Terms & Conditions
The utilization of services provided through https://www.clapman.in and/or the ClapMan mobile app (referred to collectively as the “Platform”) is subject to the following terms and conditions (“Terms”). These Terms extend to the services accessible on or through the Platform, collectively referred to as the “Services.” Additionally, the Privacy Policy, accessible at https://www.clapman.in/privacy-policy (“Privacy Policy”), and any supplementary guidelines, terms, policies, or disclaimers provided or issued by us from time to time (“Supplemental Terms”) are integral components of these Terms. In cases of conflict between these Terms and Supplemental Terms regarding applicable Services, the Supplemental Terms take precedence.
The Terms establish a legally binding contract between ClapMan Technologies Private Limited (a company incorporated under the Companies Act, 2013, with its registered address at #1001, Transport Nagar, Lucknow – 226005, and principal place of business at #1001, Transport Nagar, Lucknow – 226005) and its affiliates (“CM,” “we,” “us,” or “our”), and you, a user of the Services, or any legal entity booking Pro Services (defined below) on behalf of end-users (“you” or “Customer”). When using the Services, you affirm that you possess the legal capacity and authority to accept and be bound by these Terms. If representing another person, you confirm having the necessary power and authority to bind that person to these Terms.
By utilizing the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, subject to periodic amendments, and commit to complying with the stipulated requirements. These Terms explicitly supersede any prior written agreements. If you do not consent to these Terms or cannot comply with the listed requirements, kindly refrain from using the Services.
- SERVICES
(a) The Services encompass the provision of the Platform, allowing you to organize and schedule various home-based services through independent third-party service providers offering those services (“Service Professionals”). As part of the Services, CM facilitates payment transfers to Service Professionals for the services they provide to you and manages payment collection on behalf of these Service Professionals.
(b) The services provided by Service Professionals are denoted as “Pro Services.” It’s important to note that the term “Services” excludes Pro Services. CM does not deliver Pro Services and bears no responsibility for their provision. Service Professionals are exclusively liable and accountable for the Pro Services offered or provided through the Platform. Service Professionals are not employees, agents, contractors, or partners of CM or its affiliates. They lack the authority to bind or represent CM.
(c) The Platform is intended for your personal and non-commercial use, unless otherwise agreed upon in accordance with the terms of a separate agreement. Please be aware that the Platform is designed for use exclusively within India. If you utilize the Services or Pro Services from a legal jurisdiction outside the territory of India, you are considered to have accepted the CM terms and conditions applicable to that jurisdiction.
(d) The Services are accessible under various brands owned by or licensed to CM and its affiliates.
(e) An integral aspect of the Services involves CM’s ability to send you text messages, emails, or WhatsApp messages, including those related to your bookings, utilization of the Services, or as part of its promotional and marketing strategies. Although you have the option to opt out of receiving these messages by contacting CM at [email protected] or through the in-Platform settings, you acknowledge that this may impact CM’s ability to provide the Services (or a portion thereof) to you.
(f) In specific instances, you may be required to provide identification proof to access the Services or Pro Services, and you hereby agree to do so. Failure to comply with this requirement may result in your inability to use the Services or Pro Services.
(g) CM Credits:
(i) CM, at its sole discretion, may offer promotional codes redeemable for credits, additional features, or benefits associated with the Services and/or Pro Services, subject to any additional terms that may apply to a promotional code (“CM Credits”).
(ii) You agree to (i) use CM Credits in a lawful manner and only for the purposes specified by such CM Credits, (ii) refrain from duplicating, selling, or transferring CM Credits in any manner (including posting such codes on a public forum) without CM’s express prior consent, (iii) acknowledge that CM may disable CM Credits at any time for any reason without any liability to you, (iv) understand that CM Credits are not redeemable for cash, and (v) be aware that CM Credits may expire before use.
(iii) CM, at its sole discretion, may selectively provide CM Credits to certain users, resulting in varied amounts charged for the same or similar services obtained by other users.
(iv) CM reserves the right to withhold or deduct credits, additional features, or benefits obtained through the use of CM Credits by you or any other user if CM reasonably determines or believes that the use or redemption of CM Credits was in error, fraudulent, illegal, or in violation of the applicable CM Credit terms or these Terms.
- ACCOUNT SETUP
(a) To access the Services, you must create an account on the Platform (“Account”). During the creation of your Account, you may need to provide specific details, including but not limited to your phone number. You must be at least 18 years old to establish an Account.
(b) You affirm that all information provided in connection with your Account is and will remain accurate and truthful. You commit to promptly updating your details on the Platform in case of any changes or modifications to this information.
(c) The security and confidentiality of your Account are your sole responsibility. You agree to immediately inform us of any disclosure or unauthorized use of your Account or any other security breach related to your Account.
(d) You are responsible for all activities conducted through your Account, including those carried out by individuals other than yourself. We are not responsible for any unauthorized access to your Account.
(e) You consent to receiving communications from us concerning (i) payment requests, (ii) information about us and the Services, (iii) promotional offers and services from us and our third-party partners, and (iv) any other matters related to the Services.
- USER-GENERATED CONTENT
(a) Our Platform may feature interactive services or tools that enable users with registered accounts to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
(b) For effective service provision and quality control, we may solicit reviews from you regarding Service Professionals. You acknowledge that Service Professionals may also provide reviews about you to us. It is essential not to knowingly provide false, inaccurate, or misleading information in these reviews. Reviews are utilized by us for quality control and to assess the suitability of Customers and Service Professionals as Platform users. If, at our sole discretion, we determine that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to (i) utilize, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the operation and connection of the Services and (ii) employ User Content for limited advertising and promotional purposes related to the Services, or as evidence before a court or competent authority under applicable laws.
(d) In relation to these Terms and the licenses granted under this clause, you hereby waive any claims arising from moral rights or similar rights concerning the User Content.
(e) You acknowledge that CM may, without prior notice, remove or restrict access to User Content that, in its sole discretion, violates these Terms.
- CONSENT FOR DATA USAGE
(a) By using our services, you acknowledge and agree that, in accordance with our Privacy Policy available at https://www.clapman.in/privacy-policy, we may collect and utilize your personal data. The Privacy Policy outlines the categories of personal data we collect or process about you and how we process such data.
(b) In addition to any consent provided under the Privacy Policy, you expressly consent to us sharing your information with our affiliates or other third-party service providers. We may utilize information and data related to your use of the Services for service provision, analytics, trend identification, statistical purposes to improve the effectiveness and efficiency of our Services, and for providing beneficial schemes, new offers, and enhancing user experience.
(c) In compliance with applicable laws, we may be obligated by law enforcement agencies or government bodies to disclose data related to you in connection with criminal or civil proceedings. You acknowledge and agree that, in such instances, we have the right to share such data with the relevant agencies or bodies.
- SERVICE BOOKINGS
(a) Requests: The Platform allows you to request various Pro Services at a time convenient for you, based on available slots. To make a booking, follow the instructions on the Platform and provide necessary information. We make reasonable efforts to connect you with a Service Professional available for the requested time. In the rare event that we cannot find a Service Professional for the specified timeslot, we will contact you to arrange an alternative time.
(b) Confirmation: Upon placing a request, we will confirm the booking through SMS, email, or a push notification. Once confirmed, you are required to make payment in accordance with these Terms or as indicated on the Platform. Upon identifying a Service Professional for the requested Pro Services, you will receive confirmation in the App or through SMS, email, or a push notification.
(c) Cancellations: Bookings cancelled before confirmation on the Platform will not incur charges. CM’s cancellation policy details applicable cancellation fees.
(d) Substitution: In the event of unavailability or cancellation by a selected Service Professional, we will offer a substitute Service Professional from among our registered providers.
6. PRICING, FEES, AND PAYMENT TERMS
(a) CM retains the right to impose charges for the various Services you may utilize and/or for any additional facilities you may select, periodically, on or via the Platform.
(b) Charges and Fees for Pro Services:
(i) For Pro Services sought through the Platform, you are obligated to pay Service Professionals the amount specified at the time of booking, as well as amounts for (a) any additional Pro Services availed, (b) out-of-pocket expenses incurred by the Service Professional, and (c) expenses related to the purchase of goods required or utilized for the Pro Service (“Charges”). In addition to the Charges payable to Service Professionals, CM reserves the right to charge you a convenience fee for facilitating the booking and transferring payments to the Service Professional (referred to as “Fees”). You acknowledge that the final bill may include additional charges, such as a safety fee, warranty fee, insurance fee, or Service Professional welfare fee.
(ii) CM will inform you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, payments for Pro Services can be made through credit cards, debit cards, net banking, wallets, UPI, or cash upon completion of the Pro Service. We retain the right to modify and restrict the available payment modes. Certain payment methods, like cash upon completion, may not always be available. If you choose the ‘cash upon completion’ method, you acknowledge the requirement to pay both Charges and Fees to the Service Professional.
(iii) The Charges and Fees may be payable at the time of booking or upon the completion of the Pro Service, as specified by CM.
(iv) For clarity, note that Charges are payable to Service Professionals, and CM acts as a limited collection agent on their behalf to collect and transfer the amounts due to them.
(v) Taxes: All Charges and Fees are inclusive of applicable taxes.
(vi) CM retains the right to reasonably amend the Charges and Fees at its sole discretion. Changes in Fees will not affect confirmed bookings published before the revised Fees on the Platform.
(vii) Charges and Fees paid are final and non-refundable, unless determined otherwise by CM or required by applicable laws. You may be entitled to a refund or other remedies under certain laws for a failure in the provision of Services.
(viii) You agree that Charges and Fees in specific geographical areas may substantially increase during periods of high demand. While CM will make reasonable efforts to inform you of applicable Charges and Fees, you are responsible for incurred Charges and Fees under your Account, irrespective of your awareness of them.
(c) Payment Processors: We may use a third-party Payment Processor to bill you through your chosen payment method. Payment processing will be subject to the terms and policies of the Payment Processor, in addition to these Terms. We are not liable for any errors by the Payment Processor. In case of an unsuccessful payment, the debited money will be credited according to the Payment Processor’s terms.
(d) Cancellation: You may cancel your service request with a Service Professional at any time before their arrival, and you may incur a cancellation fee in line with CM’s cancellation policy. CM reserves the right to charge you or deduct applicable taxes regarding such cancellation fees.
(e) Subscriptions: CM may offer subscription packages for consideration, providing additional benefits, including discounted Pro Services. Subscription packages are subject to additional terms and conditions, integral to these Terms.
(f) CM does not designate any part of your payment as a tip or gratuity to the Service Professional. Any representation by CM suggesting that tipping is “voluntary,” “not required,” and/or “included” in payments for Pro Services does not imply additional payments to Service Professionals. While you are free to offer additional payment as a gratuity, it is voluntary, and you are not obligated to do so.
- CUSTOMER CONDUCT
(a) CM strictly prohibits discrimination against Service Professionals based on characteristics such as race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other protected characteristic under applicable law. This prohibition extends to actions like refusing to accept Pro Services based on any of these characteristics.
(b) We request that you treat all Service Professionals with courtesy and respect, providing them with a safe, clean, and suitable environment for performing Pro Services. Service Professionals have the right to decline providing Pro Services if you fail to offer a safe and appropriate location or if your behavior is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to limit your access to the Services and Pro Services at our discretion if you behave inappropriately towards any Service Professional.
(c) You acknowledge your responsibility for avoiding discrimination against Service Professionals and ensuring a safe and clean environment for them to perform Pro Services. Additionally, you agree to disclose any information that may impact a Service Professional’s ability to perform Pro Services or affect their health, safety, or well-being to CM and the Service Professional.
(d) In the event that a Service Professional behaves discourteously, disrespectfully, abusively, inappropriately, or in violation of the law, you are required to report the incident to [email protected] promptly, but no later than 48 hours after the occurrence.
- THIRD-PARTY SERVICES
(a) The Platform may incorporate services, content, documents, and information owned by, licensed to, or otherwise provided by a third party (“Third-Party Services”) and may include links to such services. You acknowledge and accept that Third-Party Services are the sole responsibility of the third party that created or supplied them, and your use of such services is entirely at your own risk.
(b) We make no representations and disclaim all warranties and liabilities related to Third-Party Services, including their accuracy or completeness. If you choose to utilize a Third-Party Service, you are bound by the terms and conditions and privacy policy of the third party providing the service. Additionally, all intellectual property rights in and to Third-Party Services are owned by the respective third parties.
- YOUR RESPONSIBILITIES
(a) You affirm and guarantee that all information provided in connection with the Services and Pro Services is accurate, complete, and truthful at the time of accepting these Terms and will remain so during your use of the Services and/or Pro Services. If any information you provide changes during the duration of these Terms, you commit to promptly informing us. We disclaim any responsibility or liability for any loss or damage you may incur if the information, documentation, material, or data provided to access the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
(b) You shall cooperate with us in our defense against any proceedings initiated due to a breach of your obligations or covenants under these Terms.
(c) Regarding User Content, you guarantee that:
- (i) You own all intellectual property rights or have obtained necessary permissions to provide User Content and grant the licenses under these Terms.
- (ii) You are solely responsible for all activities on or through your Platform account and all User Content.
- (iii) The User Content does not violate any obligations or responsibilities under other agreements.
- (iv) The User Content does not violate, infringe, or misappropriate any intellectual property or proprietary right, including the right of publicity or privacy.
- (v) The User Content does not contain viruses, corrupted data, or other harmful files or content.
- (vi) The User Content does not violate any third-party rights.
- (vii) The User Content does not belong to any other person without the right, is not defamatory, harmful, invasive of privacy, discriminatory, or otherwise offensive.
(d) You shall not use the Services except as expressly permitted in these Terms. Specifically, you shall not:
- (i) Infringe on proprietary rights, including copyrights, patents, trademarks, or trade secrets.
- (ii) Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create derivative works, or license the Services, except as provided herein.
- (iii) Transmit data or material containing harmful computer code.
- (iv) Use any automated device or manual process to monitor or copy the Services.
- (v) Engage in systematic retrieval of content from the Services.
- (vi) Use the Services unlawfully, for fraudulent or malicious activities, or inconsistent with these Terms.
- (vii) Decompile, reverse engineer, or disassemble the Services.
- (viii) Link to, mirror, or frame any portion of the Services.
- (ix) Violate applicable laws.
(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
(f) You shall not attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
(g) You shall not, directly or indirectly, solicit, influence, engage, approach, or encourage Service Professionals from whom you have availed Pro Services to terminate or cease their registration or engagement with the Platform, or to provide services similar to the Pro Services independently, without booking through your Account. You acknowledge the reasonableness and fairness of this limitation for the privacy and security of Service Professionals. This does not prevent you from obtaining similar services through the Platform or other means, and any potential harm to Service Professionals from not enforcing this clause outweighs potential harm to you.
- OUR INTELLECTUAL PROPERTY
(a) The Services, including all intellectual property rights arising from them, are owned by or licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable, and limited license to use the Services in accordance with these Terms and our written instructions. Any rights not expressly granted herein are reserved by CM or CM’s licensors.
(b) We may request Feedback from you and may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment, acknowledgment, or restriction arising from your intellectual property rights.
(c) Except as expressly stated, nothing in these Terms confers any right or license to our or any third party’s intellectual property rights.
- TERM AND TERMINATION
(a) These Terms are effective until terminated as per the terms hereunder.
(b) We may restrict, deactivate, or terminate your access to the Services immediately if you violate these Terms, cease to be a user, do not qualify under applicable law or standards, or violate the Community Guidelines. We may also terminate with 30 days’ notice, or immediately for legitimate business, legal, or regulatory reasons.
(c) You may terminate these Terms at any time by sending a notice to [email protected].
(d) Upon termination:
(i) Your Account will expire;
(ii) The Services will “time-out”;
(iii) These Terms shall terminate, except for surviving clauses.
- DISCLAIMERS AND WARRANTIES
(a) The Services are provided “as is” without warranty of any kind. We make no warranty that the Services will meet your requirements.
(b) No advice or information obtained from us creates a warranty not expressly stated in these Terms.
(c) While CM strives for accurate information, pricing errors may occur.
(d) We are a Platform connecting you with Service Professionals and are not liable for their obligations. You enter a contract with the Service Provider, and we accept no responsibility, warranty, or liability for their performance.
(e) Soliciting services independently is at your own risk, waiving any rights under these Terms.
(f) We do not guarantee Service Professional reliability, quality, or suitability.
(g) You accept responsibility for consequences from your use of Services, and we have no liability.
(h) CM will manage complaints reasonably on behalf of Service Professionals.
(i) To the fullest extent permissible by law, we disclaim liability for loss or damage due to:
(i) Service use, inability to use, or Service availability;
(ii) Defects, interruptions, delays, or data loss in the Services;
(iii) Service failure to remain operational;
(iv) Loss of User Content or other data.
(j) CM, its officers, and employees shall not be liable for any damages.
(k) Our liability is limited to the commission we receive for a specific booking. In no event shall our total liability exceed INR 10,000.
(l) Nothing excludes or limits any implied warranty by law.
- INDEMNITY
You shall indemnify and hold us harmless from claims, losses, and costs due to your access, use, or violation of these Terms.
- JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms are governed by Indian law. New Delhi courts have exclusive jurisdiction.
(b) Disputes shall be resolved by arbitration in New Delhi under the Arbitration and Conciliation Act, 1996.
- GRIEVANCE REDRESSAL
Contact our Grievance Redressal Officer at [email protected] for complaint resolution.
- MISCELLANEOUS PROVISIONS
(a) Changes to Terms are effective immediately upon posting. It’s your responsibility to review for updates.
(b) We reserve the right to add, modify, or discontinue Services, with or without cause.
(c) If a provision is unlawful, the other provisions remain in effect. If a part is unlawful, it is deemed deleted.
(d) You shall not assign rights without consent. We may assign rights without notice.
(e) Notices shall be sent to [email protected].
(f) Third parties have no rights to enforce these terms.
(g) Force Majeure relieves liability for events beyond our control.