TERMS OF USE
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.kloverbuy.com website and kloverbuy application for mobile and handheld devices.
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and homekrate private Limited, a company incorporated under the Companies Act 2013, having its registered office at #31, kudlu revenue layout, Bangalore, 560068, Karnataka, India, that governs your use of the services offered by homekrate through its website www.kloverbuy.com(the "Website") and kloverbuy mobile applications and hand held devices (the “app”). The Website and the App are jointly referred to as the “Platform”. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall perform a transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms “homekrate",“kloverbuy.com" "we", "us" or "our" shall mean homekrate Private Limited.
TERMS OF USE
Please read these Terms of Use (“ToU” or “Terms of Use”) carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with kloverbuy.com and you agree to be bound by these Terms of Use, all applicable laws and regulations and other kloverbuy.com policies (including but not limited to the Cancellation & Refund Policy, cookie usage, vendor policy, coupon policy, advertising policy, copyright and Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. If you do not agree to these terms, you should not use our website.
User Eligibility: Our website is only intended for users who are at least 18 years old. By using our website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms of Use.
SERVICES
Kloverbuy.com enables transactions on its Platform between participating vendors/sellers/ service professionals/ contractors/ distributors/ merchants and buyers, dealing in (a) selling of products/goods (b) providing professional home-based services (c) other products and services ("Platform Services”). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various vendors/service professionals including but not limited to the hardware stores, contractors, builders, electrical stores, plumbing stores, arrange and schedule homebased services with independent third party service providers (“Merchant/s" or “Vendor/s” or “service professionals”), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
Kloverbuy.com enables delivery of such Orders or services or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. delivery partners (“delivery partners”) who will be responsible for providing the pick-up and delivery of goods/products and by connecting independent third party service providers (“service professionals”) and completing Tasks initiated by the users of the Platform (Buyers or Merchants or service professionals). The Platform Services and Delivery Services are collectively referred to as "Services". For Platform Services, home-based services, Delivery Services and other services kloverbuy.com is merely acting as an intermediary between the Merchants/service professionals and Buyers and/or delivery partner and Buyers/Merchants
Delivery partners and service professionals are individual entrepreneurs or firms engaged with kloverbuy.com on a voluntary, non- exclusive and principal to principal basis to provide aforementioned services for a service fee. Delivery partners and service professionals are independent contractors and are free to determine their timings of work. kloverbuy.com does not exercise control on the service professionals and delivery partners and the relationship between the service professionals and delivery partner and kloverbuy.com is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, delivery partner may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
For home based services and completing the task, service professionals charge the users, who places the order. The charges of the service professional depends on various factors including but not limited to demand, reviews, feedback, type of service or such other parameters. Service Professionals are solely liable and responsible for the Services that they offer or otherwise provide through the Platform. kloverbuy.com does not employ service professionals nor are service professionals agents, contractors or partners of kloverbuy.com or its affiliates. Service professionals do not have the ability yo bind or represent kloverbuy.com.
The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India.
kloverbuy.com send you text messages, electronic mails, or watsapp messages including in connection with your orders, bookings, utilisation of services, promotional and marketing strategies.
kloverbuy.com may ask you to provide a government approved identification proof to avail certain services and hereby agree to do so. A failure to comply with this request may result in your inability to use the services offered by kloverbuy.com.
Product Listings: We make every effort to ensure that the information provided on our website is accurate, but we do not guarantee the accuracy, completeness, or suitability of any information or product listings on our website. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.
Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Pricing: All prices listed on our website are in INR and are subject to change without notice. We reserve the right to correct any pricing errors or inaccuracies.
Shipping: We ship our products to customers through third party delivery partners within India only. We make every effort to ensure orders are shipped as quickly as possible, but we cannot guarantee shipping times or delivery dates.
Returns: We accept returns for defective or damaged products only. If you receive a defective or damaged product, please contact us within 48 hours of receipt to request a return or exchange.
Privacy: Our Privacy Policy explains how we collect, use, and protect your personal information. By using our website, you agree to our Privacy Policy.
Intellectual Property: All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of our website or its content suppliers and is protected by copyright laws. You may not use our content without our express written permission.
AMENDMENTS
These terms of use are subject to modifications. We reserve the right to modify or change these terms of use and other kloverbuy.com policies at any time by posting the modified documents on the platform and notifying you of the same for your perusal. You shall be liable to update yourself of such charges, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the terms of use and other kloverybuy.com policies and note the changes made on the platform. Your continued usage of the platform after any such modification constitutes your acceptance of the amended terms of use and other kloverbuy.com policies. Was long as you comply with these terms of use, kloverbuy.com grants you a personal, non-exclusive, non-transferable, limited privileged to access, enter and use the platform. By accepting these Terms of Use, you also accept and agree to be bound by the terms and use and kloverbuy.com policies (including but not limited to Cancellation & Refund Policy, coupon policy, vendor policy, copyright, advertising policy, cookie usage and Privacy Policy) as may be posted on the Platform from time to time.
USAGE OF PLATFORM AND SERVICES
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants and buyers and service professionals alone with respect to products and services being offered by the Merchants and service professionals respectively. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. kloverbuy.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Kloverbuy.com may, however, offer support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by kloverbuy.com with the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and kloverbuy.com has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the Delivery partners, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her/it, shall constitute a separate contract for services between Merchants/Buyers and Delivery partners. Kloverbuy.com shall not be responsible for the services provided by Delivery partner to Merchants/Buyers through the Platform. Kloverbuy.com may, however, offer support services to Delivery partners in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Kloverbuy.com with the Delivery partners.
Kloverbuy.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. Kloverbuy.com takes no responsibility for such offers.
Kloverbuy.com neither make any representation or warranty as to specifics (such as quality, value, scalability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Kloverbuy.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Kloverbuy.com does not make any representation or warranty with respect to any aspect of the services being provided by the Delivery partners through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.
Kloverbuy.com does not make any representation or warranty with respect to any aspect of the services being provided by the service professionals through the Platform including but not limited to repair and renovation and Task completion services to the Merchants or Buyers as the case may be.
Kloverbuy.com is not responsible for any non-performance or breach of any contract entered into between Buyer and service professionals, between Buyers and Merchants, and between Merchants/Buyers and Delivery partner on the Platform. Kloverbuy.com cannot and does not guarantee that the concerned Buyers, service profesional/s, Merchants and Delivery partners will perform any transaction concluded on the Platform. Kloverbuy.com is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products or service which are unavailable or back ordered.
Kloverbuy.com is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and service professional, Buyer and Merchant and/or Buyer and Delivery partner on the Platform come into or take possession of any of the products or services offered by service professional or Merchant or Delivery partner. At no time shall Kloverbuy.com hold any right, title or interest over the products or services nor shall Kloverbuy.com have any obligations or liabilities in respect of such contract entered into between Buyer and service professional, Buyer and Merchant and/or Buyer and Delivery partner.
Kloverbuy.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Buyer and the service professional, Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Kloverbuy.com shall notify the same to Merchant and service professional and shall also redirect the Buyer to the consumer call center of the Merchant or service professional. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Similar to the above, Kloverbuy.com is only providing a platform for communication with Delivery partner and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Merchants/Buyers with the Delivery partner through the Platform. In case of complaints by the Merchants/ Buyers for deficiency or lapse in the delivery services or Task completion services provided by Delivery partner, Kloverbuy.com shall notify the same to the Delivery partner and also assist Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
REWARD PROGRAM
kloverbuy.com may, in its sole discretion, offer promotional codes that may be redeemed for credits, other features, benefits related to services, subject to any additional terms that may apply on the promotional code.
You agree that (a) you shall use the rewards in a lawful manner, and only for the purposes of purchase of goods and services on kloverbuy.com (b) you shall not duplicate, sell, or transfer the reward points in any manner (including by posting such codes on a public forum) (c) reward points may be disabled by kloverbuy.com at any time for any reason without any liability to you, (d) reward points are not valid for cash, and (e) reward points may expire prior to your use (f) kloverbuy.com may place limits on the number of reward points that can be used on a purchase.
earning rewards points
redeeming rewards points
expiration of rewards points
returns and exchanges
modifications to the rewards points policy
The reward points earned on kloverbuy.com are only valid to be used on this platform. kloverbuy.com may, at its sole discretion, provide only certain users with regard points that may result in different amounts charged for the same or similar services obtained by other users.
Kloverbuy.com reserves the right to withhold or deduct points or other features or benefits obtained through the use of reward points, by you or any other user, if kloverbuy.com reasonably determines or believes that the use or redemption of the reward points was in error, fraudulent, illegal, or in violation of the applicable rewards program, coupon policy or these Terms.
In no event shall kloverbuy.com be liable or responsible for any misuse or losses incurred or for points not credited or for points that cannot be redeemed or for termination or modifications or for any legal issues due to the rewards program. By accessing the platform you agree that reward points are provided only as an incentive and not in exchange for currency and therefore, you shall not hold kloverbuy.com and its affiliates responsible for any issues regarding the reward points program.
If you have any questions, please contact our customer care (contact@kloverbuy.com).
USE OF WEBSITE AND APPS (ANDROID AND iOS)
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'homekrate', or ‘kloverbuy’ or ‘klover’ otherwise engage in any conduct or action that might tarnish the image or reputation, of kloverbuy.com or service professional or Merchant on platform or otherwise tarnish or dilute any kloverbuy’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or kloverbuy’s systems or networks, or any systems or networks connected to kloverbuy.com
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of kloverbuy.com and/or others.
You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax, GST, income tax, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royaltyfree, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
You represent and warrant that all information that you provide in relation to the 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. 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.
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.
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
You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations approach of, a Service Professional / stores from whom you have availed products/services, to either terminate or otherwise cease their registration on engagement with the Platform. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Professionals and that this will not preclude you from obtaining services through the Platform or other means. You further agree that any potential harm to Service Professionals from the non-enforcement of this clause far outweighs any potential harm to you.
Kloverbuy.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/ s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
CUSTOMER CONDUCT
kloverbuy.com prohibits discrimination against service professionals/vendors/delivery partners, including on the basis of caste, religion, disability, race, nationality origin, disability, gender, identity, age, marital status or any other characteristic that may be prohibited under the law. Such discrimination includes but is not limited to refusal to accept services based on any of these characters.
We request and expect that you treat all Service professionals/vendors/delivery partners with courtesy and respect, and that you provide service professionals with a safe, clean, and appropriate location to perform the Services. Service Professionals/vendors/delivery partners shall be entitled to refuse to perform Services if 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 our Services at our absolute discretion if you behave towards any of our partners in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
You agree that you will be liable for discriminating against Service professionals/vendors/ delivery partners or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for the service professionals/vendors/ delivery partners to perform their duties. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Services or impact the Services Professional's health, safety, or well-being, to the Service Professional.
You agree that in the event a Service Professional 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 us through the customer care (contact@kloverbuy.com) at the earliest but in any event within 48 (forty eight) hours of such incident. Alternatively, ratings and feedback carry a huge weightage for service professionals/vendors/delivery partners to continue as out partners. Therefore, you may also show your dissatisfaction through the rating process.
ACCOUNT REGISTRATION
To avail the Services offered by kloverbuy.com, you will be required to create an account (“Account) and become a member (“membership”) on the Platform. For this Account, you may be required to furnish certain detalls, including but not limited to your phone number. To create an Account. You must be at least 18 vears of age.
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.
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.
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.
You agree to receive communications from us regarding (a) requests for payments, (b) information about us and the Services, (c) promotional offers and services from us and our third party partners, and (d) any other matter in relation to the Services.
The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Kloverbuy.com Account with Third Party Accounts, by either:
USER CONTENT
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, rating, suggestions, feedback, or other content on or through the Platform ("User Content").
As part of the effective provision of the Services and quality control purposes, we may request reviews and rating from you about Service Professionals and you agree and acknowledge that Service Professionals May provide reviews and rating about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Professionals 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 your registration and remove you from our Platform.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (a) 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 (b) 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.
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.
You agree and acknowledge that kloverbuy.com may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
CONSENT TO DATABy visiting the kloverbuy.com platform, providing your information (including sensitive personal information) or availing our platform/products/Services you expressly agree that we may, in accordance with our privacy policy, collect and use your personal data. The privacy policy explains the categories of personal data we collect, how is data collected and the manner in which the data is processed.
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 party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
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.
You may, of course, decline to submit Personally Identifiable Information in which case we may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Use, please delete your account and uninstall the mobile application; your continued usage of the kloverbuy.com Service will signify your assent to and acceptance of our Privacy Policy and Terms of Use. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to our Services.
TERMS OF SERVICEThe Buyer agrees and acknowledges that kloverbuy.com shall not be responsible for:
The details of the products and price list available on the Platform with respect to services, goods or any other services provided by a Merchant/ service professional are based on the information provided by the Merchants/service professional and kloverbuy.com shall not be responsible for any change or cancellation or unavailability.
Buyers and Merchants/service professional agree and acknowledge that kloverbuy.com is not responsible for any liability arising out of delivery services provided by delivery partner to them.
Buyers may not be able to avail certain Services including but not limited to fast delivery, home based professional service if their delivery location is outside kloverbuy.com's scope of Service. Kloverbuy.com will keep the Buyer informed of the same at the time of confirming his/her Order booking.
Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from delivery partners and Merchants. Kloverbuy.com will not be responsible for any delay in the delivery of an Order.
Buyer understands that there are certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. kloverbuy.com exercises no control on such delivery services and same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. kloverbuy.com shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.
Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the delivery partner and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the delivery partner or sole discretion of kloverbuy.com.
The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
The Buyer understands that kloverbuy.com (including Merchant’s and delivery partner’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists.
SERVICES PROVIDEDYou agree and acknowledge that kloverbuy.com shall not be liable for any damages, losses or claims to You or any third party in the event you have failed to adhere to the Terms of Use.
Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
Kloverbuy.com does not offer any refunds against goods or services already purchased from a Merchant or service professional or delivery partner through the Platform unless an error that is directly attributable to kloverbuy.com has occurred during the purchase of such product or services.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants, service professional and delivery partner.
BOOKINGSThe Platform allows the Buyers to place Orders for products and book for services and upon acceptance of such Orders by the Merchants or service providers, Kloverbuy.com will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through delivery partners or service professionals.
To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a product or a Service Professional who is able to provide that service at the requested time.
Once you place a request we will provide a confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service Professional has been identified for the requested Services, you shall receive confirmation in App or via SMS, email or a push notification. The same can be found under the orders section.
You will be given time to rethink about your booking/order during which you are free to cancel the order and no charges will be applied. Cancellations after a vendor or service professional receives and accepts/confirms the order cancellation charges will be applied.
Kloverbuy.com does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/delivery partners/service professionals.
Upon Buyer’s successful completion of booking or placing an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Kloverbuy.com reserves the right to not to process Buyer's Order in the event Buyer or Merchant or delivery partner is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery (subject to availability of devices/facilities). You understand, accept and agree that the payment facility provided by Kloverbuy.com is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Kloverbuy.com is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that Kloverbuy.com acts as the service professionals, Merchant's and delivery partners payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant/service professional or delivery partner, as the case may be. Upon your payment of amounts to us, which are due to the service professional/Merchant or delivery partner, your payment obligation to the professional/Merchant or delivery partner, for such amounts is completed, and we are responsible for remitting such amounts to the professional/Merchant or delivery partner. Additionally, kloverbuy.com also allows for store pick up of products and permits cash on delivery under certain conditions; under any such circumstances, the buyer can make payment directly to the Merchant/service professional for Order bookings or to the delivery partner for delivery of the Order or completion of the Task made using the Platform.
Buyer agrees to pay for the total amount for the Order placed on the Platform. Kloverbuy.com will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or service for the particular Merchant/service professional, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
The final tax bill will be issued by the Merchant/service professional and delivery partner (if registered for tax purposes) to the Buyer along with the Order and Kloverbuy.com is merely collecting the payment on behalf of such Merchant/service professional and delivery partner. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant / service provider and delivery partner. Kloverbuy.com holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant and the delivery partner.
The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant/service professional and are listed based on Merchant’s/service professional’s information.
The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Kloverbuy.com.
The transactions are bilateral between the service professional and buyer, between the Merchant and Buyer, and between Merchant/Buyer and delivery partner, therefore, Kloverbuy.com is not liable to charge or deposit any taxes applicable on such transactions.
REVIEWS, RATINGS AND COMMENTSYou are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by kloverbuy.com and any materials you add to the Site or add to any mediums offered by kloverbuy.com, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). kloverbuy.com does not endorse or accept any of your Communication as representative of their ( kloverbuy.com) views. By transmitting any public Communication to the Site, you grant kloverbuy.com an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to kloverbuy.com. You hereby waive and grant to kloverbuy.com all rights including intellectual property rights and also "moral rights" in your Communications, posted at kloverbuy.com through any of mediums of kloverbuy.com. kloverbuy.com is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by anyone having access to your account. Also kloverbuy.com reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
kloverbuy.com has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. kloverbuy.com cannot review all Communications made on and through any of the mediums of kloverbuy.com. However, kloverbuy.com reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which kloverbuy.com in its sole discretion deems inappropriate, offensive or contrary to any kloverbuy.com policy, or that violates this terms:
kloverbuy.com reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then kloverbuy.com reserves right to take appropriate legal action against you. Further, you shall indemnify and protect kloverbuy.com against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments k kloverbuy.com takes no responsibility and assumes no liability for any content posted by you or any third party on kloverbuy.com site or on any mediums of kloverbuy.com.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of kloverbuy.com.
FEES AND PAYMENTSKloverbuy.com 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.
Charges and Fees:
In respect of home based Services that you seek to avail through the Platform, you shall be required to pay Service Professionals the amount indicated at the time of booking as well as amounts towards (a) any additional Services you may avail, (b) out of pocket expenses incurred by the Service Professional, and (c) expenses arising out of the purchase of goods required or utilised for the performance of the Service (“Charges").
With respect to product purchase that you purchase through the platform, you shall be required to pay delivery fees to the delivery partner along with the product cost at the time of booking. The delivery partner charges vary depending on factor,s but not limited to, demand, availability, type of vehicle (for example: bike, auto, mini truck, large truck), weather, distance, number of nodes (pickup/drop points), weight and size of products in the order etc.,
In addition to the Charges payable at the time of booking (for example: service professionals, delivery partner, products) kloverbuy.com reserves the right to charge you a convenience fee for facilitating the booking and transferring payments to the Service Professional (this fee is referred to as "Fees"). You acknowledge that the final bill you receive may include additional charges, including without limitation, a safety fee, warranty fee, insurance fee, or Service Professional welfare fee.
Kloverbuy.com shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for home based Services through credit cards, debit cards, net banking, wallets, UPI or cash upon completion of the Service. We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method. For the avoidance of doubt, in the event you pay through the method of 'cash upon completion' you acknowledge that you will be required to pay both Charges and Fees to the Service Professional.
By providing a credit card/debit card/netbanking/UPI or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your purchase.
The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Service, as specified by kloverbuy.com. For the avoidance of doubt, please note that the Charges are payable to Service Professionals, and kloverbuy.com acts as a limited collection agent on behalf of such Service Professionals to collect and transfer amounts due to them. All Charges and Fees are inclusive of applicable taxes.
Kloverbuy.com reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.
Charges and Fees that you pay are final and non-refundable, unless otherwise determined by kloverbuy.com or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services
You acknowledge and agree that Charges and Fees applicable in certain geographical areas may change substantially during times of high demand. kloverbuy.com will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.
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.
You may elect to cancel your request for services from a Service Professional 2 hours prior to such Service Professional's arrival, in which case you may be charged a cancellation fee in accordance with kloverbuy.com's cancellation policy. kloverbuy.com reserves the right to charge you, or otherwise deduct applicable taxes in respect of such cancellation fee.
kloverbuy.com does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by kloverbuy.com to the effect that tipping is "voluntary", "not required", and/or "included" in the payments you make for Services is not intended to suggest that kloverbuy.com provides any additional payments to Service Professionals. You understand and agree that while you are free to provide additional payment as a gratuity to any Service Professional who provides you with Services, you are under no obligation to do so. Gratuities are voluntary.
THIRD PARTYThe platform may contain services, content, documents, information and links owned by, licensed to, or otherwise made available by, a third party. 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 service is solely at your own risk. We make no representations and exclude all liabilities and warranties arising out of or pertaining to such third party services, including but not limited to their accuracy or completeness or authenticity or other factors affecting the content/information. Should you avail a third party service you shall be governed and bound by the terms, conditions and policies of the third parties providing the third party services. Further all intellectual property rights in and to the third party services are the property of the respective third party services. Kloverbuy.com shall not be responsible or liable for and has no control over the policies, practices and content of any services/information/content provided accessed using the links contained on this Platform. We strongly recommend that you read their privacy policies and terms and conditions to understand their practices. We are not responsible for the privacy practices or the content on the websites of third party sites.This Policy shall not apply to any information/content you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.
The Platform ervices may contain hypertext links to websites and applications operated by parties (including the onboarded vendors/distributors/suppliers/contractors/service professionals) other than Kloverbuy.com. Such hypertext links are provided for User's reference only, and Kloverbuy.com does not control such websites and is not responsible for their content. Kloverbuy.com's inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Kloverbuy.com assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
The platform is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and kloverbuy.com only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
CANCELLATION AND REFUNDSWe do not endorse any Merchant or service professional. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
LIABILITY LIMITATIONSExcept as expressly specified herein, in no event shall kloverbuy.com be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this ToU (including any changes thereto), (2) any use of the kloverbuy.com platform, home based services, the kloverbuy.com content, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the services), or (4) your visit to any store or the performance, nonperformance, conduct, or policies of any store or merchant or service professional in connection with the services. in addition, you specifically understand and agree that any third party directing you to the kloverbuy.com site by referral, link, or any other means is not liable to user for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the services or the kloverbuy.com content. kloverbuy.com is neither an agent of nor otherwise associated with any restaurant for which a user has made a reservation, claimed an offer or promotion, or paid a bill using the payment services.
if the disclaimer of direct damages above is not enforceable at law, except as otherwise expressly set forth in the kloverbuy.com policies, you expressly agree that our liability to you (for any cause whatsoever and regardless of the form of the action) will not exceed the last fee you paid. these exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your kloverbuy.com services.
Our website and its content are provided on an "as is" basis without any warranties of any kind. We do not guarantee that our website will be error-free or uninterrupted. In no event shall we be liable for any direct, indirect, punitive, incidental, or consequential damages arising out of or in connection with the use or inability to use our website.
These ToU are co-extensive and concurrent with other Kloverbuy.com Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore shall also be applicable to the Kloverbuy.com Services and the same need not be expressly repeated herein.
You and Kloverbuy.com understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this ToU and that they represent a reasonable allocation of risk. In particular, you understand that Kloverbuy.com would be unable to make the Services available to you except on these terms and agree that this ToU will survive and apply even if any limited remedy specified in this ToU is found to have failed of its essential purpose.
In addition to other limitations and exclusions in our conditions of use and sale, in no event will we or our directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to kloverbuy.com our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership fee you paid. these exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your membership.
GENERAL TERMSPersons/people who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, unsound mind, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and other kloverbuy.com policies, you shall immediately discontinue its use. Kloverbuy.com reserves the right to terminate your Membership and / or deny access to the platform if it is brought to our notice that you are under the age of 18 years.
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and kloverbuy.com policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to kloverbuy.com to receive promotional SMS and e-mails from kloverbuy.com or allied partners. In case you wish to opt out of receiving promotional SMS or email please contact our customer care (contact@kloverbuy.com).
By using the Platform you represent and warrant that:
We endeavour to make the Services available during Merchant or delivery partner working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
No third party shall have any rights to enforce any terms contained herein.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
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.
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.
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 vou.
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.
You release and fully indemnify kloverbuy.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, kloverbuy.com cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
TERMINATIONThese Terms shall remain in effect unless terminated in accordance with the terms hereunder:
The platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the changes/updates that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. as a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the platform. we may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. you hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchant’s/ delivery party services /contractors / service professionals.
kloverbuy.com disclaims and all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the merchant or service professional or delivery partner.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. further, we do not, in any way, endorse any service offered or described herein. in no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information. While we strive to provide accurate information about our Services and Charges, pricing errors may occur from time to time.
The information and 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 information and services will meet your requirements or expectations. we and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, Effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
In no event shall kloverbuy.com, 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 kloverbuy.com or an authorised representative had been advised of the possibility of such damages, arising out ot, or relating to (a) these Terms, (b) the Services , (c) your use or inability to use the Services, or (D) any other interactions with another user of the Services
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.
we shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
You understand that use of the services is at your own risk and kloverbuy.com cannot guarantee that the services will be uninterrupted or error-free. The services, all kloverbuy.com content, and any other information, products, and materials contained in or accessed through the platform, are provided to user on an as is basis and without warranty of any kind. kloverbuy.com expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose , title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage.
You agree and acknowledge that we are merely a Platform that connects you with Service Professionals, vendors and contractors and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. kloverbuy.com does not warrant that your use of the platform and its services will be uninterrupted or error-free, that kloverbuy.com will review the information or materials made available through the platform for accuracy or that it will preserve or maintain any such information or materials without loss. We are not liable or responsible for fulfilment of any bookings, for the Services by any Service Professional or contractor or delivery partner, or for any acts or omissions of the Service Professionals or contractor or delivery partner during their provision of the Services including any damage they may cause to property. By booking through the Platform, you are entering into a contract with the relevant Service Provider 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 their performance under that contract.
You agree and acknowledge that soliciting or receiving services or products from any Service Professional or contractor or vendor independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service Professionals/ contractors/ vendors or products
kloverbuy.com shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of kloverbuy.com.
The disclaimers apply to the maximum extent permitted by law. you may have other statutory rights. however, the duration of statutorily required warranties, if any, shall be limited 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
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 10.000 (Rupees Ten Thousand).
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
You hereby accept full responsibility for any consequences that may arise from your use of the Services offered by the platform and the Service Professionals/ contractors/ vendors, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
INDEMINITYYou shall indemnify, defend at our option and hold harmless kloverbuy.com its owner, its parent companies, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, representatives and employees from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys' fees) or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your access to the platform services or your, including but not limited to third party who may access your account, breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
INTELLECTUAL PROPERTYAll rights, titles, and interest in, and to the platform services, including all intellectual property rights arising out of the platform services, are owned by or otherwise licensed to us or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof. 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 kloverbuy.com or our licensors.
You recognize that kloverbuy.com is the registered owner of the word mark ‘kloverbuy’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or kloverbuy or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same to us with all relevant information.
We may request you to submit suggestions and other feedback, including bug reports, relating to the services from time to time. 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.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors. 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.
This terms of use and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by kloverbuy.com.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
SEVER ABILITYIf any of the provisions, or portions thereof, of these terms of use should be determined to illegal, invalid, unlawful or others unenforceable under any applicable statute or rule of laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction where that provisions (or portions thereof) of the terms that are illegal, invalid, unlawful or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and 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).
and continue to be binding and enforceable
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
JURISDICTIONThese Terms shall be governed by and construed and enforced in accordance with the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts in Bengaluru, India, which shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Bengaluru, Karnataka, India 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 appointed by kloverbuy.com. 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.
CONTACT USIf you have any questions about these Terms of Use, please contact our customer care (contact@kloverbuy.com).
India
English
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