TERMS OF USE

Posted as of 22nd  February, 2022

Last updated as of 22nd _ February, 2022

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Application.

This Application is created and operated by M/s Sadha Connect Limited (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at “12 Metcalfe Avenue, Carshalton, SM5 4AT, United Kingdom” and operating under the brand name “Sadha” (“Brand name”). We intend to ensure your steady commitment to the usage of this Application and the services provided by us through our Application “Sadha” (“Application”)

i.  For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Firm”, “Our”, and “Us” shall mean and refer to the Application. 

ii.  “You”, “Your”, “Yourself”, “User” and “Expert Partner” shall mean and refer to natural and legal individuals who shall be users of this Application provided by us and who is competent to enter into binding contracts, as per Indian laws. 

iii.  “Third Parties” refer to any Application or individual apart from the Users and the creator of this Application.

GENERAL TERMS

i.  The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Application.

ii.  The use of this Application is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Application and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Application, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.

iii.  You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

iv.  You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Application, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Application constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.

v.  We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Application at once. Your continued use of the Application will signify your acceptance of the changed terms.

REGISTRATION

Registration on the Platform is mandatory for Users of the Applications. The Users shall have to provide the following information at the time of registration.

Registration on the Platform is mandatory for Users of the Website. 

A.  The Users can register by providing the following information:

vi.  Name

vii.  Photograph

viii.  Date of Birth

ix.  Phone Number

x.  Email ID

xi.  City

xii.  Address.

B.  The Expert Partners can register by providing the following information:

i.  Name

ii.  Photograph

iii.  Date of Birth

iv.  Phone Number

v.  Email ID

vi.  City

vii.  Address.

viii.  Service Related Informations

APPLICATION OVERVIEW

The Platform works on the online applications “Sadha Connect” for users & “Sadha Xpert” for ‘expert partners’ for the services that serves all arrays of consumer needs with a goal to make consumer’s life fulfilling, convenient, and cost-effective. The Platform is committed to providing value services for all categories for the users' daily routine, commercial services, shopping, etc while ensuring that the user’s lifestyle is simple and undemanding.

The Applications shall work as an aggregator to provide the listed selling partners on the website the required access to the updated untapped markets, and can leverage the service for guaranteed orders, payment security and incremental sales. The role of the Platform is to create an online marketplace that consists of various brands/ vendors selling their services by listing the same on the website for the users on the platform. 

The Applications provides information content in the form of blogs, topics ranging from Sustainable and living, specifications, generalised information, personal information, services search, categories, and a dedicated arrays of environmental information over services. The Platform aims at delivering a world-class services sourcing at the fingertips to promote commercial services between the potential users and ‘Expert Partners’.

PAYMENT GATEWAY

For making all payments for services on the Application, you shall be required to make payment for which you will be redirected to a third-party payment gateway, that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

ELIGIBILITY

a)  You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are a minor using this Application, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

b)  You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

c)  You shall not use the Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Application. 

All the Content displayed on the Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Application and whilst feedback and comments by You can be made via the Application, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Application. Further, the Application reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Application or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Application. You shall not copy, adapt, and modify any content without written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a.  Your use of the Application, 

b.  Your violation of these Terms of Use; 

c.  Your violation of any rights of another; 

d.  Your alleged improper conduct according to these Terms of use;

e.  Your conduct in connection with the Application; 

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Application and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

a.  We are not responsible for any consequences arising out of the following events:

i.  If the Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

ii.  If you have fed incorrect information or data or for any deletion of data;

iii. If there is an undue delay or inability to communicate through email;

iv.  If there is any deficiency or defect in the Services managed by Us;

v.  If there is a failure in the functioning of any other service provided by Us.

b.  The Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Application or any service availed of by Us through the Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Application.

c.  You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.

d.  The Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Application and which is incurred by you in connection with the Application, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

e.  To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Application.

TERM

a.  These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Applications.

b.  You may terminate your use of the Application at any time. 

c.  We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Application at any time and for any reason, if any discrepancy or legal issue arises.

d.  Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

e.  It is also hereby declared that we may discontinue the Services and Applications without any prior notice.

TERMINATION

a.  We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Application, or any portion thereof, at any time, without notice or cause. 

b.  We also reserve the universal right to deny access to You, to any/all of are on its Application without any prior notice/explanation to protect the interests of the Application and/or other Users to the Application. 

c.  We reserve the right to limit, deny or create different access to the Application and its features concerning different Users, or to change any of the features or introduce new features without prior notice. 

d.  You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

COMMUNICATION

By using this Application and providing Your identity and contact information to Us through the Application, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.

You expressly agree that notwithstanding anything contained herein above, it may be contacted by Us relating to any services availed by You on the Application or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Application and you: 

a.Agree to provide genuine credentials during the process whenever required on the Application. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information. 

b.Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.

c.You agree to check all the ‘Expert Partner’s’ specifications before ordering any services and to be solely responsible in the case if there is defect, problem in any services or any delay in service delivery or cancellation from the ‘Expert Partner’s’. The ‘Expert Partner’s’ registered on the Application are not verified by us and their services are performed independent from us. You agree that we shall not be responsible for damages or loss of any kind in any ‘Expert Partner’s’ services purchased though us.

d.Agrees that the User shall be entirely responsible for all activities that the user shall undertake post making the booking with the service provider/vendor and the user shall undertake sole responsibility towards any activities including but not limited to vehicle accidents, smuggling, trafficking, any illegal or prohibited activities. Further, the user shall waive all its rights to undertake any action against us towards any breach of personally identifiable information.

e.You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

f.The User represents and warrants that the User shall undertake to exclude any liability and hold the Firm harmless for any legal action that may arise for the Firm due to the user’s activities which may involve any type of illegal activities in which the user undertakes to use the services of the vendor under the influence of drugs, alcohol, or for smuggling, trafficking etc which may or may not involve prohibited substances and commodities or if there arises any legal action against the Firm under the provisions of the Indian penal code.

g.  The User further represents and warrants that the negotiations and the discussions between the user and the vendor shall be at their sole discretion and the Firm in no manner shall be made a party to such discussions that may involve the vendor’s services to the user. Such discussions and negotiations may include but not limited to the payment and payment terms.

h.The User represents and warrants that We are not responsible for the operation of vendors, nor the content uploaded by them.

i.The User represents and warrants that the Firm shall have a limited liability to provide the user with a basic acknowledgement on the condition of the vehicle that may be provided by the vendor. However, the Vendor shall be solely responsible for all the quality and the condition of the vehicle provided by the Vendor to the user and the user shall in no manner bring out any suit or thereby any legal action against the Firm.

j.  User represents and warrants that the Firm may offer other additional accidental insurance packages from any third parties, which will benefit the user. However, the Firm does not guarantee the user the same at any time.

k.  Authorize the Application to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.

l.Understand and agree that, to the fullest extent permissible by law, the Application or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Application or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

m.  Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with the prior express written permission. 

n.Agree that promotions and giveaways are governed by a different set of rules. 

o.Agree that We are only responsible for the advance payments made to Us and not the offline payments made to the Vendors. 

p.Agree not to access (o