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Rules governing your use of the Kwiko platform, bookings, payments, and services.
These terms and conditions ("Terms") govern the use of services made available on or through the Kwiko website and/or the Kwiko mobile application (collectively, the "Platform", and together with the services made available on or through the Platform, the "Services"). These Terms also include our Privacy Policy, available on the Platform, and any guidelines, additional or supplemental terms, policies, and disclaimers made available or issued by us from time to time ("Additional Terms"). The Privacy Policy and Additional Terms form an integral part of these Terms.
These Terms constitute a legally binding agreement between Kwiko Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office in Bangalore, Karnataka, India ("Company", "Kwiko", "we", "us", or "our"), and you, a user of the Services, or any legal entity that books Pro Services (defined below) on behalf of end-users ("you", "your", or "Customer").
By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. Where you access or use the Services on behalf of another person or entity, you confirm that you are duly authorised to accept these Terms on their behalf.
Please read these Terms carefully. By accessing or using the Platform, you are agreeing to these Terms and entering into a legally binding contract with the Company. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms.
1.1. The Services include the provision of the Platform that enables you to access and avail certain home-based services through independent third-party service providers ("Professionals") who are onboarded on the Platform to offer general household services including but not limited to cleaning, cooking, laundry, dusting, plumbing, electrical work, AC servicing, painting, pest control, carpentry, home shifting, and other services ("Pro Services"). The Company is an aggregator and technology intermediary that facilitates discovery, booking, and payment processing for such Pro Services, but does not itself provide or control the performance of such Pro Services.
1.2. The Services may be offered through different formats, including one-time bookings, bundled service packages, subscription-based plans (daily, weekly, or monthly), or other service offerings as may be made available on the Platform from time to time. Such offerings may be subject to additional terms, including validity periods, usage limits, scheduling conditions, and eligibility for refunds, as specified on the Platform at the time of purchase or booking.
1.3. The Company does not undertake or assume responsibility for the performance of any Pro Services. Each Professional bears sole responsibility and liability for the Pro Services they provide, including their quality, safety, and execution. Professionals are independent contractors and are not employees, agents, or partners of the Company. While the Company undertakes reasonable due diligence measures including identity verification and background checks of Professionals, it does not supervise, direct, or control the manner or method of performance of Pro Services.
1.4. The Platform is for your personal and non-commercial use only, unless otherwise agreed in writing.
1.5. To support service delivery and platform operations, the Company may communicate with you via phone calls, text messages, emails, WhatsApp, or in-app notifications, including for booking updates, transactional information, and service-related announcements. You may request to limit certain categories of communications; however, doing so may restrict our ability to provide timely updates.
1.6. The Company reserves the right to decline or refuse any booking request at its discretion, including where it identifies safety, compliance, or operational concerns, and does not guarantee the availability of Professionals for all requested services, time slots, or locations.
1.7. The Company may periodically update, refine, or modify the Platform and Services to improve functionality and user experience. The Company reserves the right to modify, suspend, or discontinue any or all of its Services, features, or content at any time, without prior notice. Your continued use of the Platform following any such changes shall constitute your acceptance of the modified terms.
1.8. Prices for Pro Services may be determined dynamically based on factors including demand, location, service complexity, time of booking, and other marketplace conditions. The Company does not guarantee that pricing will remain constant across different bookings or time periods.
2.1. You confirm that you are at least 18 years old and have the legal capacity to understand, accept, and comply with these Terms.
2.2. You are in compliance with all applicable laws and regulations of India when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third parties or Professionals.
3.1. To avail the Services, you will be required to create an account on the Platform ("Account"). You may be required to furnish certain details including but not limited to your name, email address, phone number, and such other information as may be required for identity verification, fraud prevention, or compliance with applicable law.
3.2. You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
3.3. You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security.
3.4. You are responsible for all actions carried out through your Account, whether undertaken by you or by any third party using your login credentials. We shall not be liable for any unauthorised access to your Account unless such access arises due to our gross negligence or wilful misconduct.
3.5. You agree to receive communications from us regarding: (i) requests for payments, (ii) information about the Services, (iii) promotional offers and services, and (iv) any other matter in relation to the Services, in accordance with applicable law and the Privacy Policy.
4.1. The Platform allows you to place requests for Pro Services based on availability and time slots displayed at the time of booking. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Professional who can provide the requested Service at the requested time. If we are unable to find a Professional for the specific time slot, we will contact you to find an alternative time or cancel the booking. The allocation of Professionals may be facilitated through automated systems.
4.2. Once you place a request, we will provide confirmation of the booking via SMS, email, or a push notification. Once a Professional has been identified, you shall receive confirmation containing relevant details such as name, ratings, and experience.
4.3. Bookings that are cancelled before confirmation on the Platform will not be charged. Our Cancellation Policy, available on the Platform, sets out applicable cancellation fees.
4.4. If a booked Professional becomes unavailable, the Company may arrange an alternative Professional or assist with rescheduling or cancellation. The Customer acknowledges that availability of a replacement Professional is not guaranteed.
4.5. You agree to ensure that the Professional is provided with timely and adequate access to the service location and all necessary conditions required for the performance of Pro Services, including: (a) obtaining and facilitating entry permissions or security clearances; (b) ensuring availability of functional lifts, parking space, or reasonable access for equipment; (c) informing in advance of any conditions that may affect service delivery; and (d) ensuring there are no undue delays at the service location.
4.6. Any failure to comply with the above may result in delays, inability to perform Pro Services, additional charges, or cancellation of the booking. The Company and/or Professional shall not be liable for any delay or non-performance attributable to such conditions.
4.7. Any time estimates, schedules, or service durations displayed on the Platform are indicative only and may vary based on actual conditions.
5.1. The Company reserves the right to charge you for the Services and/or Pro Services that you avail, from time to time, on or via the Platform.
5.2. In respect of Pro Services, you shall be required to pay the amount indicated at the time of booking ("Fees"). The Fees may include amounts towards: (a) the Pro Services you avail, (b) a convenience fee for facilitating the booking, (c) out-of-pocket expenses incurred by the Professional, (d) expenses for goods required for the Pro Service, and (e) any other charges as may be disclosed on the Platform.
5.3. All Fees are subject to applicable taxes including GST.
5.4. You may make payments through credit cards, debit cards, net banking, wallets, UPI, or such other means as may be made available on the Platform. The Company shall notify you of applicable Fees, taxes, and payment methods at the time of booking.
5.5. The Company reserves the right to amend the Fees at any time at its sole discretion. A change in Fees shall not impact any bookings confirmed before publication of the revised Fees.
5.6. Payments made for confirmed bookings are generally non-refundable, except where a refund is required under applicable law or expressly approved by the Company in accordance with our Refund Policy.
5.7. You acknowledge that prices may vary based on location, demand, or other market conditions. By using the Services, you will be responsible for the Fees incurred under your Account.
5.8. We may use a third-party payment processor ("Payment Processor") to bill you. The processing of payments will be subject to the terms of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor.
5.9. You agree that all payments for Services and Pro Services shall be made solely through the payment mechanisms available on the Platform. You shall not make any payment directly to a Professional outside the Platform. The Company shall not be liable for any services, disputes, or damages arising from payments made outside the Platform.
6.1. The Company strictly prohibits discrimination against Professionals on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law.
6.2. You agree to treat all Professionals with courtesy, dignity, and respect, and to provide a safe, clean, and appropriate location for the performance of Pro Services. Professionals shall be entitled to refuse to perform Pro Services if such conditions are not provided or if you engage in conduct that is discourteous, abusive, threatening, or otherwise inappropriate. The Company reserves the right to suspend or terminate your access to the Services if your conduct is deemed inappropriate or unlawful.
6.3. You acknowledge that you shall be solely responsible for any discrimination against Professionals and for providing a safe service location. You agree to promptly disclose to the Company and the Professional any information that may affect the Professional's ability to perform the Pro Services or impact their health, safety, or well-being.
6.4. The Company reserves the right to restrict access to refunds, promotions, or Services where it identifies a pattern of excessive, abusive, or bad-faith complaints, cancellations, or refund requests.
6.5. If a Professional engages in conduct that is discourteous, abusive, or unlawful, you shall report such conduct to the Company at support@kwiko.app as soon as reasonably practicable, and in any event within 48 hours.
6.6. You represent and warrant that all information provided by you in connection with the Services is complete, accurate, true, and not misleading.
6.7. The Company and Professionals shall not be responsible for pre-existing defects, damage, or wear and tear at the service location.
6.8. The Customer is responsible for securing valuables, fragile items, and sensitive equipment prior to commencement of Pro Services.
6.9. You shall not use the Services in any manner except as expressly permitted under these Terms. You shall not host, display, upload, or transmit any information that: (a) infringes any intellectual property rights; (b) belongs to another person without lawful right; (c) is obscene, harmful, defamatory, or invasive of privacy; (d) is harmful to children; (e) impersonates any person; (f) threatens national security or public order; (g) contains viruses or harmful code; or (h) is false or misleading.
6.10. You shall not directly or indirectly solicit any Professional to terminate their association with the Platform or to provide services outside the Platform. Any breach may result in suspension or termination of your access to the Services.
7.1. All rights, title, and interest in and to the Services, including all intellectual property rights, are owned by or validly licensed to the Company. Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services solely in accordance with these Terms.
7.2. The Company may request that you provide suggestions, comments, or feedback relating to the Services ("Feedback"). You agree that the Company shall have the unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, and distribute such Feedback for any purpose.
7.3. Nothing in these Terms shall be construed as granting any right or licence in or to any intellectual property rights of the Company or any third party, except as expressly provided.
8.1. The Platform may include features that allow you to post reviews, suggestions, feedback, or other content ("Customer Review").
8.2. The Company may request that you submit reviews relating to Professionals, and Professionals may submit reviews about you. You agree not to knowingly submit any false, inaccurate, or misleading information. If the Company determines that you are not an appropriate user, it reserves the right to suspend or terminate your Account.
8.3. You grant the Company a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to use, reproduce, publish, display, modify, and create derivative works of such Customer Review as necessary for the operation of the Services, including for advertising and legal compliance purposes.
8.4. The Company may, at any time and without prior notice, remove or restrict access to any Customer Review that violates these Terms, applicable laws, or the rights of any third party.
9.1. You agree that we may, in accordance with our Privacy Policy, collect and use your personal data for the purposes set out therein.
9.2. You consent to us sharing your personal data with our affiliates and third-party service providers on a need-to-know basis for provision of Services, payment processing, customer support, analytics, fraud prevention, and service improvement. We may also use your data in an aggregated or anonymised manner for analytics and statistical purposes.
9.3. Subject to applicable laws, we may be directed by law enforcement agencies or government bodies to disclose data relating to you in connection with criminal or civil proceedings.
You agree to indemnify, defend (at the Company's option), and hold harmless the Company, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services or Pro Services; (b) your violation or alleged violation of these Terms; or (c) any access to or use of your Account by any third party, whether or not authorised by you.
11.1. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO: (A) THESE TERMS, (B) THE SERVICES OR PRO SERVICES, (C) YOUR USE OR INABILITY TO USE THE SERVICES, OR (D) ANY OTHER INTERACTIONS WITH ANOTHER USER OF THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE AMOUNT OF FEES RECEIVED IN RESPECT OF THE PARTICULAR BOOKING IN QUESTION.
11.3. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY EXCEED THE LOWER OF (A) THE FEES PAID BY YOU FOR SUCH BOOKING, OR (B) INR 5,000 (RUPEES FIVE THOUSAND) IN THE AGGREGATE.
12.1. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
12.2. YOU ACKNOWLEDGE THAT THE COMPANY OPERATES A TECHNOLOGY PLATFORM THAT FACILITATES CONNECTIONS BETWEEN CUSTOMERS AND PROFESSIONALS AND DOES NOT ITSELF PERFORM OR GUARANTEE ANY PRO SERVICES. BY BOOKING PRO SERVICES, YOU ARE ENTERING INTO A CONTRACT WITH THE RELEVANT PROFESSIONAL, AND THE COMPANY ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE PROFESSIONAL'S PERFORMANCE.
12.3. THE COMPANY DOES NOT GUARANTEE ANY SPECIFIC OUTCOME, RESULT, OR LEVEL OF SATISFACTION ARISING FROM PRO SERVICES.
12.4. YOU ACCEPT FULL RESPONSIBILITY FOR ANY CONSEQUENCES THAT MAY ARISE FROM YOUR USE OF THE SERVICES AND EXPRESSLY ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY IN THIS REGARD.
12.5. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO PROPERTY ARISING FROM OR DURING THE PERFORMANCE OF PRO SERVICES, EXCEPT TO THE EXTENT REQUIRED UNDER APPLICABLE LAW.
13.1. The Platform may include services, content, or links provided by third parties ("Third-Party Services"). You acknowledge that Third-Party Services are provided solely by the relevant third party and that the Company does not control, endorse, or assume responsibility for such services.
13.2. The Company makes no representations or warranties regarding Third-Party Services. Your use of any Third-Party Services shall be governed by the terms and privacy policies of the applicable third parties.
14.1. These Terms shall remain in effect unless terminated in accordance with this clause.
14.2. We may restrict, deactivate, or terminate your access to the Services immediately and at our sole discretion if: (A) you violate or breach any obligations under these Terms, (B) you do not qualify under applicable law or our policies to access the Services, or (C) for any legitimate business, legal, or regulatory reason.
14.3. You may terminate these Terms at any time by sending notice to the Company at support@kwiko.app.
14.4. Upon termination: (a) your Account will be deactivated; (b) your access to the Services will cease; and (c) these Terms shall terminate, except for clauses that by their nature are intended to survive termination.
14.5. The Company may temporarily suspend access to the Services while it investigates any suspected breach, safety concerns, or legal issues. Such suspension shall not constitute termination.
14.6. Clauses relating to intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution shall survive termination.
15.1. These Terms shall be governed by and construed in accordance with the laws of India. Subject to other provisions in this clause, courts in Bangalore, Karnataka shall have exclusive jurisdiction over all issues arising out of these Terms.
15.2. Any disputes arising out of these Terms shall be resolved by arbitration in Bangalore, Karnataka in accordance with the Arbitration and Conciliation Act, 1996. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English. The parties shall keep the arbitration confidential. The decision of the arbitrator shall be final and binding. Each party shall bear its own costs.
16.1. For any booking-related issue, you may reach out via chat support on the app or write to us at support@kwiko.app. We will strive to resolve your grievance within the timelines prescribed under applicable laws.
16.2. If you are not satisfied with the resolution, you may escalate the matter to our Grievance Officer:
Name: Grievance Officer, Kwiko Technologies Pvt. Ltd. Email: support@kwiko.app Time: Monday to Friday, 9:00 AM to 6:00 PM
16.3. The grievance redressal mechanism is provided in compliance with the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the rules made thereunder.
17.1. Electronic Records: Records generated by the Company's systems shall be deemed accurate and may be relied upon for all purposes including dispute resolution and legal proceedings.
17.2. Changes to Terms: The Company may amend these Terms from time to time. You shall be responsible for reviewing these Terms periodically. Your continued use of the Platform after any amendment shall be deemed as your acceptance of the amended Terms.
17.3. Modification to Services: The Company reserves the right to add, modify, or discontinue the Services at any time, temporarily or permanently, with or without notice.
17.4. Relationship: Nothing in these Terms shall create any partnership, joint venture, or fiduciary relationship between the Company and any Customer or Professional.
17.5. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17.6. Assignment: You may not assign or transfer your rights under these Terms without the Company's prior written consent. The Company may freely assign these Terms to any affiliate, subsidiary, or successor.
17.7. Notices: All legal notices to the Company shall be sent to support@kwiko.app.
17.8. Third-Party Rights: No third party shall have any right to enforce any provision of these Terms.
17.9. Waiver: Any failure by the Company to enforce its rights shall not operate as a waiver of such rights.
17.10. Entire Agreement: These Terms, the Privacy Policy, and Additional Terms constitute the entire agreement between you and the Company regarding the Services.
17.11. Force Majeure: The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, strikes, utility failures, war, terrorism, pandemics, or compliance with any applicable law or governmental order.
If you have any questions about these Terms, please contact us at support@kwiko.app