1. Introduction

Terms and conditions ("Terms") outline the rules for utilizing the services offered through the 'website' [homigen.com] and the 'Homigen mobile app' (collectively referred to as the "Platform"), as well as the services provided on or through the Platform (referred to collectively as the "Services"). The Terms also include our privacy policy available at [homigen.com/Privacyolicy], as well as any additional guidelines, terms, policies, and disclaimers that we may issue from time to time ("Supplemental Terms"). The Privacy Policy and Supplemental Terms are integral parts of these Terms. In the event of any conflict between these Terms and the Supplemental Terms regarding the applicable Services, the Supplemental Terms will take precedence.

These Terms establish a legally binding contract between Zakonn Tech and its affiliates (referred to as "Homigen," "we," "us," or "our"), and you, as a user of the Services or a legal entity booking Services on behalf of end-users (referred to as "you" or "User"). By utilizing the Services, you confirm that you have the legal capacity and authority to agree to and be bound by these Terms. If you are representing another person or entity, you affirm that you possess the necessary authority to bind them to these Terms.

Your use of the Services indicates your acknowledgement, understanding, and agreement to abide by these Terms, as amended periodically. These Terms override any previous written agreements. If you do not agree with these Terms or cannot comply with their provisions, please refrain from using the Services.

"By creating an account on our platform, you agree to receive promotional calls and communications on the number shared, and such communication and SMS may be coming from a third-party platform."

2. Services

• The Services encompass:
1. Providing a technological Platform that facilitates subscription-based arrangements for housemaids, cooking maids, baby caretakers, and all-rounder services with independent third-party service providers ("Service Partners").
2. Offering perks, information, and accessories related to Service Partners, subject to availability and feasibility. This includes but does not guarantee:
• Police clearance certificate (PCC) of Service Partner (if available or possible),
• Aadhar verification report of Service Partner (as per records provided by concerned government bodies),
• Background verification report of Service Partner (if available or possible),
• Training/Assessment of Service Partner for required job skills and soft skills (if required),
• Uniform for Service Partner (if available or possible).
3. Facilitating payments to Service Partners for their services and handling payment collection on behalf of Service Partners, if agreed upon by both Service Partner and User.

• The term "Service Partner services" refers to the services provided by Service Partners, such as housemaids, cooking maids, baby caretakers, and other similar services. It is important to note that "Services" specifically refer to the services provided by Homigen, not the Service Partner services. Homigen offers to connect Users and Service Partners. Service Partners are exclusively accountable for the Service Partner services they provide, and any recourse regarding the Service Partner services lies with the Service Partner(s). Homigen and its affiliates do not employ Service Partners; Service Partners are not agents, contractors, or partners of Homigen. Service Partners cannot represent or bind Homigen in any manner.

  The terms of the Service Partner services are subject to an agreement between you and the Service Partner.

• The Platform is intended for personal, non-commercial use unless an alternate arrangement is agreed upon between you and Homigen through a separate agreement. Please note that the Platform is designed for use within India.
• Part of the Services involves sending you messages (via text, WhatsApp, the Homigen application/platform, electronic mail, etc.) for various purposes, including relating to your bookings, subscriptions, and use of the Services, as well as for promotional and marketing strategies.
• In specific situations, you may need to provide identification proof to access the Services or Service Partner services, and you agree to comply with this requirement. Failure to comply may result in your inability to use the Services or Service Partner services, and you may be banned from accessing the Services.

3. Account Creation

• To access the Services, you must create an account on the Platform ("Account"). During Account creation, you may need to provide certain information, including your address, household details, phone number, and family size. You must be at least 18 years old to create an Account.
• You warrant that the information you provide for your Account is accurate and truthful. You agree to promptly update your Account information if any changes occur.
• You are responsible for safeguarding the security and confidentiality of your Account and must immediately notify us of any unauthorized use or disclosure of your Account or any security breach.
• You are accountable for all activities that occur through your Account, including those carried out by individuals other than yourself. We are not responsible for unauthorized access to your Account.
• By using the Services, you agree to receive communications from us, including payment requests, information about the Services, promotional offers, and notifications related to the Services.
• Any unauthorized use of data in any manner, including but not limited selling data or scraping data from the Platform, will result in legal proceedings as per applicable law. Users found engaging in such activities will be liable to pay for damages to the company's reputation and any other incurred damages.
• Users are prohibited from using the Platform to disrupt our services, including but not limited to operations, server overloading, or any other activities that may harm the Platform's functionality. Users found engaging in such activities will be held liable for any resulting damages.

4. User Content

• The Platform may offer interactive features or services that allow users with accounts to post, upload, publish, display, transmit, or submit comments, reviews (including those about Service Partners and their services), suggestions, feedback, or other content ("User Content").
• For quality control and effective service provision, we may request reviews from you about Service Partners, and Service Partners may also provide reviews about you. Reviews must not contain knowingly false, inaccurate, or misleading information. Reviews serve various purposes, including quality control and assessing user suitability. We reserve the right to cancel, suspend, or terminate your registration if we determine, at our discretion, that you are not a suitable user.
• By posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, publish, display, store, host, process, distribute, modify, adapt, translate, and create derivative works from the User Content. This license allows us to operate and promote the Services and may involve advertising the Services or presenting evidence before a court or competent authority.
• You waive any claims relating to moral rights or similar rights concerning the User Content, as outlined in this clause.
• Homigen may, without notice, remove or restrict access to User Content that violates these Terms or is deemed inappropriate at our sole discretion. Any data posted by the user that is found to be untrue or harmful to the company will be deleted, and the user will be liable to pay for damages. This may also result in account deletion or blocking of the user.

5. Consent to Use Data

• By agreeing to these Terms, you also consent to the collection and use of your personal data in accordance with our Privacy Policy, available at [https://homigen.com/privacy]. The Privacy Policy explains the types of personal data we collect, how we process it, and your rights regarding your data.
• In addition to the consent provided in the Privacy Policy, you also agree to the sharing of your information with our affiliates and other third parties. We may utilize your information for purposes such as providing Services, analytics, trend analysis, targeted marketing, and enhancing the Services' effectiveness and efficiency.
• In compliance with applicable laws, we may be required to disclose your data to law enforcement agencies or government bodies in connection with criminal or civil proceedings.

6. Bookings and Subscriptions

• Subscriptions : The Platform enables you to request Service Partner services on a subscription basis for a default duration of 12 months. To make a booking, follow the Platform's instructions, provide the necessary information, and pay the applicable Booking Fees. Upon successful booking, you will receive confirmation through various communication channels.
• Cancellations: Booking and Subscription cancellations made before Platform confirmation will not be charged. Once a booking or subscription is confirmed, cancellation charges will be applied based on usage and any other charges we incur, such as payment gateway fees, service provider charges, etc., as per the company policy.

7. Pricing, Fees, and Payment Terms

• Homigen reserves the right to charge fees for different Services offered, which may be subject to change over time.
• Service Partner's Service Fee, Booking Fees, and Subscription Fees:
1. "Service Partner's Service Fee" refers to the amount paid in full to the Service Partner for their services, paid monthly at the end of every month, to the Service Partner. The Service Partner determines the Service Fee. Homigen charges a "Booking Fee" at the time of placing a booking order and a "Subscription Fee" before the Service Partner is arranged.
2. Homigen will inform you of the applicable Service Partner's Service Fee, Booking Fees, and Subscription Fees at the time of booking. Payment methods for Homigen may include credit cards, debit cards, net banking, wallets, or UPI. Modes of payment are subject to modification by Homigen.
3. Currently, users cannot directly pay the Service Partners; they must use our Platform for payments. This ensures that our Service Partners are compensated fairly and in a timely manner. This policy may change in the future.
4. Homigen may act as a limited collection agent for Service Partners, facilitating the collection and transfer of amounts due to them.
5. Taxes are not applicable to the Service Partner's Service Fee but will be applicable to Booking Fees and Subscription Fees.
6. Homigen may reasonably modify the Service Partner's Service Fee, Booking Fees, and Subscription Fees at its discretion. Changes will not impact confirmed bookings before the revised fees are published.
7. Payment of the Service Partner's Service Fee, Booking Fees, and Subscription Fees is final and non-refundable, except as determined by Homigen or required by applicable laws.
8. Homigen reserves the right to add charges in accordance with the services provided on our Platform.
• Payment Processors: Third-party payment processors may be used for billing through your selected payment method. Payments are subject to Payment Processor terms in addition to these Terms. Homigen is not liable for Payment Processor errors, and unsuccessful payments will be credited per the Payment Processor's terms.
• No portion of your payment is designated as a tip or gratuity to the Service Partner. Additional gratuities to Service Partners are voluntary, and Homigen is not responsible for gratuities paid to Service Partners.

8. User Conduct

• Discrimination against Service Partners based on various characteristics is prohibited.
• Service Partners must be treated with courtesy and respect, and a safe environment must be provided for them to perform their services. Service Partners may refuse service if an appropriate environment is not provided.
• Reporting any disrespectful, abusive, or inappropriate behavior of Service Partners is required within 48 hours.
• Service Partners are allowed to ensure their presence within 1 hour from the selected time by the user, as they may need to use multiple modes of transport.
• Users cannot request or impose any additional rules on Service Partners, including but not limited to respect to timings and dressing. However, any issues with hygiene can be brought to our notice, and we will assist users in addressing these concerns.

9. Third-Party Services

• The Platform may include Third-Party Services, including links to products sold by third parties. Third-party services are provided by the respective third parties, and your use of such services is at your own risk.
• We make no representations or warranties regarding Third-Party Services and are not responsible for them. Your engagement with Third-Party Services is governed by the third parties' terms and conditions.
• We may use some third-party services to enhance user experience and service quality. Any liability arising from these third-party services lies with the respective third parties. In case of any disputes, we are not liable.

10. Your Responsibilities

• Accuracy of Information: You confirm that all information you provide in connection with the Services and Service Partner services is accurate, complete, and true at the time of agreeing to these Terms. You agree to maintain the accuracy and truthfulness of this information throughout your use of the Services and Service Partner services. If any changes occur to the provided information during the term of these Terms, you agree to promptly notify us. We are not responsible for any losses or damages you may incur due to incorrect, incomplete, inaccurate, or misleading information, documentation, material, or data provided by you.
• Cooperation in Legal Proceedings: You agree to fully cooperate with us in the event of any legal proceedings initiated against us due to a breach of your obligations under these Terms. You agree to assist us in our defense and take necessary actions to protect our interests.
• User Content Representations:
1. You represent and warrant that you have all necessary intellectual property rights or permissions to provide User Content and grant the licenses as outlined in these Terms.
2. You are solely responsible for all activities conducted through your Platform account and all User Content you submit.
3. Your User Content does not infringe any obligations or responsibilities under other agreements.
4. Your User Content does not violate or infringe upon any intellectual property or proprietary rights, including rights of publicity or privacy, of any person or entity.
5. Your User Content is free from harmful components such as viruses, corrupted data, or destructive files.
6. Your User Content does not contain false, misleading, defamatory, harmful, offensive, obscene, pornographic, discriminatory, or otherwise objectionable material.
7. Your User Content complies with all legal and ethical standards and does not violate any third-party rights.
• Responsible Use of Services: You agree to use the Services solely in accordance with these Terms. Specifically, you shall not:
1. Infringe upon any intellectual property rights, including copyrights, patents, trademarks, or trade secrets of any party.
2. Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create derivative works from, or license the Services, except as permitted under these Terms.
3. Transmit data containing viruses, malware, or other harmful code designed to disrupt computer software or hardware.
4. Use any automated methods to monitor, copy, or interact with the Services.
5. Systematically retrieve content from the Services to compile databases, directories, or other collections.
6. Engage in unlawful, fraudulent, malicious, or inconsistent activities with these Terms.
7. Attempt to gain unauthorized access to the Services or our systems.
8. Violate applicable laws in any manner.
9. Interfere with or disrupt the functioning of the Services.
• Safe and Respectful Treatment of Service Partners: You agree to treat Service Partners with courtesy and respect, and provide a safe environment for them to perform their services. Service Partners have the right to refuse service if suitable conditions are not provided.
• Reporting Inappropriate Behavior: You are required to report any disrespectful, abusive, or inappropriate behavior of Service Partners within 48 hours of the incident.
• Non-Solicitation of Service Partners: You agree not to directly or indirectly solicit, influence, approach, or engage Service Partners you have availed services from to terminate their registration or engagement with the Platform. You acknowledge that this limitation is necessary to protect the privacy and security of Service Partners and does not restrict your ability to obtain similar services through the Platform or other means.

11. Our Intellectual Property

• Ownership of Services: All rights, titles, and interests in the Services, including associated intellectual property rights, are owned by us or licensed to us. Subject to compliance with these Terms, we grant you a limited, non-transferable, non-sublicensable, and revocable license to use the Services in accordance with these Terms and any instructions provided by us. No rights beyond those expressly granted herein are conferred.
• Feedback Usage: You may provide suggestions and feedback ("Feedback") to us. We may use, copy, disclose, publish, display, distribute, and exploit the Feedback without any obligation of royalty, acknowledgment, or consent.
• Intellectual Property Limitation: Except as expressly stated in these Terms, nothing herein confers any right or license to use our or any third party's intellectual property rights.

12. Term and Termination

• Duration of Terms: These Terms remain effective unless terminated as specified herein.
• Our Right to Terminate: We may restrict, deactivate, or terminate your access to the Services:
1. Immediately if you breach these Terms or fail to meet the standards required to use the Services; (ii) Immediately for other legitimate reasons or due to legal or regulatory requirements.
2. Immediately for other legitimate reasons or due to legal or regulatory requirements.
• Termination by You: You may terminate the Services by notifying us via email at support@homigen.com.
• Effects of Termination: Upon termination, your account expires and access to the Services is restricted.

13. Disclaimers and Warranties

• Service "As Is": The Services are provided "as is" without warranties of any kind. We do not guarantee that the Services will meet your expectations or requirements.
• Disclaimer of Service Partner Services: While we strive to provide accurate Service Partner service information, we make no warranties about the quality, reliability, or accuracy of the Service Partner services. We are not liable for Service Partner services, their performance, or any damage caused by Service Partners. Booking Service Partner services establishes a direct contract between you and the Service Partner.
• User Assumes Risk: Your use of the Services and Service Partner services is at your own risk. We are not responsible for any consequences arising from your use of the Services.
• Limitation of Liability: Homigen is not liable for any loss or damage arising from the Services. We are not liable for any indirect, incidental, consequential, or exemplary damages due to the Services or Service Partner services or Service Partner.

14. Indemnity

You agree to indemnify and hold us harmless from any claims, demands, losses, liabilities, damages, costs, and expenses arising from your use of the Services, violation of these Terms, or any breach by third parties using your account.

15. Jurisdiction, Governing Laws, and Dispute Resolution

• Jurisdiction and Governing Law: These Terms are governed by Indian laws, and disputes shall be subject to the jurisdiction of Pune courts.
• Arbitration: Disputes shall be resolved through arbitration in Pune under the Arbitration and Conciliation Act, 1996. The decision of the arbitrator is final and binding.

16. Grievance Redressal

You may contact our designated Grievance Redressal Officer for complaints or queries related to the Services.

17. Direct Employment Restriction

Any Service Partner introduced to the customer by Homigen cannot be employed directly by the customer without the payment of a subscription to Homigen or the renewal of an existing subscription. Failure to adhere to this condition grants Homigen the right to take appropriate legal action against the customer.

18. Miscellaneous Provisions

• Changes to Terms: These Terms may be revised at any time, and changes are effective immediately upon posting. Continued use of the Platform implies acceptance of changes.
• Modification of Services: We reserve the right to modify or discontinue the Services at any time.
• Severability: If any provision is unenforceable, the remainder of the Terms remain valid.
• Assignment: You may not transfer your rights without our consent. We may assign our rights.
• Notices: Official notices should be sent to support@homigen.com.
• Third Party Rights: No third party has rights under these Terms.
• Force Majeure: We are not liable for events beyond our control.