Terms of Service

1. Definitions

1.1"Account" means the account created by you on the Platform and identified by your mobile number.

1.2"Listing" means a page on the Platform relating to a Vendor, together with all Vendor Content appearing on it.

1.3"Vendor" means any business, establishment or individual service provider whose Listing appears on the Platform.

1.4"Vendor Content" means all information published on a Listing, including business names, descriptions, addresses, service areas, categories, opening hours, rate cards, prices, offers, photographs and any other material supplied by or on behalf of a Vendor.

1.5"Vendor Transaction" means any enquiry, negotiation, engagement, contract, supply of goods or services, or payment between you and a Vendor, whether concluded on or off the Platform.

1.6"User", "you" and "your" mean any person who accesses or uses the Platform.

2. Eligibility and Acceptance

2.1You represent and warrant that you are at least 18 years of age and competent to contract under the Indian Contract Act, 1872. The Platform is not intended for use by minors, and we do not knowingly permit the creation of an Account by a minor.

2.2You represent and warrant that the mobile number you submit to create an Account is a number lawfully held and controlled by you.

2.3Where you access the Platform on behalf of another person, you represent that you are duly authorised to bind that person to these Terms.

2.4Your acceptance of these Terms is recorded together with the version of these Terms in force at the time of acceptance.

3. Nature of the Platform and Our Role

This clause defines the limits of our role and is fundamental to these Terms. It is stated at the front of this agreement rather than among the disclaimers because it is a description of the service and not merely an exclusion of liability.

3.1The Platform is an online listing and discovery service. Its function is to publish Listings and to enable Users to identify and directly contact Vendors operating in their locality. We provide the Platform and nothing further.

3.2We are not a party to any Vendor Transaction. Any contract arising out of your use of the Platform is concluded solely between you and the relevant Vendor, and we acquire no rights and assume no obligations under it. We are not a seller, reseller, supplier, marketplace operator, agent, broker, commission agent, dealer, distributor, booking agent, contractor, employer or guarantor in relation to any Vendor or any Vendor Transaction.

3.3The Vendor is solely responsible for the performance of every Vendor Transaction, including the supply, quality, safety, timeliness, completeness, legality and pricing of the goods or services concerned, the sufficiency of any materials or parts, the conduct of its personnel, the giving and honouring of any warranty or guarantee, the making of any refund, and the holding of every registration, licence, permission, qualification and insurance required by law for the activity in question.

3.4No payment in respect of any Vendor Transaction is made to, collected by, held by, processed by or routed through us or the Platform, and the Platform provides no facility by which such a payment could be made. We do not offer escrow, settlement, booking, reservation, insurance or dispute-resolution services in respect of any Vendor Transaction.

3.5You are strongly advised, before entering into any Vendor Transaction, to satisfy yourself as to the suitability of the Vendor and to agree the terms of engagement directly with that Vendor. In particular, you should settle with the Vendor the final price and its inclusions, any additional or variable charges, the scope of work, the materials or parts to be supplied and by whom, applicable timelines, the method and schedule of payment, and the consequences of defective or delayed performance. Where the value is material to you, you should record those terms in writing.

3.6Nothing appearing on the Platform constitutes an offer, quotation, tender or invitation capable of acceptance by you so as to bind us or any Vendor, and nothing on the Platform constitutes advice, endorsement, recommendation or certification by us in respect of any Vendor.

4. Vendor Content, Prices and Offers

4.1All Vendor Content is supplied by the relevant Vendor. It comprises statements of that Vendor and not statements of ours. We do not originate, adopt, endorse or verify Vendor Content.

4.2A price, rate, offer or discount displayed on a Listing is indicative only. It is not binding upon us, it is not an offer by the Vendor capable of acceptance, and it may be varied or withdrawn by the Vendor at any time without notice to us or to you. You must confirm all prices and commercial terms directly with the Vendor before relying on them.

4.3Prices may legitimately vary from those displayed by reason of matters a Listing cannot capture, including the scale, location, accessibility or condition of the subject of the work, the materials required, and the distance travelled.

4.4We give no representation or warranty as to the accuracy, currency, completeness or availability of any Vendor Content, including opening hours, service areas and stated capabilities.

4.5If you consider any Vendor Content to be inaccurate, misleading, unlawful or infringing, you may notify us at the address in clause 18, giving sufficient particulars to identify it. We may, at our discretion, correct, restrict or remove such content, but we assume no obligation of general or continuous monitoring of Listings.

5. Verification, Ranking and Featured Placement

5.1Where a Listing states that a particular matter has been verified, that statement is confined to the matter expressly described and means nothing beyond it. In particular, verification of a Vendor's mobile number means only that a one-time code was transmitted to that number and correctly submitted.

5.2No verification carried out by us constitutes an assessment or assurance of a Vendor's skill, competence, honesty, qualifications, antecedents, financial standing, licensing, insurance or fitness for any purpose, and no verification constitutes a recommendation.

5.3The order in which Listings appear, and the selection of any Listing for featured or promoted placement, are editorial and product determinations made by us. They do not constitute a representation that any Vendor is superior, safer, more reliable or less expensive than any other.

5.4The decision whether to engage any Vendor, and the responsibility for satisfying yourself as to that Vendor's suitability, rest with you alone. You should exercise the same care as you would in relation to any person you engage to perform work or permit to enter your premises.

6. Accounts and Security

6.1No Account is required in order to view a Listing. An Account is required only in order to use the contact facility, because we record that a request for introduction was made and notify the Vendor accordingly.

6.2Authentication is by way of a one-time code transmitted to your mobile number. You are responsible for maintaining control of that number and of any device on which you remain signed in. Any use of the Platform through your Account is deemed to be your use.

6.3You must notify us promptly if you become aware of any unauthorised use of your Account. You may terminate all active sessions at any time from your account page.

6.4You must not create an Account using a mobile number that is not your own, create multiple Accounts to circumvent any limit or restriction, or permit any other person to use your Account.

7. Permitted and Prohibited Use

You may use the Platform to identify and contact Vendors for genuine enquiries relating to goods or services you require. You must not, and must not permit or facilitate any other person to:

• extract, copy, scrape, crawl, harvest, index, store or reproduce Listings, contact details or any other part of the Platform in bulk, whether by automated means or otherwise, or use any such material to compile, populate or improve any directory, dataset, database or service;
• use any contact details obtained through the Platform to transmit unsolicited commercial communications, marketing, bulk messages or spam to any Vendor;
• impersonate any person, misrepresent any affiliation, or submit information that is false, misleading or not your own;
• interfere with, disrupt, overload or impair the Platform or any network or system connected to it, circumvent any rate limit, access control or security measure, or conduct any vulnerability scan, penetration test or similar activity without our prior written consent;
• submit, transmit or publish any material that is unlawful, defamatory, obscene, threatening, harassing, or that infringes the intellectual property, privacy or other rights of any person;
• use the Platform for any purpose that is unlawful, or in contravention of any applicable law, rule, regulation or direction of a competent authority.

8. Intellectual Property

8.1The AasPaas name and marks, the Platform's design, layout, compilation, text (other than Vendor Content), graphics and underlying software, and all intellectual property rights in them, vest in Wisemove or its licensors. No right, title or interest in any of the foregoing is transferred to you.

8.2Vendor Content remains the property of the relevant Vendor or its licensors and is published on the Platform under licence from that Vendor.

8.3You are granted a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for your own personal, non-commercial purposes in accordance with these Terms. All other rights are reserved.

8.4If you believe that material published on the Platform infringes your copyright, trade mark or other right, you may notify us at the address in clause 18 with sufficient particulars to identify the material and the right asserted, and we shall review the notification.

9. Availability and Changes to the Platform

9.1The Platform is provided on an "as is" and "as available" basis. We do not warrant that access will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or the servers making it available are free of harmful components.

9.2We may at any time and without liability add to, modify, suspend, restrict, discontinue or withdraw the Platform or any part of it, including any Listing, category, locality or feature, whether temporarily or permanently.

9.3We give no assurance that any particular Vendor, trade, category or locality is or will remain listed on the Platform, or that any Vendor will respond to an enquiry made through it.

10. Disclaimers

10.1To the fullest extent permitted by applicable law, and save as expressly stated in these Terms, all representations, warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including as to merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement, are excluded.

10.2Without limiting clause 10.1, we make no representation or warranty in respect of any Vendor, any Vendor Content, or the goods or services supplied or offered by any Vendor.

11. Limitation of Liability

11.1Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, and liability for fraud or fraudulent misrepresentation.

11.2Subject to clause 11.1, and in consequence of clause 3, we shall have no liability whatsoever to you in respect of any loss, damage, cost, expense, injury, delay or dissatisfaction arising out of or in connection with any Vendor Transaction or the acts or omissions of any Vendor, including where goods or services are not supplied, are supplied late, are defective, are unsafe, are charged at a price differing from that displayed on a Listing, or cause loss or damage to person or property. Your remedies in respect of such matters lie against the Vendor alone.

11.3Subject to clause 11.1, we shall not be liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, business, goodwill, opportunity, anticipated saving or data, howsoever arising.

11.4Subject to clause 11.1, our aggregate liability to you in respect of all claims arising out of or in connection with these Terms or your use of the Platform shall not exceed ₹1,000 (Rupees One Thousand). You acknowledge that the Platform is made available to Users without charge and that this limitation is reasonable in that context.

11.5Notwithstanding clauses 11.2 to 11.4, we encourage you to report any Vendor whose conduct falls short of what a Listing led you to expect. A report may result in the demotion, restriction or removal of a Listing, and we would rather receive it than not, but the making of a report creates no liability on our part.

12. Indemnity

12.1You shall indemnify, defend and hold harmless Wisemove, its directors, officers, employees and agents against all claims, demands, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your use of the Platform in contravention of any applicable law, or any content or information you submit through the Platform.

13. Data Protection

13.1Our collection, use, storage, disclosure and retention of your personal data are governed by our Privacy Policy, which is incorporated into and forms part of these Terms.

13.2By using the contact facility on a Listing, you consent to our disclosing to the relevant Vendor the fact of your request and such of your details as are described in the Privacy Policy, for the purpose of enabling that Vendor to respond to you.

14. Suspension and Termination

14.1You may cease using the Platform at any time and may request deletion of your Account in accordance with the Privacy Policy.

14.2We may suspend or terminate your Account or your access to the Platform, with or without notice, where we reasonably believe that you have breached these Terms, that your use is unlawful or abusive, that you have harassed a Vendor or another User, or that you have engaged in the bulk extraction of Platform data.

14.3Clauses 8, 10, 11, 12, 15, 16 and 17 survive termination.

15. Grievance Redressal

15.1Complaints concerning the Platform, any Listing, or any content published on it may be addressed to the Grievance Officer by email at support@aaspaas.co or by telephone at +91 85912 24522.

15.2A complaint should identify the User making it, the Listing or content complained of, and the nature of the grievance. We shall acknowledge and endeavour to resolve complaints within the periods prescribed by applicable law.

15.3Complaints relating specifically to personal data are dealt with under the Privacy Policy, which specifies the same point of contact.

16. Amendment of these Terms

16.1We may amend these Terms from time to time. The date stated at the head of this page identifies the version in force.

16.2Where an amendment materially affects your rights or obligations, we shall bring it to your attention and, where required, seek your acceptance of the amended Terms before you next use the affected feature. Your continued use of the Platform following an amendment constitutes acceptance of it.

17. Governing Law and Jurisdiction

17.1These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation, whether contractual or non-contractual, are governed by and construed in accordance with the laws of India.

17.2The courts at Thane, Maharashtra, India shall have exclusive jurisdiction to settle any such dispute or claim, and each party irrevocably submits to that jurisdiction.

17.3Nothing in this clause restricts any right you may have to approach a consumer forum or other statutory authority having jurisdiction under applicable law.

18. General

18.1These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Platform and supersede all prior understandings in relation to it.

18.2If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.

18.3No failure or delay by us in exercising any right or remedy operates as a waiver of it, and no single or partial exercise precludes any further exercise.

18.4You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer ours to any group company or to a successor in title to our business.

18.5Nothing in these Terms creates any partnership, joint venture, agency, employment or fiduciary relationship between you and us.

18.6We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control.

18.7Notices to us under these Terms may be sent to support@aaspaas.co. Notices to you may be sent to the mobile number registered against your Account or published on the Platform.

19. Contact

Wisemove AI Solutions Pvt. Ltd.

Email: support@aaspaas.co

Telephone: +91 85912 24522

Company website: www.wisemove.ai