TERMS AND CONDITIONS

Last Updated: 29th April, 2022

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

The Terms constitute a binding and enforceable legal contract between SZ Day Professionals Private Limited (a company incorporated under the Companies Act, 2013 with its registered address at R-5, PNR House Green Park Market, New Delhi 110016, and its principal place of business at Bizness Square Hitex, Hyderabad, and its affiliates (“DP,” “we,” “us,” or “our”), and you, a user of the Services, or any legal entity that books Pro Services (defined below) on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
 

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

1. SERVICES

(a) The Services include the provision of the Platform that enables you to arrange and schedule different home-based services with independent third-party service providers of those services (“Service Professionals”). As a part of the Services, DP facilitates the transfer of payments to Service Professionals for the services they render to you and collects payments on behalf of such Service Professionals.

(b) The services rendered by Service Professionals are referred to as “Pro Services”. The term “Services” does not include the Pro Services. DP does not provide the Pro Services and is not responsible for their provision. Service Professionals are solely liable and responsible for the Pro Services that they offer or otherwise provide through the Platform. DP and its affiliates do not employ Service Professionals, nor are Service Professionals agents, contractors, or partners of DP or its affiliates. Service Professionals do not have the ability to bind or represent DP.

(c) The Platform is for your personal and non-commercial use only, unless otherwise agreed upon in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India. You agree that in the event you avail the Services or Pro Services from a legal jurisdiction other than the territory of India, you will be deemed to have accepted the DP terms and conditions applicable to that jurisdiction.

(d) The Services are made available under various brands owned by or otherwise licensed to DP and its affiliates.

(e) A key part of the Services is DP’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilization of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting DP at info@dayprofessionals.com or through the in-Platform settings, you agree and acknowledge that this may impact DP’s ability to provide the Services (or a part of the Services) to you.

(f) In certain instances, you may be required to furnish identification proof to avail the Services or the Pro Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Pro Services.

(g) DP Credits:

(i) DP may, in its sole discretion, offer promotional codes that may be redeemed for credits, other features, or benefits related to the Services, and/or Pro Services, subject to any additional terms that may apply to a promotional code (“DP Credits”).

(ii) You agree that (i) you shall use DP Credits in a lawful manner, and only for the purposes specified by such DP Credits, (ii) you shall not duplicate, sell, or transfer the DP Credits in any manner (including by posting such codes on a public forum) unless you have DP’s express prior consent to do so, (iii) DP Credits may be disabled by DP at any time for any reason without any liability to you, (iv) DP Credits are not valid for cash, and (v) DP Credits may expire prior to your use.

(iii) DP may, at its sole discretion, provide only certain users with DP Credits that may result in different amounts charged for the same or similar services obtained by other users.

(iv) DP reserves the right to withhold or deduct credits or other features or benefits obtained through the use of DP Credits, by you or any other user, if DP reasonably determines or believes that the use or redemption of the DP Credits was in error, fraudulent, illegal, or in violation of the applicable DP Credit terms or these Terms.

2. ACCOUNT CREATION

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

(b) You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.

(c) You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorized use of your Account or any other breach of security with respect to your Account.

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

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

3. USER CONTENT

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

(b) As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Professionals, and you agree and acknowledge that Service Professionals may provide reviews 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.

(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to (i) use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.

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

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

4. CONSENT TO USE DATA

(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://admin.dayprofessionals.com/page/privacy-policy and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.

(b) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third-party service providers. We may use information and data pertaining to your use of the Services for the 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.

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

5. BOOKINGS

(a) Orders: The Platform permits you to request various Pro Services at a time of your choosing based on available slots. 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 Service Professional who is able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Professional for the specific time slot, we will contact you to find an alternative time.

(b) Confirmation: Once you place a request, we will provide 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 Pro Services, you shall receive confirmation in App or via SMS, email, or a push notification.

(c) Cancellations: Bookings that are canceled before confirmation on the Platform will not be charged. DP’s cancellation policy sets out applicable cancellation fees.

(d) Substitution: In case of the unavailability of, or cancellation by a selected Service Professional, we will offer you a substitute of the Service Professional from among our registered Service Professionals.

6. PRICING, FEES, AND PAYMENT TERMS

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

(b) Charges and Fees in respect of Pro Services:

(i) In respect of Pro 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 Pro 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 utilized for the performance of the Pro Service (“Charges”). In addition to the Charges payable to Service Professionals, DP 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.

(ii) DP shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for Pro Services through credit cards, debit cards, net banking, wallets, UPI, or cash upon completion of the Pro 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.

(iii) The Charges and Fees may be payable at the time of making a booking or upon the completion of the Pro Service, as specified by DP.

(iv) For the avoidance of doubt, please note that the Charges are payable to Service Professionals, and DP acts as a limited collection agent on behalf of such Service Professionals to collect and transfer amounts due to them.

(v) Taxes: All Charges and Fees are inclusive of applicable taxes.

(vi) DP 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.

(vii) Charges and Fees that you pay are final and non-refundable unless otherwise determined by DP 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.

(viii) You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. DP will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Pro Services or Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.

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

(d) Cancellation: You may elect to cancel your request for services from a Service Professional at any time before such Service Professional’s arrival, in which case you may be charged a cancellation fee in accordance with DP’s cancellation policy. DP reserves the right to charge you or otherwise deduct applicable taxes in respect of such cancellation fee.

(e) Subscriptions: DP may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide Customers with additional benefits, which may include the ability to avail discounted Pro Services. You agree that subscription packages (howsoever named) shall be subject to additional terms and conditions. You acknowledge that such subscription packages will be subject to additional terms and conditions that will be