A. INTRODUCTION TO TERMS OF SERVICE AND CONDITIONS
Repairmaniac.com (“Web Service”) is run by Repair maniac Services (“Repair maniac”) a gadget service solution company. Use of Repair maniac is dependent on agreeing to the subsequent Repair maniac Services Terms and Conditions (T&C). Use of the Web Service is an agreement to all T&C outlined. Repair maniac reserves the right to amend the T&C. Amendments will be made public in the T&C and active once posted.
B. USE OF THE WEB SERVICE
1. Repair maniac reserves the right to revoke access to the Web Service. Circumventing Repair maniac’s intentions or an abuse of the Web Service can constitute banishment from use of the Web Service. This may include standards of good taste as deemed by Repair maniac and appropriate jurisdictional laws. Repair maniac maintains its rights at all times to terminate use of the Web Service, and to begin legal actions and proceedings to seek remedies and damages relating to but not limited to repairs, lost revenue, legal fees, costs, and injunctions.
2. Repairmaniac.com is act as a facilitator between service provider and seeker and makes the gadget repairing experience seamless. The Service Provider provide services to you/customers through its Technician(s). The Technician(s) are employee of the Service Provider and the Service Provider is/are liable for all the act(s)/misconducts of its technician(s).
3. Neither Repairmaniac.com nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any act of service provider OR its technician (s). Repair maniac.com and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with you/customers use of the service.
4. In case you/customers have a dispute with one or more other service providers, you/customers hereby indemnify the Company/Repair maniac.com, its directors, officers, employees, agents and consultants from claims, demands and damages (actual and consequential) of every kind or nature. Website or company would have no liability for any loss or damage incurring to you/customers due to any communications or dealings with any of the service seekers, service providers, or other users on the web site.
5. The charges mentioned on the profile page of each technician are only the inspection charge and doesn’t include any hardware repairing cost. Customer will be informed in advance if any charge besides mentioned on profile would need to be charge to customer.
6. Client is obliged to pay the minimum visit charge to technician on repairing of the gadget.
7. Any modification of the final job’s cost and outlays will readjust the amount of the minimum charge. Modifications are required to be reported to Repair maniac by a client or technician.
8. Clients and Technicians are required to maintain transactions on Repair maniac if initiated on or by Repair maniac. Any violation of this voids Clients and Technicians of use of Repair maniac and of any advocacy performed on behalf of Clients or Technicians in disputes.
9. Price-o-Meter is a feature built by repair maniac services to enable you/customers to compare technician price against market price. Market price refers to inspection charges and market price refers to average of inspection charges of all the Technician. It is just to make customer aware about the market price but repair maniac services request customer to _take it as reference and not to take any decision solely on price-o-meter feature.
10. Repairmaniac Tech Lab – Repair maniac Tech Lab provides information about the gadget problem and the possible reasons of the occurrence of the problem. Repair maniac tech lab is developed by collecting data from various sources and have been validated by the Technician before uploading on the repairmaniac.com. It is just to make the customer more and Repairmaniac services cannot be held responsible for any decision taken based the provided information and customer will be solely responsible for taken action.
11. Post completion of repair and communication to the customer about device being ready, the device would be held in storage with Repair maniac Services free of charge for a period of 5 days. Thereafter a charge of Rs. 50 per day would be levied in case the Customer is not available for device delivery/ wants the device to be delivered at a later date. The device would be held in storage for a maximum of 30 days, thereafter Repair maniac Services will not be held liable for any item(s) damaged, lost or donated to charity after the 30 day time period. It is the responsibility of the customer to contact us in regards to any and all devices left in our possession to notify us of any hardship that is preventing the device delivery, so that the storage fee may be adjusted or waived.
C. CLIENT AND TECHNICIAN FEEDBACK AND REVIEWS
Providing Reviews and Feedback to Repair maniac is an agreement of:
Actual experiences with the subject in question.
Veracity to you/customer(s) fullest understanding.
Interest-free and unbiased participation in the Client Technician relationship which can include competitor status, family relation or commercial interest.
Repair maniac ultimately sees fit how it handles Feedback and Reviews in accordance with appropriate jurisdictions.
Feedback and Reviews will not be used to slander, behave inappropriately and commit profanities or promote illegalities.
Repair maniac requires that reviews remain pertinent to the service in question.
2. Feedback and Reviews are hosted by Repair maniac but are not officially endorsed by Repair maniac. Repair maniac and its extended company affiliations, including parent, subsidiaries, employees, directors, officers, and shareholders are not responsible for the content of Feedback and Reviews. Repair maniac holds no responsibility regarding content on its site.
D. REPAIR MANIAC, WEB SERVICE, CONTENT, INFORMATION, AND COMMUNICATION
1. Content posted by Clients and Technicians on Repair maniac gives:
Repair maniac and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
Repair maniac and its affiliates and sublicenses the right to use the name that you/customers submit in connection with such Content, if they choose; and
Represent and warrant that (i) you/customers own and control all of the rights to the Content that you/customers post or otherwise distribute or you/customers otherwise have the lawful right to post and distribute such Content to or through the Web Service; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
2. You/customers further grant Repair maniac the right to pursue at law any person or entity that violates you/customer(s) or Repair maniac’s rights in the Content by a breach of the T&C.
3. Content submitted by users of the Web Service will be considered non-confidential and Repair maniac is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Repair maniac reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post . Repair maniac is under no obligation to offer you/customers any payment for Content that you/customers submit. Additionally, Repair maniac is further under no obligation to offer you/customers the opportunity to edit, delete or otherwise modify Content once it has been submitted to Repair maniac. Repair maniac shall have no duty to attribute authorship of Content to you/customers, and shall not be obligated to enforce any form of attribution by third parties.
4. All of the content and information on the Web Service is the sole and exclusive property of Repair maniac, including but not limited to Technician information, Feedback, and Reviews, as well as any Content you/customers post. You/customers acknowledge and agree that you/customers have no right to reproduce, publish, or otherwise use such information other than for you/customer(s) personal use relating you/customer(s) evaluation of any Technicians. You/customers further acknowledge and agree that a violation of the foregoing could result in substantial damages, and that you/customers are liable to Repair maniac for any such damages and you/customers will indemnify Repair maniac in the event of any third party claims against Repair maniac based on or arising from you/customer(s) violation of the foregoing.
5. Intentionally inputting false information is serious and fraudulent that may result in costs and damages to Repair maniac, its partners, Technicians, and users of the Web Service. Loss of time, and expenses, can result in regulator fines and penalties. You/customers will be held responsible for damages, direct and punitive, consequential, and regulator and judicial fines or penalties that arise form intentional, misleading, harmful and fraudulent activity, along with appropriate legal fees and cost and expense.
E. COPYRIGHT TERMS
1. Repair maniac uses the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA”). The address of Repair maniac’s designated agent to receive notification of claimed infringement (“Designated Agent”) is provided below. It is Repair maniac’s policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of those determined to be “repeat infringers” in accordance with the below.
2. Procedure for Reporting Copyright Infringements. If you/customers are a copyright owner or agent thereof, and believe that you/customers copyright is being infringed in connection with the Web Service, please send a written notification to the Designated Agent detailing the alleged infringement. You/customers written notification must include:
Identification of the copyrighted work that you/customers claim has been infringed;
Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Repair maniac to locate such Content;
A statement by you/customers that you/customers have a good faith belief that the use of the Content identified in you/customer(s) notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you/customers that you/customers attest, under penalty of perjury, that the information in you/customer(s) notice is accurate and that you/customers are the copyright owner or authorized to act on the copyright owner’s behalf; and
You/customer(s) physical or electronic signature, together with you/customer(s) contact information (address, telephone number and, if available, email address).
3. Procedure to Supply a Counter-Notice to the Designated Agent. If you/customers believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you/customers may send a written counter-notice to the Designated Agent including the following:
Identification of the Content that was removed, and the location on the Site where it would have been found before its removal;
A statement under penalty of perjury that you/customers have a good faith belief that the Content was removed as a result of a mistake or misidentification;
A statement that you/customers consent to the jurisdiction of the Haryana Court
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Repair maniac has adopted a policy of terminating, in appropriate circumstances and at Repair maniac’ s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Repair maniac may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You/customers agree to indemnify Repair maniac, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney’s fees, made by any third party due to or arising from you/customer(s) use of the Repair maniac services or in connection with Repair maniac or you/customer(s) violation of these Terms, or arising from you/customer(s) violation of any rights of a third party.
G. ADDITIONAL PROVISIONS
1. You/customers acknowledge and agree that the Repair maniac services are provided to you/customers on an “AS IS” basis without any warranty whatsoever, and you/customer(s) sole and exclusive remedy, and Repair maniac’s sole obligation to you/customers or any third party for any claim arising out of you/customers use of the Repair maniac services or the Web Service, is that you/customers are free to discontinue you/customers use of the Web Service at any time. Except as expressly set forth herein, Repair maniac expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchant ability or fitness for a particular purpose, and you/customers agree that Repair maniac shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Repair maniac has been advised of the possibility of such damages) arising out of the use of the web service or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you/customers.
2. The failure of Repair maniac to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. You/customers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Repair maniac services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. The section titles in these Terms are for convenience only and have no legal or contractual effect.
6. The T&C are governed by the laws of the State of Haryana as such laws are applied to agreements entered into and to be performed entirely in the State of Haryana and between India residents. You/customers agree to submit to jurisdiction in Haryana and that any claim arising under these Terms and Conditions will be brought solely in a court in Haryana, India.
H. User Content
Permission to use: