TERMS AND CONDITIONS

 

BY AGREEING TO SERVICES, CUSTOMER ACKNOWLEDGES AND AGREES TO THE TERMS AND CONDITIONS OF SERVICE AS STATED IN THIS AGREEMENT

By accepting ZAPOBA’s cleaning service appointments and agreeing to a service provided by ZAPOBA, the client agrees to accept ZAPOBAs’ general terms and conditions listed below. These terms and conditions, together with our letter of confirmation and our cleaning schedule, constitute the entire agreement between the parties and no other representation or statements, whether oral or written, shall be binding upon the parties. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions shall remain in full force and effect.

If you are unsure about any point within these terms and conditions, please contact us for clarification. Your statutory rights are not affected. In event that the terms and conditions change we will notify you.

1.  Services

 

 

·        Due to our flexible and ever-changing schedule, it is difficult to commit to exact arrival times. We service homes daily between the hours of 5:00 am and 10:00 pm and for additional services by appointment. Even if you normally have an AM cleaning, there may be times that we need to clean your home in the afternoon instead. We will make every effort to accommodate your needs.

·        Our teams are instructed to follow the requirements for the clean they are conducting. If you would like additional services performed, please contact our office at least one business day in advance so we can schedule the additional work. 

·        Our charges will be provided with additional GST 18% , when applicable.

·        Be advised that if the house cleaners are subject to distractions that affect our ability to work, we reserve the right to charge for our extra time spent in the home. Distractions include pets, third parties, or interfering with the housemaids' duties.

·        If for any reason an employee of ZAPOBA feels that their personal safety is in danger enough to leave the job site, due to actions by the Customer, or others at the job site. 

·        Items of extreme value (monetary or sentimental) should be dusted or cleaned by the owner.  

·        We assume no liability for damage or loss of items that are not secured in a proper manner, or previously damaged before cleaning. (Example: heavy pictures hanging from thumbtacks, or dings in furniture that were there before we cleaned). Further, we will assume no liability for damage or loss caused by the negligence of the Customer.  

·        Although we are trained maids, we are not miracle workers. Sometimes we are called in too late to correct damage that is already done, or items may take a couple of cleanings to look their best. We will work with you in the most cost-effective way to try to remedy these spots in your home.

·        House cleaners working for ZAPOBA have agreed, in writing, that they or their family and friends will not accept direct employment from any Customer of ZAPOBA. This agreement is in full force and effective during the time that professional house cleaners are employed with ZAPOBA and for a period of one year after termination of their agreement with ZAPOBA. Given this, we respectfully ask that you not directly solicit or engage the service of any house cleaner, except through ZAPOBA.

·        The client agrees to notify ZAPOBA if any person in the household is suspected of contracting an infectious disease. This notification must be as early as possible, but at least 24 hours before the scheduled visit. ZAPOBA reserves the right to cancel/reschedule cleans under such circumstances.

·        Plans are based on the average time to clean. If the home is not found in an “average” condition, ZAPOBA reserves the right to cancel or bill for the arduous efforts. Our purpose is to ensure you have a clean home. Some home cleaners may take longer than average time; some may take less time than average. Either way, your home will sparkle.

·        Every Package is listed with its terms and conditions to make you aware of what is covered and what is not. Please read carefully before selecting the package.

·        In the event of there being any breakages or damages to household items, clothes or personal items then such damage or loss shall be entirely the responsibility of the Client and must be covered by the Client’s household insurance. The Company and its affiliates, group and associate companies shall not be liable for any loss damage, claims, or other liability.

·        The client will check the bags, purse or any other thing that the maid is carrying before the maid enters the home and before the maid leaves the home. 

·        The client agrees that the maid will be not be tortured, harmed mentally or physically. Also the client cannot increase the work.

·        In the event of there being any breakages or damages to household items, clothes or personal items then such damage or loss shall be entirely the responsibility of the Client and must be covered by the Client’s household insurance. The Company and its affiliates, group and associate companies shall not be liable for any loss damage, claims, or other liability. 

 

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Zapoba certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by Zapoba in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use

the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

No Discrimination.

Zapoba prohibits discrimination against Third Party Providers 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 services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the Zapoba Company platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Zapoba at any time by informing Zapoba of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes.

Zapoba may, in Zapoba’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or

benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that Zapoba establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:

(i)         must be used for the intended audience and purpose, and in a lawful manner.

(ii)       may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Zapoba.

(iii)      may be disabled by Zapoba at any time for any reason without liability to Zapoba.

(iv)       May only be used pursuant to the specific terms that Zapoba establishes for such Promo Code.

(v)         are not valid for cash; and (vi) may expire prior to your use. Zapoba reserves the right to withhold or deduct credits or other features or benefits obtained using Promo Codes by you or any other user in the event that Zapoba reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content.

Zapoba may, in Zapoba’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Zapoba Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Zapoba, you grant Zapoba a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Zapoba’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that:

(i)         you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Zapoba the license to the User Content as set forth above; and

(ii)       neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Zapoba’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and

(iii)      you are not providing feedback for services performed by you in your capacity as a service provider on the platform.

You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Zapoba in its sole discretion, whether or not such material may be protected by law. Zapoba may, but shall not be obligated to, review, monitor, or remove User Content, at Zapoba’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and UC Platform and any updates thereto. Zapoba does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Device Location Access.

Zapoba may access your precise device location for providing better service based on the user location. By using Zapoba services you agree to allow Zapoba to access your device location. It may be used for marketing and promotional purposes.

2.  PAYMENT

 

Payment of transaction amount has to be done online only . The User has to pay 100% through the Platform before the service. The User and the service provider agree that: This Platform allows for payment for any transaction between User and Service Provider through the payment gateway which shall be processed through a Nodal Account maintained as per RBI guidelines ["payment facility"]. By providing the payment facility on this Platform, ZAPOBA is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction. The payment facility provided by this Platform is either a banking service or a financial service or a NBFC. ZAPOBA shall merely act as a facilitator for providing an electronic, automated online payment, collection and remittance facility for the transactions conducted by this Platform using the existing authorized banking infrastructure and credit and / or debit card payment gateway networks. All transactions on this Platform are on a principal to principal bipartite contractual obligations between the service provider and User. ZAPOBA is not / does not hold out itself as an agent /employee of any service provider or User or any other individual or entity availing the facilities of this Platform. Use of the payment facility shall not render ZAPOBA liable or responsible for any damage, non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the services listed on this Platform. ZAPOBA will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of ZAPOBA. While accessing the payment facility of this Platform, the service provider consents to supply all such information including but not limited to his name, email address, home address, telephone number, credit or debit card number, CVV number, expiry date of such card (as and when required), as is necessary for successful completion of the payment for the transaction between the service provider and the User. ZAPOBA reserves the right to store all such information in such manner as it deems fit including storage on cloud service or third-party environment. While every attempt has been made to ascertain the authenticity of the Platform content, ZAPOBA is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platform including but not limited to decisions based on the content in the Platform which results in any loss of revenue, profits, property etc. 

3. REFUND or CANCELLATION

 

All the Payments made to Zapoba are final and non-refundable, and the cancellation request will be based on the sole discretion of Zapoba. 

 

4. CONTRACTUAL RELATIONSHIP

 

These Terms of Use ("Terms") govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the “Services”) made available by Zapoba firm, established in India. 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. 

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Zapoba. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you. 

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. 

Zapoba may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Zapoba reasonably suspects that:

 

·        you have, or are likely to, breach these Terms; and/or 

·        you do not, or are likely not to qualify, under applicable law or the standards and policies of Zapoba and its affiliates, to access and use the Services. 

Zapoba may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof: 

·        immediately, where Zapoba reasonably suspects that: 

o   you have, or are likely to, materially breach these Terms; and/or 

o   you do not, or are likely not to qualify, under applicable law or the standards and policies of Zapoba and its affiliates, to access and use the
Services 

·        on 30 days' written notice to you, where Zapoba, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or
regulatory reason.
 

Without limiting its other rights under these Terms, Zapoba may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time. 

 

5. Privacy Policy

 

The Company reserves the right to use, with or without your prior consent, the information provided by You for the purpose of gathering market intelligence including but not limited to customer survey, analysis of customer data, customer data, marketing press releases, etc. The Company reserves the right to offer, at its sole discretion as it may deem fit, third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. You agree and acknowledge that the Company may use your contact information to provide or update You regarding promotion events of the Company, new offers, renewal reminders, payment reminders, feedback, opinion etc and the same shall not be treated as “spam” or unwanted “marketing” calls.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platform for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to ZAPOBA. You may not use the Platform or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by ZAPOBA, its subsidiaries, parent companies, and/or any third-party owner of such rights.