Terms & Conditions
Last Updated: 04/01/2024
These terms and conditions outline the rules and regulations for the use of our services/products.
Welcome to Crowd Surf! These terms and conditions ("Terms") govern your use of the services provided on or through our website, https://www.crowdsurfservices.com, and/or the CrowdSurf Services mobile app (collectively referred to as the "Platform"), including all services made available through the Platform (referred to as the "Services"). These Terms also incorporate our privacy policy, which can be found at https://www.crowdsurfservices.com/privacy-policy ("Privacy Policy"), as well as any additional guidelines, terms, policies, and disclaimers that we may provide or issue from time to time (collectively referred to as "Supplemental Terms"). The Privacy Policy and Supplemental Terms are integral parts of these Terms. If there is a conflict between these Terms and the Supplemental Terms concerning the Services, the Supplemental Terms will take precedence.
The following terms and conditions ("Terms") establish a legally binding and enforceable contract between CrowdSurf Services Private Limited (hereinafter referred to as "CrowdSurf Services," "we," "us," or "our"), a company incorporated under the Companies Act, 2013, with its registered address at Sy No 60/J/53, M B Patil Nagar, Bijapur Bijapur Bijapur(KAR) Karnataka - 58610, and its principal place of business at Sy No 60/J/53, M B Patil Nagar, Bijapur Bijapur Bijapur(KAR), Karnataka - 586101, including its affiliates, and you, a user of the Services, or any legal entity that books Pro Services (defined below) on behalf of end-users (referred to as "you" or "Customer").
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Services (a) The Services provided by CrowdSurf Services include the provision of a Platform that allows you to schedule and arrange various home-based services offered by independent third-party service providers ("Service Professionals & Non-Professionals"). Through the Services, CrowdSurf Services facilitates the transfer of payments to Service Professionals & Non-Professionals for the services they provide to you. Additionally, CrowdSurf Services collects payments on behalf of the Service Professionals & Non-Professionals. (b) The services provided by the independent Service Professionals & Non-Professionals are referred to as "Pro Services." It is important to note that the term "Services" does not include the Pro Services. CrowdSurf Services does not directly provide the Pro Services and does not assume responsibility for their provision. The Service Professionals & Non-Professionals are solely responsible and liable for the Pro Services they offer or provide through the Platform. Please be aware that CrowdSurf Services and its affiliates do not employ Service Professionals & Non-Professionals, nor do they consider Service Professionals & Non-Professionals as agents, contractors, or partners of CrowdSurf Services or its affiliates. Service Professionals & Non-Professionals do not have the authority to bind or represent CrowdSurf Services in any manner. (c) The Platform provided by CrowdSurf Services is intended for your personal and non-commercial use, unless otherwise specified in a separate agreement. Please be aware that the Platform is designed for use within India. If you choose to access or use the Services or Pro Services from a jurisdiction outside India, you agree to be bound by the terms and conditions specific to that jurisdiction as determined by CrowdSurf Services. (d) The Services are offered under different brands that are either owned by or licensed to CrowdSurf Services and its affiliates. (e) One of the essential features of the Services is CrowdSurf Services's ability to communicate with you via text messages, emails, or WhatsApp messages. These communications may include information related to your bookings, the use of the Services, as well as promotional and marketing messages. Although you have the option to opt out of receiving these text messages by contacting CrowdSurf Services at privacy@crowdsurfservices.com or adjusting the settings within the Platform, please understand that doing so may affect CrowdSurf Services's ability to provide the Services, or certain aspects of the Services, to you. (f) In certain cases, you may be requested to provide identification proof in order to access and utilize the Services or Pro Services. By agreeing to these Terms, you acknowledge and agree to comply with such requests for identification proof. Failure to comply with this requirement may result in your inability to use the Services or Pro Services. (g) CrowdSurf Credits (i) CrowdSurf Services may, at its sole discretion, provide promotional codes that can be redeemed for credits, additional features, or benefits related to the Services and/or Pro Services. These promotional codes are subject to any additional terms and conditions that may apply ("CrowdSurf Credits"). (ii) By using CrowdSurf Credits, you agree to the following terms: (i) CrowdSurf Credits will be used lawfully and only for the specified purposes as indicated by CrowdSurf Services, (ii) you will not duplicate, sell, or transfer CrowdSurf Credits in any manner, including sharing the codes on public forums, unless you have obtained express prior consent from CrowdSurf Services to do so, (iii) CrowdSurf Services reserves the right to disable CrowdSurf Credits at any time and for any reason, without incurring any liability to you, (iv) CrowdSurf Credits hold no cash value and cannot be exchanged for cash, and (v) CrowdSurf Credits may have an expiration date prior to your utilization. (iii) CrowdSurf Services reserves the right, at its sole discretion, to offer CrowdSurf Credits to specific users, which may result in varying charges for similar or identical services received by other users. The allocation and distribution of CrowdSurf Credits are determined solely by CrowdSurf Services. (iv) CrowdSurf Services retains the right to withhold or deduct credits, as well as other features or benefits acquired through the use of CrowdSurf Credits, from you or any other user if CrowdSurf Services reasonably determines or suspects that the use or redemption of the CrowdSurf Credits was erroneous, fraudulent, unlawful, or in violation of the applicable terms for CrowdSurf Credits or these Terms.
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Account Creation (a) In order to access and use the Services, you will need to create an account on the Platform ("Account"). When creating your Account, you may be required to provide certain information, including, but not limited to, your phone number. Please note that you must be at least 14 years old to create an Account. (b) By creating an Account, you confirm that all the information provided in connection with your Account is accurate and will remain true. It is your responsibility to ensure that your Account information is up to date. You agree to promptly update your details on the Platform in the event of any changes or modifications to this information. (c) You are solely responsible for maintaining the security and confidentiality of your Account. You agree to notify us immediately in the event of any unauthorized use of your Account, disclosure of your Account information, or any other breach of security related to your Account. (d) You are fully responsible and accountable for all activities carried out through your Account, including any activities conducted by individuals other than yourself. We shall not be held liable for any unauthorized access to your Account. (e) By using our Services, you consent to receiving communications from us, which may include (i) payment requests, (ii) information about CrowdSurf Services and the Services, (iii) promotional offers and services from CrowdSurf Services and our third-party partners, and (iv) any other relevant matters concerning the Services.
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User Content (a) The Platform may include interactive features or services that enable 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 Platform ("User Content"). (b) As a means to effectively provide the Services and ensure quality control, we may ask for your feedback and reviews regarding the Service Professionals & Non-Professionals. You acknowledge and agree that Service Professionals & Non-Professionals may also provide reviews about you to us. It is important that you refrain from knowingly providing false, inaccurate, or misleading information in relation to the reviews. These reviews will be utilized by us for quality control purposes and to assess the suitability of Customers and Service Professionals & Non-Professionals as users of the Platform. Should 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) By posting or submitting User Content, 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 purpose of providing and operating the Services; and (ii) Use the User Content for limited advertising and promotional purposes related to the Services, or as required to provide evidence before a court or competent authority under applicable laws. This license allows us to effectively use and promote the User Content in connection with the Services. (d) In relation to these Terms and the licenses granted under this clause, you hereby waive any claims arising from moral rights or similar rights associated with the User Content. (e) You acknowledge and agree that CrowdSurf Services reserves the right, without prior notice to you, to remove or restrict access to any User Content that, in its sole discretion, violates these Terms.
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CONSENT TO USE DATA (a) By using our Services, you consent to the collection and use of your personal data in accordance with our Privacy Policy. Our Privacy Policy, which can be found at https://www.crowdsurfservices.com/privacy-policy, outlines the types of personal data we collect or process about you and how we handle and process such data. (b) In addition to the consent you provide in accordance with our Privacy Policy, you hereby consent to the sharing of your information with our affiliates or other third-party service providers. We may use the information and data related to your use of the Services for the provision of the Services, analytics, trend identification, statistical purposes, and to enhance the effectiveness and efficiency of our Services. Furthermore, this information may be used to provide beneficial schemes, new offers, and to enhance your overall user experience. (c) In compliance with applicable laws, we may be required to disclose your data to law enforcement agencies, government entities, or related bodies in connection with criminal or civil proceedings. You acknowledge and agree that in such instances, we have the right to share your data with the relevant agencies or bodies as required by law.
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Bookings (a) Orders: Our Platform allows you to request different Pro Services at a time of your preference, subject to available slots. To make a booking, please follow the instructions provided on the Platform and provide the required information. We make reasonable efforts to connect you with a suitable Service Professional who can provide the requested service at the desired time. However, in the unlikely event that we are unable to find a Service Professional for the specified timeslot, we will communicate with you to explore alternative available times. (b) Confirmation: After submitting your request, we will send you a confirmation of the booking through SMS, email, or a push notification. Once your booking is confirmed, you will be prompted to make the payment as per these Terms or the instructions provided on the Platform. Once a suitable Service Professional has been assigned for the requested Pro Services, you will receive confirmation within the App or through SMS, email, or a push notification. (c) Cancellations: Bookings that are cancelled prior to confirmation on the Platform will not incur any charges. However, please be aware that CrowdSurf has a cancellation policy in place which outlines the applicable cancellation fees. (d) Substitution: In the event of unavailability or cancellation by a selected Service Professional, we will provide you with a suitable substitute from our pool of registered Service Professionals & Non-Professionals.
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PRICING, FEES, AND PAYMENT TERMS (a) CrowdSurf Services reserves the right to impose charges for the various Services you may utilize and/or for any additional features or facilities you may choose, periodically, on or through the Platform. (b) Charges and Fees in respect of Pro Services (i) When availing Pro Services through the Platform, you will be responsible for paying the Service Professionals & Non-Professionals the amount specified at the time of booking, which includes (a) the cost of the requested Pro Services, (b) any additional Pro Services you may avail, (c) out-of-pocket expenses incurred by the Service Professional, and (d) expenses related to the purchase of goods necessary for the provision of the Pro Services ("Charges"). In addition to the Charges payable to the Service Professionals & Non-Professionals, CrowdSurf Services reserves the right to charge you a convenience fee for facilitating the booking and processing payments to the Service Professional. This fee is referred to as "Fees." Please note that the final bill you receive may also include additional charges such as safety fees, warranty fees, insurance fees, or Service Professional welfare fees. (ii) CrowdSurf Services will inform you about the applicable Charges, Fees, and available payment methods at the time of booking. Generally, you can make payments for Pro Services using credit cards, debit cards, net banking, e-wallets, UPI, or cash upon completion of the Pro Service. We reserve the right to modify or restrict the available payment methods. Please note that certain payment methods, such as cash upon completion, may not always be available to you as a payment option. It is important to clarify that if you choose to pay using the "cash upon completion" method, you understand that you will be required to pay both the Charges and Fees to the Service Professional. (iii) The payment of Charges and Fees may be required at the time of making a booking or upon the completion of the Pro Service, as determined by CrowdSurf Services and specified in the booking process. (iv) To clarify, the Charges are payable directly to the Service Professionals & Non-Professionals. CrowdSurf Services acts as a limited collection agent solely for the purpose of collecting and transferring the amounts owed to the Service Professionals & Non-Professionals on their behalf. (v) All Charges and Fees include applicable taxes. (vi) CrowdSurf Services retains the right to make reasonable changes to the Charges and Fees at any time, at its sole discretion. However, any modifications to the Fees will not affect bookings that have already been confirmed prior to the updated Fees being posted on the Platform. (vii) The Charges and Fees you pay are considered final and non-refundable, unless otherwise determined by CrowdSurf Services or as required by applicable laws. However, according to certain laws, you may be entitled to a refund or other remedies in the event of a failure in the provision of the Services. (viii) You acknowledge and accept that Charges and Fees in specific geographical areas may significantly increase during periods of high demand. CrowdSurf Services will make reasonable efforts to notify you of the applicable Charges and Fees. However, by using the Pro Services or Services, you are responsible for the Charges and Fees incurred under your Account, regardless of whether you were aware of such Charges or Fees.
(c) Payment Processors: We may utilize the services of a third-party payment processor ("Payment Processor") to handle billing transactions through your chosen payment method. The processing of payments will be subject to the terms and policies of the Payment Processor, in addition to these Terms. We cannot be held responsible for any errors or issues arising from the Payment Processor. In the event of an unsuccessful payment, any funds debited will be credited according to the terms and conditions of the Payment Processor. (d) Cancellation: You have the option to cancel your request for services from a Service Professional at any time before their arrival. In such cases, a cancellation fee may be charged to you in accordance with CrowdSurf Services's cancellation policy. Please note that CrowdSurf Services reserves the right to charge you or deduct applicable taxes related to the cancellation fee. (e) Subscriptions: CrowdSurf Services may periodically offer subscription packages, which may be available for a fee. These packages will provide Customers with additional benefits, such as discounted Pro Services. You acknowledge and agree that subscription packages will be subject to additional terms and conditions, which will be considered an integral part of these Terms. (f) CrowdSurf Services does not allocate any part of your payment as a tip or gratuity for the Service Professional. Any statement made by CrowdSurf Services regarding tipping being "voluntary," "not required," or "included" in the payments you make for Pro Services is not indicative of CrowdSurf Services providing any additional payments to Service Professionals & Non-Professionals. You understand and acknowledge that while you have the option to offer additional payment as a gratuity to Service Professionals & Non-Professionals who provide you with Pro Services, you are not obligated to do so. Gratuities are voluntary.
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CUSTOMER CONDCrowdSurfT (a) CrowdSurf Services strictly prohibits any form of discrimination against Service Professionals & Non-Professionals, including discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. This prohibition encompasses, but is not limited to, refusing to accept Pro Services based on any of these characteristics. (b) We kindly request that you treat all Service Professionals & Non-Professionals with courtesy and respect, and ensure that they have a safe, clean, and suitable environment to perform the Pro Services. Service Professionals & Non-Professionals have the right to refuse to provide Pro Services if the location provided is not safe, clean, or appropriate, or if you behave towards them in a discourteous, disrespectful, abusive, or otherwise inappropriate manner. Please be aware that we reserve the right to restrict your access to the Services, including Pro Services, at our sole discretion if you engage in discourteous, disrespectful, abusive, or inappropriate behavior towards any Service Professional, or if we determine your behavior to be unlawful or otherwise unacceptable. (c) You acknowledge and agree that you will be held liable for any act of discrimination against Service Professionals & Non-Professionals or any failure, whether intentional or unintentional, to provide them with a safe, clean, and suitable location to perform the Pro Services. Furthermore, you are responsible for disclosing any and all information that may affect the Service Professional's ability to provide the Pro Services or impact their health, safety, or well-being to both CrowdSurf Services and the Service Professional. (d) You agree that if a Service Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, it is your responsibility to report such incident to grievanceofficer@crowdsurfservices.com as soon as possible, but no later than 48 (forty-eight) hours after the incident occurs.
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THIRD PARTY SERVICES (a) The Platform may provide access to services, content, documents, and information owned by or licensed to third parties ("Third Party Services") and may include 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 them, and your use of such Third Party Services is at your own risk. (b) We do not make any representations and disclaim all warranties and liabilities related to Third Party Services, including their accuracy or completeness. If you choose to utilize a Third Party Service, you will be subject to the terms and conditions and privacy policy of the third party providing the Third Party Service. Additionally, all intellectual property rights pertaining to Third Party Services are owned by the respective third parties.
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YOUR RESPONSIBILITIES (a) You confirm and guarantee that all information you provide regarding the Services and Pro Services is complete, accurate, and truthful at the time of accepting these Terms, and will remain complete, accurate, and truthful while you utilize the Services and/or Pro Services. If any changes occur in the information you have provided during the term of these Terms, you agree to promptly inform us of such changes. We cannot be held responsible or liable for any loss or damage you may incur if the information, documents, materials, or data provided to access the Services are incorrect, incomplete, inaccurate, misleading, or if you fail to disclose any material information. (b) You agree to provide full cooperation to us in the event of any legal proceedings that may be initiated against us as a result of your breach of obligations or commitments under these Terms. (c) In respect of the User Content, you represent and warrant that: (i) You represent and warrant that you possess all intellectual property rights, or have obtained all necessary permissions, to provide User Content and grant the licenses under these Terms. (ii) You acknowledge that you are solely responsible for all activities that take place on or through your account on the Platform, as well as all User Content submitted by you. (iii) You confirm that the User Content does not and will not violate any of your obligations or responsibilities under any other agreements. (iv) You affirm that the User Content does not and will not violate, infringe upon, or misappropriate any intellectual property rights or other proprietary rights, including the rights of publicity or privacy of any individual or entity. (v) You warrant that the User Content does not and will not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content. (vi) You declare that the User Content does not and will not infringe upon any rights of third parties. (vii) You assert that the User Content: (A) Does not belong to any other person without proper rights or authorization; (B) Does not pose a threat to the unity, integrity, defense, security, or sovereignty of India, harm friendly relations with foreign states, disrupt public order, incite the commission of any cognizable offense, hinder the investigation of any offense, or insult another nation; (C) Is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another's privacy, discriminatory based on gender, ethnically objectionable, disparaging, related to or promoting money laundering or gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children; and (D) Is not otherwise offensive, objectionable, or restricts or inhibits any other person from using or enjoying the Services. (d) You agree to use the Services solely in accordance with the permissions granted in these Terms. Without limiting the scope of the previous statement, you shall not: (i) Infringe upon any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party. (ii) Unless expressly permitted under these Terms, you shall not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create derivative works from, or license the Services, except as explicitly provided herein. (iii) Use the Services to transmit any data, or send or upload any material that includes viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code intended to disrupt the operation of any computer software or hardware. (iv) Utilize any robot, spider, or other automated device, or engage in any manual process, to monitor or copy the Services or any part thereof. (v) Engage in the systematic retrieval of content from the Services to create or compile, either directly or indirectly, a collection, compilation, database, or directory. (vi) Use the Services in any manner that is (A) unlawful, (B) fraudulent or malicious, or (C) inconsistent with these Terms. (vii) Decompiling, reverse engineering, or disassembling the Services is prohibited. (viii) Link to, mirror, or frame any portion of the Services, in whole or in part, is prohibited. (ix) Violate any applicable laws in any manner.
(e) You guarantee that you will not engage in any activity that interferes with or disrupts the functioning of the Services. (f) You are prohibited from attempting to gain unauthorized access to any part or feature of the Services, any other connected systems or networks, our servers, or the Platform itself, whether through hacking, password mining, or any other unauthorized means. (g) You are prohibited, directly or indirectly, in any capacity, from soliciting, attempting to influence, engaging, approaching, or accepting or encouraging solicitations or approaches from Service Professionals & Non-Professionals with whom you have availed Pro Services, in order to terminate or cease their registration or engagement with the Platform, or to independently avail services similar to the Pro Services without booking them through your Account. You understand and acknowledge that this limitation is reasonable, fair, and necessary to protect the privacy and security of Service Professionals & Non-Professionals. This does not prevent you from obtaining services similar to the Pro Services through the Platform or other means. You further agree that any potential harm to Service Professionals & Non-Professionals resulting from the non-enforcement of this clause outweighs any potential harm to you.
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OUR INTELLECTUAL PROPERTY (a) All ownership, titles, and interests in and to the Services, including all intellectual property rights arising from the Services, are owned by us or licensed to us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use the Services in accordance with these Terms and any written instructions provided by us. Any rights not expressly granted herein are reserved by CrowdSurf or CrowdSurf's licensors. (b) We may occasionally ask you to provide us with suggestions and other feedback, including bug reports, regarding the Services ("Feedback"). You agree that we may use, copy, disclose, publish, display, distribute, and exploit the Feedback you provide to us without any obligation to pay royalties, provide acknowledgement, seek prior consent, or impose any other restrictions based on your intellectual property rights. (c) Unless expressly stated in these Terms, nothing in these Terms grants you any rights or licenses to our intellectual property rights or those of any third party.
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TERM AND TERMINATION (a) These Terms shall continue to be in effect until they are terminated in accordance with the provisions outlined herein. (b) We reserve the right to restrict, deactivate, or terminate your access to or use of the Services, or any part thereof, under the following circumstances: (i) We may immediately and at any time, at our sole discretion, restrict, deactivate, or terminate your access to the Services if: (A) You violate or breach any of the obligations, responsibilities, or covenants set forth in these Terms; (B) You cease to be a user of our Services; (C) You do not, or are likely not to qualify under applicable law or the standards and policies of CrowdSurf or its affiliates, to access and use the Services; or (D) You violate or breach the Community Guidelines. (ii) We may provide you with a 30-day prior written notice before restricting, deactivating, or terminating your access to the Services. (iii) We may immediately restrict, deactivate, or terminate your access to the Services for legitimate business, legal, or regulatory reasons. (c) You have the right to terminate these Terms at any time, for any reason, by sending a notice to CrowdSurf at privacy@crowdsurfservices.com. (d) Upon termination of these Terms: (i) Your Account will expire upon termination. (ii) The Services will time-out and no longer be accessible. (iii) These Terms shall terminate, except for those clauses that are expressly or implicitly intended to survive termination or expiration.
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DISCLAIMERS AND WARRANTIES (a) The Services are provided on an "as is" basis without any warranty of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not guarantee that the Services will meet your specific requirements or expectations. (b) Any advice or information, whether oral or written, obtained by you from us shall not create any warranty that is not expressly stated in these Terms. (c) While CrowdSurf makes efforts to provide accurate information about Pro Services and Charges, pricing errors may occasionally occur. (d) You acknowledge and agree that we act solely as a Platform connecting you with Service Professionals & Non-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 responsible for fulfilling any bookings, for the performance of Pro Services by Service Professionals & Non-Professionals, or for any actions or omissions of Service Professionals & Non-Professionals during the provision of Pro Services, including any damage they may cause to property. When you book Pro Services through the Platform, you enter into a contract directly with the Service Professional for the provision of those services, and we do not assume any responsibility or liability, nor do we provide any warranty, representation, or guarantee regarding the Service Professional's performance under that contract. (e) You agree and acknowledge that if you solicit or receive services from any Service Professional independently, outside of the Platform, it is done solely at your own risk, and in such an event, you waive any rights that you may have under these Terms related to the provision of services through the Platform. (f) We do not guarantee, warrant, or make any representation regarding the reliability, quality, or suitability of the Service Professionals & Non-Professionals. The selection and hiring of Service Professionals & Non-Professionals are solely your responsibility, and we do not endorse or vouch for their qualifications, skills, or services. (g) You accept full responsibility for any consequences that may arise from your use of the Services and Pro Services, and you expressly agree and acknowledge that we shall not be liable for any such consequences. You use the Services and Pro Services at your own risk, and we disclaim any liability for any damages, losses, or liabilities arising from or related to your use of the Services and Pro Services. (h) CrowdSurf will maintain a complaints management framework and will handle complaints on behalf of Service Professionals & Non-Professionals in a reasonable manner and in accordance with applicable laws. We will make reasonable efforts to address and resolve complaints in a timely manner, taking into account the requirements of relevant laws. (i) To the maximum extent permitted by applicable law, we, along with our affiliates and related parties, hereby disclaim any liability for any loss or damage resulting from the following: (i) Your use of the Services or Pro Services, including any inability to use them or their availability or unavailability. (ii) Any defects, interruptions, or delays in the operation or transmission of information to, from, or through the Services, as well as communication failures, theft, destruction, or unauthorized access to our records, programs, services, servers, or other infrastructure related to the Services. (iii) Any periods of time during which the Services may be temporarily non-operational. (iv) The loss of User Content or any other data associated with your use of the Services. (j) Under no circumstances shall CrowdSurf, its officers, directors, employees, contractors, agents, licensors, partners, or suppliers be held liable for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages. This includes, but is not limited to, damages such as lost business opportunities, lost revenues, loss of anticipated profits, or any other type of financial or non-financial loss or damage. This applies even if CrowdSurf or its authorized representatives were made aware of the possibility of such damages. The exclusion of liability covers damages arising from or related to (A) these Terms, (B) the Services or Pro Services provided, (C) your use or inability to use the Services or Pro Services, and (D) any interactions with other users of the Services. (k) To the fullest extent permitted by applicable law, our liability is limited to the amount of commission we receive for a specific booking made on our Platform. Under no circumstances shall our total liability to you exceed INR 10,000 (Rupees Ten Thousand) in connection with these Terms. (l) These Terms do not exclude or limit any warranty implied by law that would be unlawful to exclude or limit.
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INDEMNITY You agree to 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 claims, demands, lawsuits, judicial proceedings, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys' fees) arising out of or related to 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.
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JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION (a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Services shall be submitted to the exclusive jurisdiction of the courts in New Delhi, India. However, this provision shall not limit our right to seek injunctive or other equitable relief in any jurisdiction. (b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in New Delhi, India, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by a single arbitrator appointed by CrowdSurf. The language of the arbitration shall be English. The parties to the arbitration shall maintain the confidentiality of the arbitration proceedings and shall not disclose any information to third parties unless required by law or necessary for the conduct of the arbitration. The decision of the arbitrator shall be final and binding on all parties. Each party shall bear its own costs in relation to the arbitration.
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GRIEVANCE REDRESSAL (a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services or these Terms through the following means:
Name: Shubham Tandale Designation: CEO & CTO Email: shubhamtandale@crowdsurfservices.com
(b) We are committed to addressing and resolving your complaint within the timelines prescribed by applicable laws. We will make every effort to provide a prompt and satisfactory resolution to your complaint. However, please note that the resolution time may vary depending on the nature and complexity of the complaint. We will keep you informed about the progress and status of your complaint throughout the resolution process.
- MISCELLANEOUS PROVISIONS (a) We reserve the right to make changes to these Terms at any time, and any such changes will be effective immediately upon being posted on the Platform. It is your responsibility to regularly review the Terms for any updates or modifications. By continuing to use the Platform after the changes have been posted, you are deemed to have accepted the revised Terms. (b) We have the right to add, modify, or discontinue any part of the Services, temporarily or permanently, at any time and for any reason. We are not liable for any changes, suspensions, or discontinuations of the Services. (c) If any provision of these Terms is found to be unlawful or unenforceable by a court or competent authority, the remaining provisions will still be in effect. If a provision can be modified to make it lawful and enforceable while preserving its intention, it will be deemed modified accordingly. If modifying a provision is not possible, it will be deemed deleted, but the rest of the provision and the other provisions of these Terms will continue to be valid and enforceable. (d) You are not permitted to transfer, sublicense, sell, or assign your rights, obligations, or responsibilities under these Terms, or your Account, without our prior written consent. We have the discretion to grant or withhold such consent, and we may impose conditions as we deem necessary. We have the right to assign our rights to any of our affiliates, subsidiaries, parent companies, successor entities, or any third party without providing prior notice to you. (e) All notices, requests, demands, and determinations for us, except for routine operational communications, should be sent to legal@crowdsurfservices.com. (f) No third party shall have any rights to enforce any terms contained in these Terms. (g) We shall not be liable to you for any failure or delay in performing our obligations, or for any disruption to our business, caused by events beyond our reasonable control, including but not limited to acts of God, war, strikes, failure of utilities or telecommunications networks, or compliance with any law or governmental order.
By accessing or using the Platform and our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, and any applicable Supplemental Terms. If you do not agree with any part of these Terms, the Privacy Policy, or the Supplemental Terms, please refrain from accessing or using the Platform and our Services.
Please note that these Terms constitute a legally binding agreement between you and Crowd Surf. If you are using the Platform and our Services on behalf of an organization, you represent and warrant that you have the necessary authority to enter into these Terms on behalf of that organization.