Disclaimer: Please read and edit the TERMS AND CONDITIONS Policy given below as per your /website’s requirement. Don’t use or apply these as is basis on your website.

TERMS AND CONDITIONS

Your website may use the Terms and Conditions given below.

The terms "We" / "Us" / "Our"/” Payfree” individually and collectively refer to Payfree. And the terms "Visitor” ”User” refer to the users.

This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website  or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

ACCEPTABLE WEBSITE USE

(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Payfree, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of https://www.Payfree.in/ or their breach of the terms .

 

LIABILITY       

User agrees that neither  Payfree nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if  Payfree has been advised of the possibility of such damages.

User further agrees that  Payfree shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that  Payfree shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Payfree's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to  Payfree, if any, that is related to the cause of action.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Payfree or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

 

If you wish to buy services by an online website via our mobile application Payfree or by calling in at +91 88988 33633, you must agree to the terms below as the exclusive basis which governs such booking and must click “I agree to Payfree 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 Professional/Technician via this application. If you are booking on behalf of someone else, by clicking “I agree to Payfree’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 MOBILE APPLICATION

1. General T&C Definitions
   1. You – acting as a customer, registering a new booking/case with the company.
   2. Company – The Company hereby referred to as Payfree .
   3. Booking/Case – effected via the registration with the mobile application for availing/booking of the technician/repair professional for availing the services. Bookings can be made for single services or split/multiple repair services.
   4. Agreed Time – The appointed date and time for your services to be provided and as mentioned in the registration form.
   5. PRO/Service providers are interchangeable terms used for Technicians or Private Repair professional registered with the company to offer their services to the end customers.
2. Services
   1. The company provides technology based services for providing solutions in pan India such as Mobile recharge, Aadhar enabled payment and other monetary enabled products to you and you agree to obtain the services offered by third party technicians / Service Providers / Private Professionals (“the service Provider”). All the services provided by the company to you by means of your use of the registration on mobile application of the company are hereinafter referred to us the “Service.”
   2. All the services given on website and mobile application will chargeable on monthly basis and this can be change at any time by giving prior notice of 1 week.
   3. The entire Booking request as may be directed by the customer shall be forward 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.
   4. In case of service provider accept the booking request made by you with the company; your information is send to the service provider including your name, contact number etc.
   5. 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.
   6. 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 service 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. Acceptance of booking request by the company and the service provider does not reach your service location or decide not to render services, in the case / event 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.
   7. You hereby certify and confirmed that the relevant information you provide to the company while registering your request or creation of account is accurate and complete in all request as may be demanded by the company in the application form. The company is entitled to an all- times verify the information that you have provided. The company shall not be liable if you do not visit the web portal/ Mobile Application or dial in correct call center number. The company reserves the right to discontinue or introduce any of the modes of the booking service provider.
   8. 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 , abusing behavior or activity whilst using their service;
   9. before handing over the product to be repaired the customer shall be caution and ensure themselves about the credibility of the service provider and any defect in service or theft/damage to the assets; spare parts; accessories; products shall not be compensated by the company in any manner whatsoever and it is clarified that the 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 product to the service provider for service.
   10. You should confirmed & clarify from the service provider about the time involved and the spare parts required to render the service including the total / aggregate service charges involved there in 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.
   11. You will compensate and defend the company fully against any claims or legal proceeding brought against us by any other person as a result of your breach of these terms.provider and not us in any manner whatsoever and we simply provide a platform to introduce a service provider and customer seeking the said service.
3. Charges and Payment

   1. 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 the pay minimum charge & 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 mobile application of the company. The service charge 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, we will facilitate for you to receive a copy of the acknowledgement from the service provider on your registered e-mail account with the company.

4. Indemnification

   1. 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, employee, 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 application is for general information purposes only and does 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 mobile application are free of errors, defects, malware and viruses or that the mobile application 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 – damage 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 forgoing, 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 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.
6. INTELLECTUAL PROPERTY RIGHTS (Trademarks and copyrights)
   1. The Company is the sole owner of all rights to the web site/Mobile application or any other digital media and its contents mentioned on the mobile application. The contents means its design, layout. Text, image graphics, sound, video, etc. the mobile application 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 contents shall remain with the company, its affiliates, agents, authorized representatives as the case may be.
   2. All rights 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 relate 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

   1. 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 by posting a notice on the mobile application or by sending you notice through the service, application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.

8. Notice

   1. The company may give notice by means of a general notice on the service or applications, 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

   1. The Company collects and processes the personal data of the visitors/ registered customers of the Mobile application and the promotional offers may be send 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)

    1. Neither party hereto shall be responsible  for delays or failures in performance resulting from acts beyond 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 constructions 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 Mumbai. 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 forgoing, the Courts at Cooch Behar ,West Bengal only shall have exclusive jurisdiction.
    2. The Courts of Cooch Behar , West Bengal 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.