Terms and Conditions
Last updated: December 14, 2024
These terms and conditions (“Terms”) govern the use of services made available on or through WhatsApp platform and/or website “https://www.dayzi.in” and/or the mobile app and/or on call booking (collectively called “Platform”, and together with the services made available on or through the Platform, called “Services”). These Terms also include our privacy policy, available at https://www.dayzi.in/privacy-policy (“Privacy Policy”), and any other guidelines, additional, or modification in terms, policies, and disclaimers made available or issued by us from time to time (“Updates”). The Privacy Policy and the “Update” form an integral part of these Terms. In the event of a conflict between these Terms and the “Updates” with respect to applicable Services, the “Updates” will prevail.
The Terms constitute a binding and enforceable legal contract between Dayzi (currently a Sol prop firm) (“Dayzi”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books our Services (defined below) on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.
1. SERVICES
- The Services include the offering of the Platform that enables you to arrange and schedule different home-based services directly with Dayzi or third-party appointed by Dayzi. As a part of the Services, Dayzi compensates their on-roll partners directly as per the service agreement OR facilitates the transfer of payments to partners for the services they render to you and collects payments on behalf of such Service.
- The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India.
- A key part of the Services is Dayzi’s ability to send you text messages, electronic mails, IVR or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting Dayzi at support@dayzi.in or through the in-Platform settings, you agree and acknowledge that this may impact Dayzi’s ability to provide the Services (or a part of the Services) to you.
- In certain instances, you may be required to furnish identification proof to avail the Services and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services.
2. ACCOUNT CREATION
- To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your phone number, Name, Location, and Address. To create an Account, you must be at least 18 years of age.
- You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account.
- You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account.
- You agree to receive communications from us regarding (i) requests for payments, (ii) service confirmation and authentication (iii) promotional offers (iv) any other matter in relation to the Services.
- You agree that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information.
3. USER CONTENT
- Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
- As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Partners and you agree and acknowledge that Service Partners may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Partners are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
- You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (i) 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, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws.
- In connection with these Terms and the licences granted under this clause, you hereby waive any claims arising out of any moral rights or other similar rights relating to the User Content.
- You agree and acknowledge that Dayzi may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms.
4. CONSENT TO USE DATA
- You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://www.dayzi.in/privacy-policy and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
- In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third-party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
- Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
5. BOOKINGS
- Orders: The Platform permits you to request various Services at a time of your choosing based on available slots. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Partner who is able to provide that service at the requested time. If, in the unlikely event we cannot find a partner for the specific timeslot, we will contact you to find an alternative time.
- Confirmation: Once you place a request we will provide confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service Partner has been identified for the requested Services, you shall receive confirmation in App or via SMS, email or a push notification.
- Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. Dayzi’s cancellation policy sets out applicable cancellation fees.
- Substitution: In case of the unavailability of, or cancellation by a selected Service Partner, we will offer you a substitute of the Service Partner from among our registered Service Partners.
6. PRICING, FEES, AND PAYMENT TERMS
- Dayzi reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform.
- Charges and Fees in respect of Services:
- The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Services, as specified by Dayzi.
- Taxes: All Charges and Fees are subject to applicable taxes.
- Dayzi reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.
- Charges and Fees that you pay are final and non-refundable, unless otherwise determined by Dayzi or required by the applicable laws. Under certain circumstances, you may be entitled to a refund or other remedies for a failure in delivering Services. Under any circumstances user carry right to dispute maximum amount of what has been paid in order to get the underlying services only.
- You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Dayzi will use reasonable efforts to inform you of the Charges and Fees that may apply.
- Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
- Cancellation: You may elect to cancel your request for services from a Service Partner at any time prior to such Service Partner’s arrival, in which case you may be charged a cancellation fee in accordance with Dayzi’s cancellation policy. Dayzi reserves the right to charge you, or otherwise deduct applicable taxes in respect of such cancellation fee.
- Subscriptions: Dayzi may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide Customers with additional benefits, which may include the ability to avail discounted Services. You agree that subscription packages (howsoever named) shall be subject to additional terms and conditions. You acknowledge that such subscription packages will be subject to additional terms and conditions that will be deemed to be an integral part of these Terms.
- Dayzi does not designate any portion of your payment as a tip or gratuity to the Service partners. Any representation by Dayzi to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for Services.
7. CUSTOMER CONDUCT
- Dayzi prohibits discrimination against Service partners, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Services based on any of these characteristics.
- We request that you treat all Service partners with courtesy and respect, and that you provide them with a safe and appropriate location to perform the Services. Service partners shall be entitled to refuse to perform Services if you have not provided a safe and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to Services at our absolute discretion if you behave towards any Service partners in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
- You agree that you will be liable for discriminating against Service Partners or for any failure, intentional or otherwise, to provide the Service Partners a safe and appropriate location for them to perform the Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Partner to perform the Services or impact the Services Partner’s health, safety, or well-being, to Dayzi and the Service Partner.
- You agree that in the event a Service Partner behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to hr@dayzi.in at the earliest but in any event within 48 (forty eight) hours of such incident.
8. THIRD PARTY SERVICES
- The Platform may include services, partner, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
- We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
9. YOUR RESPONSIBILITIES
- You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
- You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
- In respect of the User Content, you represent and warrant that:
- you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
- you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
- the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
- the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
- the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
- the User Content does not and shall not violate any third party rights; and
- You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services;
- use the Services to transmit any data, or send or upload any material that contains viruses, Trojan, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof;
- engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
- use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms;
- decompile, reverse engineer, or disassemble the Services;
- link to, mirror, or frame, any portion of all or any of the Services; or
- violate applicable laws in any manner.
- You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
- You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
- You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Service Partner from whom you have availed Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Dayzi’s Services independently, without booking the Services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Partners and that this will not preclude you from obtaining services the same as or similar to the Dayzi’s Services through the Platform or other means. You further agree that any potential harm to Service Partners from the non-enforcement of this clause far outweighs any potential harm to you.
10. OUR INTELLECTUAL PROPERTY
- All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Dayzi or Dayzi’s licensors.
- We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
- Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or licence to, our or any third party’s intellectual property rights.
11. TERM AND TERMINATION
- These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
- We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of Dayzi or its affiliates, to access and use the Services, or (D) violate or breach the Community Guidelines, (ii) upon 30 (Thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
- You may terminate these Terms, at any time, for any reason by sending a notice to Dayzi at info@dayzi.in
- Upon termination of these Terms:
- the Account will expire;
- the Services will “time-out”; and
- these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
12. DISCLAIMERS AND WARRANTIES
- The Services are offered strictly on an “as available” and “as is” basis. Dayzi expressly disclaims all warranties of any nature, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, non-infringement, or title. We do not guarantee that the Services will satisfy your expectations or particular needs.
- Any guidance, suggestions, or information provided by Dayzi—whether verbal or written—shall not be interpreted as creating any warranty unless explicitly stated in these Terms.
- Although Dayzi makes reasonable efforts to ensure accuracy in service descriptions and pricing, inadvertent errors may occur, including errors in charges or availability.
- You understand and agree that Dayzi functions solely as a technology-enabled marketplace that facilitates connections between users and independent service providers (“Service Partners”). Dayzi does not itself provide the services. Accordingly, we are not responsible or liable for the execution, quality, timeliness, or completion of any service, nor for any acts, omissions, negligence, or misconduct of Service Partners, including any damage to property or persons. Any service booking results in a direct contractual relationship between you and the relevant Service Partner.
- If you choose to engage, contact, or avail services from a Service Partner outside the Dayzi platform, you do so entirely at your own discretion and risk. In such cases, you waive any protections or remedies available under these Terms.
- Dayzi does not provide any assurance or guarantee regarding the competence, conduct, reliability, suitability, or quality of any Service Partner listed on the Platform.
- You agree to assume full responsibility for all outcomes arising from your use of the Platform and Services. Dayzi shall not be liable for any consequences resulting from such use.
- Dayzi maintains a customer grievance redressal mechanism and will administer it in a fair and reasonable manner on behalf of Service Partners, subject to applicable laws that cannot be excluded.
- To the maximum extent permitted under applicable law, Dayzi, its affiliates, and related entities shall not be liable for any loss or damage arising from:
- your access to or inability to access the Services;
- system failures, interruptions, delays, errors, or security breaches;
- unauthorised access to data, servers, or systems associated with the Platform;
- temporary or permanent unavailability of the Services; or
- loss, corruption, or deletion of user data or content.
- Under no circumstances shall Dayzi, including its directors, officers, employees, contractors, partners, or suppliers, be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, business opportunities, data, goodwill, or any non-monetary losses, even if advised of the possibility of such damages.
- Where liability cannot be excluded by law, Dayzi’s total liability shall be restricted to the commission earned by Dayzi for the specific booking giving rise to the claim. In all cases, Dayzi’s aggregate liability shall not exceed INR 5,000 (Rupees Five Thousand).
- Nothing in these Terms is intended to exclude or restrict any statutory rights or warranties that cannot be lawfully limited under applicable law.
13. INDEMNITY
You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or Services, use of the Services or 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
- These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
- Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by Dayzi. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
15. GRIEVANCE REDRESSAL
- You may contact our designated Grievance Redressal Officer/Nodal Officer with any complaints or queries relating to the Services or these Terms through registered post or through email, details of which are provided below:
Name: Naveen
Designation: Founder
Email Address: info@dayzi.in - We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
16. MISCELLANEOUS PROVISIONS
- Updates to These Terms: Dayzi may revise or update these Terms from time to time at its discretion. Any such changes will take effect immediately once published on the Platform. You are responsible for reviewing the Terms periodically. Continued access to or use of the Platform after updates are posted will be treated as your acceptance of the revised Terms.
- Changes to the Services: Dayzi reserves the right to introduce new features, alter existing offerings, or suspend or discontinue any part of the Services at any time, whether temporarily or permanently, and with or without prior notice. Dayzi shall not be responsible for any impact resulting from such changes.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, the remaining provisions shall remain valid and enforceable. Where possible, any unenforceable portion of a provision shall be severed so that the remainder of the provision continues to apply, unless doing so would defeat the intent of that provision.
- Transfer and Assignment: You may not assign, transfer, sublicense, or otherwise dispose of your rights or obligations under these Terms, including your account, without prior written approval from Dayzi. Dayzi may assign or transfer its rights or obligations under these Terms to any affiliate, successor, or third party in connection with its business or the Services, without requiring notice to you.
- Notices and Communications: Any formal notices or communications addressed to Dayzi under these Terms (excluding routine service-related messages) must be sent via email to info@dayzi.in
- No Third-Party Enforcement: These Terms are intended solely for the benefit of Dayzi and its users. No third party shall have any right to enforce or rely upon any provision of these Terms.
- Force Majeure: Dayzi shall not be liable for any failure or delay in performing its obligations where such failure or delay arises from circumstances beyond its reasonable control. This includes, but is not limited to, natural disasters, acts of government, labor disputes, network or utility failures, civil unrest, war, or compliance with any applicable law or authority directive.