The following Terms of Use/Condition   (the “T&C”) is a legally binding agreement that shall govern the relationship with our users &  service provider for services offered by service providers routed through our online mobile application and other platform (if any)  owned and operated by BIDFRAIL TECHNOLOGIES PRIVATE LIMITED (CIN U74999DL2020PTC366646 a company incorporated under the Companies Act, 2013) at Plot Number-42, G/F KH No 7/4, Hari Vihar, Kakrola, New Delhi ,India and/or our subsidiaries and affiliates.

This document is an electronic record in terms of Information Technology Act, 2000 (Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000). This electronic record is generated by a computer system and does not require any physical or digital signatures as downloading the mobile application is acceptance of our terms and conditions. The document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of mobile applications or website as well as other digital platforms.

The terms & conditions contain provisions that govern how claims the user, service provider and Bidfrail have against each other will be resolved. It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or service provider will be resolved via arbitration, unless you opt out of the Agreement to Arbitrate (“Agreement to Arbitrate” as per the Arbitration and Conciliation Act, 1996 of India). If you do not opt out:

• You will only be permitted to pursue claims against us or our service providers on an individual basis, not as a representative action or proceeding and
• You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

It is the responsibility of the user, business partners, or prospective user or business partners, to read the terms and conditions before using our mobile application or  site. If  you do not  expressly agree to all of the terms and conditions, then do not access or use mobile applications or our services.

1. Definitions

Bidfrail Mobile Application is an online e bidding marketplace which enables Users to book the services using e bidding system from persons/legal entities providing services including but not limited to Home Services, Appliance Services, Press Waala, Packers & Movers, Tours & Travels, IT Services, Marketing Services, and Photographers etc.

“Bidfrail” means BIDFRAIL TECHNOLOGIES PRIVATE LIMITED having its registered office at Plot Number-42, G/F KH No 7/4, Hari Vihar, Kakrola, New Delhi, India and any of its subsidiaries, associate companies and duly authorized persons.

“Service Provider” means external person or legal entities offering/rendering          services using this online platform of the Bidfrail as per agreed terms & conditions as updated time to time.

“We”, “Us” and “Our” means the Company and “You”, “Your” and “User” means any person who accesses or uses the Mobile App/ Website or the Services.

“Services” includes services offered after access to our mobile application (“App”), any upgrades of the App, Our call and SMS based services, databases, Interactive Voice Response services and all other services and functionalities auxiliary to our work.

“Information” means information, details, features, functionality, services, and links on the Bidfrail mobile app including ‘ Booking’, ‘Biding’, ‘Workflow’, ‘Service Guide’, ‘Vendor’, ‘Scope of Work’, ‘Careers’ and ‘ revenue model’ etc

2. Amendment to the Terms of Use

Bidfrail may change/modify/amend these Terms of use and policies from time to time as and when required, by updating this document. If a user continues to use the Mobile Application/Website or Services after the posting of changes will mean that you accept such amendments till date of use of the mobile application or website or Services.

• Age restrictions to Access to the Mobile application or website and Services :

You may access the Mobile application or website and the Services only if You are 18 years or older in normal case (or if not, that you have received your parent’s or guardian’s permission to use the site and that your parent or guardian agrees to these Terms on your behalf) and 21 years or older if guardian is appointed by the Court, and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872.

• User Information: You may use the Services through Our Mobile App/website and may be required to sign up for an account using  Sign up Form.  Upon downloading the App, You are required to provide us with your details including your name, address, contact number and email address and then, choose the service you need, including a suitable time for such service After obtaining this information, we will provide you with a list of available service providers and you can choose providers at competitive price of the services offered using e bid system. You may confirm a booking, upon which the relevant Provider will contact you, arrive at your location/address, as per the scope of required as per workflow and final payment for the same (“Fee”) as per agreed revenue model. You may then proceed to accept and avail of the services the Provider offers(“Transaction”). By providing Us with Your User Information, You confirm that:

• The User Information provided by You is accurate and authentic as on date of submission of information ;
  • The mobile phone number provided by You belongs to you or legally in your possession , has been validly acquired under applicable law, and You may be contacted on the number by way of calls or SMS messages or IVR by Us or Our Providers; and
  • You shall immediately notify us of any unauthorized use of Your User Information or any other breach of these Terms of Use or security known to you.
  • Further, You authorize Us to Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device (as case may be) from where the Mobile application or website were accessed; Either directly, or through third parties, verify and confirm Your User Information; Contact You using Your User Information, including for marketing, service and promotional calls; and Share Your User Information with Providers who may use the same to contact you, including on your mobile phone.

Subject to the above, and on your promise of compliance with these Terms of Use, We grant you a non-exclusive, revocable, limited privilege to access and use this Mobile application or website and the Services.

5. Usage Policy

You are responsible for all your activity in connection with Bidfrail mobile application or website. Due to the global nature of the internet, through the use of our network, you hereby agree to  comply with all local rules relating to online conduct and that which is considered acceptable Content. Make sure that you use Bidfrail mobile application or website in a manner that complies with the law of land.

6. Third-Parties Information

Information posted/published by a user or service provider at our mobile application is the sole responsibility of the person or service provider from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any post and you hereby release us from any damages or loss you might suffer in connection with a Post.

• Users/Service Provider on Bidfrail mobile application or website

Your interactions with individuals connected on or through Bidfrail mobile application and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations/service providers or individuals. You agree that Bidfrail shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We cannot guarantee the identity of any Users with access to Bidfrail mobile application or website and are not responsible for which Users gain access to our products and services.

8. Third-Party Content:

Bidfrail mobile applications or website may contain links or connections to third party websites or services that are not owned  or controlled by us. Bidfrail has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, o r practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

9. Indemnity

The Bidfrail is indemnified by service providers for their act of commission or omission. All users and service provider                 herein agree to indemnify   Bidfrail Technologies Private Limited, it’s Directors, our subsidiaries, affiliates, agents, employees, officers, and/or licensors blameless or not liable for  any  claim, damage   or demand   whats so ever may arises for services offered by the service provider , the use of Services or your connection with these Service provider, your violations of the Terms of Use and/or your violation of any such rights of  another person. Service Provider shall be solely liable for all compliances required under applicable laws for service offered by them to the user. User or Service provider agree to indemnify and hold Bidfrail harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (a) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (b) your non-compliance with the applicable laws or (c) your use or misuse of any third-party’s details including GSTIN. Bidfrail has the right to terminate registration from its Platform if a fraudulent activity is identified. Service provider will be held responsible for lapses or illegally or legal compliance including taxation or fraudulent act

10. Terminating Your Account

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Bidfrail has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Bidfrail also allows you to delete or deactivate your account or terminate your registration at any time. In such a case, users understand and agree that it may not be possible to completely delete your content from records or backups, and that your information   may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using Bidfrail mobile application or website.

You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

11. Privacy on BIDFRAIL

Bidfrail takes your privacy very seriously. For the current Bidfrail Privacy Policy, please refer to our privacy policy as available on websites or mobile application platforms. Every registered User’s registration data and information are strictly protected by Bidfrail’s Privacy Policy.

12. Proprietary Rights

Bidfrail here in has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our Software, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or  otherwise make an  attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the  Software in any manner, nature or form, and as such, not to use    any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Bidfrail for use in accessing our Services.

You herein acknowledge, understand and agree that all of the Bidfrail trademarks, copyright, trade name, service marks, and other Bidfrail logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Bidfrail Technologies Private Limited. You herein agree not to display and/or use in any manner the Bidfrail logo or marks without obtaining Bidfrail’ s prior written consent.

13. No Warranties by Company

Bidfrail mobile application or website is provided to you on an “as- is” basis offered by service providers. This means we provide it to you without any express or implied warranties of any kind from Bidfrail including any implied warranties offered by service providers directly without any warranty of any kind from Bidfrail Technologies Private Limited.

14. Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Bidfrail, its affiliates, or its suppliers be liable to you or to any other person for:

1. Any indirect, special, incidental, or consequential damages of any kind, or
2. Any amount, in the aggregate, in excess of the greater of INR 5,000/- (INR Five thousand only)

15. Applicable Law

These Terms are governed by and will be construed under applicable laws of India, without regard to the conflicts of law provisions thereof.

16. Grievances   Redressal Resolution and Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be resolved through following methods:

1. An escalation that will be addressed by company representative
2. Executive escalation that will be addressed by a senior executive of company

Any dispute that remains unresolved through the above mechanism shall be finally settled by arbitration in Delhi as explained in initial paragraphs of policy, in accordance with the Indian Arbitration and Conciliation Act, 1996. For all purposes of these terms including arbitration, you consent to exclusive legal jurisdiction of the HON’BLE courts in West Delhi  District, Delhi  High Court, and Supreme Court of India as the case may be.

17. No Third-Party Beneficiaries & Waiver

As a User, you agree there are no third-party beneficiaries  intended under these terms & Conditions. The failure of either you or us to exercise, in any way, any right herein shall not be deemed  a waiver of any further rights hereunder.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

19. Entire Agreement

You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

20. Violations & Grievances Officer

In accordance with the Information Technology Act (as amended) and rules made there under, the name and contact details of the Grievance Officer are provided below:

Please report any violations of this T&C and/or grievances to Bidfrail as follows:

Mailing Address:

Grievances Officer

Bidfrail Technologies Private Limited, Plot Number-42, G/F KH No 7/4,

Hari Vihar, Kakrola, New Delhi, India

Telephone: +91-9650389676

E-mail: [email protected]

Disclaimer: (Emphasis Supplied)

The user/consumer agrees and acknowledges that the use of the Mobile App/Website is at the sole risk of the user/consumer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and guarantee for any purposes are excluded to the fullest extent permitted by law.

The information contained in this Mobile Application/ Website is for general information or legal purposes only. The information is provided by Bidfrail and while we endeavor to keep the information up to date and correct, we

make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the mobile app or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from commission or omission or damage arising out of, or in connection with, the use of this mobile application or services provided by our vendor.

Through this mobile application you are able to link to other websites which are not under the control of Bid frail. We have no control over the nature, content and availability of information provided. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the Website / Application up and running smoothly. However, Bidfrail takes no responsibility for, and will not be liable for, the mobile Application being temporarily unavailable due to technical issues beyond our control