Terms and Conditions

These terms and conditions (collectively, hereinafter referred to as the "Terms") govern your access to and use of the Mobile Application, www.clap-serv.com that link to or reference these Terms ("Mobile Application"). Further, the Mobile Application is operated by CLAP SERV company Private Limited. (" Clap-Serv").

The seller referred to in the entire Terms below is the Service Provider who is registered with the Mobile Application and whose services/ inventory is listed on the Mobile Application.
Please read these Terms fully before using Mobile Application, which is an online marketplace' as per the applicable laws, as amended from time to time (hereinafter referred to as the "Online Marketplace"). Further, for the purpose of clarity, it is hereby stated that Mobile Application is not engaged in providing any services by itself but is a platform, which merely connects the business to customers.
These Terms are an electronic record in terms of the applicable legislation. This electronic record is generated by a computer system and does not require any physical or digital signatures. By using the Mobile Application, you signify your agreement to be bound by these conditions.

PLEASE NOTE THAT YOUR USE OF THE MOBILE APPLICATION IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO OUR TERMS. By agreeing to these Terms, you also agree to our other Mobile Application policies; including but not limited to, Privacy Policy, as amended from time to time; and its Cookie Policy.

The Users of the Mobile Application shall be deemed to have read, understood and expressly accepted these Terms, which shall govern the desired transaction of Service booking/Purchase of Raw materials crucial for servicing through the Mobile Application for all purposes, and shall be binding on the User. All rights and liabilities of the User with respect to the use of Mobile Application shall be restricted to the scope of this agreement.

PLEASE NOTE THAT YOUR USE OF THE MOBILE APPLICATION IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO OUR TERMS. By agreeing to these In addition to this Terms, any other 'terms of service' of the application-programming interface ("API") with which CLAP SERV company running Mobile application Clap-Serv, may tie-up would form an integral part of this Agreement (hereinafter referred to as the "API Terms"). However, in the event of a conflict between such API Terms and this Agreement, the terms of this Agreement shall prevail.

Both User and Mobile Application are individually referred as 'party' to the agreement and collectively referred to as 'parties'.

Terminology:

1. For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer and/or availer of Facility being offered on the Mobile Application.
2. Clap-Serv allows the User to surf the Mobile Application or make Service Booking/purchases registering on the Mobile Application. The term "We", "Us", "Our" shall mean Mobile Application and/or its affiliates.

Our Mobile Application:

Clap-Serv wishes to clarify that it is only an online marketplace which merely connects the business to customers. In light of the foregoing, Clap-Serv wishes to clarify the following:

1. The Mobile Application is a marketplace, which lists the inventory of Local/National/International Service Providers who are registered with the Mobile Application, but does not own the services per se. Hence, the role of the Mobile Application is to connect you and ‘Service Provider’. Further, the Mobile Application provides customer support in the event of complaints against Service Provider, cancellation of Service bookings, refunds and charge backs (responsibilities further mentioned in Clause 9, point 6).
2. In light of the foregoing, the Mobile Application shall assist you with any concerns and/or claims you may have in relation to the product being sold/services being offered on the Mobile Application in accordance with the applicable laws, and connect you with ‘seller’. However, you may always choose to pursue any such action as you may deem necessary against ‘seller’/the Mobile Application. In case of any deficiency of products/services, You agree to pursue any such action arising from such deficiency of products/services against ‘seller’ and not the Mobile Application.
3. You further agree and acknowledge that the Mobile Application cannot guarantee to or control in any manner any transactions on the Mobile Application. Accordingly, the contract of sale of products/services on the Mobile Application shall be a strictly bipartite contract between you and ‘seller’ listed on the Mobile Application. Any related issue, you can directly contact sellers customer support accordingly.
4. You further agree and acknowledge that all the 'discounts/coupons (if any)' on the Mobile Application/prices at which the products/services are being sold by the Service Provider/hotel on the Mobile Application is merely an "invitation to treat" in accordance with the applicable laws and shall not be construed to be an "offer" in accordance with the applicable laws. Hence, in light of the foregoing, when you agree to purchase any product/services of the 'seller' listed on the Mobile Application, that would be termed as a 'valid offer' under the applicable laws and after doing so it is upon the 'seller' to accept the said 'valid offer' or reject the 'valid offer'. In this regard, note that if the 'seller' accepts the said 'valid offer', only then would it be tantamount to be a 'valid contract' as per the applicable laws.

User Account:

Clap-Serv may offer the option of opening user accounts on the Mobile Application by the End-User. The user account may be linked to the User's email-id or phone number or both. For use of the Mobile Application by User, it is by registering an account with Clap-Serv, the User agrees to the following:

1. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account when You use this Mobile Application by registering an account with Clap-Serv.
2. By using the Mobile Application, As a registered user, You authorize Clap-Serv and its agents to access third party sites, including that of banks and other payment gateways, designated by the bank or on the bank's behalf for retrieving requested information for processing of a customer generated transaction on the Mobile Application.
3. In the event that You use the Mobile Application through a registered account, You agree to accept responsibility for all activities that occur under your account or password.
4. In the event that You use the Mobile Application through a registered account, You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
5. We will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
6. You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of Mobile Application. You shall also be liable to comply with all applicable laws and regulations regarding use of Mobile Application with respect to the jurisdiction concerned for each transaction.
7. Mobile Application may be used for personal and non-commercial purposes only. Therefore, You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or Facility available on Mobile Application for any commercial or competitive activity or purpose.
8. Clap-Serv reserves the right to refuse access to Mobile Application, terminate accounts, remove or edit content at any time without notice if we have reasonable belief that your account is being used for unauthorized purposes.

Membership Eligibility:

1. Use of the Mobile Application is available only to persons who can form legally binding contracts under other applicable laws. Persons who are "incompetent to contract" within the meaning of the applicable laws are not eligible to use the Mobile Application. If you are a minor, you shall not register as a User of the Mobile Application and shall not transact on or use the Mobile Application.
2. As a minor if you wish to use or transact on Mobile Application, such use or transaction may be made by your legal guardian or parents on the Mobile Application. We reserve the right to terminate your membership and/or refuse to provide you with access to the Mobile Application if it is discovered that you are a minor or incompetent to contract according to the laws applicable to you.

Privacy:

By agreeing to these Terms, you shall be bound by the following policies of the Mobile Application:

1. The 'Privacy Policy' of Mobile Application; and
2. The 'Cookie Policy' of Mobile Application.

Links:

1. This Mobile Application may contain links to Mobile Applications, videos, photos maintained by third parties ("External Sites"). These External Sites are provided for user's reference and convenience only. We do not operate, control or endorse in any respect such External Sites or their content. User assumes sole responsibility for the use of these external sites and are therefore, advised to examine the terms and conditions of those External Sites carefully.
2. You must not link to this Mobile Application without obtaining the prior written approval of Clap-Serv. Use of any automated screen capture or screen scraping technologies to obtain information from this Mobile Application without the prior written approval of Clap-Serv is an infringement of our intellectual property rights.

Usage Conduct:

1. You acknowledge that you only have a limited right merely to use the Mobile Application and that you have no right to modify any part of the Mobile Application or reproduce, copy, distribute, sell, resell or access the Facility for any other commercial purposes.
2. You are also under an obligation to use this Mobile Application for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged in these Terms. You shall use this Mobile Application and Facility and any products/services purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
3. You may not use any meta tags or any other hidden text utilizing the Clap-Serv/Mobile Application or its affiliates' names or trademarks without the express written consent of Clap-Serv / Mobile Application and / or its affiliates, as applicable.
4. You must not use the Mobile Application for any of the following:
a. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; and
b. To send, use or reuse any material that does not belong to you; or material that is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.

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USE OF THIS WEBSITE/MOBILE APP BY SERVICE PROVIDER ONLY

a. This Website/Mobile App is only available for commercial use by a user who create business account within mobile application, Service Provider or Employee operator…etc. Clap-Serv may take various steps to verify the orders received/accepted by the Service provider and reserves the right to terminate bookings which Clap-Serv has in its sole discretion believes to be accepted by persons other than the service provider or other invalid bookings without notice.
b. Certain areas of this Website/Mobile App may only be available to registered Service provider. To become a registered Service Provider, the Service Provider must register an account with Clap-Serv, during which the Service Provider may be required to provide Clap-Serv with certain information. The Service Provider represents such information to be complete, true and accurate. Further, by registering an account with Clap-Serv, the Service Provider agrees to the following:
i. Service Provider is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer to prevent unauthorized access to its account when using this Website/Mobile App
ii. The Service Provider agrees to accept responsibility for all activities that occur under its account or password.
iii. The Service Provider shall take all necessary steps to ensure that the password is kept confidential and secure and should inform Clap-Serv immediately if it has any reason to believe that its password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
iv. Clap-Serv will not be responsible for screening, censoring or otherwise controlling transactions.
v. The Service Provider warrants that it will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of Website/Mobile App. The Service Provider shall also be liable to comply with all applicable laws and regulations regarding the use of the Website/Mobile App with respect to the jurisdiction concerned for each transaction.
vi. The Service Provider is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or code available on the Website/Mobile App for any commercial or competitive activity or purpose.
vii. Clap-Serv reserves the right to refuse access to the Website/Mobile App, terminate accounts, remove or edit content at any time without notice if Clap-Serv has reasonable belief that any account is being used for unauthorized purposes.
viii. Clap-Serv reserves the right to send monthly invoice to its service provider and receive payment with applicable laws of conduct. In the event of delay or non-payment of invoice, clap-serv reserves the right block or terminate the user from the website/mobile app.
ix. Service Provider is responsible for ensuring that the Booking date, time and destination for the service to be rendered is correct before Accepting/reserving such requests using the Website/Mobile App or when you select to confirm your availability from the internet booking system.
x. Clap-Serv shall not be liable if the customers fail to be on board with service provider for servicing Or delay in reaching for service on said date and time.
xi. Clap-Serv shall not be liable if the customers fail to pay for the rendered service or delays of any sort in the payment terms set between customer and service provider.
xii. The Customer reserves the right to refuse the Service Provider for servicing with or without any reason before the service is rendered. These terms are outside the boundaries of Clap-Serv and we cannot be held liable for any misconduct of any sort arising out of it.

Clap-Serv reserves the right to suspend or terminate a Service Provider account should the Service Provider be found to be in violation of these Terms.

Communications:

1. When you use the Mobile Application or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required.
2. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Disclaimer of Warranties and Liability:

1. This Mobile Application, the Facility, products/services (including but not limited to software) included or otherwise made available to you through this Mobile Application are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing by Clap-Serv or on the Mobile Application.
2. Without prejudice to the forgoing paragraph, Mobile Application does not warrant that:
a. Mobile Application will be constantly available, or available at all; or
b. The information on this Mobile Application is complete, true, accurate or non-misleading.
3. Clap-Serv will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Mobile Application. The Mobile Application does not warrant that this Site; information, content, materials, product (including software), Facility or services included on or otherwise made available to you through the Mobile Application; their servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.
4. You may be required to enter a valid phone number while placing an order or transacting on the Mobile Application. By registering your phone number with us, you consent to be contacted by us for the purposes of the transaction on the Mobile Application.
5. We will not use your personal information to initiate any promotional phone calls or sms except clap-serv’s own materials.
6. For the purpose of booking Services through the Mobile Application, we warrant that we shall be responsible for the following activities:
a. Issuing a valid Token Number (a Token Number that will be accepted by the Service Provider) for its' network of Service Provider;
b. Providing customer support in the event of complaints against Service Provider OR User/Customer, cancellation of Service bookings, Blocking user/service provider if found complaint as true.
c. Sharing information with the customers in case of any delay / inconvenience.
7. However, We DO NOT take any liability for the following:
a. The Service Provider's Pick and Drop, service delays or reaching to the customer on time;
b. The Service Provider or its employees being rude;
c. The Service Provider's rendered service is not up to the customer's expectation;
d. The Service Provider canceling the booking due to unavoidable reasons or any reasons given by the service provider;
e. The interiors/exteriors decorative items of the customer getting lost/stolen/damaged;
f. The Service Provider changing the schedule at the last minute to accommodate the servicing;
g. The customer waiting at the wrong point of location (please call the Service Provider to find out the exact Location);
h. Service Provider changing the service location.
i. Customer choosing the Service Provider for the servicing does not fit the description given to the User by service provider.
j. The quality or the price as mentioned by the service provider does not meet the expectations.
k. Service provider indulging in any kind of criminal activity/unlawful activity against customer.
l. The quality and the price changed by the service provider over the time or on selection.

Payment:

It is to be noted by the users/customer/service providers that Clap-Serv does not involve in any kind of payment activities conducted between customer and the Service provider. The platform’s sole purpose is to provide bidding services and providing customer as much as information clap-serv can about service provider which will help them decide and purchase services from service providers.
Against of all our services, Clap-Serv charges a small amount of 5 rs per bid from the service provider at the end of every month. In absence of timely payment, clap-serv reserves the right of blocking the user forever.

Intellectual Property Rights:

1. Content included on the Mobile Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mobile Application, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
2. The compilation of all content on this Mobile Application is the exclusive property of Mobile Application and its affiliates and is protected by Laws of India and international copyright and database right laws. All software used on this Mobile Application is the property of Clap-Serv, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
3. You may not systematically extract/or re-utilize parts of the contents of the Mobile Application without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Mobile Application, without Clap-Serv's express written consent. You may also not create and/or publish your own database that features substantial (eg: prices and product listings) parts of the Mobile Application without Rebus's express written consent.
4. Our Trademarks at various Jurisdictions and you cannot use the trademark for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any infringement of our intellectual property rights.

Grievance Officer:

In case of any consumer grievance, the End-User may contact Clap-Serv on the email id provided below:
shobhana@Clap-Serv.com

Indemnity and Release:

1. You shall indemnify and hold harmless Mobile Application, Clap-Serv, CLAP SERV company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
2. You hereby expressly release Mobile Application/ Clap-Serv, CLAP SERV company or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Losses:

We will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) and any other indirect or consequential loss to You when You commenced using the Mobile Application.

Governing law and Jurisdiction:

These Terms are governed by and shall be construed in accordance with the Laws of India. The courts in India shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with these Terms

Suspension, Termination or Cancellation:

Mobile Application may suspend, cancel or terminate your account registered with us, with or without prior notice, if we believe in good faith that you have breached any of these Terms or any other terms or policies referred to in these Terms.

Clap-Serv reserves the right, at its sole discretion, to accept, hold and/or cancel any Bookings of Services made by the User on the Clap-Serv Mobile Application, Clap-Serv mobile Mobile Application and Clap-Serv mobile apps, which is deemed to be fraudulent or suspicious by Clap-Serv.
Clap-Serv will endeavor to inform the User in the event of cancellation of Booking, owing to fraud or suspicious activity, to the best of its capacity, but shall not be liable for a failure to communicate such cancellation to the User.

Amendment / Modification:

Clap-Serv reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Mobile Application and it is Your duty to keep yourself aware of the revisions to the Terms of the Mobile Application.

Limitation Of Liability:

THE MOBILE APPLICATION/ CLAP-SERV WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, MOBILE APPLICATION, THE FACILITY, TRANSACTION PROCESSING SERVICE, INABILITY TO USE THE FACILITY OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE MOBILE APPLICATION, BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY THE END-USER THROUGH THE SITE.

Miscellaneous:

1. The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
2. These Terms constitute the complete and entire agreement between the Parties on the subject of 'terms of usage of the Mobile Application' (save and except the other policies and terms referred to in these Terms) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms.
3. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.
4. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.

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