Terms & Conditions

For the purpose of these Terms & Conditions, the following expressions shall have the meanings assigned to them hereunder:

• 2.1 By accessing or using the Platform, the Customer unequivocally agrees to be bound by these Terms, Privacy Policy, and any supplementary policies notified by the Company from time to time.
• 2.2 In the event the Customer disagrees with these Terms, the Customer shall immediately discontinue the use of the Platform. Continued use constitutes binding acceptance.
• 2.3 These Terms constitute a legally enforceable contract between the Customer and Niyati Solutions.

3.1 The Customer expressly acknowledges that the Platform is only an intermediary, as defined under the Information Technology Act, 2000 and associated rules, whose role is limited to providing a digital interface whereby Customers may identify and connect with third-party Service Providers.

3.2 The Company:

• (a) does not provide or perform any of the services listed;
• (b) does not employ or supervise Service Providers;
• (c) does not guarantee the quality, capability, conduct, pricing, or qualification of any Service Provider;
• (d) does not inspect or verify the validity of licences, permits, registrations, certifications, or credentials of Service Providers;
• (e) shall not be liable for any loss, damage, injury, deficiency, misconduct, or fraud committed by any Service Provider.

3.3 The Customer understands that engagement of a Service Provider is a private contractual arrangement solely between the Customer and the Service Provider. The Company shall not be deemed a party to any such arrangement.

3.4 The Customer expressly agrees that the Company assumes no vicarious, contractual, legal, statutory, or tortious liability for any act or omission of any Service Provider.

4.1 The Customer represents that they are:

• (a) at least 18 years of age;
• (b) legally competent to enter binding contracts;
• (c) using their own verified mobile number and email;
• (d) providing correct and updated information.

4.2 The Customer shall:

• (a) use the Platform only for lawful purposes;
• (b) not engage in fraudulent, abusive, defamatory, or illegal conduct;
• (c) not misuse ratings, feedback, reviews, or communication channels;
• (d) not attempt to harm, disable, or disrupt Platform operations;
• (e) not impersonate or misrepresent identity;
• (f) comply with all laws relating to hiring of Service Providers.

4.3 The Customer acknowledges that the Company may suspend or terminate access in the event of violation of these Terms.

5.1 By using the Platform, the Customer irrevocably consents to receive communications from the Company via WhatsApp, SMS, email, phone calls, push notifications, and any other communication media.

5.2 Such communications shall include but not be limited to:

• account verification
• service-related updates
• promotional messages
• transactional information
• alerts and notices

5.3 The Customer may opt out of promotional communications. Transactional communications cannot be disabled.

6.1 At present, the Platform charges fees primarily to Service Providers for listing and subscription.

6.2 The Company expressly reserves the unilateral right to:

• (a) introduce fees or commissions payable by Customers;
• (b) revise, alter, modify, or withdraw fee structures;
• (c) impose convenience fees, service charges, booking fees, or other price components;
• (d) amend pricing models without prior notice.

6.3 All payments made through the Platform shall be subject to payment gateway rules and applicable taxes.

6.4 The Customer agrees that the Company shall not be liable for:

• (a) payment disputes between Customer and Service Provider;
• (b) refund, cancellation, non-payment, overcharging, or pricing errors by Service Providers.

7.1 The Customer acknowledges that each Service Provider is solely responsible for ensuring that they possess all statutory licences, registrations, approvals, authorisations, qualifications, permits, and insurance necessary under Applicable Laws to operate their business.

7.2 The Company does not verify or certify compliance with legal requirements and the Customer waives any claim against the Company in this regard.

7.3 The Customer agrees to independently satisfy themselves as to the legitimacy, competence, and reliability of the Service Provider before availing services.

8.1 The Platform, its content, listings, and features are provided on an "as is" basis without warranties of any kind.

8.2 The Company expressly disclaims all warranties, whether express or implied, including but not limited to:

• quality or suitability of Service Providers
• accuracy of information provided by Service Providers
• timeliness, reliability, or safety of services
• outcomes or results of services
• compliance with law by Service Providers

8.3 The Customer agrees that no advice or information obtained from the Platform shall create any warranty not expressly stated in these Terms.

9.1 To the fullest extent permissible under law, the Company shall not be liable for:

• any direct, indirect, incidental, consequential, punitive, exemplary, or special damages;
• loss of profits, business, goodwill, or data;
• injury, property damage, death, or misconduct by Service Providers;
• fraud, deficiency in service, non-performance, breach, or negligence of Service Providers;
• any act of the Customer or third parties.

9.2 In no event shall the Company's total liability exceed INR 1,000.

9.3 This limitation applies irrespective of cause of action - contract, tort, negligence, or otherwise.

The Customer agrees to indemnify, defend, and hold harmless the Company, its proprietor, employees, agents, and representatives from any claim, loss, liability, damage, or cost arising from:

• use of Platform;
• engagement of Service Provider;
• violation of these Terms;
• breach of law;
• negligence or misconduct of Customer.

11.1 All rights in the Platform including trademarks, software, design, layout, databases, and proprietary content belong exclusively to Niyati Solutions.

11.2 The Customer shall not copy, reproduce, reverse engineer, modify, translate, or commercially exploit any part of the Platform.

12.1 The Company may suspend or terminate access if:

• (a) Customer violates these Terms;
• (b) Customer engages in fraud or illegal activity;
• (c) Platform security is threatened;
• (d) required by law.

12.2 Customer may discontinue use at any time.

• 13.1 Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996.
• 13.2 Seat of Arbitration shall be Sagar, Madhya Pradesh
• 13.3 Language shall be English or Hindi
• 13.4 Arbitrator: Sole arbitrator appointed by mutual consent or by the Company if mutual consent fails.
• 13.5 Courts at Sagar shall have exclusive jurisdiction for interim and enforcement proceedings.

These Terms shall be governed by and construed in accordance with the laws of India.

The Company may modify these Terms at any time. Updated Terms shall be posted on the Platform and shall take effect upon posting.

This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof, superseding all prior or contemporaneous agreements, representations, promises and understandings, whether written or oral.

Neither party may assign its rights or delegate its duties under this Agreement without the other party's prior written consent. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party.

This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and assigns, provided, however, neither of the party may assign this Agreement or any rights hereunder to any person or entity without the prior written consent of the other party.

All of the provisions of this Agreement are distinct and severable, and any provision of this Agreement that is deemed inoperative, unenforceable, void or invalid shall not affect the operation, enforceability, legality or validity of any other part of this Agreement.