Terms & Conditions

These terms and conditions govern the use of services provided on or through the website https://www.namahaum.in and/or the Namahaum mobile app (referred to as the "Platform") and include all services available on the Platform (referred to as the "Services"). The terms also include the privacy policy, which can be found at https://www.namahaum.in/privacy-policy (referred to as the "Privacy Policy"), as well as any additional guidelines, terms, policies, and disclaimers provided by us from time to time (referred to as "Supplemental Terms"). The Privacy Policy and Supplemental Terms are integral parts of these Terms. If there is a conflict between these Terms and the Supplemental Terms regarding the Services, the Supplemental Terms will prevail.

These Terms create a legally binding contract between Namahaum Solutions LLP and its affiliates (referred to as "we," "us," or "our") and you, as a user of the Services or as a legal entity booking Pro Services on behalf of end-users (referred to as "you" or "Customer"). By using the Services, you confirm that you have the legal capacity and authority to agree to and be bound by these Terms. If you are representing another person, you confirm that you have the necessary power and authority to bind that person to these Terms.

By using the Services, you acknowledge that you have read, understood, and agreed to these Terms, as they may be amended from time to time. You also agree to comply with the requirements outlined in these Terms. These Terms replace any prior written agreements between you and us. If you do not agree to these Terms or cannot comply with the requirements, please refrain from using the Services.

1. SERVICES

(a) The Services provided include the Platform, which allows you to schedule and arrange various home-based services with independent third-party service providers called Service Professionals. Namahaum facilitates the payment transfer to Service Professionals for the services they provide and collects payments on their behalf.

(b) The services provided by Service Professionals are referred to as "Pro Services." It's important to note that the term "Services" does not include the Pro Services. Namahaum does not provide the Pro Services and is not responsible for their provision. Service Professionals are solely responsible for the Pro Services they offer through the Platform. They are not employed by Namahaum or its affiliates, nor are they agents, contractors, or partners of Namah Aum. Service Professionals cannot bind or represent Namah Aum.

(c) The Platform is intended for your personal, non-commercial use unless otherwise agreed upon in a separate agreement. Please be aware that the Platform is intended for use within India. If you use the Services or Pro Services in a jurisdiction outside of India, you will be subject to the applicable Namahaum terms and conditions for that jurisdiction.

(d) The Services are offered under various brands owned by or licensed to Namahaum and its affiliates.

(e) One of the key features of the Services is Namah Aum's ability to send you text messages, emails, or WhatsApp messages related to your bookings, utilization of the Services, or as part of promotional and marketing strategies. While you have the option to opt out of receiving these messages by contacting Namahaum or adjusting the in-Platform settings, please note that this may affect Namah Aum's ability to provide the Services to you.

(f) In certain cases, you may be required to provide identification proof to access the Services or Pro Services. By using the Services, you agree to comply with this request. Failure to do so may result in your inability to use the Services or Pro Services.

2. ACCOUNT CREATION

(a) In order to access the Services, you must create an account on the Platform ("Account"). During the Account creation process, you may be required to provide certain details, such as your phone number. Please note that you must be at least 18 years old to create an Account.

(b) You confirm that all information provided in connection with your Account is accurate and will remain true. It is your responsibility to promptly update your Account details on the Platform if any changes or modifications occur.

(c) You are solely responsible for maintaining the security and confidentiality of your Account. If there is any unauthorized use or disclosure of your Account or any other security breach, you agree to notify us immediately.

(d) You are accountable for all activities that occur through your Account, including activities performed by individuals other than yourself. We are not responsible for any unauthorized access to your Account.

(e) By creating an Account, you agree to receive communications from us. These communications may include requests for payments, information about us and the Services, promotional offers and services from us and our third-party partners, and any other relevant matters related to the Services.

3. USER CONTENT

(a) Our Platform may include interactive features or services that allow users with an account to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform ("User Content").

(b) As part of providing effective Services and for quality control purposes, we may request reviews from you regarding Service Professionals. You acknowledge that Service Professionals may also provide reviews about you to us. It is important that you do not knowingly provide false, inaccurate, or misleading information in these reviews. Reviews are used for quality control and to assess the suitability of Customers and Service Professionals on the Platform. If, at our sole discretion, we determine that you are not an appropriate user, we reserve the right to cancel your registration and remove you from the Platform.

(c) By posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the functioning of the Services. Additionally, you grant us the right to use User Content for limited advertising and promotional purposes related to the Services, or as evidence before a court or competent authority under applicable laws.

(d) In connection with these Terms and the licenses granted in this clause, you waive any claims arising from moral rights or similar rights related to the User Content.

(e) You acknowledge and agree that Namahaum may, without notice, remove or restrict access to User Content that, in its sole discretion, violates these Terms.

4. CONSENT TO USE DATA

(a) By using our Services, you agree that we may collect and use your personal data in accordance with our Privacy Policy. You can find the Privacy Policy at https://www.namahaum.in/privacy-policy, which explains the types of personal data we collect or process about you and how we handle such data.

(b) In addition to any consent you provide under the Privacy Policy, you also consent to us sharing your information with our affiliates or other third-party service providers. We may use the information and data related to your use of the Services for various purposes, including providing the Services, conducting analytics, identifying trends, improving the effectiveness and efficiency of our Services, and offering beneficial schemes and new offers to enhance your experience.

(c) In compliance with applicable laws, we may be required by law enforcement agencies, the government, or related bodies to disclose your data in connection with criminal or civil proceedings. In such cases, you understand and agree that we have the right to share your data with the relevant agencies or bodies.

5. BOOKINGS

(a) Placing Orders: The Platform allows you to request various Pro Services at a time of your choice, based on available slots. To make a booking, simply follow the instructions on the Platform and provide the necessary information. We make every effort to connect you with a Service Professional who can provide the requested service at the desired time. In the unlikely event that we cannot find a Service Professional for your chosen timeslot, we will contact you to discuss alternative options.

(b) Confirmation: Once you submit a booking request, we will send you a confirmation via SMS, email, or push notification. Once your booking is confirmed, you will be required to make the payment as per these Terms or the instructions provided on the Platform. Once a Service Professional has been assigned to your requested Pro Services, you will receive confirmation through the App or via SMS, email, or push notification.

(c) Cancellations: If you cancel a booking before it is confirmed on the Platform, you will not be charged. However, please note that Namah Aum's cancellation policy outlines any applicable cancellation fees.

(d) Substitution: In the event that a selected Service Professional is unavailable or cancels, we will offer you a substitute from our registered Service Professionals to ensure your needs are met.

6. PRICING, FEES, AND PAYMENT TERMS

(a) Namahaum reserves the right to charge you for the Services you avail and any other facilities provided on or through the Platform.

(b) Charges and Fees for Pro Services:

(i) When you request Pro Services through the Platform, you will be required to pay the Service Professional the amount indicated at the time of booking, as well as additional charges for any extra Pro Services, out-of-pocket expenses incurred by the Service Professional, and expenses related to the purchase of goods required for the Pro Service ("Charges"). In addition to the Charges payable to Service Professionals, Namahaum may charge you a convenience fee ("Fees") for facilitating the booking and transferring payments to the Service Professional. Please note that the final bill may include additional charges such as a safety fee, warranty fee, insurance fee, or Service Professional welfare fee.

(ii) Namahaum will notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you can make payments for Pro Services using credit cards, debit cards, net banking, wallets, UPI, or cash upon completion of the Pro Service. We reserve the right to modify and restrict the available payment methods. Please note that certain payment methods, such as cash upon completion, may not always be available. If you choose to pay in cash upon completion, you acknowledge that you will be required to pay both Charges and Fees to the Service Professional.

(iii) The Charges and Fees may be payable at the time of booking or upon completion of the Pro Service, as specified by Namah Aum.

(iv) It is important to note that the Charges are payable to Service Professionals, and Namahaum acts as a limited collection agent to collect and transfer the amounts due to them.

(v) Taxes: All Charges and Fees are inclusive of applicable taxes.

(vi) Namahaum reserves the right to reasonably amend the Charges and Fees at its discretion. Any changes in Fees will not affect confirmed bookings made before the revised Fees are published on the Platform.

(vii) Charges and Fees are generally non-refundable, unless determined otherwise by Namahaum or required by applicable laws. Certain laws may entitle you to a refund or other remedies in case of service failure.

(viii) You acknowledge that Charges and Fees may significantly increase during periods of high demand in certain geographical areas. Namahaum will make reasonable efforts to inform you of the applicable Charges and Fees. However, you are responsible for the Charges and Fees incurred under your Account, regardless of your awareness of such charges.

(c) Payment Processors: We may use a third-party payment processor ("Payment Processor") to bill you through your selected payment method. The processing of payments will be subject to the terms and policies of the Payment Processor, in addition to these Terms. We are not liable for any errors made by the Payment Processor. In the event of an unsuccessful payment, the debited amount will be credited according to the Payment Processor's terms.

(d) Cancellation: You can cancel your request for services from a Service Professional at any time before their arrival. In such cases, you may be charged a cancellation fee in accordance with Namah Aum's cancellation policy. Namahaum reserves the right to charge you or deduct applicable taxes for such cancellation fees.

(e) Subscriptions: Namahaum may offer subscription packages for a fee, providing additional benefits such as discounted Pro Services. These subscription packages are subject to additional terms and conditions, which are considered an integral part of these Terms.

(f) Namahaum does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any statement suggesting that tipping is voluntary or included in the payments does not imply that Namahaum provides additional payments to Service Professionals. While you are free to provide additional payment as a gratuity to the Service Professional, it is not obligatory. Gratuities are voluntary.

7. CUSTOMER CONDUCT

(a) Namahaum strictly prohibits discrimination against Service Professionals based on characteristics such as race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other protected characteristic under applicable law. This includes refusing to accept Pro Services based on any of these characteristics.

(b) We expect you to treat all Service Professionals with courtesy and respect, and to provide them with a safe, clean, and appropriate location to perform the Pro Services. Service Professionals have the right to refuse to perform Pro Services if you have not provided a safe, clean, and appropriate location, or if you behave towards them in a discourteous, disrespectful, abusive, or otherwise inappropriate manner. We reserve the right to restrict your access to the Services and Pro Services if you behave towards any Service Professional in a manner that we deem discourteous, disrespectful, abusive, inappropriate, or unlawful.

(c) You are responsible for any discrimination against Service Professionals or any failure, intentional or unintentional, to provide them with a safe, clean, and appropriate location to perform the Pro Services. You must also disclose any information that may affect the Service Professional's ability to perform the Pro Services or impact their health, safety, or well-being to Namahaum and the Service Professional.

(d) If a Service Professional behaves in a discourteous, disrespectful, abusive, inappropriate manner, or violates the law, you are required to report the incident to Contact@namahaum.in as soon as possible, but no later than 48 hours after the incident.

8. THIRD PARTY SERVICES

(a) The Platform may include services, content, documents, and information provided by third parties ("Third Party Services") and may contain links to Third Party Services. You acknowledge that Third Party Services are the sole responsibility of the third party that created or provided them, and your use of such Third Party Services is at your own risk.

(b) We do not make any representations and exclude all warranties and liabilities related to Third Party Services, including their accuracy or completeness. If you choose to use a Third Party Service, you will be governed by the terms and conditions and privacy policy of the third party providing that service. Additionally, all intellectual property rights in and to Third Party Services belong to the respective third parties.

9. YOUR RESPONSIBILITIES

(a) You represent and warrant that all information you provide in relation to the Services and Pro Services is complete, true, and accurate at the time of agreeing to these Terms, and you will keep it updated. We are not responsible for any loss or damage you may incur due to incorrect, incomplete, inaccurate, or misleading information provided for availing the Services or Pro Services.

(b) You shall cooperate with us in defending any proceedings initiated against us due to a breach of your obligations under these Terms.

(i) You own or have obtained all necessary permissions for the intellectual property rights related to the User Content and can grant the licenses under these Terms.

(ii) You are solely responsible for all activities on your account and all User Content.

(iii) The User Content does not violate any other agreements you have.

(iv) The User Content does not violate or infringe upon any intellectual property rights, including publicity or privacy rights, of any person or entity.

(v) The User Content does not contain any harmful files, viruses, or disruptive content.

(vi) The User Content does not violate any third-party rights.

(vii) The User Content does not belong to someone else without proper rights, does not threaten public order or national security, is not defamatory, harmful, discriminatory, or offensive, and does not restrict others from using the Services.

(d) You shall only use the Services as permitted by these Terms. Specifically, you shall not:

(i) Infringe upon any proprietary rights of others, including copyrights, patents, trademarks, or trade secrets.

(ii) Copy, distribute, modify, publish, reproduce, transmit, or license the Services, except as permitted under these Terms.

(iii) Transmit any harmful or malicious content, such as viruses or malware.

(iv) Use any automated device or process to monitor or copy the Services.

(v) Engage in systematic retrieval of content from the Services.

(vi) Use the Services unlawfully, fraudulently, or in a manner inconsistent with these Terms.

(vii) Decompile, reverse engineer, or disassemble the Services.

(viii) Link to, mirror, or frame any portion of the Services.

(ix) Violate applicable laws.

(e) You shall not interfere with or disrupt the Services.

(f) You shall not attempt to gain unauthorized access to the Services, our servers, or any other systems or networks connected to the Services.

(g) You shall not solicit, influence, engage, approach, or encourage Service Professionals to terminate their registration or engagement with the Platform or to provide services independently without booking through your Account. This limitation is necessary to protect the privacy and security of Service Professionals. It does not prevent you from obtaining similar services through the Platform or other means. The potential harm to Service Professionals from non-enforcement of this clause outweighs any potential harm to you.

10. OUR INTELLECTUAL PROPERTY

(a) All rights, titles, and interests in the Services, including all intellectual property rights, are owned by us or licensed to us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable, and revocable license to use the Services in accordance with these Terms and our instructions. Any rights not expressly granted in these Terms are reserved by Namahaum or our licensors.

(b) We may request you to provide suggestions, feedback, or bug reports regarding the Services ("Feedback"). By providing Feedback, you grant us the right to freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction related to your intellectual property rights.

(c) Except as expressly stated in these Terms, nothing in these Terms grants you any rights or licenses to our intellectual property or the intellectual property of any third party.

11. TERM AND TERMINATION

(a) These Terms will remain in effect until terminated as outlined below.

(b) We have the right to restrict, deactivate, or terminate your access to the Services, or any part of it, under the following circumstances: (i) immediately and at our sole discretion if you violate these Terms, cease to be a user of our Services, no longer qualify to access and use the Services under applicable law or our standards and policies, or violate the Community Guidelines; (ii) with 30 days' prior written notice to you; or (iii) immediately for legitimate business, legal, or regulatory reasons.

(c) You have the right to terminate these Terms at any time, for any reason, by sending a notice to Namahaum at contact@namahaum.in.

(d) Upon termination of these Terms: (i) your Account will expire; (ii) access to the Services will be discontinued; and (iii) these Terms will terminate, except for clauses that are expressly or implicitly intended to survive termination or expiration.

12. DISCLAIMERS AND WARRANTIES

(a) The Services are provided on an "as is" basis without any warranties, whether express, implied, statutory, or otherwise. We do not warrant that the Services will meet your requirements or expectations.

(b) Any advice or information obtained from us, whether oral or written, does not create any warranty that is not expressly stated in these Terms.

(c) While we strive to provide accurate information about Pro Services and Charges, pricing errors may occur from time to time.

(d) We are a Platform that connects you with Service Professionals, and we are not liable for any obligations not explicitly stated in these Terms. We are not responsible for the fulfillment of bookings, the performance of Pro Services by Service Professionals, or any acts or omissions of Service Professionals during the provision of Pro Services, including any damage to property. By booking Pro Services through the Platform, you enter into a contract with the Service Provider, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee regarding the Service Professional's performance under that contract.

(e) Soliciting or receiving services from a Service Professional independently is at your own risk, and in such cases, you waive any rights under these Terms.

(f) We do not guarantee or warrant the reliability, quality, or suitability of Service Professionals.

(g) You accept full responsibility for any consequences arising from your use of the Services and Pro Services, and we have no liability in this regard.

(h) We will maintain a complaints management framework on behalf of Service Professionals in accordance with applicable laws.

(i) To the fullest extent permitted by law, we, our affiliates, and related parties disclaim all liability for any loss or damage arising from:

(i) Your use of, inability to use, or availability or unavailability of the Services or Pro Services;

(ii) Defects, interruptions, delays, or communications failures in the operation or transmission of information related to the Services;

(iii) Failure of the Services to remain operational; and

(iv) Loss of User Content or other data in connection with your use of the Services.

(j) In no event shall Namah Aum, its officers, directors, employees, contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, even if advised of the possibility of such damages, arising from these Terms, the Services, your use or inability to use the Services, or any other interactions with another user of the Services.

(k) Our liability is limited to the amount of commission we receive for a particular booking made on the Platform. In no event shall our total liability to you exceed INR 10,000 (Rupees Ten Thousand).

(l) Nothing in these Terms excludes or limits any warranty implied by law that would be unlawful to exclude or limit.

13. INDEMNITY

You agree to indemnify, defend (at our option), and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys' fees) arising from or related to your access to the Services or Pro Services, use of the Services or Pro Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.

14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

(a) These Terms are governed by and construed in accordance with the laws of India. Any disputes or issues arising from these Terms or the use of the Services shall be subject to the exclusive jurisdiction of the courts in New Delhi.

(b) Any controversies, conflicts, disputes, or differences arising from these Terms shall be resolved through arbitration in New Delhi, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a single arbitrator appointed by Namah Aum. The language used in the arbitration proceedings will be English. The parties involved in the arbitration shall keep the proceedings confidential, sharing information only on a need-to-know basis or with legal advisors, unless required by law. The decision of the arbitrator will be final and binding on all parties. Each party will bear its own costs related to the dispute.

15. GRIEVANCE REDRESSAL

(a) If you have any complaints or queries regarding the Services or these Terms, you can contact our designated Grievance Redressal Officer. You can reach out to them through registered post or email using the following details:

Email Address: contact@namahaum.in

(b) We are committed to resolving your complaint within the timelines prescribed by applicable laws.

16. MISCELLANEOUS PROVISIONS

(a) Changes to Terms: These Terms may be revised at any time, and any changes will be effective immediately upon posting on the Platform. It is your responsibility to review these Terms periodically for updates or changes. By continuing to use the Platform after changes have been posted, you are deemed to have accepted the revised Terms.

(b) Modification to the Services: We reserve the right to add, modify, or discontinue the Services (or any part of it) at any time, with or without cause. We are not liable for any such additions, modifications, suspensions, or discontinuations of the Services.

(c) Severability: If any provision of these Terms is deemed unlawful or unenforceable by a court or other competent authority, the remaining provisions will still be in effect. If a part of an unlawful or unenforceable provision can be deleted to make it lawful or enforceable, that part will be considered deleted, and the rest of the provision will remain in effect (unless deleting that part contradicts the clear intention of the clause, in which case the entire provision will be deleted).

(d) Assignment: You cannot transfer, sell, assign, or license your rights, obligations, or covenants under these Terms or your Account without our prior written consent. We may grant or withhold this consent at our discretion, subject to any conditions we deem appropriate. We have the right to assign our rights to our affiliates, subsidiaries, parent companies, any successor in interest of any business associated with the Services, or any third party without prior notice to you.

(e) Notices: All notices, requests, demands, and determinations for us under these Terms (except routine operational communications) should be sent to contact@namahaum.in.

(f) Third Party Rights: No third party has the right to enforce any terms contained in these Terms.

(g) Force Majeure: We are not liable to you if we are unable to perform our obligations or carry on our business due to events beyond our reasonable control, such as strikes, utility service failures, acts of God, war, riots, civil commotion, or compliance with laws or governmental orders.