Terms of Use
Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions
in these Terms of Use and the Privacy Policy and your representation that you are adult enough to use
the services as per laws of the land.
Your use of the Service after such posting will constitute your acceptance of and agreement to such changes.
Therefore, you should frequently review these Terms of User Policy to see if there has been any update and
changes incorporated.
This Terms of Use is subject to change at any time, effective upon posting on the Service.
Holaa is an aggregator platform for house hold services and enables the connection between
individuals seeking to obtain services ("Holaa Customer") and/or individuals seeking to
provide services ("Holaa Service Provider").
Holaa Customer and Holaa Service Provider
together are hereinafter referred to as "Users" and individually as "User". Those certain
services requested by the Holaa Customer, which are to be completed by the Holaa Service
Provider, are hereinafter referred to as "Services".
1.Collection of your Personal Information
Holaa has limited control over the quality, timing or legality of Services delivered by
Holaa Service Provider.
Holaa makes only a sincere attempt to provide best service and hence does not take full
responsibility of suitability, reliability, timeliness, or accuracy of the Services requested
and provided by Users.
Although Holaa does perform background checks of Holaa Service Provider, Holaa cannot confirm
that each User is who they claim to be. Holaa does not assume any responsibility for the
accuracy or reliability of this information or any information on the Service.
NEITHER HOLAA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER
ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. HOLAA AND ITS AFFILIATES AND LICENSORS
WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE
OF THE SERVICE.
2.Release
Holaa expressly disclaims any liability beyond service contract value that may arise between Users of
its Service.
Holaa is only an aggregator of service providers. Though we take utmost care in collecting
information and background check of service providers still we may have missed out any information unknowingly
and/or Users have not have shared the correct and all information with Holaa.
Hence if any dispute arises with one or more Users, you release Holaa (and our officers, directors, agents, investors,
subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.Links to Other Web Sites
Links (such as hyperlinks) from Holaa to other sites on the Web do not constitute as the endorsement by Holaa of those sites
or their content. Such links are provided as an information service, for reference and convenience only.
Holaa does not control any such sites and is not responsible for their content. The existence of links on the Service to
such websites (including without limitation external websites that are framed by the Holaa Service as well as any advertisements
displayed in connection therewith) does not mean that Holaa endorses any of the material on such websites, or has any association
with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy
policies for those websites, and not by Holaa's Terms of Use or Privacy Policy.
You access such third-party websites at your own risk. Holaa expressly disclaims any liability arising in connection with your
use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold
Holaa harmless from any liability that may result from the use of links that may appear on the Service.
4.Public Areas
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums,
communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users.
You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.
Without limitation, you may not:
5.Account, Password and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Holaa
for accessing the Service.
You are solely and fully responsible for all activities that occur under your password or account. Holaa has no control over the use of any User's
account and expressly disclaims any liability derived therefrom.
Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security,
you will contact Holaaimmediately.
6.Your Information
"Your Information" is defined as any information and materials you provide to Holaa or other Users in connection with your registration
for and use of the Service, including without limitation that posted or transmitted for use in Public Areas.
You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication
of Your Information.
You hereby represent and warrant to Holaa that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or
involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right
or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully
harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs,
cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information; and (h) will not create liability for Holaa or cause Holaa to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Solely to enable Holaa to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information,
in any media now known or not currently known.
7.Billing and Payment Policy
Holaa Customers are obligated to pay for the Services, unless specifically notified otherwise. Holaa Customers can pay using Internet Banking and/or credit/debit cards ("Bank Account")
through Holaa's payment gateway partners or could just pay the Holaa Service Provider in cash after the Service is completed. Holaa Customer can also pay at the end of a completed Service transaction.
For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, Holaa will charge your Bank Account according to the amount agreed upon between
you and Holaa for the use of the Service Holaa retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction.
At Holaa's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Holaa.
While Holaa will use commercially reasonable efforts to ensure the security of all banking and other personal information, we expressly disclaim
any liability for any damage that may result should any information be released to any third parties, and you agree to hold Holaa harmless for any
damages that may result therefrom.
Holaa will use third party services to process banking information. For further information regarding that Services, please contact Holaa to request
information about Holaa's internet banking and other cashless transaction providers.
You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Holaa's income).
8.Termination and Suspension
Without limitation, Holaa may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Holaa posted on the Service
from time to time, or if Holaa otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Holaa terminates or suspends your right to use the
Service for any of these reasons, you will not be entitled to any refund of unused balance in your account.
In addition to terminating or suspending your account, Holaa reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Holaa may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written
or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Even after your right to use the Service is terminated or suspended,
this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination
of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9.Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other
content (collectively "Proprietary Material") that users see or read on the Service is owned by Holaa or are used by permission. Proprietary Material is protected in all forms,
media and technologies now known or hereinafter developed.
Holaa owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Intellectual
Property Rights Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy,
download, use, redesign, reconfigure, or retransmit anything from the Service without Holaa's express prior written consent. Any use of such Proprietary Material, other than as permitted
therein, is expressly prohibited without the prior permission of Holaa and/or the relevant right holder.
The service marks and trademarks of Holaa, including without limitation Holaa and the Holaa logo are service marks owned by Holaa. Any other trademarks, service marks, logos and/or trade
names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
10.Modifications to the Service
Holaa reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the
Service with or without notice. Holaa will not be liable to any party for any modification or discontinuance of the Service.
11.Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Holaa and agree that you will not disclose, transfer, use (or seek to
induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain
the confidentiality of Confidential Information. You shall promptly notify Holaa in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information.
You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing
Confidential Information to Holaa upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Holaa's trade secrets,
confidential and proprietary information and all other information and data of Holaa that is not generally known to the public or other third parties who could derive value,
economic or otherwise, from its use or disclosure.
Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software,
developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other
business information disclosed directly or indirectly in writing, orally or by drawings or observation.
12.Disclaimer of Warranties
Holaa provides three (3) days warranty of services with limited liability of rework only. Whether the work falls in the scope of warranty is at the sole discretion
of Holaa based on the outcome of inspection of Service provided.
NEITHER HOLAA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
HOLAA AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
13.No Liability
YOU AGREE NOT TO HOLD HOLAA, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS,
CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL
VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOLAA OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL HOLAA ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOLAA OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS
IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HOLAA DURING THE three (3) MONTHS PRIOR TO
THE TIME SUCH CLAIM AROSE.
14.Indemnification
You hereby agree to indemnify, defend, and hold harmless Holaa, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against
any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, arising from your use or inability to use the Services.
15.Dispute Resolution and Governing Law
In case of any dispute between the Users and Holaa, the parties agree to resolve the matter amicably vide arbitration under the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration
shall be Ahmedabad, India. The language of the arbitration shall be English.
16.Special Promotions
Holaa may from time to time provide certain promotional opportunities to Holaa Customer All
promotions will be run at the sole discretion of Holaa, and can be activated, modified or removed at any time by Holaa without advance notification.
In the event that you are given a code by or on behalf of Holaa through which you may refer a friend to Holaa in exchange for a referral credit, you shall not use any online marketing or advertising to
promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website,
nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances
for legitimate referral purposes, as determined by Holaa in its sole discretion. Without limiting Holaa's other rights and remedies, Holaa may terminate such code and/or your account for any breach of this Section.
17.No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement.
18.General Provisions
Holaa takes no responsibility for money paid to Holaa Service Provider without informing us. Holaa has no control over payments made in cash to Holaa Service
Provider hence it is important that payments to be made directly to Holaa through online payment option as Holaa website.
Holaa strongly discourages any direct contact with our Holaa Service Provider or any call booked directly by the Holaa Customer with the Holaa Service Provider,
as in such cases Holaa has no control on whatsoever situation or condition.
We discourage any tips or reward to any of our Holaa Service Provider however if any Holaa Customer is doing so is completely based on their own will and decision.
Holaa does not deal into any kind of material or spare parts. The Holaa Customer should buy the materials required, for carrying out the Services, on their own. [P1]
Holaa Service Provider is liable for any damage by him, in occurrence of any such event the Holaa Customer is requested first contact Holaa customer care and
then may lodge a complaint against the Holaa Service Provider, if the solution is resolved amicably.
Holaa may decline to provide any service on National Holidays, Public Holidays, Government Holidays without any obligation to any customer or user.
Holaa Customers are requested to report/inform us immediately for any misconduct or unsatisfied behavior of any of our Holaa Service Provider
so that Holaa can take action for improvement. However if the misconduct is falling in the category of breach of law then Holaa Customer may deal with that as per
the applicable laws directly with the Holaa Service Provider and Holaa will not be responsible in such case.
Also, in case any criminal act is committed by the Holaa Service Provider while providing Services, the Holaa Customer, at its own will can take
direct action under the laws of country and also keep us informed on full details of the same. Holaa will not be party to any such action.
19.Changes to this Agreement and the Service
Holaa reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of
this Agreement (including the Privacy Policy(Please provide an hyperlink to the privacy policy here) at any time, effective with or without prior notice.
If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate,
and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and
irrevocable acceptance of any and all such changes. Holaa may change, modify, suspend, or discontinue any aspect of the Service at any time.
Holaa may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE HOLAA PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT
OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.