These terms and conditions ("Terms") govern the use of services made available on or through https://www.towneycompany.com and/or the Towney Company mobile app (collectively, the "Platform", and together with the services made available on or through the Platform, the "Services"). These Terms also include our privacy policy, available at https://www.towneycompany.com/privacy-policy ("Privacy Policy"), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time ("Supplemental Terms"). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.
The Terms constitute a binding and enforceable legal contract between Sunkara ODS Private Limited (a company incorporated under the Companies Act, 2013 with its registered address at 19-1-19 Manthavari Street Poorna Market, Visakhapatnam -530002 and its affiliates (“Towney Company” "we", "us", or "our"), and you, a user of the Services, or any legal entity that books Services (defined below) on behalf of end-users ("you" or "Customer"). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.
Services
- The Services include the provision of the Platform that enables you to arrange and schedule different services with independent third-party Service Providers of those services ("Service Professionals”) As a part of the Services, We facilitates the transfer of Payments to service professionals for their services they render to you and collects payments on behalf of such professionals
- The services rendered by Service Professionals are referred to as " Services". We do not provide the Services and is not responsible their provision. Service Professionals are solely liable and responsible for the Services that they offer or otherwise provide through the Platform. Towney Company and its affiliates do not employ Service Professionals, nor are Service Professionals agents, contractors, or partners of UC or its affiliates. Service Professionals do not have the ability to bind or represent Towney Company
- The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India. You agree that in the event you avail the Services or Pro Services from a legal jurisdiction other than the territory of India, you will be deemed to have accepted the UC terms and conditions applicable to that jurisdiction.
- The Services are made available under various brands owned by or otherwise licensed to US and affiliates.
- A key part of the Services is Our ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies.
- A key part of the Services is Our ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies.
ACCOUNT CREATION
- To avail the Services, you will be required to create an account on the Platform ("Account"). For this Account, you may be required to furnish certain details, including but not limited to your phone number. To create an Account, you must be at least 18 years of age.
- You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
- You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.
- You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.
- You agree to receive communications from us regarding
- Requests for payments
- Information about us and the Services
- Promotional offers and services from us and our third party partners
- Any other matter in relation to the Services.
USER CONTENT
- Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform ("User Content").
- As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Professionals and you agree and acknowledge that Service Professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading Information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
- As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Professionals and you agree and acknowledge that Service Professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading Information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
- In connection with these Terms and the license granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
- You agree and acknowledge that We may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
CONSENT TO USE DATA
- You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://www.towneycompany.com/privacy-policy and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
- In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services. and provision of beneficial schemes, new offers, and for experience enhancement
- Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
BOOKINGS
- Orders: The Platform permits you to request various Services at a time of your choosing based on available slots. To make a booking. you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional who is able to provide that service at the requested time. If. In the unlikely event we cannot find a Service Professional for the specific timeslot, we will contact you to find an alternative time.
- Confirmation: Once you place a request we will provide confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service Professional has been identified for the requested Services, you shall receive confirmation in App or via SMS, email or a push notification.
- Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. cancellation policy sets out Applicable fees.
- Substitution: In case of the unavailability of, or cancellation by a selected Service Professional, we will offer you a substitute of the Servic Professional from among our registered Service Professionals
PRICING, FEES, AND PAYMENT TERMS
CUSTOMER CONDUCT
- We prohibit discrimination against Service Professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Pro Services based on any of these characteristics.
- We request that you treat all Service Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Services. Service Professionals shall be entitled to refuse to perform Pro Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to Services at our absolute discretion if you behave towards any Service Professional in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
- You agree that you will be liable for discriminating against Service Professionals or for any failure, Intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Services or impact the Services Professional's health, safety, or well-being, to Us and the Service Professional.
THIRD PARTY SERVICES
- You agree that in the event a Service Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident, to grievance@towneycompany.com at the earliest but in any event within 48 (forty eight) hours of such incident.
- The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party ("Third Party Services) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are t sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk
- The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party ("Third Party Services) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are t sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk
OUR INTELLECTUAL PROPERTY
- All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non licensable, revocable, and limited license to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Towney Company or Towney Company licensors.
- We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time ("Feedback"). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
- Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or license to, our or any third party's intellectual property rights.
Miscellaneous Provisions
- Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.
- Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
- Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that Would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any third party without any prior notice to you.
- Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to legal@towneycompany.com.
- Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
- Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, Including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction