Terms of service

Last Updated: 29-Sep-2021

Welcome to zeali.co.in, the “Site”, which also includes mobile Apps, owned and operated by Zealinx Services Private Limited. The Terms of service stated herein together with   7 any documents they expressly incorporate by reference (collectively, the “Agreement”) constitute a legal agreement between Zealinx services Private Limited (“Zeali”, “We”, or “us”) and individuals (Client or Customer) or Service Providers (Vendors or Service firm providers or Providers or Zeali Providers) commonly represent as “You”.

When You download a Mobile App, sign up for an Account and click to accept the Terms of Service, You hereby acknowledge that You have read and understood the Agreement and agree to be bound by the terms and conditions stated herein. You acknowledge and agree that We may revise and update the Agreement from time to time; all changes or updates to the Agreement are effective immediately when We post them and will apply to Your access to and use of the Site/App.

If You do not want to agree to be bound by the terms of the Agreement, You must not click that You accept the Terms of Use or access or use the Site/App.

By using and accessing the Site/App, You state that, You are at least 18 years old, have the right. You have authority and capacity to enter into this Agreement and abide by the terms and conditions of this Agreement. You are legally entitled to enter into this Agreement. You are not prohibited by law from accessing or using the Site/App. If You cannot state that the foregoing are true, You may not use or access the Site/App or purchase any services provided by Zeali. Without limiting the foregoing, the Site/App is not available to anyone under the age of 13 and if You are under the age of 13, You may not use the Site/App under any circumstances or for any reason. You agree to immediately notify Zeali of any change in Your eligibility to use the Site/App. We may change the eligibility requirements for the Site/App at any time or refuse to offer the Site/App to any person or entity.

The Site/App is a Venue. The Site/App provides a venue for Clients to request a Service professional (“Vendor(s)”) in order to provide solutions for their problems or issues and fixing the issues (“Vendor Services”). The Vendors include individuals or Service firm providers that You identify to Zeali. In accordance with the terms of this Agreement, Zeali evaluates Service Providers for the purpose of providing the Services and may provide certain booking, payment management and other services in connection to their Provided services and does not provide, refer, place, offer or seek to obtain employment or engagements for any Providers.

Zeali shall evaluate each Vendor as follows, Zeali shall interview each of the Vendor, order a background check of Vendor’s adult criminal history through a third party or online-only criminal background verification service and check all references provided by vendor, Zeali require verification that the Vendor is eligible to work along with Zeali’s Service network. You understand and agree that background checks ordered by Zeali are in compliance with the state and Indian laws and as such the number of years for which a background check will provide results may vary; Zeali will have no liability if a background check fails to report criminal history not included in a report due to such limitations. Notwithstanding the foregoing, Zeali does not screen or independently verify the training, experience, or other resume details of Vendors. Zeali does not guarantee, endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided on Verification, and reject Vendors on the basis of criminal history that only includes violations of Indian laws. Any inaccuracies or disputes regarding information contained in a background check report must be addressed with the Verification Service that provided the report. Please note that Verification Services may be incomplete, not up-to-date, and may not provide all information about a Vendor that may be relevant to You. While We agree to evaluate Vendors as described in this Section, We make no further representations about any Vendors; accordingly, You ‘here represent as customer’ should take and are responsible for any additional actions as You feel are appropriate to evaluate a Vendor’s background and fitness to provide the Services. You further acknowledge and agree that Zeali does not provide any Verification Services with respect to or otherwise evaluate the Service firm, and that You are solely responsible for the Service firm Providers.

Zeali does not employ any Vendors. It is important that You understand that Vendors represents Zeali are, at all times, independent contractors and are not employed by Zeali and Service firm providers are independent contractors of their own company and are not employees of Zeali. Zeali is not an employment service and does not serve as an employer of any Vendor. As such, You understand and agree that because Zeali cannot control the behavior of Service providers, Clients and Providers must resolve any issues, disputes or concerns directly with each other, except for any issues regarding payments. You agree to hold Zeali harmless from any claims or liability that may arise from any disputes between You and Providers. If requested by Zeali, Vendors agree to provide Zeali with such identification documents (including copies of licenses) or other information as may be needed or requested by Zeali.

Without limiting any of the terms and conditions stated herein, as a condition of Your access to and use of the Site/App, You agree that:

  • You will only use the Site/App for lawful purposes.
  • You are responsible for all of Your activity in connection with the Site/App.

You agree not to:

  • You will not use the Site/App for any purpose that is prohibited by this Agreement.
  • You will not use the Site/App to cause nuisance, annoyance or inconvenience; You will not try to harm the Site/App in any way whatsoever.
  • You will only use the Site/App for Your own use and will not resell Your account to a third party.
  • You will not attempt to bypass, circumvent or attempt to bypass or circumvent any measures We may use to prevent or restrict access to the Site/App.
  • You will not run any form of auto-responder or “spam” on the Site/App, use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site/App, or harvest or scrape any content from the Site/App.
  • Accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access.
  • Post, publish or transmit any messages that is false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another’s privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste,
  • Upload or post otherwise make available any content that You do not have a right to make available, under any law or under contractual or fiduciary relationships.
  • Collect screen names and email addresses of members for purposes of advertisement, solicitation or spam are prohibited.
  • Print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or User Information of any User other than You.
  • Infringe on any intellectual property rights of any person and/or retain information in any computer such as attempt to gain unauthorized access to any portion or feature of the Website/App, or any other systems or networks connected to the Website/App or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means.
  • Probe, scan or test the vulnerability of the Website/App or Services or any network connected to the Website/App or Services or breach the security or authentication measures on the Website/App or any network connected to the Website/App or Services.
  • Use any automated systems to extract data from the Website/App.
  • Infringes any patent, trademark, copyright or other proprietary rights.
  • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • Contains photographs or images of another person, unless You are that person’s parent or legal guardian.
  • Contains others’ copyrighted content unless You have written permission from the copyright owner.
  • Contains or discloses another person’s personal information without his or her written permission or collects or solicits another person’s personal information for commercial or unlawful purposes.
  • Implies that the Content is in any way endorsed or sponsored by Zeali.
  • Give false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable.
  • Use scripts, bots or other automated technology to access the Site/App.
  • Attempt to circumvent Zeali’s messaging tools or booking platform, or attempts to avoid applicable Zeali fees.

The main feature of the Site/App allows You ‘here represent as customer’ to request a Vendor to provide services at an instant time and on the date. After You set up an Account (as described below) You will be able to book a service by choosing Your own vendor that fits for the service and will be contacted by the Service Providers for the purpose of finalizing the request and arrive at Your residence, inspect the scope of required services and quote a final fee for the same (“Transaction Fee”). You may then proceed to accept or reject the offer and in case of accepting the offe, You can avail the services from the Provider offers (“Transaction”). You should be able to provide all the information that required for service; if You do not provide all of the required information, Providers may not be contacted by Zeali or through the Site/App.  There is also an option for schedule booking on the services, where the Client can book service on their convinient date and time, vendor can accept or reject, in case of accepting the request, vendor will contact back the Client before the scheduling time to reconfirm the order. Client or Vendor can share more information for the enquired services either by calling or chatting. 

In order to secure a Vendor Appointment with Zeali, You must create an account with Zeali (“Account”). When creating an Account, You agree to provide true, accurate, current, and complete data about Yourself (“Your Information”). You agree to promptly update Your Information if any of Your Information changes to keep it true, accurate, current, and complete. Each user may only have one Account with Zeali, and You may not create multiple Accounts for one individual. If You create multiple accounts for the same individual or do not keep Your Information accurate and current, We may suspend Your access to and use of the Site/App, deactivate Your Account(s), and/or terminate this Agreement. You are solely responsible for maintaining the confidentiality of Your Account and Your Information, and, except as otherwise required by applicable law, You are solely responsible for any use of Your Account, whether or not You authorize that use. Your Account is for Your own personal use, and You may not permit anyone else to use Your Account. The Site/App is intended to be used by people who want to find, select, review and connect with Providers so they can receive Vendor Services; any use of this Site/App for any other purpose, (including but not limited to using the Site/App or information obtained from the Site/App to solicit, advertise to or contact Providers or other Clients for any other purpose) is prohibited. You may never use another person’s Account for or in connection with setting up a Vendor Appointment without permission. You agree to immediately notify us of any unauthorized use of Your Account or any other breach of security related to Your use of the Site/App. While You may authorize others to use Your Account for Your benefit, You may not assign or otherwise transfer Your Account to any other person or entity. Further, You authorize Us to Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website/App were accessed; Either directly, or through third parties, verify and confirm Your User Information; We Contact You using Your User Information, including for marketing and promotional calls; and Share Your User Information with Providers who may use the same to contact You, including on Your mobile phone no.. Subject to the above, and Your compliance with these Terms of Use, We grant You a non-exclusive, revocable, limited privilege to access and use this Website/App and the Services. We collect personal information, non-personal information, and data regarding Your usage of the Site/App.as per privacy policy. You agree to make use of the Site/App and Services for their intended purpose in a bona fide manner.

We care about the privacy of our users. You understand that by using the Site/App and the Services You consent to the collection, use and disclosure of Your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have Your personally identifiable information collected, used, transferred to and processed in India. As noted in above, You understand and agree that We will collect and share Your personal information with Providers that You hire through Zeali. We will only share Your personal information with third parties for the purpose of providing the services You purchase through Zeali. We care about the integrity and security of Your personal information; hoWever, You understand and agree that We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk and as further described in our Privacy Policy. You may from time to time receive personal information and Geo location about Providers. Any personal information You receive may only be used for the specific purpose it was provided to You in connection with the Site/App and the Services. Zeali Providers may not contact Clients or Suppliers and Clients or Suppliers may not contact Zeali Providers for any purpose other than asking a question, providing information, or making arrangements related to an service or product orders. By providing us with Your mobile phone number when You sign up for the Site/App and create an Account, You are expressly opting-in to receive SMS and text messages from us relating to the Site/App.

Once a Vendor accepts Your request for a Service Appointment, it can be cancelled any time before 24 hours prior to the start time on schedule service with free of cancellation cost either by Client, Vendor or Supplier. Once the service request accepted by Vendor, then it should not be cancelled by any case unless on emergency, otherwise a minimum guarantee amount will be deducted from Vendors account. Although We understand that plans change, if You cannot honor a Service Appointment and either are not present at the provided address for Your Service request or cancel within 2 hours for scheduled service or before the service start time on instant service, You will be charged for 10% of the Minimum fixed cost on the service that would be a due amount for the Vendor assignment.

The product order will be taken directly by Us from the client. In case of cancellation of any Made To Order product (“MTO”) within 24 hours of placing the order, a full refund will be initiated. Post the 24-hour window, You will be charged 25% of the order value as a restocking fee. Cancellation on Post-delivery/installation (as applicable), You will be charged 100% of the order value for cancellation. Considering present scenario, all cancellations, returns & refunds shall be taken up on a case-to-case basis. Late cancellations and missed Vendor Appointments may be associated with Your Account; to maintain a high level of service for all Clients, Vendors, Accounts with multiple late cancellations and/or missed Vendor Appointments may be deactivated. If You believe that a late cancellation and/or missed Service Appointment has been erroneously associated with Your Account, You may dispute it by contacting us at info@Zeali.co.in.

In order to use the Site/App for online payment, You can able to add amount on wallet via Razorpay or credit/debit card (“Payment Method”). We may link Your Payment Method to Your Account, but We do not store Your Payment Method information; it is stored by our third-party payment processors. By providing Your Payment Method, You state that You are legally authorized to provide such information to us; and You are legally authorized to perform payments from such debit and/or credit card accounts. You acknowledge and agree that We may use certain third-party vendors and service providers to process payments, manage and store Your credit and/or debit card information, as Well as to detect and prevent fraud. There is an option to use Zeali wallet for payment method where You can add the balance through Your credit or debit cards. When You use the Site/App to secure a service order, You are agreeing to pay the Minimum Payment or fixed charges along with convenience charges that such Vendor provides the services to You though our Zeali wallet or credit/debit card. The wallet can be recharged at anytime by Your credit card or debit card. Once the order completion is confirmed by both the parties as Client and Vendor, it may required to pay additional amount by Client to vendor on a mutual agreed basis before the service starts.  If Your credit/debit card cannot be charged or the proper funds are not remitted for the Services for any reason, You understand and agree that We may take all available legal actions against You, including utilizing collection services. Zeali shall timely remit all amounts due to a Vendor once a service order is successfully completed and the completion of such orders are confirmed by the Vendor. If You believe that a Vendor has incorrectly reported the service or product cost, You may contact Zeali at info@Zeali.co.in. Zeali will independently investigate any claim reported by a Vendor is incorrect or that a Client has been billed incorrectly. Zeali will make all such investigations in good faith; any determinations made my Zeali with regard to claims described in the foregoing sentence are final and You agree to remit the amounts requested by Zeali within one (1) day of Zeali notifying You of its determination. Except to the extent the law requires us to take on the following responsibilities, Zeali is not responsible or liable for any payments authorized through the Site/App using Your Payment Method, or any errors made by our payment processor. We shall correct any errors or mistakes made by our third party payment processor, even if payment has already been requested or charged to Your Payment Method. You understand and agree that the processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processors, in addition to this Agreement. The terms of Your payment will also be based on Your Payment Method and may be affected and determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. The Website/App is a platform which enables Users to interact with Providers  and any transactions between Client and Vendor  are strictly bi-partite. We are not and cannot be a party to, or control in any manner, any Transaction between Client and Vendor. We shall not and are not required to mediate or resolve any disputes or disagreements between the Client and Vendor. Accordingly, We will not be liable for any loss or damage incurred as the result of any such transaction. While interacting with any Provider found through the Website/App or through the Services, We strongly encourage You to exercise reasonable diligence as You would in traditional off line channels and practice judgment and common sense before committing to any Transaction or exchange of information. You understand that there is no guarantee of a satisfactory response or any response at all to Your request for services of Providers. By opting to avail of Service providers, You acknowledge that We will not be responsible for the quality or accuracy of the results of these procedures.

Once a service has been completed, We may email You a receipt to the email address associated with Your Account in case of request otherwise it will be stored in site/app itself. Please retain a copy of this receipt for Your records. We will not provide receipts to Providers, but Providers may have access to their payment history through our third-party payment processor. Zeali is an aggregator for all purposes on service linking and not Your agent.,  Zeali is not liable for any payments through the Site/App that are not completed because of Your debit or credit card does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of Your debit or credit card account, You have not provided  with correct credit or debit card information, Your debit or credit card expired or of circumstances beyond our control that prevent the execution of the transaction. Zeali may create promotional codes, service offer that may be redeemed for payment usage or other features or benefits related to our Site/App, or the Vendor Services, subject to terms that Zeali establishes, including without limitation, on a per promotional code basis (“Promo Codes”). You agree that Promo Codes will be used for the indented audience and purpose and in a lawful manner, may not be duplicated, sold or transferred, unless expressly permitted by us, may be disabled by us at any time or expire, and are not valid for cash. We may suspend Your Account or withhold if We determine that the use or redemption of the Promo Code was illegal or violated the terms of this Section.

You may from time to time provide suggestions, comments or other feedback with respect to the Services either directly to Zeali or through the Site/App (“Feedback”). Vendor, Client and Supplier should agree that all Feedback is and shall be given entirely voluntarily. Feedback, even if designated as confidential by the party offering the Feedback, shall not be deemed to constitute confidential information or to impose any confidentiality or privacy obligations on Zeali. For the purposes of this Agreement, any content, including Your Information, photos, Feedback, or any other data or information that You upload through the Site/App shall be “Content.” We reserve the right to remove any Content that We feel, in our sole discretion, violates this Agreement or Zeali’s guidelines. We shall be free to use, disclose, reproduce, license or otherwise distribute and exploit any Content entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

The Site/App and its entire contents features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Zeali, its licensors or other providers of such material and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. If You wish to make any use of material on our Site/App other than that set out in this section, please contact us at info@Zeali.co.in. This Agreement permits You to use the Site/App for Your personal, non-commercial use only. We grant You a limited, non-exclusive, non-transferable license to view, download and print any content on the Site/App solely for Your personal, non-commercial purposes; and to view any content on the Site/App to which You are permitted access solely for Your personal, non-commercial purposes, and solely as permitted by the features of the Site/App. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site/App or its content except as expressly permitted in this Agreement. If You breach the terms of this Section We may, in our sole discretion, deactivate Your Account or cease to allow You access to the Site/App. No right, title or interest in or to the Site/App or any content on the Site/App is transferred to You, and all rights not expressly granted are reserved by Zeali. Zeali’s name, logo and all related names, logos, product and service names, designs and slogans are our trademarks or its marks and logos of our affiliates, or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this WebSite/App are the trademarks of their respective owners. Other than the non-exclusive license granted to Zeali with respect to Content (described above), Zeali will not acquire an ownership interest in the Content You post.

If the Site/App contains links to other Site/Apps and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Site/Apps or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party Website/Apps linked to this Site/App, You do so entirely at Your own risk and subject to the terms and conditions of use for such Website.

We may terminate Your access to all or any part of the Site/App at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your Account. If Your Account has been terminated by Zeali, You may not re-register without Zeali’s consent (and if You are permitted to re-register, Your previous information and activity, including any fee credits, may no longer be available). If You wish to terminate Your Account, You may do so by emailing us at info@Zeali.co.in. Any fees paid hereunder are non-refundable. Upon the termination of Your Account, You will no longer have access to the portions of the Site/App that require Account registration. If Your Account is terminated, Content You have posted or transmitted (e.g., Reviews or Feedback) may or may not (in our sole discretion) remain on the Site/App. If following the termination or cancellation of Your Subscription and/or account, You continue to access and use other portions of the Site/App, Your use will continue to be governed by these Terms of Service. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, licenses of Feedback, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Inspite of our continuous efforts on improvements of Cyber security implementation to our platform, You understand that We cannot and do not guarantee or warrant that the Site/App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site/App for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the site/app or any services or items obtained through the site/app or on any Website/app linked to it.

The site/app, its content and any services or items obtained through the site/app are used at Your own risk and are provided on an “AS IS” AND “AS AVAILABLE” BASIS, without any warranties of any kind, either express or implied. neither Zeali nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site/app or that any services or items obtained through the site/app will otherwise meet Your needs or expectations. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise.  the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Except to the extent that applicable law requires such liability, the maximum liability of Zeali for direct damages arising out of or in connection with this agreement, the services or any mobile app or other site, whether such liability arises from a claim based upon contract, warranty, including negligence and strict liability, ZEALI SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, ANY MOBILE APP OR OTHER SITE/APP OR OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ZEALI HAS BEEN ADVISED OF SUCH DAMAGES (OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF THIS AGREEMENT.

Use of the Site/App requires Internet access through Your computer or mobile device. You are responsible for all mobile carrier charges resulting from Your use of the Site/App, including from any notifications provided by Zeali in connection with Your use of the Site/App and purchase and use of Appointments. We do not guarantee that the Site/App will be compatible with all devices or will be supported by all mobile carriers. Our site/app may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications; We are not responsible for any delays, delivery failures, or other damage resulting from such problems. From time to time, We may offer new “beta” features or tools with which Clients or Providers may experiment with on the Site/App. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at Zeali’s sole discretion.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and You individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other; there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

No waiver by either party of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

Zeali have and continue to have the right to modify, change or update Terms of service at any time. You can determine when Zeali last modified the Terms of service by referring to the “Last Updated” tag above. You are encouraged to check the Website / App regularly to get updated about Terms of service.

If you wish to access, amend or delete your personal information that is available with us, or if you wish to get more information on the products/service, please register a complaint, or contact our privacy compliance officer winniexavier.m@gmail.com at accordingly.

The Agreement constitutes the sole and complete agreement between You and Zeali with respect to the Site/App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site/App.