These terms and conditions (“Terms”) govern the use of services made available on or through [www.anshcareservices.com] and/or the ‘Anshcare’ mobile app (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). These Terms also include our privacy policy, and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

The Terms constitute a binding and enforceable legal contract between Anshcare India Private Limited (a company incorporated under the Companies Act, 2013 with its registered address at 2nd Floor, SRV Tower,Madhapur, Hderabad, 500081) and its affiliates (“Anshcare”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books the Helper services (as defined below) on behalf of end-users (“you” or “User”). 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. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.

1. SERVICES

(a) The Services include (i) the provision of a technology Platform that enables you to arrange subscription based house maid/cooking maid/baby caretaker/all-rounder services with independent third-party service providers (“helpers”). (ii) perks/information/accessories regarding helpers, based on availability and feasibility includes but not limited to: (A) Police clearance certificate (PCC) of helper, (B)Aadhar verification report of helper, (C) Background verification report of helper, (D) Training of helper for the required job skills & soft skills, (E) Uniform for helper, (F) Transportation of helper (for full-time / live-in helpers only) and information of 'Anshcare' biker (only in case Anshcare is providing daily pick & drop service to the worker, for day-time workers only), (G) Replacement guarantee of helper to you as per our refund and replacement policy mentioned in clause 7 of these terms. (iii) transfer of payments to Helpers for the services they render to you and collection of payments on behalf of such Helpers if agreed by both, helper and you.

(b) The services rendered by Helpers such as house maid/cooking maid/baby caretaker/all-rounder and other such services are referred to as “Helper services”. For the avoidance of doubt, it is specifically clarified that the term “Services” does not include the Helper services. Anshcare only provides the Services, does not provide the Helper services, and is not responsible for the provision of the Helper services. Helpers are solely liable and responsible for the Helper services that they offer or otherwise provide through the Platform, and any recourse that you may have / take in relation to the Helper services shall solely be against / in relation to the Helper(s). Anshcare and its affiliates do not employ the Helpers, nor are the Helpers’ agents, contractors, or partners of Anshcare and/or its affiliates. Helpers do not have the ability to bind or represent Anshcare, whether by action, inaction, omission, contract or otherwise, for any purpose whatsoever. The terms of the Helper services availed by you from a Helper shall be subject to an agreement (whether oral or otherwise) between you and the Helper.

(c) The Platform is for your personal and non-commercial use only, unless otherwise agreed upon between you and Anshcare in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India.

(d) An integral part of the Services is Anshcare’ ability to send you messages (including on text, whatsapp, through the application/platform of Anshcare), electronic mails, for various reasons including in connection with your bookings / subscriptions / your utilization of the Services, or as a part of, promotional, marketing and other commercial strategies of Anshcare.

(e) In certain instances, you may be required to furnish identification proof to avail the Services or the Helper services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Helper services, including due to us banning you from accessing the Services and the Helper services.  

2. ACCOUNT CREATION

(a) To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your address, house size, phone number and number of family members. To create an Account, you must be at least 18 years of age.

(b) 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.

(c) 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 with respect to your Account.

(d) You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.

(e) You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers and services from us and our third party partners, and (iv) any other matter in relation to the Services.

3. USER CONTENT

(a) Our Platform may contain interactive features or services that allow Users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews (including about the Helpers and Helper services), suggestions, feedback, or other content on or through the Platform (“User Content”).

(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Helpers and you agree and acknowledge that Helpers may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews may, among other purposes, be used by us for quality control purposes and to determine whether Users and Helpers are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel/suspend/terminate your subscription/registration and remove/block/suspend/terminate you from our Platform.

(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence 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 functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.

(d) In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.

(e) You agree and acknowledge that Anshcaremay, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.

4. CONSENT TO USE DATA

(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at [Privacy Policy] and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.

(b) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third parties. We may use information and data pertaining to your use of the Services for various purposes including but not limited to the provision of the Services, analytics, trend identification, targeted marketing, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, offers on third party products and services, and for experience enhancement.

(c) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

5. BOOKINGS AND SUBSCRIPTIONS

(a)Booking orders: The Platform permits you to request Helper services for various durations (1 month/6 months/12 months or any other duration) on subscription basis. You can make a booking, by following the instructions on the Platform, providing necessary information and paying the respectable booking fees (“Booking Fees”) mentioned on the platform. Once you place a booking order, we will provide confirmation of the booking via a message (such as whatsapp/SMS/ in-app notification), email or a push notification. we apply reasonable efforts to enable you to find a Helper who is able to provide required service in reasonable time. If, in the unlikely event we cannot find a Helper for the specific duration/location, we may contact you (via message, in app notification, email, call, etc.) to find an alternative, or to cancel the booking and initiating refund of Booking fees according to our refund and replacement policy mentioned in clause 7 of these terms.

(b) Helper Confirmation: Once we find a suitable helper according to your requirements, we will share helper’s relevant information with you via a message (such as whatsapp/SMS/ in-app notification), email, push notification or a telephonic call. You will be required to make the payment of fees (“subscription fees”) in accordance with these Terms or as indicated on the Platform.

(c) Cancellations: Bookings/Subscriptions that are cancelled by you before confirmation on the Platform will not be charged. However, once the Booking/Subscription is confirmed refund will be initiated according to the refund and replacement policy mentioned in clause 7 of these terms.

(d)  Replacement: In case of the unavailability of, or cancellation by a selected Helper (including during a subscription month), we will provide you replacement according to our refund and replacement policy mentioned in clause 7 of these terms.

6. PRICING, FEES, AND PAYMENT TERMS

(a)Anshcare reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time on or via the Platform.

(b) Helper’s salary, Booking fees and Subscription fees in respect of Helper services:

(i) In respect of Helper services that you seek to avail through the Platform, the amount that goes in full, to the helper and is payable either at the end of every month during subscription period or on last day of subscription period is termed as “Helper’s salary”. In addition to the Helper’s salary payable to Helpers,Anshcare reserves the right to charge you a convenience fee for facilitating the booking, charged at the time of placing a booking order, termed as “Booking fees” and a convenience fee for arranging Helper services and other facilities (as mentioned in either these terms or on platform) during the subscription period, charged on Helper conformation, is termed as “Subscription fees”).

(ii)Anshcare shall notify you of the applicable Helper’s salary, Booking fees, Subscription fees and payment methods at the time of booking. Generally, you may make payments for Helper services through credit cards, debit cards, net banking, wallets, or UPI upon booking. We have the right to modify and otherwise restrict the modes of payment available to you. We do not accept payments via cash for any bookings, and if you provide any cash/advances/loans etc. to a Helper, Anshcare shall not be responsible for any loss suffered by you.

(iii) The Helper’s salary, Booking fees and Subscription fees shall be payable at the time and order as specified in clause 6.(b).(i) in these terms.

(iv) For the avoidance of doubt, please note that the Helper’s salary are payable to Helpers, and Anshcare acts as a limited collection agent on behalf of such Helpers to collect and transfer amounts due to them.

(v) Taxes: Helper’s salary is inclusive of applicable taxes. however, Booking Fees and Subscription fees are not inclusive of applicable taxes.

(vi) Anshcare reserves the right to reasonably amend the Helper’s salary, Booking fees and Subscription fees at any time at its sole discretion. A change in Booking fees and Subscription fees shall not impact any bookings that have been confirmed before the publication of the revised Booking fees or Subscription fees on the Platform.

(vii) Helper’s salary, Booking fees and Subscription fees that you pay are final and non-refundable, unless otherwise determined by Anshcare or required by applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services.

(viii) You acknowledge and agree that Helper’s salary, Booking fees and Subscription fees applicable in certain geographical areas may increase substantially during times / time slots of high demand. Anshcare will use reasonable efforts to inform you of the Helper’s salary, Booking fees and Subscription fees that may apply. However, by using the Helper services or Services, you will be responsible for the Helper’s salary, Booking fees and Subscription fees incurred under your Account regardless of your awareness.

(c) Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.

(d) Anshcare does not designate any portion of your payment as a tip or gratuity to the Helper. Any representation byAnshcare to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for Helper services is not intended to suggest that Anshcare provides any additional payments to Helpers. You understand and agree that while you are free to provide additional payment as a gratuity to any Helper who provides you with Helper services, you are under no obligation to do so. Gratuities are voluntary and Anshcare shall not be liable for any gratuity whatsoever paid by you to the helper.

7. REFUND POLICY

1. Except as otherwise specified by Anshcare, the subscription fees you pay are fixed amounts that are not refundable. If the Services are not provided as promised, you could be entitled to a refund or other remedies under specific laws.
2. The Helper's pay,  and subscription fees may all be changed in a reasonable manner at any time by Anshcare at its sole discretion. Any reservations that were confirmed prior to the publication of the amended  Subscription fees on the Platform will not be impacted by a change in the Subscription fees.
3. At the time of Prime booking, Anshcare shall inform you of the applicable Helper's wage,  Helper's leaves , Subscription costs, and payment options. Typically, you can pay for Helper services upon booking using credit cards, debit cards, net banking, wallets, or UPI. The payment options you have are subject to change and other restrictions at our discretion. We do not accept cash payments for any reservations, and if you give any cash, advances, loans, or other items to a Helper, Anshcare will not be liable for any losses you experience.
4. To charge you using the payment method you've chosen, we might work with a third-party payment processor (the "Payment Processor"). In addition to these rules, the payment processing shall be governed by the rules and regulations of that Payment Processor. We won't be held responsible for any mistakes made by the payment processor. Any unsuccessful payments will result in the debited funds being credited in accordance with the Payment Processor's rules.
5. In care of prime service subscription, In the event of a delay in salary payment exceeding 3 working days, beyond the scheduled payment date, the Client shall be liable to pay a late fee of Rs. 100 for each day of delay, and service shall be terminated if exceeds a week.
6. In case of a prime service subscription, if the company[Anshcare] fails to provide the helper to the client within a week, in such cases company will refund the subscription amount after deducting Rs. 500 as a service charge.
7. In the case of a self-search subscription, the client will not be entitled to get any refund if the client fails to fix the deal with helpers, after providing a specified number of helper's contact numbers to the client by anshcare.
8. The helper's job description cannot be altered upon replacement. If a change in the job description is necessary, we will locate a suitable assistant based on your most recent booking. However, in this situation, a refund for an earlier reservation is not available.
9. in case of employer subscription, if the employer wants refund within 48 hours after making payment to anshcare as a subscription fee, anshcare will refund 50% of the subscription amount, after 48 hours of claim, the refund will not be considered.

8. USER CONDUCT

(a) Anshcare prohibits discrimination against Helpers, including on the basis of 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 Helper services based on any of these characteristics.

(b) We request that you treat all Helpers with courtesy and respect, and that you provide them with a safe, clean, and appropriate environment to perform the Helper services. Helpers shall be entitled to refuse to perform Helper services if you have not provided a safe, clean, and appropriate environment for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to Helper services at our absolute discretion, for any purpose whatsoever, including if you behave towards any Helper in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.

(c) You agree that The helper has right to get fresh and timely meals, a clean and hygienic place to work/rest/sleep, bathe (applicable for full-time workers), and defecate etc. Please note, according to labour laws in India, "in any working day of six or more hours, worker (helper) shall cease for rest and refreshment for not less than ¾ of an hour, including one continuous break of not less than half an hour." Hence, we request you to adhere to the above and even for shorter durations, accommodate a small break time of a few minutes for helper’s health and safety.

(d) You agree that you will be liable for discriminating against Helpers or for any failure, intentional or otherwise to provide the Helpers a safe, clean, and appropriate environment for them to perform the Helper services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Helper to perform the Helper services or impact the Helper’s health, safety, or well-being, to Anshcare and the Helper.

(e) You agree that in the event a Helper behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to info@anshcareservices.com at the earliest but in any event within 48 (forty eight) hours of such incident.

9. THIRD PARTY SERVICES

(a) The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party, including links to/coupons for / products sold by third party manufacturers (“Third Party Services”) and contain 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 it and that use of such Third Party Services is solely at your own risk. Any warranties, refunds, claims, replacements etc. for any Third Party Services (including products sold by third parties), marketed through our Platform/ by us (whether online or offline), including any promotional coupons, samples, etc. shall solely be between you and such relevant third party.

(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail / purchase a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

10. YOUR RESPONSIBILITIES

(a) You represent and warrant that all information that you provide in relation to the Services and Helper services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services and/or the Helper services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.

(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

(c) In respect of the User Content, you represent and warrant that:

(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;

(ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;

(iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;

(iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;

(v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;

(vi) the User Content does not and shall not ‘violate any third party rights; and

the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognizable offence, prevents investigation of any offence, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services.

(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;

(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;

(iii) use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;

(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;

(v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;

(vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;

(vii) decompile, reverse engineer, or disassemble the Services;

(viii) link to, mirror, or frame, any portion of all or any of the Services; or .

(ix) violate applicable laws in any manner.

(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.

(f) You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.

(g) You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Helper from whom you have availed Helper services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Helper services independently, without booking the Helper services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Helpers and that this will not preclude you from obtaining services the same as or similar to the Helper services through the Platform or other means. You further agree that any potential harm to Helpers from the non-enforcement of this clause far outweighs any potential harm to you.

11. OUR INTELLECTUAL PROPERTY

(a) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by 'Anshcare’ licensors/associates/partners.

(b) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from

you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

(c) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.

12. TERM AND TERMINATION

(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof,

(i) immediately and at any point at our sole discretion, (A) if you violate or   breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, or (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of Anshcare or its affiliates, to access and use the Services; or

(ii) immediately for any other legitimate business (in the sole discretion of Anshcare), legal, or regulatory reason.

(c) You may terminate these Terms (and consequently your right to the Platform and/or Helper services), at any time, for any reason by sending a notice to Anshcare at  info@anshcareservices.com

(d) Upon termination of these Terms:

(i) the Account will expire;

(ii) the Services will “time-out”; and

(iii) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.

13. DISCLAIMERS AND WARRANTIES

(a) 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. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.

(b) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.

(c) While Anshcare strives to provide accurate information about Helper services and Helper’s salary, pricing errors may occur from time to time, and Anshcare makes no warranties of any kind in relation to the Helper services, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.

(d) You agree and acknowledge that we are merely a Platform that connects you with Helpers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. We are not liable or responsible for fulfilment of any bookings, for the performance of the Helper services by any Helper, or for any acts or omissions of the Helpers during their provision of the Helper services including any damage they may cause to property. By booking Helper services through the Platform, you are entering into a contract with the relevant Helper for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Helper’s performance under that contract.

(e) You agree and acknowledge that soliciting or receiving services from any Helper independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.

(f) We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Helpers or their ability to provide the Helper services.

(g) You hereby accept full responsibility for any consequences that may arise from your use of the Services and Helper services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.

(h) Anshcare will try to, on a best efforts basis, maintain a complaints management framework and will try to manage this framework on behalf of Helpers in a reasonable manner and in accordance with the non-excludable requirements of relevant applicable laws. (i) To the fullest extent permissible by law, we, our affiliates, and our related parties, each disclaim all liability for any loss or damage arising out of, or due to: (A) your use of, inability to use, or availability or unavailability of the Services or the Helper services, (B) the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorised access to our records, programmes, services, servers, or other infrastructure relating to the Services, (C) the failure of the Services to remain operational for any period of time, and, (D) the loss of any User Content and any other data in connection with your use of the Services.

(j) In no event shall Anshcare, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any abuse or breach of data), even if Anshcare or an authorised representative had been advised of the possibility of such damages, arising out of, or relating to (A) these Terms, (B) the Services or the Helper services, (C) your use or inability to use the Services or the Helper services, or (D) any other interactions with another user of the Services.

(k) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform. In no event shall our total liability to you in connection with these Terms exceed INR 5,000 (Rupees Five Thousand).

 (l) Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

14. INDEMNITY

You shall 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 claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or Helper services, use of the Services or Helper services, violation of these Terms, or any violation of these Terms by any third party who may use your Account, or any claims made by a Helper in relation to the Helper services provided by such Helper to you.

15. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

(b) Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (one) arbitrator mutually appointed by Anshcare and you. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

  16. GRIEVANCE REDRESSAL

(a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services or these Terms through registered post or through email, details of which are provided below:

Name: Ms. Purnima Tripathi

Email Address: info@anshcareservices.com

(b) We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.

17. MISCELLANEOUS PROVISIONS

(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.

(b) Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.

(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

(d) Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any third party without any prior notice to you.

(e) Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to info@anshcareservices.com.

(f) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.

(g) Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance ‘with any law or governmental order, rule, regulation, or direction.