Terms and Conditions
These terms and conditions (“Terms”) govern the use of services made available on or through https://www.ayurmatrika.com(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://www.ayurmatrika.com/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.
AyurMatrika is the brand/subsidiary operated by Livblis Solutions LLP. The Terms constitute a binding and enforceable legal contract between Livblis Solutions LLP a company incorporated under the Companies Act, 2013 having its LLP No. ABC5363 with its official address at #34, 5th Cross, S.P. Extn, 11th Cross, Malleshwaram, Bangalore - 560003, and its affiliates (“AyurMatrika”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books “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 or any digital communication with you. If you do not agree to these Terms, or comply with the requirements listed here, you may not opt for the services.
1.SERVICES
a. The Services include the provision of the Platform that enables you to arrange and schedule on different home-based services with Professionals service providers (“Professionals”). As a part of the Services, AyurMatrika facilitates the transfer of payments to Professionals for the services render to you.
b. The services rendered by Professionals are referred to as “Services”. Professionals are solely liable and responsible for the Services that they offer or otherwise provide through the Platform.
c. 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. You agree that in the event of you availing the Services are from a legal jurisdiction not other than the territory of India. You will be deemed to have accepted the AyurMatrika`s terms and conditions applicable to that jurisdiction.
d. A key part of the Services is AyurMatrika’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 services@ayurmatrika.com or through the in-Platform settings. You agree and acknowledge that this may impact AyurMatrika’s ability to provide the Services (or a part of the Services) to you.
e. In certain instances, you may be required to furnish identification proof to avail the Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services.
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, but not limited to your phone number.
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 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 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)Details about the Professional, 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 Professionals and you agree and acknowledge that 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 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. We also hold the right to delete the comments which feels us to be in-appropriate.
c. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub licensable, and royalty-free licence 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 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.
e. You agree and acknowledge that AyurMatrika 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 [1] ____________________________________ it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.[2]
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 Professional 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.
c. User’s Use of the AyurMatrika Services is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the Website.
6. Bookings
a. Orders: The Platform permits you to request various Services at a time of your choosing. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to provide with the best Professional who is able to provide that service to you.
b. Confirmation: Once you place a request we will provide confirmation of the booking via SMS, email or WhatsApp message. 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 Professional ha been identified for the requested Services, you shall receive confirmation via WhatsApp, email.
c. Cancellations:
i. You must notify AyurMatirka within 3 working days from the date of ordering, if you decide to cancel your order, through the website, email or by phone. AyurMatrika will withhold processing fee of 4.5% and refund the remaining amount to original payment source withing 7 working days.
ii. If the cancellation request is made after 3 working days from the date of order, AyurMatrika will deduct the price, which is at the sole discretion of AyurMatrika, for services already provided, services provisioned at the time of cancellation request and processing fee, and refund remaining amount to the original payment source within 7 working days from the date of cancellation request.
iii. AyurMatrika may cancel an order if the service is unavailable for any reason. AyurMatrika will notify you if this is the case and refund payment that you have made against cancelled service.
iv. If AyurMatrika chooses to cancel services being provided to you, partially or completely, for any reason, before the completion of agreed duration, you will be notified the same and AyurMatrika will deduct the charge for services availed by you till cancellation and refund rest of the amount to original payment source.
a. All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. 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 AyurMatrika or AyurMatrika’s licensors.
b. We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). 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.
c. 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.
12.TERM AND TERMINATION
a. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
b. We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of AyurMatrika or its affiliates, to access and use the Services, or (D) violate or breach the Community Guidelines, (ii) upon 1 day`s prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
c. You may terminate these Terms, at any time, for any reason by sending a notice to at services@ayurmatrika.com.
d. Upon termination of these Terms:
i. The Account will expire;
ii. The Services will “time-out”; and
iii. These Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
13.DISCLAIMERS AND WARRANTIES
The provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Services.
a. The information, recommendations provided to you on or through the Website is for general information purposes only and does not constitute any advice. The Company will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website are correct, up to date and accurate in all means.
b. Without prejudice to the generality of the section above, the total liability of AyurMatrika to you for all liabilities arising out of this User Agreement is it in tort or contract is limited to the value of the order by you.
c. The quality of the services is entirely the responsibility of the Professional who ultimately provides such services to you. The Company under no circumstance accepts liability in connection with and/or arising from the services provided by the Professional or any acts, action, behavior, conduct, and/or negligence on the part of the Professional. Any complaints about the Professional should therefore be submitted to the AyurMatrika.
d. You understand, acknowledge and agree that you are assuming entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security, and validity of any and all features and functions of AyurMatrika service, including, without limitations, postings, and materials associated with your use of the AyurMatrika service.
e. You understand and agree that to the fullest extent permissible by law, the AyurMatrika, and their successors and assigns or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage of any kind direct or indirect, in connection with or arising from use of the AyurMatrika service or from this terms of use, including but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages
f. The 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 Services will meet your requirements or expectations.
g. 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.
h. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
14.INDEMNITY
You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or use of the Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.
15.JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
a. These Terms shall be governed by and construed and enforced in accordance with the laws of Karnataka, India.
b. Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration at Bengaluru 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 2 (TWO) arbitrator appointed by both the parties. The language of the arbitration shall be English or Local Language. 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.
16.MISCELLANEOUS PROVISIONS
(a)Changes to Terms: 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.
(b)Modification to the Services: 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.
(c)Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in 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).
(d)Assignment: 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 you.
(e)Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to services@ayurmatrika.com
(f)Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
(g)Force Majeure: 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.