The following terms and conditions will constitute the legally binding contractual agreement between you, who will be referred to hereafter as “registered service provider” and Jaldee Soft Pvt Ltd.7th Floor, Crown Tower, Alappat Avenue, Sakthan Thampuran Nagar, Veliyannur, Thrissur, Kerala 680001, hereafter referred to as “Jaldee”. However, it is mutually agreed that the Terms and Conditions may be amended at the sole discretion of Jaldee and such amended terms and conditions shall be in force from the date of notification of such amended terms and conditions on the website/platform.
Terms and conditions as herein provided or as amended from time shall be applicable from when the registration is made by a Registered Service Provider until the Registration is valid. These terms and conditions shall continue to govern the matters between the parties covered herein arising during its currency, even after the expiry of the agreement. In case of corporate service providers, Jaldee will also be directly dealing with the corporate/parent entity for applicable service providers.
Definitions :
- License shall mean the package or type of service opted for by the registered service provider to be obtained from Jaldee. The payments and facilities for each type of license are indicated in Annexure 1 of these terms and conditions and they shall be read as part and parcel of these terms and conditions.
- Platform means the website/ application or any other means through which Jaldee provides its services to registered service provider or registered consumer. The service of Jaldee is to provide a platform wherein registered service providers and registered consumers can interact and more effectively carry out their business. Jaldee in no manner guarantees any minimum quantum of business to any registered service provider or any minimum standard/quality of service to any registered consumer.
- Registered consumer means a person who has registered as a consumer accepting the terms and conditions applicable to such registration on the website/ application or any other platform provided by Jaldee.
- Registered service provider means a person who has registered as a service provider accepting these terms and conditions on the website/ application or any other platform provided by Jaldee.
Registration :
- On selecting to be registered as a service provider, by providing the mobile number, first and last name, domain and sub domain of service and accepting these terms and conditions, a one-time password will be sent to the provided mobile number.
- The action of requesting a one-time password by providing the above said information and opting to accept these terms and conditions would constitute voluntary acceptance of these terms and conditions as amended from time to time by Jaldee.
- The said mobile number would be treated as the registered mobile number of the registered service provider.
- On verifying the mobile number, the registered service provider will be permitted to set up a password and a detailed profile including name, email address, physical address, GPS location, hours of work, search tags etc. The information that can be included in the profile would depend on the type of license opted for by the registered service provider.
- The registered service provider shall provide true, accurate and complete information in the profile or on any other forms they fill on the platform. If it is found that any wrong/ misleading information is provided by the registered service provider, such registered service provider would become liable for termination and blacklisting as per the procedures contemplated under these terms and conditions and shall be liable for other legal action both under civil and criminal law.
- The registered service provider may choose to be granted any level of license. The continuance of the type of license opted would depend up on payment of the license fee. On expiry of term of paid license, the registered service provider would be reverted back automatically to the free basic license available as on the date of expiry of the earlier license. Any additional facility that was being used by the registered service provider by opting for a higher level of license would be truncated or cancelled as the case may be on such reversion to basic license. Payments made against License Packages are not refundable.
- By registering as a Registered Service Provider, the person so registering is making an express representation to Jaldee and also all Registered Consumers that he is eligible in accordance with law that may be in force to provide the domain or sub domain of service, or sub category of service, claimed to be provided by the said Registered Service Provider. Jaldee shall not be in any manner responsible for any untruthfulness, inaccuracy or incompleteness of such information. The Registered Service Provider is duty bound to disclose and update any information relevant or having any bearing on his capacity or eligibility to provide the service on the platform.
- By registering as a Registered Service Provider or as a Registered Consumer, the person so registering is expressly representing that the person is a legal entity or natural person eligible to enter into legally binding contracts. Jaldee shall not be held responsible for any misrepresentation or suppression in this regard.
- On registration, the Registered Service Provider or Registered Consumer shall be permitted to set up a password. The said Registered Service Provider/Consumer shall be solely and entirely responsible for the safeguard and confidentiality of the password and it is mutually agreed that Jaldee would be free to assume that any usage of the platform with the said password shall be usage by the Registered Service Provider/Consumer or by a person authorized by them. The Registered Service Provider/ Consumer shall notify Jaldee immediately on noting any unauthorized/ suspicious use of the platform.
- Registered Service Provider shall not transfer his rights or obligations including the registration/account to any one without the express written permission of Jaldee and any agreement or arrangement to that effect shall be void. However, it is mutually agreed that Jaldee would be free to assign the rights and liabilities under these terms and conditions to any other person at its sole discretion.
Verification :
- The registered service provider may opt for any level of verification as provided for under Annexure 2 to these terms and conditions.
- The lowest level of verification would only involve verification of attested/certified copies of documents sent over to Jaldee by the registered service provider. This will be totally free. Higher levels of verification would be made on payment of verification fee and within such time as stipulated in Annexure 2.
- Till verification of the registered service provider as contemplated by opted level of verification is complete, the fact that the registered service provider is unverified would be displayed to the registered consumers. The level of verification and the manner in which verification is carried out would be displayed to the registered consumers once the verification is complete.
- If the basic verification required for minimum level of verification is not complete within 15 (fifteen) days from the date of registration, Jaldee may in its discretion cancel the basic registration of the registered service provider.
- The verification would need renewal as per time period provided for each level of verification in Annexure 2 on payment of fee as prescribed in Annexure 2. If the renewal is not done within the time frame, the registration would be reverted to basic verification, or the basic registration itself may be cancelled as may be necessary.
Legal Relationship
- Jaldee only provides a platform for connecting the Registered Service Provider and Registered Consumer. Jaldee in no manner guarantees any minimum quantum of business to any registered service provider or any minimum standard/quality of service to any registered consumer. Nothing in these terms and conditions shall be deemed to create any partnership, Joint Venture, agency, employer employee relationship, trust or fiduciary relationship between Jaldee or any Registered Service Provider or Registered Consumer.
- The contract between Registered Service Provider and Registered Consumer shall be independent and Jaldee will have no role to play in the same except to the extent of dispute resolution system provided under these terms and conditions.
- The liability for tax of any kind including Goods and Service Tax for the service provided by the Registered Service Provider shall be solely and entirely the responsibility of the Registered Service Provider. Jaldee shall be held responsible for the Tax Liability only on the service provided by Jaldee on the platform and it shall not be in any manner held responsible for any failure of the Registered Service Provider to comply with any provisions of the Taxation Laws and the Registered Service Provider shall keep Jaldee indemnified in respect of any such claim or proceedings.
Search System
- If the registered service provider has opted for his profile being made available for public search, the details of the registered service provider would be made available for the registered consumers conducting a search for any service related to the domain or sub domain of service provided by the registered service provider.
- The order of listing on search would be determined based on level of verification and proximity from the location of the consumer, of the registered service provider.
- The registered service provider hereby expressly authorises Jaldee to display and disclose to the registered consumers the information provided by the registered service provider to Jaldee, the level of verification, and rating given by registered consumers to the registered service provider.
Queue System
- The platform would enable a registered consumer to request/book the next available queue position on an available date with the registered service provider.
- The registered service provider may cancel any queue position. The registered service provider may delay the time window for the queue position. The registered consumers concerned would then be notified of the cancellation or delay on the platform.
- Registered consumer may cancel the queue position and, on such cancellation, the registered service provider concerned would be informed of the cancellation on the platform.
- In case of any dispute being raised by the registered consumer/registered service provider concerned, the same would be considered in accordance with the dispute resolution system.
- The queue system would be allotting slots of time based on either the pre-set time windows provided by the service provider or based on the time window calculated by Jaldee relying on the machine learning algorithm. If the waiting time relying on machine learning algorithm is used it may result in inaccuracy as the same is calculated in accordance with the history of time consumed in each consumer’s case by the service provider. Jaldee would not be held responsible for any kind of damage that may occur due to adherence to automatically generated time windows based on machine learning algorithm.
Jaldee pay system (applicable if you use Jaldee pay)
- Jaldee pay is an additional facility enabling a service provider to accept payment through the jaldee app.
- The service provider may at his option based on his level of registration provide the bank account no. and such other details necessary while registering the jaldee account. If such details are provided the jaldee pay system would enable the jaldee provider to accept payment directly into his account using the gateway provided in the application for the same.
- In case the service provider does not opt for giving the a/c credentials, a separate account would be maintained by jaldee for the purpose of crediting money in favor of the service provider through the jaldee app. In such circumstances the following terms and conditions would be applicable for the payment made through jaldee app.
- A percentage of payments made by consumer would be retained as payment commission by jaldee depending on the level of registration of the Service Provider.
- The balance amount after such commission would be held in the credit of the service provider by jaldee as a trustee.
- The amount standing to the credit of the service provider would be paid every week through the method chosen by the service provider at the time of registration. The service provider may opt for physical delivery of a cheque or for any online transfer of the amount as the case may be.
- The jaldee will not be paying any interest on the amount standing to the credit of the service provider. If the payment due to the service provider is delayed for a period of more than 3 months, the payment would be made by jaldee along with interest at the rate of 4% per annum from the date of completion of 3 months from the date of credit.
Dispute resolution system
- Jaldee will provide on its platform a method for both registered service providers and the registered consumers to raise a complaint or dispute against the other in respect of any queue position booked through Jaldee within 48 hours from the time of completion of the service.
- Jaldee will consider the said complaint through its dispute resolution council with reasonable opportunity to both parties. The decision of the council shall be final.
- The Dispute resolution system provided by Jaldee does not in any manner cover a claim or complaint in respect of the quality of the service provided by the Registered Service Provider and it shall only cover the honouring of queue position by the Registered Service Provider. Any claim a Registered Consumer may have against a Registered Service Provider in respect of any deficiency in service offered will have to be taken up with the appropriate legal authority based on the contract between the Registered Consumer and Registered Service Provider.
Removal and black listing
- If on verification, or complaint or by any other means Jaldee comes to realise that the registered service provider has provided false, inaccurate, incomplete, misleading, or fraudulent information on the platform, Jaldee may in its discretion remove the registration of the registered service provider and /or blacklist the registered service provider, thus preventing such registered service provider from again registering on the platform.
- The registered service provider shall honour any queue position fixed through the platform. In case of any disability to honour such queue position the registered service provider shall cancel/ delay the queue position sufficiently in advance so as to avoid any inconvenience to the concerned registered consumer. Any default in such best communication policy shall be treated as misuse of the platform. Consistent /repeated misuse of the platform which may give rise to complaints from the registered consumers would result in removal /blacklisting of the registered service provider at the discretion of Jaldee.
- Jaldee is also providing a facility to interact through chat between registered service provider and registered consumer. The users shall ensure decency in language on such platform. Any violation of the same may result in removal/blacklisting of the person concerned.
- The platform is intended only to be used for registered service providers and registered consumers to interact in respect of their business, book and confirm queue position and to enable payment for service. Use of the platform for any other purpose by a registered service provider or a registered consumer shall be treated as an abuse of the platform which may, at the discretion of Jaldee, result in removal or blacklisting of the registered service provider or registered consumer.
- If any Registered Service Provider fails to comply with these terms and conditions or violates the same, Jaldee may in its discretion remove or blacklist the said Registered Service Provider.
- The details of removed/blacklisted registered service provider would be disclosed/ displayed to registered consumers by Jaldee and the registered service providers by accepting these terms and conditions expressly authorised Jaldee to do so.
- The actions mentioned above which may result in removal /blacklisting would also make the registered service provider/ registered consumer for being subjected to legal action both under civil and criminal law. The removal /blacklisting as the case may be would be without prejudice to such legal action Jaldee may take.
- If Jaldee is convinced that there exists a prima face case for removal /blacklisting, Jaldee may choose to suspend the registration of the registered service provider pending final decision on the question of removal/blacklisting.
- If a registered service provider who has a paid level of license is either removed or blacklisted, the entire fee for the licence paid to Jaldee would stand forfeited and the registered service provider shall not be entitled to any kind of reimbursement of the license fee paid or part thereof.
Communications
- The registered Service Provider hereby agree that any communication sent to the email address provided by them at the time of registration or as updated from time to time shall be sufficient communication to them regarding the matter communicated. This shall include, but not limited to, any information regarding change of these terms and conditions or any notices in respect of any proceedings under Dispute Resolution System, or Removal and Blacklisting Procedure.
Rating
- A registered consumer who is availing any service from a registered service provider would be requested to rate the service on a scale of 1-5. The said registered consumer would be also permitted to give feedback regarding the service at his option.
- Jaldee would display the average rating of all the registered consumers in respect of the concerned registered service provider as part of the profile of the registered service provider. The registered service provider hereby expressly authorises Jaldee to display such information.
- However, the optional feedback given by the registered consumer would only be communicated to registered service provider on his request.
- The rating and the feedback are being given by the registered consumers independently. The registered service provider shall not hold Jaldee to be responsible for the same in any manner.
Indemnity
- Jaldee shall not be responsible for the service provided to the registered consumer by the registered service provider. The registered service provider shall endure to give best service to the registered consumer and the registered service provider shall always indemnify Jaldee against any claim of a registered consumer in respect of the service rendered by the said registered service provider.
- Jaldee is not responsible either for the behaviour of the registered consumer or his failure to honour any part of his agreement with the registered service provider. The registered service provider shall not hold Jaldee responsible for any action of the registered consumer or any loss caused by the registered consumer to the registered service provider. The registered service provider clearly understands that Jaldee does not in any manner verify the credentials of a registered consumer.
Intellectual Property
- The Registered Service Provider/ Consumer hereby represents that any information they provide on the platform shall not violate any intellectual property rights of any third party and undertakes that they would keep Jaldee indemnified as against any claim arising from such violation of Intellectual property rights of third parties by the Registered Service Provider/ Consumer.
- The contents made available by Jaldee on the platform are its original work and the intellectual property rights in respect of the same shall remain with Jaldee. The contents include and are not limited to the logo, icons, graphics, feature logos, token system and its algorithm, check-in feature, search algorithm, ad words, User Interface, Jaldee Kiosk System, Jaldee Coupon System and its algorithm, etc. The Registered Service Provider/ Consumer undertakes not to use any such content without the express written permission of Jaldee.
Change of terms and conditions
- Jaldee reserves to itself all rights to unilaterally amend the terms and conditions herein contained as and when need arises. Any revision of such terms would be ex post facto be intimated to both registered service providers and registered consumers by communication over the platform. By continuing to use the platform after such intimation the users are consenting and concurring to the amended terms and conditions.
Arbitration
- Any dispute arising under this agreement shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996 through a sole arbitrator to be appointed by Jaldee.
Jurisdiction
- Any disputes that arise in respect of any claim under this agreement shall be subject to the jurisdiction of the courts at Ernakulam only.
Force Majeure
- While all efforts will be taken by Jaldee to keep any down time that may occur for the platform to the minimum, Jaldee shall not be responsible in any manner for any failure or delay in performance of any obligations arising from these Terms and Conditions due to labour disturbances, accidents, natural disasters, strikes, wars, riots etc., or acts of government, or any disruption of communication system like the internet.
Jaldee coupons
- Jaldee coupons referrers to any system of providing discounts promulgated by jaldee from time to time. Such schemes would essentially involve a discount being offered to a registered consumer by a registered service provider. Such discount offered based on the jaldee coupons shall be subsidised by jaldee based on the respective jaldee coupon scheme as may be promulgated from time to time.
- A Registered Service Provider agrees that he shall honour any such jaldee coupon schemes promulgated by jaldee from time to time.