1. Our Services:
FreshHomez is a platform that connects persons seeking various home improvement services ("FreshHomez Customer" or "Customer") and service experts of all types ("FreshHomez Pro" or "Pro"). FreshHomez Customer and FreshHomez Pro together are hereinafter referred to as “Users” and individually as “User”. Those certain products and services requested by the FreshHomez Customer, which are to be completed by the FreshHomez Pro or other third parties in connection with the Platform, are referred to as "Services".
FreshHomez has limited control over the quality, timing or legality of Services delivered by the Pro. FreshHomez makes only a sincere attempt to provide best service and hence does not take responsibility of suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users. Although FreshHomez does perform reasonable background checks of the Pros, we cannot confirm that each User is who they claim to be. FreshHomez does not assume any responsibility for the accuracy or reliability of this information or any information on the Service.
NEITHER FRESHHOMEZ NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. FRESHHOMEZ AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE
The Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by FreshHomez. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by us. It is your responsibility to evaluate such materials and the usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform.
2. Collection of Information
- In order to use the Platform, you will need to register by creating a password-protected account ("Account"). To create an Account, you must submit your name, address, telephone number and email address through the Account registration page on the Platform and create a password. You will also have to provide additional optional information to FreshHomez for providing you with a more customized experience when using the Platform. FreshHomez may send regular SMS updates to the mobile numbers registered with it. All other content on the Wesbsite along with information shared by you detailing the required service and the information provided in response (and any associated discussions) provided by the service expert shall be termed as “Content”.
- FreshHomez will coordinate through the Platform, SMS messages, notifications, emails or other such means,between the Customer and the Pro to schedule a time for the Pro to attend to the Customer’s request. You acknowledge that any lag in time is owing to FreshHomez’s reasonable efforts to ensure availability of the Pro to address the service request. You must notify us immediately if you decide to cancel your order, preferably by phone/email. You can cancel an order free of charge at any time until a confirmation message has been sent to you with the Pro details. Any cancellation thereafter shall require you to pay the visiting fees as stated below, once the billing mechanism is applicable.
- You will have the option of providing feedback upon completion of the service request (“Feedback”). You agree to provide your Feedback in a truthful and honest manner and agree not to tamper with or modify any Feedback provided by any other User on the Platform. FreshHomez works to provide the most hassle-free experience. In the event that the User is dissatisfied with the Services provided by the Pros, the User shall directly contact FreshHomez at [email protected] to discuss about the grievances or discrepancies in the services provided.
- You agree and acknowledge that FreshHomez and Pros may collect text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or information of any nature whatsoever before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you, your property or otherwise ("Collected Information").
- You are the sole authorized user of your account. You shall be solely responsible for all activity that occurs on your Account including the Content uploaded by you. You agree you won’t disclose your password to anyone and you will notify FreshHomez immediately of any breach of security or any unauthorized use of your Account. FreshHomez has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your Account or that any other breach of security, you will inform us immediately.
3. FreshHomez Intellectual Property Rights
- FreshHomez owns all right, title, and interest in the Website and its content including its text, editorial content,information, images, graphics, designs, sound and video recordings and other materials and effects (collectively "Proprietary Materials") that Users see or read to discover home design ideas, find other Users and estimate costs, among others, on the Platform. All title, ownership and intellectual property rights including trademarks and copyrights on all the Content except the third party content and link to third party Website on FreshHomez’s Website shall remain with FreshHomez and its affiliates as the case may be.
- All content on this Website is the copyright of FreshHomez except the third party content and link to third partywebsite on FreshHomez’ Platform. Systematic retrieval of FreshHomez content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from FreshHomez is prohibited.
- By posting your Content on the Platform, you hereby grant, represent and warrant that FreshHomez has a perpetual,worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights on your Content, Feedback and Collected Information in connection with the FreshHomez business operations, including without limitation, for the promotion of any part or the entire Website.
- FreshHomez reserves the right to terminate the Account of a User(s) upon any infringement of its intellectualproperty rights, or any threat thereof, by any User.
The Platform contains blogs, message boards, chat areas, forums and/or other communication facilities ("Forums") that allow Users to communicate with other Users, in addition to the other content areas. You acknowledge and agree that you are bound by the following
4. User Rules and Responsibilities
- You will not copy or distribute or alter or modify any information available on the Platform in any mediumwithout FreshHomez prior written authorization;
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information so that it will remain accurate, true, current and complete;
- You shall not solicit, or contact other Users in any form for direct business without the express writtenpermission of FreshHomez;
- You shall not (i) interfere or attempt to interfere with the proper working of the Platform or the Platform's infrastructure; or (ii) bypasses FreshHomez measures that are used to prevent or restrict access to the Platform;
- You shall not disclose any of FreshHomez’ trade secrets, confidential and proprietary information and all other information and data of FreshHomez (“Confidential Information”) that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure
- You will not fail to deliver payment for Services purchased by you. You shall pay the applicable Service or labour cost, visit or transportation cost, item cost, convenience cost and any fee payable along with applicable taxes or levies presently payable or hereinafter imposed by the law;
- You will not indulge in misusing or damaging any of the devices (technical/non-technical) of the Pro;
- In the event that you are given a promotional code by or on behalf of FreshHomez through which you may refer a friend to FreshHomez in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded, but only share it with your personal friends and acquaintances for legitimate referral purposes
- You will not agree to purchase a Service which does not meet the Pro's terms as outlined in the Pro’s provided terms of service;
- You will not agree to purchase a Service which does not meet the Pro's terms as outlined in the Pro’s provided terms of service;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- You will not use automated web queries (including, without limitation, screen and database scraping, spiders,robots, crawlers and any other automated activity in connection with the Services)
- Violate any applicable laws or regulations
In the event of violation of the above mentioned duties/ responsibilities by the User(s), FreshHomez in its sole discretion may deactivate or delete User Account, without notice or cancel the service request; or limit the User's Account privileges. You shall be solely responsible for your own User submissions and the consequences of submitting them.
5. Charges and Payment
FreshHomez Customers are obligated to pay for the Services, unless specifically notified otherwise. FreshHomez Customers can pay using Internet Banking and/or credit/debit cards (“Bank Account”) through the Platform’s payment gateway partners or could just pay the FreshHomez Pro in cash. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, FreshHomez will charge the Customer’s Bank Account according to the amount and payment schedule agreed with you for the use of the Service. FreshHomez may, in its discretion, facilitate payment of Pro charges. Payment of the Pro Charges in such manner shall be considered the same as payment made directly by you to the Pro. You acknowledge and agree that your purchases of services and products from a Pro are transactions between you and that Pro, and not with FreshHomez. Payments are final and non-refundable. Any payments paid in cash outside of the FreshHomez web services are NOT subject to refunds.
Taxes: You understand that we are acting solely as an intermediary for the collection of rents and charges between a Customer and a service Pro who choose to enter into an agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that FreshHomez shall not be responsible or liable in any manner in relation to tax liability of a Customer or a service Pro.
Upon receipt of a complaint from the User, FreshHomez shall conduct an investigation into the complaint and upon examining the circumstances and all associated evidence determine whether the User is eligible for a refund. In the event that there is no corrective action possible and a refund is due to the User, FreshHomez shall process the same. User acknowledges that eligibility for refund shall be determined in FreshHomez sole discretion. FreshHomez retains the right, in its sole discretion, to place a hold on any payment to a Pro for a completed Service transaction.
While FreshHomez will use commercially reasonable efforts to ensure the security of all banking and other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold FreshHomez harmless for any damages that may result therefrom. Please contact FreshHomez to request information about FreshHomez’ internet banking and other cashless transaction providers. You will be liable for all transaction taxes on the services provided under this Agreement
6. Disclaimer of Warranties
- FreshHomez is providing the Services to the User “as is” and “as available” without any warranties of any kind,express or implied; unless specifically communicated to you under special promotional schemes, which shall in ALL cases be with limited liability of rework only.
- Without prejudice to the above, FreshHomez makes no representation or warranty that:
- The Services will meet Users requirements or that the Services will be uninterrupted, timely, secure, or error-free;
- It will assume responsibility for any service advertised or offered by a third party including a service Pro through the Website;
- It shall be responsible for any bugs, viruses, Trojan horses, or the like which may be transmitted to or throughthe Website by any third party, any interruption or cessation of transmission to or from the Website, any defamatory, offensive, or illegal conduct of any third party or User or Service Expert;
- It shall be liable for any conduct of the service Pro. However, it will use commercially reasonable efforts toaddress any complaints that you may have against any Pro and that you bring to FreshHomez attention.
- The User is using the Website at his or her own risk. To the fullest extent allowed under applicable law,FreshHomez disclaims all warranties, whether express or implied, including any warranties that the Platform is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or able to operate on an uninterrupted basis, or that the use of the Platform by the User is in compliance with laws, or that User submissions to the Platform will be successfully, accurately or securely transmitted.
7. Limitations of Liability
- In no event shall FreshHomez, or its respective officers, managers, members, directors, employees, successors,assigns, licensors, subsidiaries, affiliates, service Pros, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the Website or any Services offered by any service Pros via the Platform, including services provided pursuant to an agreement formed independent of the Platform, whether or not an agreement for service formed via the Platform is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the Platform or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party; (v) any interruption or cessation of transmission to or from the Platform; (vi) any errors or omissions in any data, content, information, materials or substance of the Platform or submitted content; (vii) any failed negotiations for a Service, any disputes that arise during or after the negotiation of a Service or the formation of a contract for a Service, or any other dispute that arises between Users of the Platform; (viii) any defamatory, offensive, or illegal conduct of any third party or Customer or service Pro; or (ix) any use of any data, marks, content, information, materials or substance of the Platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not FreshHomez is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The User’s sole and exclusive remedy is to cease use of the Platform or Services.
- You acknowledge, agree and understand that FreshHomez only seeks to provide a platform wherein the User andservice Pro can be brought together and FreshHomez itself has no role in the execution of Services.
8. Indemnification and Release
If you have a dispute with one or more website Users, you forever release FreshHomez (and its officers, managers, members, licensors, directors, employees, successors, assigns, subsidiaries, affiliates, service Pros, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Platform and/or any submitted content.
9. Termination and Suspension
10. Dispute Resolution and Governing Law
12. General Provisions
- In regard to service Pros: FreshHomez takes no responsibility for money paid to FreshHomez Pro without informing us. We have no control over payments made in cash hence it is important that payments to be made directly to FreshHomez through online payment option as available on the Platform. The respective service Pro is liable for any damage done by him / her, in occurrence of any such event the FreshHomez Customer is requested to contact FreshHomez customer care and then may lodge a complaint against the Pro, if the solution is not resolved amicably. FreshHomez Customers are requested to report/inform us immediately for any misconduct or unsatisfied behavior of any of service Pro so that FreshHomez can take action for improvement. However if the misconduct is falling in the category of breach of law then FreshHomez Customer may deal with that as per the applicable laws directly with the service Pro and FreshHomez will not be responsible in such case. Also, in case any criminal act is committed by the service Pro while providing Services, the FreshHomez Customer, at its own will can take direct action under the laws of country and also keep us informed on full details of the same. FreshHomez will not be party to any such action.
- Any claims relating to use of the Services must be brought within twelve months from the date the cause of action arose. Claims brought after such period are VOID.