These ToU are an electronic record in terms of Information Technology Act, 2000 (“IT Act 2000), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes, as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Modadome Online Private Ltd., (“Hofeto”) primarily operates, controls and manages this Website and the services (as defined below) provided by it from its corporate offices at - 42 High Street, #775, 2nd Floor,100ft Road, HAL 2nd Stage, Indiranagar,Bengaluru 560008.
For the purposes of clarity, the term “Company/Us/Our/We/Hofeto” shall include Modadame Online Private Limited & its Holding Company, subsidiary, successors-in-interest, executors, permitted assigns, affiliates, associates & group Companies.
We may revise this ToU from time to time, so please keep visiting this page on Our Website regularly to keep Yourself updated. Your continued usage of the Website after any changes to these ToU will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice, at the sole discretion of Hofeto. If at any point of time, You do not agree with the updated ToU or wish to terminate this agreement, You must immediately stop using the Platform and write to hello@Hofeto.com and this ToU shall be terminated for You, subject to the terms contained herein.
You expressly understand and agree that Your accessing or use of Our Website is at Your sole risk. Our Website is provided on an “as is” and “as available” basis. Except as herein otherwise provided, We and Our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement.
We, Our associates and service partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Our Website or that the operation of Our Website will be error free and/or uninterrupted. Consequently, We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Our Website; and/or any interruption or errors in the operation of Our Website.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS :
The following terms shall have the meaning as ascribed to them below :
“Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Hofeto, whether registered or unregistered and all renewals and extensions.
All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-visuals, literary works, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials (“Materials”) are the property of Hofeto and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. Hofeto retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials etc.,) in any manner whatsoever.
1.4) You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
ELIGIBILITY & USE :
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Hofeto to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Hofeto in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account or Google account and log-in credentials (your "Third-Party Site Password").
Hofeto is an online platform to get estimates for home renovation and setup projects and get them done by highly recommended professionals.
Hofeto does not sponsor, endorse, recommend or approve of any professional who offers products or services through the Services. While We try to confirm that Service Professionals meet certain requirements, we cannot and do not represent or warrant that any Service Professional is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Us. Any estimate provided in connection with the services is only a guide, it is not a guarantee of the actual cost of your specific project.
Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to Hofeto’s sole discretion. Hofeto may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time-to-time). You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
USER MATERIAL :
The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view, etc. (“User Material“). The User Material does not reflect the views of Hofeto. In no event shall Hofeto be held responsible for any User Material, neither does Hofeto endorse or recommend any User Material, nor shall Hofeto be liable for any loss or damages resulting from publishing of the User Material on the Website.
By submitting a User Material, You grant Hofeto a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from Hofeto.
Hofeto will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that Hofeto may its sole discretion determine, at any time. Although Hofeto may endeavour to periodically monitor the User Material posted on the Website, Hofeto will not be responsible for the same.
In the event Hofeto hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of Hofeto.
By posting User Material on the Website, You undertake, represent and warrant to Hofeto that: (a) the User Material is original;(b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.
You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
- violates any applicable national or international laws, regulations, rules and/or guidelines;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, national interest, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country;
- is offensive or has menacing character;
- causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
- causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
You further undertake that You shall not use the Website to:
- violate the privacy right or personal right or confidential information of any person;
- commit an act which could be construed as an act of cyber terrorism;
- collect, store and/or identify private/personal information of any user or person;
- facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
- stalk or otherwise harass another person or user;
- upload, post or e-mail any content that You do not have a right to transmit under any law or under contract;
- upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
- upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;
- interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including Hofeto’s servers, networks or accounts;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
- cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website;
- delete or revise any information provided by or pertaining to any other user of the Website;
- promote and/or generate revenue for Yourself and/or any third-party business activity;
- carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations;
- post unauthorized commercial communications and including advertisements; and/or
- manipulate or morph or alter or exploit any other User’s User Material.
If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that Hofeto shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.
You further agree that Hofeto shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.
HOFETO’S RIGHT TO REMOVE :
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Hofeto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hofeto with respect thereto, and agree to indemnify and hold Hofeto, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Hofeto may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
COPYRIGHT INFRINGEMENT & TAKE DOWN PROCEDURE :
Hofeto has high regard for intellectual property and expects the same level of standard to be employed by its users. Hofeto may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
Hofeto does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.
If You believe that the Website contains any data, information, content or material that could be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder, You may notify Hofeto of the same by sending an email notification at ________(eg: grievanceofficer@Hofeto.com ). By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
Hofeto shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website.
Hofeto further reserves the right (without the obligation of doing so) to take-down any data, information, content or material, without notice to User and without any liability either to Hofeto or its directors, key managerial personnel, officers, employees, that Hofeto, in its sole discretion, determines to be in violation of Clause 3.6 and/or in violation of Clause3.7 above and/or in violation of any applicable provision of the Act or rules thereunder.
MODIFICATIONS TO OR TERMINATION OF WEBSITE :
MODIFICATION OR CESSATION OF WEBSITE :
Hofeto reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Hofeto shall not be liable to you or to any third party for any modification, suspension or discontinuance of Hofeto services.
TERMINATION BY HOFETO :
EFFECT OF TERMINATION :
Unless Hofeto has previously cancelled or terminated your use of the Website (in which case subsequent notice by Hofeto shall not be required), if you provided a valid email address during registration, Hofeto will notify you via email of any such termination or cancellation, which shall be effective immediately upon Hofeto's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Hofeto Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Hofeto shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Hofeto retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Hofeto hereunder shall remain in effect for the foregoing purpose. In no event is Hofeto obligated to return any User Material to you. The rest of the Clauses hereunder shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold Hofeto, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
INDEMNITY & RELEASE :
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOFETO, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) CAUSED BY OR ARISING OUT OF CLAIMS BASED UPON YOUR ACTIONS OR INACTIONS, WHICH MAY RESULT IN ANY LOSS OR LIABILITY TO US OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO BREACH OF ANY WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS OR IN RELATION TO THE NON-FULFILMENT OF ANY OF YOUR OBLIGATIONS UNDER THIS TOU OR ARISING OUT OF YOUR VIOLATION OF ANY APPLICABLE LAWS, REGULATIONS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, PAYMENT OF STATUTORY DUES AND TAXES, CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY, LOSS OF SERVICE OR DISSATISFACTORY SERVICE BY SERVICE PROFESSIONALS OR OTHER SUBSCRIBERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. THIS CLAUSE SHALL SURVIVE THE EXPIRY OR TERMINATION OF THIS TOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE HOFETO (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
DISCLAIMER OF WARRANTIES :
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND HOFETO AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HOFETO DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HOFETO DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. HOFETO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY :
IN NO EVENT SHALL HOFETO, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOFETO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF HOFETO, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO HOFETO BY YOU HEREUNDER SUBJECT TO 10 % DEDUCTION TOWARDS PROCESSING CHARGES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT HOFETO SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HOFETO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
NEGOTIATIONS OF TERMS OF SERVICE :
Disputes Between Registered Users & Service Providers / Inter se:
NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE : As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Hofeto provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Hofeto makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Hofeto be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
HOFETO IS NOT A PARTY TO ANY SERVICE CONTRACT : Each Registered User / Service Professional hereby acknowledges and agrees that Hofeto is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User / Service Professional acknowledges, agrees and understands that Hofeto only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Hofeto itself has no role in the execution or provision of Services or assurance of payments thereof.
DISPUTES BETWEEN REGISTERED USERS: Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.
You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any User Material, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which You alone are responsible. You understand that Hofeto does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Hofeto may attempt to seek information about the background of a Service Professional, You understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by Hofeto is not exhaustive and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Hofeto only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE HOFETO only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Hofeto itself has no role in the execution or provision of Services ITSELF, Hofeto SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT HOFETO IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE HOFETO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Hofeto shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
REFUND POLICY :
All commissions payable to Hofeto by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
DISPUTE RESOLUTION :
GRIEVANCE REDRESSAL :
If you have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to the Grievance Officer at hello@Hofeto.com. The Grievance Officer will study the matter and take such action as deemed appropriate under the circumstances. You shall be provided with a Ticket Number for each complaint lodged by You through which you can track the status of the complaint. We shall ensure that the Grievance Officer acknowledges the receipt of Your complaint and addresses the same within 1 (one) month from the date of receipt of the complaint.
ENTIRE AGREEMENT :
This ToU constitutes the entire agreement between You and Hofeto and govern Your use of Our Website, superceding any prior understandings and agreements between You and Us and any previous statements or representations from either party to the other party. This ToU does not apply to any affiliate services, third party content or third party software that does not or cannot reasonably be deemed to form part of Our Website which may be provided to You by Our licensors, suppliers, vendors, parent holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third party content or third party software.
You agree that Your Account on Our Website is non-transferable and any rights to your Account ID or contents within Your Account terminate upon your death. Upon receipt of a death certificate, Your account may be terminated and all contents therein permanently deleted.
17. GOVERNING LAW AND JURISDICTION :
This ToU and the relationship between You and Us shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. The Courts of Bengaluru, India shall have exclusive jurisdiction in any proceedings arising out of this ToU.
PART A : RULES & FEES FOR REGISTERED USERS :
SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
- commit to purchasing or using a Service without paying;
- sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
- agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or
- misuse any options made available now or in the future by Hofeto in connection with the use or purchase of any Service.
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR REGISTERED USERS :
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Hofeto, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
FEES INCURRED BY REGISTERED USERS :
Joining Hofeto, opening an Account, viewing posted Services, and bidding on posted Services is free. Hofeto currently does not charge Service Users for transactions completed on the Website between Service Users and Services Professionals. However, Hofeto reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Hofeto has provided you with thirty (30) days' notice by posting the changes on the Website.
PART B : RULES & FEES FOR SERVICE PROFESSIONALS :
PROFILES AND OFFERS MUST NOT BE FRAUDULENT :
PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT HOFETO FEES :
In case we realize that any professional is involved in any of the above activities, Hofeto holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS :
CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION :
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS :
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Hofeto, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
FEES INCURRED BY SERVICE PROFESSIONALS :
Joining Hofeto, opening an Account, posting Services and viewing posted Services is free. Hofeto reserves the right at its sole discretion to charge fees to Service Professionals for other services that Hofeto may provide in the future.
Hofeto may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Professionals shall be required to make payments for as and when they want to make a purchase. Lead Fee once paid is non-refundable.
III. MISCELLANEOUS :
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