General Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder, as applicable, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding. Please read the applicable terms of use thoroughly and carefully.

Introduction

These Terms of Use are made by OyeMistri (a registered home services provider operating in India) and you as a User of the OyeMistri services.
The website www.oyemistri.com is completely owned and operated by OyeMistri.

Definitions

"Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using OyeMistri.
"User" or "you" means any person who accesses or uses OyeMistri for their own purpose or on behalf of someone else, and that includes any legal entity.
"User's Content" means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of OyeMistri.
"Order" or "Job" means any order placed for services through the OyeMistri website, telephone, or any other medium or platform.
"Agreed Time" means the appointed date and time for your services to be provided and as mentioned in the booking confirmation.
"Vendor" wherever applicable means a third party who has agreed to co-operate with OyeMistri to offer its services.
"OyeMistri" means collectively including all content provided through the OyeMistri website.
"Website" means OyeMistri and all web pages appearing, appended, or available along with this website.

Acceptance of Terms

The terms and conditions set forth below ("Terms of Use") constitute a legally-binding agreement between OyeMistri and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the OyeMistri website. User hereby accepts all the terms and conditions mentioned herein.

OyeMistri Use

User is hereby allowed to use OyeMistri subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the OyeMistri Website ("Terms"). User conveys acceptance to Terms every time the User uses OyeMistri. User has discretion not to use OyeMistri, so User's use of OyeMistri despite having the right and power not to use, is construed as User having accepted the Terms.

Modification to Terms and Services

OyeMistri retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Every time you use OyeMistri, it shall constitute your acceptance of changes made to the Terms. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

Eligibility and Accessibility

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 are legally capable of entering into a legal contract and have understood and voluntarily accepted the Terms.

Rules of Conduct

OyeMistri shall facilitate the User to order or book services online by using the OyeMistri Website or calls. You acknowledge and agree that you have complete responsibility while ordering services through the OyeMistri Website or calls. The User's discretion is required while using OyeMistri.

OyeMistri shall be used solely for User's non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
User's use of OyeMistri is subject to all applicable local, state, national laws and regulations wherever applicable.
Except as specifically permitted in the Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available in any other manner, decode the OyeMistri Website.

Ordering

You agree that any contract for the service ordered through use of OyeMistri Website or calls is between "You" and "OyeMistri". You agree to take reasonable care when providing OyeMistri with your details and warrant that these details are accurate and complete at the time of ordering a service. Services purchased or availed from the OyeMistri Website are intended for your use only and that "You" are acting as an end customer only and not as an agent for another party while using OyeMistri.

You understand that some types of services may be suitable for Users within certain age ranges and gender only unless mentioned otherwise. It is your sole responsibility to check whether the service you are ordering is suitable for the intended recipient.
If the details of the order are correct, the contract for the service will be confirmed by text message (SMS), WhatsApp and/or other medium to the User.
The confirmation message will specify service details including the approximate service time specified by OyeMistri.
In case service is not possible for whatsoever reason, OyeMistri will let you know by text message (SMS), phone call and/or other medium.
You understand and acknowledge that in unforeseeable events or Force Majeure events, OyeMistri may not be able to reach and/or communicate with you about the non-availability of the scheduled service.

Prices and Payment

All prices listed on the OyeMistri Website for services are correct at the time of publication. While OyeMistri takes great care to keep them up to date:

Visit Charge: A visit charge will be applicable on every order if the customer denies allowing the technician to complete the task after the visit. If the technician reaches the customer's place and the client denies accepting the solution, the client must pay the minimum visiting charges mentioned in the price list of every service category.
You shall be required to pay the minimum charges or repair charges along with the spare parts costs (whichever is higher), if any installed or replaced/substituted in the products, to the Service Provider. The minimum service charge rates can be found on the Website. The service charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the prevailing minimum charges.
You should confirm the same from the Service Provider about the service charge for the repair of the products before initiation of the service.
You agree that you will pay for all services you avail from the Service Provider either by way of cash, cheque, online payment, or any other payment method introduced by the company. Any payment made is non-refundable.
The final cost towards the service will be confirmed after the inspection/visit and before the commencement of the service. Full payment must be made for all the particulars mentioned in the order.
Payment can be made in cash or, if available on the OyeMistri Website, by online payment including through credit card, debit card, net banking, UPI or wallet.
If you choose online payment, you must pay for your order before it is delivered. You shall ensure that the online payment mode is secured. Your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet.
After the completion of the service, the final price charged to you by OyeMistri or the vendor may change based on the latest pricing and scope of work. OyeMistri reserves the right to alter the menu of services available on the Website and to delete and remove them if needed.

Service

OyeMistri provides technology-based services for providing home solutions such as repairing/servicing of home products to you. You agree to obtain the services offered by third-party technicians / Service Providers / Private Repair Professionals ("the Service Provider"). All the services provided by OyeMistri by means of your use of the registration on the Website are hereinafter referred to as the "Service."
The entire booking request as may be directed by the customer shall be forwarded to the concerned repair professional/service provider by OyeMistri. The Service Provider shall be assigned on an availability basis and the same shall be communicated to the customer. On availability of the Service Provider, the communication details of both parties shall be shared by OyeMistri for ease of both parties to perform or exercise their rights and obligations.
In case the Service Provider accepts the booking request made by you with OyeMistri, your information is sent to the Service Provider including your name, contact number etc.
OyeMistri shall endeavour reasonable efforts to bring you in contact with the Service Provider in order to render the required service subject to availability of the Service Provider in or around your location at the time of your booking request.
Service time quoted at the time of ordering is approximate only and may vary. Services will be delivered to the address as intimated by you while ordering. OyeMistri will take reasonable care to deliver in a timely manner. No responsibility is taken for late service by OyeMistri.
In case of a late service, no charges will either be voided or refunded by OyeMistri. All risk in the service shall pass to you upon availing the service. If you fail to accept the service at the time they are ready or OyeMistri is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorisations, then the service shall be deemed to have been delivered to you and all risk and responsibility shall pass to you.
You will treat Service Providers introduced to you through us with respect and not cause damage to them or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their service.
Before handing over the products to be repaired, the customer shall be cautious and ensure themselves about the credibility of the Service Provider. Any defect in service or theft/damage to the asset, spare parts, accessories or products shall not be compensated by OyeMistri in any manner whatsoever. You must ensure that at the time of service, arrangements including access where necessary are in place for offering the service. OyeMistri cannot be held liable for any damage, cost or expense incurred as a result of a failure to provide adequate access or arrangements for service.
OyeMistri, the vendors or the service partners shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
You understand and accept that it might not be possible for OyeMistri, vendor or service partners to offer services to some locations. In such cases, OyeMistri will inform you accordingly and arrange for cancellation of the order or service to an alternative address.

Cancellation Policy

Cancellation by OyeMistri

Please note that there may be certain services that we are unable to accept and must cancel. We reserve the right and it is totally at our sole discretion, to refuse or cancel any service for any reason due to inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required. If your order is cancelled after your payment has been charged, the said amount will be reversed back to your account.

Cancellation by Customer

You must notify OyeMistri immediately if you decide to cancel your order, through email, SMS, WhatsApp or by phone. If OyeMistri accepts your cancellation, no cancellation fee is applicable. If OyeMistri is unable to accept your cancellation due to some reason (e.g., because a task force has been allocated and/or is already out for service), the order for the service may not be cancelled. OyeMistri will not be able to refund the money already paid for any cancelled order for which service arrangements have been made already.

OyeMistri may cancel an order if the service is unavailable for any reason. OyeMistri will notify you in such case and return any payment that you have made. If the cancellation was made in time and once OyeMistri has accepted your cancellation, OyeMistri will refund or re-credit your account with the full amount within 14 days.

In the unlikely event that OyeMistri offers a wrong service, you have the right to reject the wrong service and you shall be fully refunded for that order. In cases of addresses being incomplete, OyeMistri reserves the right to cancel such orders automatically.

Information

Where OyeMistri has requested information from you to provide service, you agree to provide OyeMistri with accurate and complete information. You authorise OyeMistri to use, store or otherwise process your personal information in order to provide the service to you and for marketing purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where OyeMistri believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the service to you. You are entitled to request a copy of the personal information OyeMistri holds about you. Please contact us if you wish to request a copy of this information.

Personal Information and Privacy

User understands and acknowledges that by choosing OyeMistri, you have allowed OyeMistri to use your personal information. User understands, acknowledges and agrees that although OyeMistri provides appropriate firewalls and protections, the OyeMistri website is not hack proof. Data pilferage due to unauthorised hacking, virus attacks, or technical issues is possible.

In case OyeMistri is required to disclose your personal information in order to assist a Government Authority or in adherence to a Court Order or to protect the interest of OyeMistri and/or any particular user(s), OyeMistri will disclose it without obtaining prior permission from you. You authorise us to disclose your personal information in such circumstances.

Ownership of Intellectual Property

All data and information is the property of OyeMistri or its Users. If you believe that OyeMistri contains elements that infringe your intellectual property rights in your work, please notify OyeMistri immediately. If OyeMistri receives an intellectual property right infringement claim notification and it is felt appropriate, OyeMistri may remove all such content from the Website which is indicated as infringing and/or take any other appropriate action.

Disclaimer and Limitations of Liability

The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.

The information and recommendations provided to you on or through the Website are for general information purposes only and do not constitute any advice. OyeMistri 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 is correct, up to date and accurate in all respects.
OyeMistri shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, the total liability of OyeMistri to you for all liabilities arising out of this User Agreement, be it in tort or contract, is limited to the value of the service ordered by you.
The quality of the services requested through the use of the Application or the Service is entirely the responsibility of the Service Provider who ultimately provides such services to you. OyeMistri under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the services provided by the Service Provider should therefore be submitted to the Service Provider.
OyeMistri is not responsible or liable for any malicious code, delay, inaccuracy, error or omission arising out of your use of OyeMistri.
You understand, acknowledge and agree that you are assuming the 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 OyeMistri.
You understand and agree that to the fullest extent permissible by law, OyeMistri and its 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 OyeMistri or from these Terms of Use, including but not limited to compensatory, consequential, incidental, indirect, special or punitive damages.

Indemnification

You agree to indemnify and hold harmless OyeMistri and (as applicable) its parent, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by OyeMistri, made by any third party arising out of your breach or non-performance of the Terms of this User Agreement, OyeMistri Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.

Applicable Laws

These Terms contain the entire understanding and agreement between User and OyeMistri and supersede any and all prior or inconsistent understandings relating to OyeMistri and your use of OyeMistri. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of OyeMistri are governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed by OyeMistri, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Noida, Ghaziabad, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.

Force Majeure

Without limiting the foregoing, under no circumstances shall OyeMistri be held liable for any damage or loss due to deficiency in performance of OyeMistri resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

General Provisions

Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of the Terms, which shall remain valid and enforceable.