Terms And Conditions

Terms of Use

This terms of use agreement (“Terms of Use”) constitutes a legally binding contract between FreshHomez Online Consumer Solutions & our affiliates (collectively, “FreshHomez”, “we”, “us”) and the User (“you/your”) with respect to your use of Services (as defined below) provided by FreshHomez, which are available at www.freshhomez.com (“Website”) or any mobile application operated by FreshHomez (together “Platform”). By using the Services available on the Platform, you have read, understood and agree to be bound by these Terms of Use and Privacy Policy (“Policy”), a copy of which is available at (www.freshhomez.com/privacypolicy), which are incorporated herein by reference.

Consent: You specifically represent that you are an adult and are of sound mind capable of contracting as understood under the applicable law and have the right, authority, and capacity to accept these Terms of Use and to abide by the same. If you do not agree to any of the Terms of Use, request you to kindly discontinue viewing or participating in this Platform. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms of Use. In that situation, "you" and "your" will refer to both you and that entity.

Privacy Policy: FreshHomez is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its customers, service experts and other users of the Website. We have established a Policy (located at: www.freshhomez.com/privacypolicy) that explains about the usage of information collected from you. The Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Policy.

Changes to Terms of Use: Any changes to the Terms of Use will be effective immediately upon posting at the domain www.freshhomez.com/terms. Please review the Terms of Use frequently and each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes.

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

  1. 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”.
  2. 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.
  3. 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.
  4. 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").
  5. 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

  1. Subject to these Terms of Use, FreshHomez grants you a limited, revocable, non-exclusive, non-transferable andnon-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
  2. 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.
  3. 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.
  4. 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.
  5. 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

  1. You will not copy or distribute or alter or modify any information available on the Platform in any mediumwithout FreshHomez prior written authorization;
  2. 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;
  3. You shall not solicit, or contact other Users in any form for direct business without the express writtenpermission of FreshHomez;
  4. 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;
  5. 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
  6. 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;
  7. You will not indulge in misusing or damaging any of the devices (technical/non-technical) of the Pro;
  8. 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
  9. 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;
  10. 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;
  11. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  12. 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)
  13. 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

  1. 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.
  2. Without prejudice to the above, FreshHomez makes no representation or warranty that:
    1. The Services will meet Users requirements or that the Services will be uninterrupted, timely, secure, or error-free;
    2. It will assume responsibility for any service advertised or offered by a third party including a service Pro through the Website;
    3. 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;
    4. 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.
  3. 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

  1. 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.
  2. In no event shall the total, aggregate liability of FreshHomez parties, or any of the above-referenced respective parties, arising from or relating to the Terms of Use, Platform, Services, and/or submitted content exceed the total amount of fees actually paid to FreshHomez in the preceding three months by you or Rupees One Hundred, if you have not had any payment obligations to FreshHomez, as applicable.
  3. The Platform may contain links to third-party websites that are not owned or controlled by FreshHomez.FreshHomez does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, FreshHomez will not and cannot censor or edit the content of any third-party site. By using the third-party website, you expressly relieve FreshHomez from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the Platform.
  4. Neither FreshHomez nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
  5. 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

You agree to defend, indemnify and hold harmless FreshHomez, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service Pros, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your access to, use of the Website, violation of these Terms of Use, or violations of any rights of a third party, or any allegation thereof, including without limitation any intellectual property, or privacy right; or your negligence or willful misconduct. Indemnification obligation will survive these Terms of Use and your use of the Platform.

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

  1. The Terms of Use commences on the date you first access/use the Platform. FreshHomez, in its sole and absolute discretion, for any or no reason, has the right to delete, terminate, deactivate of suspend your Account, block your email or IP address, terminate your access to or use of the Platform. You may cancel your use of the Platform and/or terminate the Terms of Use with or without cause at any time by deactivating your Account. Upon termination of this agreement by either party, your right to use the Platform or Services shall immediately cease. On receiving a request to delete the Account from any User, FreshHomez shall endeavour to delete the Account within thirty (30) days of receipt of such request. In case of any breach of Terms of Use by you, in addition to terminating or suspending your account, FreshHomez reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  2. You understand and agree that FreshHomez may retain your Content for backup and archival purposes. All sections which by their nature should survive the expiration or termination of this Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Platform or your Account.

10. Dispute Resolution and Governing Law

If a dispute arises between you and FreshHomez, you and FreshHomez hereby agree to resolve any claim or controversy that arises out of the Terms of Use or the Website in accordance with this Section 10 or as otherwise agreed in writing. Before resorting to the filing of a formal lawsuit, FreshHomez strongly encourages you to first directly contact to seek a resolution via e-mail at [email protected] The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this agreement will occur exclusively in the courts located in Mumbai, India.

11. Notice

You agree that FreshHomez may provide you with notices, including those regarding changes to the Terms of Use,by email, regular mail, or postings on the Platform.

12. General Provisions

  1. The terms of this agreement, any rights, obligations, or remedy hereunder may not be transferred, assigned,delegated or sublicensed by you except with FreshHomez’ prior written consent, and any attempt to assign, transfer, delegate, or sub-license without prior written consent from FreshHomez shall be null and void. FreshHomez may assign, transfer, or delegate this agreement or any rights or obligations or remedy hereunder in its sole discretion. These Terms of Use together with Policy and any amendments constitutes the entire agreement between you and FreshHomez relating to the subject matter herein and supersedes any and all prior written or oral agreements between you and FreshHomez. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable shall not affect the validity and enforceability of the remaining provisions. This Terms of Use may not be changed, waived or modified except by FreshHomez as provided herein or otherwise by written instrument signed by FreshHomez. No waiver by FreshHomez of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. 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.
  3. 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.
  4. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect
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