This Terms of Use agreement was last updated: December 25, 2021. This Terms of Use agreement is effective as of: December 25, 2021.

Modification of Terms & Conditions

Welcome to Serviceday. These Terms of Use (“Terms”) constitute a legally binding agreement between you and Serviceday. You may use our services through our website www.serviceday.in (“Website”) or our mobile application (“Serviceday App”) collectively referred as "Platform" throughout in the terms.

PLEASE READ THE TERMS CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES. .

1. GENERAL

(i) These Terms, together with the Terms of Use, Privacy Policy, IPR Infringement Policy and any other terms and/or conditions and/or policies specifically referred to in our platform, constitute a legally binding agreement between you and Serviceday (all such terms and/or policies and/or conditions together shall be referred as “Covenants”) in relation to your use of the platform.
(ii) These Terms and covenants are documents to be considered as an electronic record as per the provisions of the Information Technology Act, 2000 and Rules issued and/or amended from time to time. These Terms and covenants are considered to be generated by a computer system and on acceptance through registration and/or subscription by users of the platform does not require any physical or digital signatures.
(iii) These Terms and covenants are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. These terms and covenants should be construed in accordance with applicable provisions of Indian Evidence Act, 1872, The Indian Contract Act, 1872, Information Technology Act, 2000, Indian Copyright Act, 1957 and the Consumer Protection Act, 1986. (iv) The platform may be accessed by you only for personal use and as intended through the normal functionality of services available.

2. ACCEPTANCE OF TERMS

(i) By subscribing and/or registering in our website and/or Serviceday App these terms and covenants shall become the binding agreement between you ("you" or "your") and Atclicks Software & Telecom Solutions Pvt Ltd*, a company incorporated under the Companies Act 1956 with its registered office at 6/23, Mullanthottiyil Kothanalloor P.O Kottayam Kerala 686632 ("Serviceday" "we," or "our" or “us”) that governs your use of the search services offered by Serviceday through its website and/or Serviceday App.

* Serviceday is a registered trade mark owned by Atclicks Software & Telecom Solutions Pvt Ltd primarily used for offering online intermediary services under the brand name of Serviceday. Hence anywhere in the Terms & covenants it is used Serviceday the same shall be construed as Atclicks Software & Telecom Solutions Pvt Ltd.

(ii) Your consent at registration and/or subscription and continued use of the Serviceday Platform constitutes your acceptance of and agreement to all of the terms and covenants, as well as any future amendments, revisions and additions to this terms and covenants which we will publish in platforms from time to time without notice.
(iii) If any future changes to these terms and/or covenants are unacceptable to you or cause you to no longer be in compliance with these amendments, revisions and additions, you must deactivate your account, and immediately stop using the Serviceday Platforms.
(iv) We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Serviceday platform as long as you comply with these terms and covenants.
(v) In consideration of your use of our platforms, you represent that you are of legal age (18 years and above) to form a binding contract and are not a person or institution or organisation barred from receiving or providing services under any law in force in India or other applicable jurisdiction.
(vi) We trust you have provided true, accurate and complete information about yourself while registering on our platform to avail and provide the Services and will periodically maintain and promptly update your Registration Data to keep it true, accurate and complete.
(vii) If the information’s provided is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our platforms at any time. Serviceday will not be liable for any act or omission arising from the inaccurate information provided by you to us.
(viii) This Platform is entitled to assign this terms & covenants, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. You agree that these terms and covenants shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
(ix) You agree that neither Serviceday, nor its parents, affiliates or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors and assigns (collectively referred to as “affiliates” ) is responsible or liable for the conduct, acts, or omissions, whether online or offline, of any user of the Serviceday platform and, to the extent permitted by law, you hereby release Serviceday and affiliates from any and all liability, claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Serviceday platform.
(x) You agree that it will be considered discriminatory and Serviceday can deactivate such your/user accounts; if any advertisements and/or contents published is of Serviceday competitors (advertisement for a competitor, link to a competitor's website, etc.); market or targets sex, human trafficking or illegal human organ trafficking; promotes a political party, program, political position or topic, or benefits a specific religion; does not contain a genuine requirement for a service; has the sole purpose of gathering information about the quotes offered by the Service provider on the platform in order to share the information gathered with one or more competitors of same Service providers.

3. DEFINITIONS

Request: All data (information, sounds, photos, design, etc.) that a Client submits online on platform for the purposes of requesting a service.

(ii) Client: Individual or legal entity registered on platform, who submits one or more requests for services using the website and/or Serviceday App. This refers to the service requester.
(iii) Service provider: Individual or legal entity, registered on website and/or Serviceday App, who publishes different types of data (information, sounds, photographs, design, etc.) for the purposes of offering services on Serviceday platform. Service providers are independent business owners being independent contractors of clients and not employees, partners, representatives, agents, joint ventures, independent contractors or franchisees of Serviceday
(iv) User: Individual or legal entity using and/or providing the services via Serviceday platform of website and/or Serviceday App. Clients and Service providers together are referred to as User and/or Users.
(v) Client Account: The account opened by a Client when registering on website and/or Serviceday App, for the purposes of making use of the services offered via the Serviceday platform.
(vi) Service provider Account: The account opened by a Service provider when registering on website and/or Serviceday App, for the purposes of making use of the services offered via Serviceday platform.

4. SCOPE OF SERVICES

(i) The Serviceday Platform is a web- and app-based two-sided marketplace which enables connections between Clients and Service providers. If you agree on the terms of a service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 8 below.
(ii) Serviceday does not perform tasks and does not employ individuals to perform tasks. Serviceday operates as an online marketplace that connects clients with service providers who wish to perform a variety of service.
(iii) Serviceday platform provides technical tools and storage space that enables Service providers on Serviceday Platform to register and to share their Profiles, information about their business and their quotes; and enables Clients to register and to publish their requests for services.
(iv) The information provided by Service providers and Clients via Serviceday Platform belongs to the users and is their sole responsibility. Serviceday declines liability for any information or for the validity of the content displayed on a Service providers account or from/on a Client's account.
(v) Any reference on the Serviceday Platform to a Service provider being credentialed in any manner, such as “reliable,” “great value,” "background checked," “best rated” (or similar language) indicates only that the Service provider has completed a relevant account registration process or met certain criteria as per the Serviceday standards and does authenticate anything else. Any such description is not an endorsement, certification or guarantee by Serviceday of such Service provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service providers whom they select, interact, or contract with via the Serviceday Platform.
(vi) The Serviceday Platform enables connections between users for the fulfilment of Service. Serviceday is not responsible and make no warranties or representation for the performance or communications of users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Service, Service providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any users, or of any ratings or reviews provided by users with respect to each other.

5. SERVICE PROVIDER BACKGROUND CHECKS

Service providers may be subject to a review process before they can register for account in Serviceday Platform, (“Background Checks”). Although Serviceday may perform Background Checks, Serviceday cannot confirm that any user is who they claim to be, and Serviceday cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

6. USER REPRESENTATIONS AND WARRANTIES

(i) You have the right, authority and capacity to enter into this Agreement and will abide by the terms and covenants;
(ii) You will not breach and will comply with the applicable labour law. Each User agrees to comply with the Service Agreement, terms and covenants during the engagement, performance and completion of a Service.
(iii) You agree that service shall only be performed in a location where the Serviceday Platform has a presence.
(iv) You will fulfil the commitments you make to other Users, communicate clearly and be present and/or available at the time you agree upon with your Service provider or client as the case may be, and only utilize the third-party payment service provider specified or approved by Serviceday to make or receive payment for services provided through the Serviceday Platform;
(v) You will act professionally and responsibly in your interactions with other users;
(vi) You will act in accordance with all applicable laws in India, regulations or custom and in good faith while using or accessing the Serviceday Platform;
(vii) You will not use the Serviceday Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services .
(viii) You are entering into this terms and covenants on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this terms and covenants.
(ix) You agree that it is fully and promptly disclosed in writing to Serviceday, you do not have any motivation, status, or interest that Serviceday may reasonably wish to know about in connection with the Serviceday Platform, including without limitation, if you are using or will or intend to use the Serviceday Platform for any journalistic, academic, investigative, or unlawful purpose.
(x) You understand and agree that you will not disclose confidential information of the other User to a third party unless otherwise required by law, statute, rule or regulation, including any subpoena or other similar form of legal process and will take such reasonable steps to inform the user whose confidential information has to be provided at the earliest.
(xi) You shall be responsible for maintaining the confidentiality of your personal and sensitive data or information and you shall be responsible for all activities that occur under your use of Serviceday platform.
(xii) You hereby acknowledge that Serviceday does not supervise, scope, direct, control or monitor a service provider work and expressly disclaims (to the extent permitted by law) any responsibility and liability for the work performed and the service in any manner, condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law and regulation.

7. SERVICE PROVIDERS ADDITIONALLY REPRESENT AND WARRANT THAT:

(i) You are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity while using the Serviceday Platform;
(ii) You are in normal course engaged in an independently established business of the same nature as the services performed for Clients through the Serviceday Platform, and maintain an independent clientele;
(iii) You have the unrestricted right to work in the jurisdiction in which you will be performing services;
(iv) You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking service.
(v) You have any and all insurance required to operate your business and provide your services;
(vi) You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
(viii) You agree that you or your employees will not engage in activity that will defame or spoil the reputation of Serviceday knowingly or unknowingly which lead to deactivation of your account permanently.

8. CONTRACT BETWEEN CLIENTS AND SERVICE PROVIDERS

(i) You acknowledge and agree that a legally binding contract with another user (“Service Agreement”) is formed when you and that user agree for a service.
(ii) You acknowledge that the terms of the Service Agreement include the terms and covenants set forth and accepted on the Serviceday Platform, and any other contractual terms accepted by both the service provider and client and do not expand Serviceday obligations or restrict Serviceday rights under this terms and covenants.
(iii) You acknowledge that Serviceday is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Serviceday and the users.
(iv) You acknowledge that where approved in advance by the Client, Service providers may engage assistants, helpers, subcontractors or other personnel (collectively “Service provider Assistants”). For safety reasons, such Service provider Assistants shall have been registered through the Serviceday Platform. A service provider’s failure to comply with this provision shall be a violation of these Terms and covenants and could lead to removal/suspension from the Serviceday Platform. The service provider assumes full and sole responsibility for the acts and omissions of such service provider’s Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of service provider Assistants, if any, and for all required and applicable tax withholdings as to such service providers Assistants. Clients are responsible for confirming with their Service Provider that any service provider Assistants are registered Service providers on the Serviceday Platform.

9. CLIENTS ADDITIONALLY REPRESENT AND WARRANT THAT:

(i) While using the Serviceday Platform, Clients, in their sole discretion, determine whether they will be present or not when a service is performed. Clients agree that if someone other than them books the service on their behalf or is present in their stead when the service is performed, they are appointing that person as their agent (“Client’s Agent”) and the service provider may take and follow direction from the Client’s Agent as if such direction was given from the Client himself. If you are a Client’s Agent and accessing and using the Serviceday Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms and covenants. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
(ii) The Client shall pay their service provider in full for all services via the Serviceday Platform.

10. PAYMENT

(i) This Serviceday Platform allows for payment for any transaction between Client and Service Provider through the payment gateway which shall be processed through a Nodal Account maintained as per RBI (Reserve Bank of India) guidelines ("payment facility").
(ii) Payment of basic fee has to be paid at the time of booking for service by the client and additional service charges can be made 100% through the Serviceday platform payment facility or paid as cash and/or other electronic payment directly to the service provider.
(iii) Serviceday expressly claims no responsibility of refund for payment made by cash and/or other electronic payment made directly by client to service provider. Serviceday takes no responsibility for money paid to Service Provider without our knowledge or we have no control over payments made in cash and/or other electronic payment made directly to Service Provider other than what is generated as final amount in the Serviceday platform informed through email and/or message services by Serviceday.
(iv) Serviceday will charge a basic fee of [percentage] from the [total amount payable] [initial payable amount at the time of booking] by the client for each service received through Serviceday platform (“Service Charges”)
(v) Serviceday will not charge from Service providers and all such payments received from clients through payment facility will be paid to respective service provider within 7 working days after deduction of service charges and applicable taxes.
(vi) Additional service charges are applicable and required to be paid by the client only if
a) Additional working hours is required to complete the service other than agreed at the time of booking for service
b) Additional equipment’s or materials are required to complete the service, as agreed by both service provider and client
c) Additional person hour(s) is/are required to complete the service, if service provider deems required and agreed by the client
(vii) By providing the payment facility on this Platform, Serviceday is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction. The payment facility provided by this Platform is merely a service as a facilitator for providing an electronic, automated online payment, collection and remittance for the transactions conducted via this Platform and never to be construed a banking service or a financial service or a NBFC (Non-Banking Financial Company).
(viii) All transactions on this Platform are on a principal to principal bipartite contractual obligations between the service provider and client.
(ix) Serviceday reserves the right to store all such information relating to the payment facility in such manner as it deems fit including storage on cloud service or third-party environment. The service provider and the client consent that the information provided by them may be passed on to the banks as and when necessary for processing the payment done through the payment facility. Serviceday will not store and credit/debit card, bank account details in the platform.
(x) The service provider warrants that all information supplied by members of them or their business and / or household in using the Services, including without limitation his name, email address, home address, telephone number, Bank account details (Account Number, name, Account type, IFSC code etc. as and when required), is true and accurate. The service provider absolves Serviceday of financial or other liabilities, if any due to misstatement or errors in the data shared by him/her/them.
(xi) Both Client and Service Provider agree that Serviceday, its affiliates and related entities shall not be liable and will be held harmless and indemnified against any claims / damages arising out of the transaction between the User and the service provider.
(xii) Serviceday reserves the right to refuse to process transactions by service providers with a prior history of questionable charges including without limitation breach of any agreements by service provider with Serviceday or breach / violation of any law or any charges imposed by the Issuing Bank or breach of any policy.

11. REFUND POLICY

(i) Use of the payment facility shall not render Serviceday liable or responsible for any damage, non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the services listed on this Platform.
(ii) In case where the service provider has not provided the service booked by the client and the same is reflected in the Serviceday platform, Serviceday will provide with an alternative service provider for the service at the agreed rate and if not still complied such deducted amount paid by the client at the time booking will be refunded within 7 working days.
(iii) Serviceday will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of Serviceday.

12. SERVICEDAY PLATFORM USAGE

(i) Each User is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. Serviceday cannot and will not be liable for any loss or damage arising from a User's failure to comply with this section, including any loss or damage arising from any Users failure to: (a) immediately notify Serviceday of any unauthorised use of Users password or account or any other breach of security; and (b) ensure that User exits from User account at the end of each session.
(ii) You can review the personal information you provided on Serviceday platform and make any desired changes to the information, or to the settings for your account on this Serviceday platform, at any time by logging in to your account and editing the information on your account page
(iii) You hereby unconditionally authorize / approve Serviceday to reserve the right to publish any and all information provided as part of this Serviceday platform registration and/or subscription, except email address to authenticate the User, to facilitate social networking among its Users.

13. REGISTRATION

(i) In order to become a Serviceday User, you must first create a User account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. Serviceday may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
(ii) Your registration as a User of this Platform or the use of any of the features and services on this Platform either as a registered member or as an unregistered visitor constitutes acceptance of these Terms and covenants. These terms and covenants apply automatically to any new services and / or features introduced on this Serviceday Platform.
(iii) Should you choose the Serviceday Platform to remember you; you accept that cookies shall be placed onto your server computers / device.

14. INTERNET COMMUNICATION PROTOCOL INFORMATION

The communication standards of the Internet industry transmit the URL of the website from which you visit this Serviceday Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Serviceday file logging system automatically logs all of this information in its log files for its analysis.

15. NEWSLETTER SUBSCRIPTIONS

Visitors and Users to this Serviceday Platform may also sign up with their name and email address for a variety of newsletters that this Serviceday Platform produces with various services and products we offer.

16. COMMUNICATIONS

Your calls may be recorded to improve the service experience in the Serviceday platform and for other business purposes. You hereby unconditionally authorize and / or approve Serviceday to record the calls made by you to Serviceday with respect to any services listed on this Serviceday Platform. Serviceday at its discretion may delete such recording from its database within a period of twelve (12) months.

17. APPLICABLE LAW AND DISPUTE RESOLUTION

(i) You agree that Serviceday is only a platform wherein the client and service provider can be brought together and Serviceday itself has no role in the execution or provision of services itself, Serviceday shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. if there is a dispute between users on the platform, or between registered users and any third party, you acknowledge and agree that Serviceday is under no obligation to become involved. in the event that a dispute arises between you and one or more platform users, registered users or any third party, you hereby release Serviceday, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.
(ii) The terms and covenants shall be governed in all respects by the laws of India
(iii) If any dispute, controversy or claim arises out of, or in relation to, or in connection with this terms and covenant or its termination or validity, the parties shall attempt to mutually resolve the same through mediation. However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the arbitration and conciliation act, 1996 (India).
(iv) The arbitration shall be conducted by a sole arbitrator to be appointed with mutual consent of the parties. the place of arbitration shall be in Ernakulam, Kerala, India and it shall be conducted in English. The award of the arbitrator shall be final, conclusive and binding upon the parties.
(v) The courts in Ernakulam shall have exclusive jurisdiction in relation to any dispute arising between the client and the service provider with Serviceday.
(vi) The client and service provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this platform or these terms and conditions must be filed within one (1) year. any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.

18. NO CONFIDENTIALITY

(i) Serviceday may now or in the future permit the data, materials or other communications submitted by you and other users, including without limitation, your Profile, offers, feedback (“Submitted Content”) to be provided to a third party. You understand that whether or not such Submitted Content is published, Serviceday does not guarantee any confidentiality with respect to any Submitted Content.
(ii) You agree that any Submitted Content provided by you for which you authorize to be searchable by registered users who have access to the platform is provided on a non-proprietary and non-confidential basis. You agree that Serviceday shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services in the respective platform.
(iii) You are aware that any information provided by you in the Submitted Content towards locating a service provider who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Serviceday.
(iv) Serviceday may also disclose user information including personal information if Serviceday reasonably believes that disclosure (a) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (b) would potentially mitigate Serviceday liability in an actual or potential lawsuit, (c) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (d) to enforce this terms and covenant (including, but not limited to ensuring payment of fees by users), or (e) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud or vexatious).

19. TERMINATION

(i) Serviceday reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the platform (or any part thereof) with or without notice and in our sole discretion. You agree that Serviceday shall not be liable to you or to any third party for any modification, suspension or discontinuance of our platform services.
(ii) You hereby acknowledge and agree that Serviceday, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, or otherwise terminate your access to or participation in the use of the platform (or any part thereof), or remove and discard any Submitted Content on the platform, immediately and without notice, for any reason, including without limitation, Account inactivity or if Serviceday believes or has reason to believe that you have violated any provision of the terms and covenants. In such case if you have provided a valid email address during registration, Serviceday will notify you via email of any such termination or cancellation, which shall be effective immediately upon Serviceday delivery of such notice via email.
(iii) You may cancel your use of the platform and/or terminate the Terms and covenant with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
(iv) Upon Termination in accordance to (i), (ii) and (iii) of clause 19, Serviceday retains the right to use any data collected from your use of the platform for internal analysis and archival purposes and Serviceday is not obligated to return any Submitted Content by you.
(v) You agree to indemnify and hold Serviceday, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of the Termination in accordance to (i), (ii) and (iii) of clause 19.
(vi) Upon termination without cause by Serviceday or user in accordance with these Terms and covenants, Serviceday shall pay the service provider all undisputed payable amount until the expiry or effective date of termination after deducting such amounts as Serviceday thinks fit towards any claims that Serviceday may have against the Service provider.

20. DISCLAIMER OF WARRANTIES AND INDEMNITIES

(i) You are solely responsible while availing services available from Serviceday platform and agree that services are availed at your own risk.
(ii) You acknowledge and understand that all services listed in the Serviceday platform is on an "as is," "as available" and "whereis" basis without warranty of any kind, either express or implied or statutory, fitness for a particular purpose and Serviceday disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the services listed in the platforms. Serviceday does not warrant that any defects or errors will be corrected; or that the Submitted data and/or any link and/or any hyperlink by the service provider in the Serviceday platform is free of viruses or other harmful components.
(iii) You agree and understand that Serviceday Platform, makes no representations or warranties of any kind, express or implied, as to the information, Content, materials, or products on the platform.
(iv) Your sole remedy for dissatisfaction with this Platform, platform-related services and/or Content or information contained within the platform is to stop using the site and/or its services.
(v) Serviceday strongly recommends to its users to verify all relevant details of service providers prior to availing any products/services from them. Serviceday does not implicitly or explicitly endorse any services provided by the service providers.
(vi) You agree to indemnify, defend and hold Serviceday and affiliates, harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your Content, your use of this Platform, your connection to this Platform, your violation of terms and covenants.

21. LIMITATIONS OF LIABILITY

(i) You as the user of the platforms assumes all responsibility and risk for the use of this platforms and the internet generally.
(ii) In no event shall Serviceday or its affiliates be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (a) access to or use of the platform or any services offered by any service providers via the platform, (b) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or submitted content; (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any user and/or third party; (f) any interruption or cessation of transmission to or from the platform; (g) any errors or omissions in any data, content, information, materials or substance of the platform or submitted content; (h) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or any other dispute that arises between users of the platform; (i) any defamatory, offensive, or illegal conduct of any users and/or third party (j) any use of any data, marks, content, information, materials or substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Serviceday is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
(iii) You understand and agree that the platform may contain links to third-party websites that are not owned or controlled by Serviceday. Serviceday does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. in addition, Serviceday will not and cannot censor or edit the content of any third-party site. By using the platform, you expressly relieve Serviceday from any and all liability arising from your use of any third-party website.
(iv) Notwithstanding anything expressed hereinabove, the maximum liability for Serviceday under this terms and covenants or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
(v) Although this Platform is accessible worldwide, not all products or services discussed or referenced on the Serviceday Platform are available to all persons or in all geographic locations or jurisdictions.

22. FORCE MAJEURE

Neither Serviceday nor you shall be liable to the other for any delay or failure in performance under the Terms and covenants, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters. In the case that force majeure persists for longer than sixty (60) days, the existing agreement and/or contract may be automatically terminated by one of the other of the parties.

23. NOTICE

You agree that Serviceday may provide you with notices, including those regarding changes to the Terms and covenants, by email, regular mail, or postings on the Platforms.

24. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

25. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

26. ENTIRE AGREEMENT

(i) These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
(ii) No waiver of any provision of this these Terms and covenants shall be deemed a further or continuing waiver of such term or any other term, and Serviceday failure to assert any right or provision under these Terms and covenant shall not constitute a waiver of such right or provision.

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