Please read these Terms & Conditions carefully before using https://servicenear.in website or servicenear mobile applications which are operated and managed by Q5soft.com. Thanks for choosing to use our services. By using our services, you must follow any policies made available to you within the Services. Please read these terms and conditions carefully together with our privacy policy before using our services.
By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. These T&Cs shall also include any additional or modified terms and conditions in relation to servicing or any additional or modified service-specific terms and conditions in relation that may be offered by Servicenear. All the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Servicenear, regarding your use of the services, the marketplace service or any such other services which may be added on the Servicenear Platform and which will henceforth be a Servicenear Service, from time to time. The Servicenear Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Servicenear grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Servicenear Platform and/or avail the Servicenear Services. Additional terms and conditions may apply in order for You to avail specific Servicenear Services and to specific portions or features of the Servicenear Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference.
The Servicenear Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Servicenear from availing the Servicenear Services or accessing the Servicenear Platform. By accepting the T&Cs or by otherwise using the Servicenear Services on the Servicenear Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Servicenear, or disqualified for any other reason, from availing the Servicenear Services or using the Servicenear Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Servicenear reserves the right to suspend or permanently prevent You from availing Servicenear Services or using the Servicenear Platform.
Additional terms and conditions may apply in order for You to avail specific Servicenear Services and to specific portions or features of the Servicenear Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Servicenear Platform or for any Servicenear Services offered on or through the Servicenear Platform, the latter terms shall control with respect to Your use of that portion of the Servicenear Platform or the specific Servicenear Service. Servicenear may make changes to any Servicenear Services offered on the Servicenear Platform, or to the applicable terms for any such Servicenear Services, at any time, without notice.
You understand that except for information, products or services clearly indicated as being supplied by Servicenear, we do not operate, control, or endorse any information, products or services on the Internet in any way. You also understand that Servicenear cannot and does not guarantee or warrant that files available for download through the Servicenear Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
By accessing or using the Servicenear Platform or by availing Servicenear Services, You agree not to:
You agree that Servicenear, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Servicenear Services/Servicenear Platform and remove and discard on the Servicenear Platform all or any part of Your account, Your user profile, or Your recipient profile, at any time. Servicenear may also in its sole discretion and at any time discontinue providing access to the Servicenear Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Servicenear Services/Servicenear Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Servicenear will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Servicenear may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Servicenear Services/Servicenear Platform.
In no event, Servicenear or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Servicenear Services, the Servicenear Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the Servicenear Services, the Servicenear Platform (including any and all materials) or any reference sites/app/platform/service, even if Servicenear or a Servicenear authorized representative has been advised of the possibility of such damages. In no event, Servicenear, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Servicenear Services, the Servicenear Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the Servicenear services, the Servicenear Platform (including any and all materials) or any reference sites/app/platform/service.Servicenear would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Servicenear’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Servicenear, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Servicenear Services or of the Servicenear Platform; (ii) any violation by You of this Agreement or (iii) any breach of the representations, and covenants made by You herein. Servicenear reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Servicenear, including rights to settle, and You agree to cooperate with Servicenear’s defense and settlement of these claims. Servicenear will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive the termination of this Agreement.
The Servicenear Services and the Servicenear Platform are owned and operated by Q5soft.com. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Servicenear Services and the Servicenear Platform provided by Servicenear (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Servicenear, all Materials, trademarks, service marks, and trade names contained on the Servicenear Platform are the property of Servicenear. You agree not to remove, obscure, or alter Servicenear or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Servicenear Services/Servicenear Platform. Except as expressly authorized by Servicenear, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Servicenear reserves all rights not expressly granted in this Agreement. If You have comments regarding the Servicenear Services and/or the Servicenear Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Servicenear, and shall assign to Servicenear, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Servicenear reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Servicenear Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Servicenear Platform, availing the Servicenear Services initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Servicenear Services/Servicenear Platform. For certain changes, Servicenear may be required under applicable law to give You advance notice, and Servicenear will comply with such requirements.Your continued use of the Servicenear Platform following the posting of changes will mean that You accept and agree to the changes.
The failure of Servicenear to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Servicenear.
If any dispute, controversy or claim arises under this Agreement or in relation to any Servicenear Service or the Servicenear Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Servicenear may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Keralai and the language of this arbitration shall be English / Malayalam. Either You or Servicenear may seek any interim or preliminary relief from a court of competent jurisdiction in Kerala necessary to protect the rights or the property belonging to You or Servicenear (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Servicenear may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Servicenear. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.
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