Terms & Conditions

The following terms and conditions apply to all use of the Ybraniumxpert.com website. By placing an order with us you agree to have read, understood and accepted to these terms and conditions. Please note, as these may be subject to change at any time without notice, it is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our terms and conditions, please contact us before use or order placement.

1. Contractual Relationship

These Terms of Use (/Terms/) govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the /Services/) made available by YBRANIUM Private Limited, having its registered office at No 162/1, 2nd floor, 10th block Nagarbhavi, Bangalore 560072 (/YBRANIUM XPERT(YBRANIUM Private Limited)/).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and YBRANIUM XPERT(YBRANIUM Private Limited). If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

YBRANIUM XPERT (YBRANIUM Private Limited) reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and YBRANIUM XPERT (YBRANIUM Private Limited) will post the amended Terms of Use at the domain of www.ybraniumxpert.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

PRIVACY POLICY

YBRANIUM XPERT (YBRANIUM Private Limited) has established a Privacy Policy that explains to users how their personal information is collected and used.

YBRANIUM XPERT (YBRANIUM Private Limited) may disclose users’ personal information to third parties. YBRANIUM XPERT (YBRANIUM Private Limited) may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. YBRANIUM XPERT (YBRANIUM Private Limited) may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.

The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by YBRANIUM XPERT (YBRANIUM Private Limited) and how they may make a privacy complaint.

The Services

YBRANIUM XPERT (YBRANIUM Private Limited) will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as an independent third party provider (/ Service Partner/) access to and use of YBRANIUM XPERT (YBRANIUM Private Limited)’ s mobile applications or websites (each, an /Application/; collectively/) to: (a) arrange and schedule delivery of services with end-users of those services, who have an agreement with YBRANIUM XPERT(YBRANIUM Private Limited) or its affiliates (/Users/); (b) determine the amount to be paid by the Users to you for the services provided by you; (c) determine the maximum and efficient utilisation of your time while using the Services; (d) take measures to maximise your earning potential through use of the Services; and (e) facilitate receipt of payments from Users for services offered by you via the YBRANIUM XPERT (YBRANIUM Private Limited) Platform and generation of receipts for those payments.

No Employment.

The Services are made available solely for your commercial use, unless YBRANIUM XPERT (YBRANIUM Private Limited) has agreed with you otherwise in a separate agreement. You acknowledge that there is no contract of employment between yourself and YBRANIUM XPERT (YBRANIUM Private Limited) and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these Terms or your provision of services to Users. You will not seek and YBRANIUM XPERT (YBRANIUM Private Limited) will not provide any supervision, directions or control over the individual services that you offer to Users. You will obtain and possess at your own cost and at all times, while accessing and using the Services, the necessary approvals/licenses/tax registrations required to offer your services to Users. You have no authority to bind YBRANIUM XPERT (YBRANIUM Private Limited) in any respect. You further acknowledge that YBRANIUM XPERT (YBRANIUM Private Limited) does not provide any of the services that you offer to Users via the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform and that YBRANIUM XPERT (YBRANIUM Private Limited) does not function as a provider of the particular services that you are offering to Users via the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform. YBRANIUM XPERT (YBRANIUM Private Limited) only seeks to provide the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform wherein you and Users can be brought together and has no role in the execution or provision of the services you provide to Users. You are solely responsible for the services that you provide to the Users.

YBRANIUM XPERT (YBRANIUM Private Limited) accepts liability for the Services and Application that it provides to you subject to these Terms.

Licence.

Subject to your compliance with these Terms, YBRANIUM XPERT (YBRANIUM Private Limited) grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your commercial use. Any rights not expressly granted herein are reserved by YBRANIUM XPERT (YBRANIUM Private Limited) and YBRANIUM XPERT (YBRANIUM Private Limited)’ s licensors.

Restrictions.

You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by YBRANIUM XPERT (YBRANIUM Private Limited); (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.

Ownership.

The Services and all rights therein are and shall remain YBRANIUM XPERT (YBRANIUM Private Limited)’ s property or the property of YBRANIUM XPERT (YBRANIUM Private Limited)’ s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner YBRANIUM XPERT (YBRANIUM Private Limited)’ s company names, logos, product and service names, trademarks or services marks or those of YBRANIUM XPERT (YBRANIUM Private Limited)’ s licensors (/Marks/).

Your Use of the Services

  1. Your Use of the Services – Specific terms
    • The yearly subscription plan offered by us covers the following nature of services –
    • The scope of work will include maintenance of switches, mains, electrical fixtures and does not include HT works. Further, the maintenance work does not include digging, trenching, earthing reinstallation works and civil works which are chargeable according to the market rates.
    • Our services cover only electrical work and do not include electronics works.
    • YBRANIUM XPERT (YBRANIUM Private Limited) reserves its right to check the entire circuit of the premises before commencing the service.
    • The service timings shall be between 9 a.m. to 6 p.m. on all days of week excluding Sundays. Service will be scheduled based on the emergency of fault and YBRANIUM XPERT (YBRANIUM Private Limited) will try to complete the work within six hours from the time of complaint registration. 
    • In case if you are not available at the time proposed by YBRANIUM XPERT (YBRANIUM Private Limited) for providing of the service, YBRANIUM XPERT (YBRANIUM Private Limited) reserves its right to schedule the service as per its convenient time within 2 working days of complaint registration.
    • Our services include only inside the house / premise’s maintenance / repair works. Any electricity board (such as BESCOM etc.) related work is not included in our scope of services.  Further, any generators maintenance related work is also not included.
    • You understand that any work relating to Energy Meter is a work of the electricity board and the same would not be undertaken by us.
    • We provide only the services under the subscription plan and if any spare / parts are required to be replaced, the same will be charged separately according to the market rates.
    • You shall be present at the time of provision of service and we are not responsible in case of any loss or theft at your premises.
    • You undertake to agree that you will be cautious and you will take necessary safety precautions as instructed by the technicians, at the time of rendering of service and after the completion of service.
    • The subscription once availed is non-refundable and non-transferrable to others.
    • Technicians can shut down the electricity for the purposes of completion of service for any period of time. It will be your responsibility to ensure that all the permissions etc. needed for shutting down of the electricity at your premises is taken / complied with.
    • YBRANIUM XPERT (YBRANIUM Private Limited) is not bound to take any permission from any authority, if necessary. You shall provide full access to the premises as required by our technicians.
    • Any major damage such as accidental damage, damage due to fire etc. is not covered for service within our subscription plan.
    • We shall provide the services based on our technical knowledge of the issues / available solutions for a particular issue / complaint. You shall not force our technician/s in any case to perform any actions that are denied by our technician/s.
    • In a case where the technician/s who have attended the issue are not able to fix the issue in their first visit, YBRANIUM XPERT (YBRANIUM Private Limited) reserves its right to assign and provide a different technician/s within two working days to resolve the issue.
    • You shall ensure the working status of the appliances within your premises before and after the completion of service. YBRANIUM XPERT (YBRANIUM Private Limited) shall not be responsible for any allegations of the damages caused to the appliances after the technician has left your premises. 
    • Once the service is completed, you shall confirm the working condition of the appliances etc. in the documentation format provided by our technician/s.
    • Any damages (including but not limited to damages caused to the circuits of your premises, damages to your appliances, premises, circuits etc. of your apartment, generators, electricity lines, etc.) that are caused on account of the service provided by YBRANIUM XPERT (YBRANIUM Private Limited) would be borne by YBRANIUM XPERT (YBRANIUM Private Limited) only to the extent of INR 10,000. Ybranium shall not be responsible for any additional charges, levy, damage cost, loss etc. either to you, your premises, anyone else’s premises, your apartment, the electricity board or Government etc.
    • YBRANIUM XPERT (YBRANIUM Private Limited) shall not be held responsible for any loss of life either on account of the services provided by YBRANIUM XPERT (YBRANIUM Private Limited) or for any other reason whatsoever.
    • YBRANIUM XPERT (YBRANIUM Private Limited) shall not be held responsible for any unprecedented events such as fire etc. on account of the services performed by YBRANIUM XPERT (YBRANIUM Private Limited).
    • YBRANIUM XPERT (YBRANIUM Private Limited) shall not be responsible for any issues arising out of any alterations to switches, mains, circuits etc. that are carried out in the absence of our express permission.
    • We shall provide the services only at the place or property which is registered at the time of signing of the agreement. YBRANIUM XPERT (YBRANIUM Private Limited) shall not provide service to any other place which is not registered at the time of signing the agreement.  The agreement shall be subjected to only one place and it does not envisage more than one place unless agreed specifically.
    • You shall not harm or abuse or threaten or hurt our technician/s and you owe that you ensure such incidents does not happen to our technician/s. In case of such an event, you understand that, YBRANIUM XPERT (YBRANIUM Private Limited) is free to take necessary actions as prescribed under the applicable laws.
    • You understand that any certification provided by Ybranium regarding the status / working condition of the circuits of your premises is only a reflective of the status / working condition of the circuits at the time when such checking is undertaken by Ybranium. Neither you nor any other party can rely on such certification without the express consent of Ybranium at a future date from the date of such certification.

Accounts.

You must be at least 18 years of age, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to YBRANIUM XPERT (YBRANIUM Private Limited) certain personal information, such as your name, address, mobile phone number and age, as well as valid government issued identification and trade licences (if applicable), government approvals allowing you to offer your services, and/or requisite tax registrations. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.

No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access and use your account and that you will not share your login credentials (i.e., your user’s name and password) with any other person. If it is reasonably suspected by YBRANIUM XPERT (YBRANIUM Private Limited) that you have shared your login credentials or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account, these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.

You may only possess one Account. If it is found that you possess multiple Accounts on the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform, your access to all Accounts on the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform will be permanently revoked without notice.

You hereby expressly acknowledge and agree that you and not YBRANIUM XPERT (YBRANIUM Private Limited) will be liable for your losses and damages (whether direct or indirect) caused by an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of YBRANIUM XPERT (YBRANIUM Private Limited) or others due to such unauthorised use.

You acknowledge that your continued use of the Services is subject to you maintaining a minimum ratings threshold. The ratings threshold for your particular category and your particular city will be communicated to you either through the YBRANIUM XPERT (YBRANIUM Private Limited) Platform or via text message or by an YBRANIUM XPERT (YBRANIUM Private Limited) employee in your city. If your ratings fall below the minimum threshold your access to the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) platform will be temporarily blocked. In the event your ratings fall below the prescribed threshold and your access to the Services is temporarily blocked, you will be required to attend a training session to reactivate your access to the Services.

Text Messaging.

By creating an Account, you agree that the Services may send you text messages as part of the normal business operation of your use of the Services. You consent to receiving such text messages and acknowledge that any steps taken by you to not receive such text messages will affect your use of the Services.

Lead Fee.

You are required to pay a fee (/Lead Fee/) to YBRANIUM XPERT (YBRANIUM Private Limited) in order to be able to accept requests made by Users (/Leads /) for your services. The details required to connect with a User will only be communicated to you after the Lead Fee is paid to YBRANIUM XPERT (YBRANIUM Private Limited). The quantum of the Lead Fee will be based on the aggregate value of the Lead. Lead Fee may be charged as a percentage of the aggregate value of Lead or as a fixed sum. The quantum of the Lead Fee for the particular services offered by you to the User will be communicated to you from time to time or before the communication of a Lead.

Further, to be able provide a lower Lead Fee to you, and to be able to provide you with adequate Leads, YBRANIUM XPERT (YBRANIUM Private Limited) will provide you with a calendar on the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform. You will be required to indicate your proposed availability during a given calendar month on the calendar provided via the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform. This will enable YBRANIUM XPERT (YBRANIUM Private Limited) to determine the most efficient manner in which to send Leads to you.

If a User cancels a request for your services after acceptance of the said request by you and payment of the Lead Fee, the Lead Fee will be refunded to you. The Lead Fee may also be refunded to you in cases where the User is not available at the location at or the time for, which the service request is placed.

If you cancel a request placed by a User after accepting such a request, YBRANIUM XPERT (YBRANIUM Private Limited) shall be at liberty to determine whether or not to refund the Lead Fee to you. You agree that in cases where YBRANIUM XPERT (YBRANIUM Private Limited) determines that the Lead Fee is not required to be refunded to you due to your cancellation of an accepted request placed by a User, you will relinquish the right to make any claims for refund of the Lead Fee.

Account Credits.

You will, at all times, be required to maintain a minimum balance of credits (/YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits/) in your Account to be able to accept service requests placed by Users via the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform. You may further use YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits to purchase Leads, goods and service offered by YBRANIUM XPERT (YBRANIUM Private Limited) to you from time to time. You agree and acknowledge that your use of the Services may be affected if you do not have the requisite YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits in your Account. YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits will be credited to your Account against payment being made by you to obtain the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits.

To ensure maintenance of the deposit (as mentioned in the preceding paragraph) you acknowledge and authorize YBRANIUM XPERT (YBRANIUM Private Limited) to deduct certain amounts from the payments made by the Users to you. The deductions in this regard will be subject to a maximum of INR 10,000 (Rupees Ten Thousand).

To facilitate the payment by the User through the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform, you will be charged a transaction fee by YBRANIUM XPERT (YBRANIUM Private Limited). All payments made by Users will be made to you net of the said transaction fee.

You, additionally, acknowledge and authorize YBRANIUM XPERT (YBRANIUM Private Limited) to deduct relevant amounts towards payment of equated monthly instalments to be paid to Non-Banking Financial Companies (/NBFCs/) when loans have been availed by you from such NBFCs for the purposes of offering services on the YBRANIUM XPERT (YBRANIUM Private Limited) platform. You also acknowledge and authorize YBRANIUM XPERT (YBRANIUM Private Limited) to deduct payments towards advances made by YBRANIUM XPERT (YBRANIUM Private Limited) to you for the use of the YBRANIUM XPERT (YBRANIUM Private Limited) platform. All payments made by Users will be made to you net of the said deductions.

YBRANIUM XPERT (YBRANIUM Private Limited) from time to time in in its own discretion may issue YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits, free of charge, (/Promo YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits/) to your Account and/or may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services subject to any additional terms that YBRANIUM XPERT (YBRANIUM Private Limited) establishes. You agree that all Promo YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits: (i) may not be duplicated, sold or transferred in any manner, or made available to any person other than yourself; (ii) may be disabled by YBRANIUM XPERT (YBRANIUM Private Limited) at any time for any reason without liability to YBRANIUM XPERT (YBRANIUM Private Limited); (iii) are not valid for cash; and (iv) may expire prior to your use.

YBRANIUM XPERT (YBRANIUM Private Limited) reserves the right to withhold or deduct YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) credits or Promo YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits in the event that YBRANIUM XPERT (YBRANIUM Private Limited) reasonably determines or believes that the use of the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits or Promo YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Credits was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Service Partner Provided Content.

YBRANIUM XPERT (YBRANIUM Private Limited) may, in YBRANIUM XPERT (YBRANIUM Private Limited)’ s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to YBRANIUM XPERT (YBRANIUM Private Limited) through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (/Service Partner Content/). Any Service Partner Content provided by you remains your property. However, by providing Service Partner Content to YBRANIUM XPERT (YBRANIUM Private Limited), you grant YBRANIUM XPER T(YBRANIUM Private Limited) worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sublicence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Service Partner Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and YBRANIUM XPERT (YBRANIUM Private Limited)’ s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Service Partner Content or you have all rights, licences, consents and releases necessary to grant YBRANIUM XPERT (YBRANIUM Private Limited) the licence to the Service Partner Content as set forth above; and (ii) neither the Service Partner Content nor your submission, uploading, publishing or otherwise making available of such Service Partner Content nor YBRANIUM XPERT (YBRANIUM Private Limited)’ s use of the Service Partner Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Service Partner Content that is defamatory, libellous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by YBRANIUM XPERT (YBRANIUM Private Limited) in its sole discretion, whether or not such material may be protected by law. YBRANIUM XPERT (YBRANIUM Private Limited) may, but shall not be obligated to, review, monitor, or remove Service Partner Content, at YBRANIUM XPERT (YBRANIUM Private Limited)’ s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. YBRANIUM XPERT (YBRANIUM Private Limited) does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

After you have delivered your services to the Users through your use of the Service, YBRANIUM XPERT (YBRANIUM Private Limited) will facilitate the payment of the applicable amount to be paid by the User to you as your limited payment collection agent. Payment of the amount payable by the User in such manner shall be considered the same as payment made directly by the User to you. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by the User to you are final and non-refundable, unless otherwise determined by YBRANIUM XPERT (YBRANIUM Private Limited).

You retain the right to receive a lower amount as final payment towards the delivery of services by you to a User. YBRANIUM XPERT (YBRANIUM Private Limited) will respond accordingly to any request from you to modify the amount to be paid by a User for a particular service delivered by you to the said User.

You agree and acknowledge that the amount to be paid by a User for the services offered by you may vary based on geographical areas, population density, time periods, demand, weather and traffic conditions, local or national holidays, particular days of the week and other factors that might be determined by YBRANIUM XPERT (YBRANIUM Private Limited) from time to time.

This payment structure and determination of the amounts to be paid by the Users to you is intended to fully compensate you for the services provided by you to the User. YBRANIUM XPERT (YBRANIUM Private Limited) does not designate any portion of the payment received by you as a tip or gratuity from the User. Any representation by YBRANIUM XPERT (YBRANIUM Private Limited) on the YBRANIUM XPERT (YBRANIUM Private Limited) Platform to the effect that tipping is /voluntary, / /not required, / and/or /included/ in the payments made for services provided is not intended to suggest that YBRANIUM XPERT (YBRANIUM Private Limited) provides any additional amounts, beyond those described above. You understand and agree that, while Users are free to provide additional payment as a gratuity to you, the Users are under no obligation to do so. Gratuities are voluntary.

YBRANIUM XPERT (YBRANIUM Private Limited) will, on your behalf, generate an invoice for the services provided by you to the User. The invoice will be raised in your name and sent to the User via the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform and/or any other mode of communication.

Cancellation and Refund policy.

  • Refund policy does apply only to the transaction made through online payment
  • As a general rule Customer shall not be entitled to cancel the Booking once placed. If the customer cancels the Booking, then the payment done through online to be refunded, the Customer can initiate the refund request to us within 24 hours.
  • YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) reserves the right to decide whether to refund the payment will be decided by YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED). Customer can initiate the refund request to us within 24 hours, and once the refund is approved, we will refund the amount within 48 hours and the amount will reflect within 7 working days.
  • The bookings constrained to be cancelled by YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) for reasons attributable to YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED), The refund will be initiated to the customer within 48 hours, and once the refund is approved, we will refund the amount within 48 hours and the amount will reflect within 7 working days. Exclusively applies only for online payments
  • YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) will not be held responsible to refund the payment in the events following:
    1. in the event if the address provided by Buyer is either wrong or falls outside the delivery zone.
    2. failure to contact Service provider by phone or email at the time of Servicing the Order booking.
    3. failure to Provide service due to lack of information, direction or authorization from Customer at the time of Service.

 

Taxes

You understand that YBRANIUM XPERT (YBRANIUM Private Limited) is acting solely as an intermediary for the collection of payments and fees between Users and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. YBRANIUM XPERT (YBRANIUM Private Limited) cannot and does not offer tax advice to you. Further, you understand that YBRANIUM XPERT (YBRANIUM Private Limited) shall not be responsible or liable in any manner in relation to tax liability that you may incur. In case of unregistered housekeeping services (‘HK services’), YBRANIUM XPERT (YBRANIUM Private Limited) shall pay taxes under Section 9(5) of Central Goods and Services Tax Act, 2017, on your behalf. Additionally, any other applicable taxes (whether direct or indirect) that are liable to be deducted on your behalf will be done so by YBRANIUM XPERT (YBRANIUM Private Limited) and the payment due to you from the Users will be net of such deductions towards applicable taxes.

No Discrimination.

YBRANIUM XPERT (YBRANIUM Private Limited) prohibits discrimination against other service providers or users based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any your refusal to provide services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the YBRANIUM XPERT (YBRANIUM Private Limited) platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.

Suspension and Termination

YBRANIUM XPERT (YBRANIUM Private Limited) may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where YBRANIUM XPERT (YBRANIUM Private Limited) reasonably suspects that:

  • you have, or are likely to, breach these Terms; and/or
  • you do not, or are likely not to, qualify, under applicable law or the standards and policies of YBRANIUM XPERT (YBRANIUM Private Limited) and its affiliates, to access and use the Services.

YBRANIUM XPERT (YBRANIUM Private Limited) may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:

  • immediately, where YBRANIUM XPERT (YBRANIUM Private Limited) reasonably suspects that:

o you have, or are likely to, materially breach these Terms; and/or

o you do not, or are likely not to, qualify, under applicable law or the standards and policies of YBRANIUM XPERT (YBRANIUM Private Limited) and its affiliates, to access and use the Services; or

  • where YBRANIUM XPERT (YBRANIUM Private Limited), acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Terms, YBRANIUM XPERT (YBRANIUM Private Limited) may immediately restrict or deactivate your access to the Services if you breach the Privacy Policy and/or Community Guidelines (where applicable) at any time.

You may terminate these Terms at any time, for any reason by informing YBRANIUM XPERT(YBRANIUM Private Limited) either in writing or by visiting YBRANIUM XPERT(YBRANIUM Private Limited)’ s local city office of your decision to terminate.

Effect of Termination

Upon termination of these Terms, your right to participate in the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform, including, but not limited to, your right to offer or purchase services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the YBRANIUM XPERT (YBRANIUM Private Limited) system.

Upon termination, the following shall occur: all licences granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of YBRANIUM XPERT (YBRANIUM Private Limited) data, Marks and other content in your possession or control. You further acknowledge and agree that YBRANIUM XPERT (YBRANIUM Private Limited) shall not be liable to you or any third party for any termination of your access to the YBRANIUM XPERT(YBRANIUM PRIVATE LIMITED) Platform. Upon termination, YBRANIUM XPERT (YBRANIUM Private Limited) retains the right to use any data collected from your use of the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform for internal analysis and archival purposes, and all related licenses you have granted YBRANIUM XPERT (YBRANIUM Private Limited) hereunder shall remain in effect for the foregoing purpose. In no event is YBRANIUM XPERT (YBRANIUM Private Limited) obligated to return any Service Partner Content to you.

Any term which by its nature is intended to survive expiration or termination of these Terms shall survive expiration or termination of these Terms.

Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED /AS IS/ AND /AS AVAILABLE./ TO THE MAXIMUM EXTENT PERMITTED BY LAW, YBRANIUM XPERT(YBRANIUM PRIVATE LIMITED) DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) DOES NOT GUARANTEE YOUR SAFETY WHILE DELIVERING SERVICE REQUESTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Statutory Guarantees.

YBRANIUM XPERT (YBRANIUM Private Limited) does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified, or which cannot be excluded, restricted or modified except to a limited extent, as between YBRANIUM XPERT(YBRANIUM Private Limited) and you by law. However, where such statutory provisions apply, to the extent to which YBRANIUM XPERT (YBRANIUM Private Limited) is entitled to do so, YBRANIUM XPERT (YBRANIUM Private Limited)’ s liability will be limited at its option to:

(a) in the case of a supply of goods:

(i) the replacement of the goods or supply of equivalent goods;

(ii) the payment of the cost of replacing the goods or acquiring equivalent goods;

(iii) the payment of the cost of having the goods repaired; or

(iv) the repair of the goods; and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

LIMITATION OF LIABILITY.

YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) LAP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED)’S REASONABLE CONTROL. IN NO EVENT SHALL YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED)’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.10,000.00 (RUPEES TEN THOUSAND).

YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) WILL MAINTAIN A COMPLAINTS MANAGEMENT FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON YOUR BEHALF, IN A REASONABLE WAY AND IN ACCORDANCE WITH APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold YBRANIUM XPERT(YBRANIUM Private Limited) and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) YBRANIUM XPERT(YBRANIUM Private Limited)’ s use of your User Content; or (iv) your violation of the rights of any third party, including Users (/Losses/).

Your liability under this clause shall be reduced proportionately if, and to the extent that, YBRANIUM XPERT (YBRANIUM Private Limited) directly caused or contributed to any such Losses.

Dispute Resolution

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any / Dispute/). YBRANIUM XPERT (YBRANIUM Private Limited) or its affiliate operates a complaints process to allow you to make complaints about YBRANIUM XPERT (YBRANIUM Private Limited) or Users, and YBRANIUM XPERT(YBRANIUM Private Limited) or its affiliate also manages refunds to you in relation to those complaints. YBRANIUM XPERT (YBRANIUM Private Limited) or its affiliate will operate this complaints process in a reasonable manner.

To raise a dispute, you may first contact an YBRANIUM XPERT (YBRANIUM Private Limited) employee at your local city office. Alternatively, you may also raise your Dispute through the helpline (/Partner Helpline/) provided for the recording and resolution of Disputes.

Disputes may also be raised during focus group discussions that are regularly organised in the cities in which YBRANIUM XPERT (YBRANIUM Private Limited) operates.

You may use any of the above mechanisms to raise a Dispute to challenge or appeal against any decision that has been taken, with regard to your access to or use of the Services, by YBRANIUM XPERT (YBRANIUM Private Limited).

In the unlikely event that a Dispute raised by you is not resolved and you, these Terms shall be exclusively governed by and construed in accordance with the laws in force in India. In the event of an unresolved Dispute, the parties shall first attempt to amicably settle the dispute through Mediation. If the dispute between the Parties cannot be resolved through Mediation within a period of 45 days from the reference of the dispute to Mediation, the Parties may pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. Arbitration will be in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time) and the arbitral tribunal will consist of three arbitrators – one each to be nominated by the parties and the third to be appointed on mutual agreement between the two arbitrators nominated by the parties. The seat and venue of the Arbitration shall be the city in which the dispute arises.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.

Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to No 162/1, 2nd floor, 10th block Nagarbhavi, Bangalore 560072.

Notice.

YBRANIUM XPERT (YBRANIUM Private Limited) may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to YBRANIUM XPERT (YBRANIUM Private Limited) by written communication to No 162/1, 2nd floor, 10th block Nagarbhavi, Bangalore 560072.

Brand Collateral.

You can purchase YBRANIUM XPERT (YBRANIUM Private Limited) Brand Collateral from YBRANIUM XPERT (YBRANIUM Private Limited). While it is not mandatory to do so, to promote trust and safety with Users it is advisable to purchase and use YBRANIUM XPERT (YBRANIUM Private Limited) Brand Collateral while using the Services and fulfilling service requests placed by Users.

Orientation.

Before gaining access to the Services and being allowed to receive Leads you are required to attend an Orientation program at your local YBRANIUM XPERT (YBRANIUM Private Limited) office. The purpose of the Orientation is to enable you to understand how the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform works and to ways and means to maximise your earning potential on the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform.

Use of recommended products.

YBRANIUM XPERT (YBRANIUM Private Limited) will recommend certain products that need to be used by you to deliver services to the Users. This is to ensure your safety as well as that of the Users. Any deviation from the recommended list of products will entitle YBRANIUM XPERT (YBRANIUM Private Limited) to take appropriate measures against you, including but not limited to reduction of credits from your Account, increase of Lead Price and any other measures that YBRANIUM XPERT (YBRANIUM Private Limited) acting reasonably deems fit and in the interest of maintaining the integrity of its business and the YBRANIUM XPERT (YBRANIUM PRIVATE LIMITED) Platform.

General.

You may not assign or transfer these Terms in whole or in part without YBRANIUM XPERT (YBRANIUM Private Limited)’ s prior written approval (which will not be unreasonably withheld). You give your approval to YBRANIUM XPERT (YBRANIUM Private Limited) for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of YBRANIUM XPERT (YBRANIUM Private Limited)’ s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, YBRANIUM XPERT (YBRANIUM Private Limited) or any User as a result of the contract between you and YBRANIUM XPERT (YBRANIUM Private Limited) or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire written agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous written agreements or undertakings regarding such subject matter.

In these Terms, the words /including/ and /include/ mean /including, but not limited to. /