro Services through the Platform or other means. You further agree that any  potential harm to Service Professionals from the non-enforcement of this clause far outweighs  any potential harm to you.  

1. OUR INTELLECTUAL PROPERTY  

(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights  arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance  with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable,  revocable, and limited license to use the Services in accordance with these Terms and our  written instructions issued from time to time. Any rights not expressly granted herein are  reserved by HTHN or HTHN’s licensors.  

(b) We may request you to submit suggestions and other feedback, including bug reports, relating  to the Services from time to time (“Feedback”). 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 restriction arising out of your  intellectual property rights.  

(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as  conferring any right in, or license to, our or any third party’s intellectual property rights. 

1. TERM AND TERMINATION  

(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.  

(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion  thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any  of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to  become a user of our Services, (C) you do not, or are likely not to qualify under applicable law,  or the standards and policies of HTHN or its affiliates, to access and use the Services, or (D)  violate or breach the Community Guidelines, (ii) upon 15 (Fifteen) days’ prior written notice to  you, or (iii) immediately for any legitimate business, legal, or regulatory reason.  

(c) You may terminate these Terms, at any time, for any reason by sending a notice to HTHN at  [email protected]  

(d) Upon termination of these Terms:  

(i) the Account will expire.  

(ii) the Services will “time-out”; and  

(iii) these Terms shall terminate, except for those clauses that are expressly, or by implication,  intended to survive termination or expiry. 

1. 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 requirements or expectations.  

(b) No advice 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 HTHN strives to provide accurate information about Pro Services and Charges, 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  explicitly stated in these Terms. We are not liable or responsible for fulfilment of any bookings,  for the performance of the Pro Services by any Service Professional, or for any acts or omissions  of the Service Professionals during their provision of the Pro Services including any damage  they may cause to property. By booking Pro Services through the Platform, 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 an event, you waive any rights that you  may have under these Terms.  

(f) We do not guarantee or warrant, and we make no representation whatsoever regarding the  reliability, quality, or suitability of the Service Professionals.  

(g) You hereby accept full responsibility for any consequences that may arise from your use of the  Services and Pro Services, and expressly agree and acknowledge that we shall have absolutely  no liability in this regard.  

(h) HTHN will maintain a complaints management framework and will manage this framework on  behalf of Service Professionals in a reasonable manner and in accordance with the non excludable requirements of relevant applicable laws.  

(i) 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 or the Pro  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 unauthorized access to our records, programs, services, servers, or  other infrastructure relating to the Services.  

(iii) the failure of the Services to remain operational for any period; and  

(iv) the loss of any User Content and any other data in connection with your use of the  Services.  

(j) In no event shall HTHN, its officers, directors, and employees, or its contractors, agents,  licensors, partners, 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 HTHN or an authorized representative had been advised of the  possibility of such damages, arising out of, or relating to (A) these Terms, (B) the Services or  the Pro Services, (C) your use or inability to use the Services or the Pro Services, or (D) any  other interactions with another user of the Services.  

(k) 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 10,000 (Rupees Ten  Thousand).  

(l) Nothing in these Terms will exclude or limit any warranty implied by law that it would be  unlawful to exclude or limit.

1. INDEMNITY  

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates,  and our officers, employees, directors, agents, and representatives, harmless from and against any  claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without  limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access  to the Services or Pro Services, use of the Services or Pro Services, violation of these Terms, or any  violation of these Terms by any third party who may use your Account.  

1. 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 Darbhanga (Bihar) shall have  exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.  

(b) Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be  resolved by arbitration in Darbhanga (Bihar) 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 1 (One) arbitrator appointed by HTHN.  The language of the arbitration shall be Hindi or 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.  

1. GRIEVANCE REDRESSAL  

(a) You may contact our Officer with any complaints or queries relating to the Services or these  Terms through registered post or through email, details of which are provided below:  

Name: Mr. Sonu Jha  

Designation: Operations Executive  

Email Address: [email protected]  

(b) We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.  16. MISCELLANEOUS PROVISIONS  

(a) Changes to Terms: 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, or discontinuation of the Services.  

(c) Severability: If any provision of these Terms is determined by any court or other competent  authority to be unlawful or unenforceable, the other provisions of these Terms will continue to  be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part  of it were deleted, that part will be deemed to be deleted, and the rest of the provision will  continue in effect (unless that would contradict the clear intention of the clause, in which case  the entirety of the relevant provision will be deemed to be deleted).  

(d) Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants  under these Terms, or your Account in any manner without our prior written consent. We may  grant or withhold this consent at our sole discretion, subject to any conditions we deem  appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies,  any successor in interest of any business associated with the Services, or any third party without  any prior notice to you.  

(e) Notices: All notices, requests, demands, and determinations for us under these Terms (other  than routine operational communications) shall be sent to [email protected].  

(f) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.  

(g) Force Majeure: We shall have no liability to you if we are prevented from or delayed 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, civil commotion, malicious  damage, or compliance with any law or governmental order, rule, regulation, or direction.