Gatepe

Terms & Conditions

This Website and services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). PLEASE READ TH TERMS AND CONDITION CAREFULLY. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Gatepe relationship with you in relation to this website and the Service (as described below).

The term 'GATEPE' or 'us' or 'we' refers to the owner of the website whose registered office is Gatepe, B. No. 49, Tagore Marg, Neemuch, M.P. PIN - 458441, India. The term 'you' refers to the user or viewer of our website.

User is hereby allowed to use the GATEPE Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the GATEPE App and/or Website (“Terms”). GATEPE retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Everytime You use the GATEPE Service, shall constitute your acceptance of changes made to Terms.

User conveys acceptance to Terms every time the User uses the GATEPE Service. User has discretion not to use the GATEPE Service, so User’s use of the GATEPE Service, despite having the right and power of not to use, is construed as User has accepted the Terms.

GATEPE can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). GATEPE solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. GATEPE reserves the right to store, evaluate, analyses, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that GATEPE continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.

NOTE: GATEPE does not provide the services listed and GATEPE is not a service provider. It is a SOFTWARE or a Technology company which enables the user to book Servicemen. It is upto the Third-Party Servicemen or Service Providers to offer the services which may be scheduled through the use of the Software or Service. GATEPE offers information and a method to obtain such third party services, but does not and does not intend to provide the services or act in any way as a service provider and has no responsibility or liability for any services provided to you by such Third parties.

Any person who accesses this GATEPE Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.

I. USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by GATEPE. The Services provided by GATEPE is a technology based service which enables the hiring of Servicemen for a home based solution of problems in categories such as applicances, electronics, wellness, etc, through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.

GATEPE advises its users that while accessing the web site, they must follow/abide by the related laws. GATEPE is not responsible for the possible consequences caused by your behaviour during use of web site. GATEPE may, in its sole discretion, refuse the service to anyone at any time.

II. USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all GATEPE Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

III. AMENDMENT TO USER(S) AGREEMENT

GATEPE may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms.

IV. INTELLECTUAL PROPERTY RIGHTS

GATEPE is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with GATEPE, its affiliates or licensor's of GATEPE content, as the case may be.

All rights, not otherwise claimed under this agreement or by GATEPE.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. GATEPE does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall GATEPE be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

GATEPE reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.

Copyright

Use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of GATEPE's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. GATEPE reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the GATEPE service, or if GATEPE believes that user(s) conduct is harmful to the interests of GATEPE, its affiliates, or other users, or for any other reason in GATEPE's sole discretion, with or without cause.

V. USER ACCOUNTS, OFFERS AND PROMOTIONS

GATEPE reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.

User accounts bearing contact number and email IDs are created and owned by GATEPE. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user.

In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. GATEPE reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.

VI. LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and GATEPE does not have any control over such sites i.e content and resources provided by them.

GATEPE may allow user(s) access to content, products or Services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. GATEPE believes that user(s) acknowledge that GATEPE has no control over such third party's site, does not monitor such sites, and GATEPE shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.

VII. TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, GATEPE reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. GATEPE also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of GATEPE and/or other visitors to the web site. GATEPE reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

VIII. Terms & Conditions for use of Servicemen

The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of Servicemen:

The customer shall pay the service or labour cost, visit or transportation cost (if applicable), item cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Local Services.
The customer shall ensure that he/she will not indulge in any of the following activities:
- Misusing, soiling or damaging any of the devices (technical/non-technical) of the Serviceman.
- Asking the Serviceman to break any government rules for any purpose. The Serviceman has the right to refuse such a request by the customer. The Serviceman also has the right to refuse such a work or leave such customer's house.
- Misusing the Service or the Software for unlawful purposes or for causing nuisance, annoyance or inconvenience.
- Sharing of confidential information such as your password, etc.
The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, the Company makes no representation or warranty that:
- The Services will meet the customer's requirements
- The Services will be uninterrupted, timely, secure, or error-free
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- In case of any structural damage caused to the property of user in relation to the service provided by the servicemen authorized by GATEPE, GATEPE will be responsible to bear 500% of the cost of repair/replacement subject to the maximum amount of Rs.5,000. This will be subject to a detailed inspection by GATEPE
The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a Serviceman booking. The location based information will be used only to facilitate and improve the probability of locating a Serviceman for the Customer.
The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
The Company shall be entitled at any time without giving any reason to terminate the booking of Servicemen done by the Customer.
The Company encourages all its customers to take full responsibility of his/her items. In case of lost items inside the Company during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
If the Customer suspects any Serviceman of any wrongdoing (legal or illegal) or has any complaint in respect of the Services or the use of the Servicemen, the Customer has to inform Company of the same in writing within 24hours of using the Services of Company.
The Company shall not be liable for any conduct of the Servicemen. However, the Company encourgaes you to notify it of any complaints that you may have against any Serviceman i that you may have hired using the Company's Services.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.GATEPE.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.
All the calls made to the Company's call centre are recorded by the Company for quality and training purposes.
All Servicemen registered with the Company could be continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company does not own any service providers nor does it directly or indirectly employ any Servicemen. Servicemen are all supplied by third parties and the Company disclaims any and all liability in respect of the Servicemen and services provided alike.
The Company has the right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
The courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and GATEPE with respect to access to and use of the web site and the Services offerred by GATEPE, superseding any prior written or oral agreements in relation to the same subject matter herein.

Applicable Laws

These Terms contains the entire understanding and agreement between User and GATEPE and supersedes any and all prior or inconsistent understandings relating to GATEPE Service and your use of GATEPE Service. 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 GATEPE Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the GATEPE Service, 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 Neemuch, Madhya Pradesh, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by GATEPE and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of GATEPE. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, GATEPE takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.