Grabacon Users Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Last updated September 22, 2020
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Grabacon. 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.
Grabacon is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Grabacon app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Grabacon app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
Grabacon may disclose users’ personal information to third parties. Grabacon may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Grabacon may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
Grabacon will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enablesyou, as an independent third party provider (/ Service Partner/) access to and use of Grabacon’s mobile applications or websites (each, an /Application/; collectively /Grabacon Platform/) to: (a) arrange and schedule delivery of services with end-users of those services, who have an agreement with Grabacon or its affiliates (/Users/); (b) determine the amount to be paid by the Users to you for the services provided by you; (c) determine the maximum and efficient utilisation of your time while using the Services; (d) take measures to maximise your earning potential through use of the Services; and (e) facilitate receipt of payments from Users for services offered by you via the Grabacon Platform and generation of receipts for those payments.
The Services are made available solely for your commercial use, unless Grabacon has agreed with you otherwise in a separate agreement. You acknowledge that there is no contract of employment between yourself and Grabacon and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these Terms or your provision of services to Users. You will not seek and Grabacon will not provide any supervision, directions or control over the individual services that you offer to Users. You will obtain and possess at your own cost and at all times, while accessing and using the Services, the necessary approvals/licenses/tax registrations required to offer your services to Users. You have no authority to bind Grabacob in any respect. You further acknowledge that Grabacon does not provide any of the services that you offer to Users via the Grabacon Platform and that Grabacon does not function as a provider of the particular services that you are offering to Users via the Grabacon Platform. Grabacon only seeks to provide the Grabacon Platform wherein you and Users can be brought together and has no role in the execution or provision of the services you provide to Users. You are solely responsible for the services that you provide to the Users.
Grabacon accepts liability for the Services and Application that it provides to you subject to these Terms.
Subject to your compliance with these Terms, Grabacon grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your commercial use. Any rights not expressly granted herein are reserved by Grabacon and Grabacon’s licensors.
You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Grabacon; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Justforlocks Pvt Ltd (JFL).
The Services and all rights therein are and shall remain Grabacon’s property or the property of Grabacon’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner Grabacon’s company names, logos, product and service names, trade marks or services marks or those of Grabacon’s licensors (/Marks/).
Your Use of the Services
You must be at least 18 years of age, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Grabacon certain personal information, such as your name, address, mobile phone number and age, as well as valid government issued identification and trade licences (if applicable), government approvals allowing you to offer your services, and/or requisite tax registrations. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.
No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access and use your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by Grabacon that you have shared your login credentials or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account, these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.
You may only possess one Account. If it is found that you possess multiple Accounts on the Grabacon Platform, your access to all Accounts on the Grabacon Platform will be permanently revoked without notice.
You hereby expressly acknowledge and agree that you and not Grabacon will be liable for your losses and damages (whether direct or indirect) caused by an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Grabacon or others due to such unauthorised use.
You acknowledge that your continued use of the Services is subject to you maintaining a minimum ratings threshold. The ratings threshold for your particular category and your particular city will be communicated to you either through the Grabacon Platform or via text message or by an Grabacon employee in your city. If your ratings fall below the minimum threshold your access to the Grabacon platform will be temporarily blocked. In the event your ratings fall below the prescribed threshold and your access to the Services is temporarily blocked, you will be required to attend a training session to reactivate your access to the Services.
By creating an Account, you agree that the Services may send you text messages as part of the normal business operation of your use of the Services. You consent to receiving such text messages and acknowledge that any steps taken by you to not receive such text messages will affect your use of the Services.
You are required to pay a fee (/Lead Fee/) to Grabacon in order to be able to accept requests made by Users (/Leads /) for your services. The details required to connect with a User will only be communicated to you after the Lead Fee is paid to Grabacon. The quantum of the Lead Fee will be based on the aggregate value of the Lead. Lead Fee may be charged as a percentage of the aggregate value of Lead or as a fixed sum. The quantum of the Lead Fee for the particular services offered by you to the User will be communicated to you from time to time or before the communication of a Lead.
Further, to be able provide a lower Lead Fee to you, and to be able to provide you with adequate Leads, Grabacon will provide you with a calendar on the Grabacon Platform. You will be required to indicate your proposed availability during a given calendar month on the calendar provided via the Grabacon Platform. This will enable Grabacon to determine the most efficient manner in which to send Leads to you.
If a User cancels a request for your services after acceptance of the said request by you and payment of the Lead Fee, the Lead Fee will be refunded to you. The Lead Fee may also be refunded to you in cases where the User is not available at the location at or the time for, which the service request is placed.
If you cancel a request placed by a User after accepting such a request, Grabacon shall be at liberty to determine whether or not to refund the Lead Fee to you. You agree that in cases where Grabacon determines that the Lead Fee is not required to be refunded to you due to your cancellation of an accepted request placed by a User, you will relinquish the right to make any claims for refund of the Lead Fee.
You will, at all times, be required to maintain a minimum balance of credits (/Grabacon Credits/) in your Account to be able to accept service requests placed by Users via the Grabacon Platform. You may further use Grabacon Credits to purchase Leads, goods and service offered by Grabacon to you from time to time. You agree and acknowledge that your use of the Services may be affected if you do not have the requisite Grabacon Credits in your Account. Grabacon Credits will be credited to your Account against payment being made by you to obtain the Grabacon Credits.
To ensure maintenance of the deposit (as mentioned in the preceding paragraph) you acknowledge and authorize Grabacon to deduct certain amounts from the payments made by the Users to you. The deductions in this regard will be subject to a maximum of INR 10,000 (Rupees Ten Thousand).
To facilitate the payment by the User through the Grabacon Platform, you will be charged a transaction fee by Grabacon. All payments made by Users will be made to you net of the said transaction fee.
You, additionally, acknowledge and authorize Grabacon to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (/NBFCs/) when loans have been availed by you from such NBFCs for the purposes of offering services on the Grabacon platform. You also acknowledge and authorize Grabacon to deduct payments towards advances made by Grabacon to you for the use of the Grabacon platform. All payments made by Users will be made to you net of the said deductions.
Grabacon from time to time in in its own discretion may issue Grabacon Credits, free of charge, (/Promo Grabacon Credits/) to your Account and/or may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services subject to any additional terms that Grabacon establishes. You agree that all Promo Grabacon Credits: (i) may not be duplicated, sold or transferred in any manner, or made available to any person other than yourself; (ii) may be disabled by Grabacon at any time for any reason without liability to Grabacon; (iii) are not valid for cash; and (iv) may expire prior to your use.
Grabacon reserves the right to withhold or deduct Grabacon credits or Promo Grabacon Credits in the event that Grabacon reasonably determines or believes that the use of the Grabacon Credits or Promo UC Credits was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Service Partner Provided Content.
Grabacon may, in Grabacon’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Grabacon 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 (/Service Partner Content/). Any Service Partner Content provided by you remains your property. However, by providing Service Partner Content to Grabacon, you grant Grabacon a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sublicence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Service Partner Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Grabacon’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 Service Partner Content or you have all rights, licences, consents and releases necessary to grant Grabacon the licence to the Service Partner Content as set forth above; and (ii) neither the Service Partner Content nor your submission, uploading, publishing or otherwise making available of such Service Partner Content nor Grabacon’s use of the Service Partner 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.
You agree to not provide Service Partner Content that is defamatory, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Grabacon in its sole discretion, whether or not such material may be protected by law. Grabacon may, but shall not be obligated to, review, monitor, or remove Service Partner Content, at Grabacon’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 Applications and any updates thereto. Grabacon does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
After you have delivered your services to the Users through your use of the Service, Grabacon will facilitate the payment of the applicable amount to be paid by the User to you as your limited payment collection agent. Payment of the amount payable by the User in such manner shall be considered the same as payment made directly by the User to you. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by the User to you are final and non-refundable, unless otherwise determined by Grabacon.
You retain the right to receive a lower amount as final payment towards the delivery of services by you to a User. Grabacon will respond accordingly to any request from you to modify the amount to be paid by a User for a particular service delivered by you to the said User.
You agree and acknowledge that the amount to be paid by a User for the services offered by you may vary based on geographical areas, population density, time periods, demand, weather and traffic conditions, local or national holidays, particular days of the week and other factors that might be determined by Grabacon from time to time.
This payment structure and determination of the amounts to be paid by the Users to you is intended to fully compensate you for the services provided by you to the User. Grabacon does not designate any portion of the payment received by you as a tip or gratuity from the User. Any representation by Grabacon on the Grabacon Platform to the effect that tipping is /voluntary,/ /not required,/ and/or /included/ in the payments made for services provided is not intended to suggest that Grabacon provides any additional amounts, beyond those described above. You understand and agree that, while Users are free to provide additional payment as a gratuity to you, the Users are under no obligation to do so. Gratuities are voluntary.
Grabacon will, on your behalf, generate an invoice for the services provided by you to the User. The invoice will be raised in your name and sent to the User via the Grabacon Platform and/or any other mode of communication.
Requesting a refund, Generally, all charges for services on Grabacon app are nonrefundable.
Current Offers and referrals
You understand that Grabacon is acting solely as an intermediary for the collection of payments and fees between Users and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. Grabacon cannot and does not offer tax advice to you. Further, you understand that Grabacon shall not be responsible or liable in any manner in relation to tax liability that you may incur. In case of unregistered Housekeeping services (‘HK services’), Grabacon shall pay taxes under Section 9(5) of Central Goods and Services Tax Act, 2017, on your behalf. Additionally, any other applicable taxes (whether direct or indirect) that are liable to be deducted on your behalf will be done so by Grabacon and the payment due to you from the Users will be net of such deductions towards applicable taxes.
Grabacon prohibits discrimination against other service providers or users based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any your refusal to provide services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the Grabacon 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.
Suspension and Termination
Grabacon may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Grabacon 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 Grabacon and its affiliates, to access and use the Services.
Grabacon 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 Grabacon reasonably suspects that:
- you have, or are likely to, materially breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and policies of Grabacon and its affiliates, to access and use the Services; or
where Grabacon, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
You may terminate these Terms at any time, for any reason by informing Grabacon either in writing or by visiting Grabacon’s local city office of your decision to terminate.
Effect of Termination
Upon termination of these Terms, your right to participate in the Grabacon Platform, including, but not limited to, your right to offer or purchase services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Grabacon system.
Upon termination, the following shall occur: all licences granted to you here under will immediately terminate; and you shall promptly destroy all copies of Grabacon data, Marks and other content in your possession or control. You further acknowledge and agree that Grabacon shall not be liable to you or any third party for any termination of your access to the Grabacon Platform. Upon termination, Grabacon retains the right to use any data collected from your use of the Grabacon Platform for internal analysis and archival purposes, and all related licenses you have granted Grabacon hereunder shall remain in effect for the foregoing purpose. In no event is Grabacon obligated to return any Service Partner Content to you.
Any term which by its nature is intended to survive expiration or termination of these Terms shall survive expiration or termination of these Terms.
Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED /AS IS/ AND /AS AVAILABLE./ TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRABACON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GRABACON DOES NOT GUARANTEE YOUR SAFETY WHILE DELIVERING SERVICE REQUESTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.