Introduction

These Terms and Conditions, along with privacy policy or other terms (“Terms”) constitute a binding agreement by and between SHANTEK DEV PRIVATE LIMITED, (“Website / Mobile Application Owner” or “we” or “us” or “our”) and you (“you” or “your”) and relate to your use of our website / mobile application, goods (as applicable) or services (as applicable) (collectively, “Services”).

Licence

Unless otherwise stated, SHANTEK DEV PRIVATE LIMITED and / or its licensors own the intellectual property rights for all material, ideas & concepts of this website / mobile application. All intellectual property rights are reserved. The contents of the website / mobile application and the Services are proprietary to us and you will not have any authority to claim any intellectual property rights, title, or interest in its contents.

Severability

If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

We reserve the right to modify these Terms & Conditions at any time and without assigning any reason. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates.

Terms of Use

The use of this website / mobile application or availing of our Services is subject to the following terms of use:

• To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website / mobile application or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnification

Your use of our Services and the website / mobile application is solely at your own risk and discretion. You are required to independently assess and ensure that the Services meet your requirements. You hereby indemnify to the fullest extent SHANTEK DEV PRIVATE LIMITED from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these terms.

Limitation of Liability

In no event shall SHANTEK DEV PRIVATE LIMITED, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this website / mobile applications whether such liability is under contract. SHANTEK DEV PRIVATE LIMITED, including its officers, directors, and employees, shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this website.

Restrictions

You acknowledge that unauthorised use of the website / mobile application or the Services may lead to action against you as per these Terms or applicable laws. You are specifically restricted from all of the following:

• Publishing any website / mobile application content in any other media;
• Using this website / mobile application in any way that is or may be damaging to us;
• Using this website / mobile application contrary to applicable laws and regulations, or in any way may cause harm to the website / mobile application;
• Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website / mobile application;
• Using this website to engage in any advertising or marketing.

Third Party Obligations

You agree and acknowledge that website / mobile application and the Services may contain links to other third party website / mobile applications. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites / mobile applications.

Service Charges

You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with us for the Services. You agree to pay us the charges associated with availing the Services as under:

• The user as a contractor shall deposit the wage amount with the banking system of SHANTEK DEV PRIVATE LIMITED at the time of selection of a particular labourer. To ease, the contractor is provided with a B-Wallet (virtual wallet in mobile application operated through payment gateway of banking system), where the contractor deposits the amount as per his requirement.
• Attendance of the labourer starts when the labourer is checked-in in the mobile application. At the end of day after the day’s work the contractor checks-out the labourer & the labourer receives the pre-decided wage amount to the labourer's B-Wallet through the pay-out banking system. The delay of a few working days for reflecting wage amounts in the B-Wallet shall be in accordance with the policies of banks.
• The contractor & the labourer both hereby agree to the service charge levied by SHANTEK DEV PRIVATE LIMITED through the website / mobile application. Changes in service charges by SHANTEK DEV PRIVATE LIMITED are perpetually acceptable to the contractor & the labourer and hereby give consent to service charges & changes in service charges during the course of use of our Services.

Refund, Performance, Disputes & Obligations

You shall be entitled to claim a refund of the payment made by you in case we are not able to provide the Service as per our refund policy. The timelines for such return and refund will be according to the specific Service you have availed or within the time period provided in our policies (as applicable). In case you do not raise a refund claim within the stipulated time, then this would make you ineligible for a refund.

Notwithstanding anything contained in these Terms, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.

These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.

All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in PUNE, Maharashtra. All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website / mobile application.

Entire Agreement

These terms constitute the entire agreement between SHANTEK DEV PRIVATE LIMITED and you in relation to your use of this website and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These terms will be governed by and interpreted in accordance with the laws of the State of Maharashtra, and you submit to the non-exclusive jurisdiction of the district courts located in Pune for the resolution of any disputes.