(Last updated 7th September 2024)
1. Platform Usage Terms:
1. Chalo KaamPe Platform’s Terms of use, Cancellation & Refund Policy, Privacy Policy) terms with Customer and Daily Unskilled Worker (‘Worker’) for use of website www.ChaloKaamPe.com (the ” Website”) and “KaamPe Whatsapp application (the “Whatsapp App”). The Website and the WhatsApp App are jointly referred to as the “Platform” owned by KaamPe”. Customer and Worker read these Terms of Use carefully before use the services. If Customer and Worker do not agree to these Terms of Use, Customer and Worker, may not use the services on the Platform. These terms are legally binding on all the concerned parties.
2. The Platform is owned and operated by KaamPe as per laws of India. To these Terms of Use, wherever the context so requires, “Customer and Worker,”, shall mean any natural or legal person who shall transact on the Platform.
3. KaamPe enables transactions on its Platform between participating Workers and Customers, dealing in daily jobs (“Platform Services”). Customer can choose worker from various Workers on the Platform.
4. KaamPe does not exercise control over the Workers and the relationship between the Workers and KaamPe is not that of an agent and principal or employee and employer.
5. Workers are Customer’s independent contractors and are free to determine their timings of work.
2. Services
1. Services cover the provision of Platform, which is maintained to connect, Worker and Customers and associated services.
2. For the use of the Platform, KaamPe may charge a Platform fee (inclusive of applicable taxes whenever not expressly mentioned) determined because of various factors.
3. The services on Platform are provided on ‘as is’ basis without warranty of any kind, express or implied, statutory or otherwise including without limitation of implied warranties of title, non-infringement, or fitness for a particular purpose. Without limiting the foregoing, KaamPe make no warranty that Services will meet requirements and expectations of the Customers, Workers or any other party. While KaamPe strives to provide accurate information, errors may occur from time to time. All the Parties can reach out to KaamPe on email to info@chaloKaamPe.com
4. KaamPe does not own, sell, resell on its own, the services offered by the Workers, and/or does not control the Workers. Customer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, availability, Site location, working time and acceptance of orders by Workers.
3. Terms for access to the Kaam Pe Platform
3.1 Customer and Worker may gain access the Platform by registering on KaamPe and are subject to the KaamPe Policies. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail themselves of the Services. KaamPe reserves the right to terminate Customer and Worker’s access to the Platform if it is brought to KaamPe’s notice that Customer and Worker, are under the age of 18 years. Customer and Worker agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights of any parties.
3.2 KaamPe at times and at sole discretion reserve the right to disable Customer and Worker without any notice.
3.3 As KaamPe is providing Services in the selected Locations/Cities of India, if Customer and Worker, choose to access or use the Platform from or in locations outside select Locations/Cities, KaamPe shall not be responsible for providing Platform services.
3.4 Customer and Worker, shall bear the costs incurred to access and use the Platform and avail the Services, and KaamPe shall not, under any circumstances whatsoever, be responsible or liable for such costs.
3.5 Customer and Worker agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
3.6 KaamPe reserves the right to modify or change these Terms of Use and other KaamPe policies at any time without any notice by posting modified documents on the Platform. If Customer and Worker, comply with these Terms of Use, KaamPe grants Customer and Worker, non-exclusive, non-transferable, limited to access to use the Platform.
3.7 KaamPe reserves the right to suspend/ cancel, or discontinue any services at any time without notice, make modifications and alterations in any or all its services without any prior notice.
4. Use of Platform by Customers & Workers
4.1 All commercial terms are offered by and agreed to between Customers and Worker. The commercial terms include without limitation price of services, applicable taxes, payment terms, date, time, and address of site of service. KaamPe does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial terms between the Customers and Unskilled Daily Workers. The price of the services offered by the Worker are determined by the Worker itself and KaamPe has no role to play in such determination of price in any way whatsoever.
4.2 KaamPe does not make any representation or warranty (such as trustworthiness, identity, etc.) of any of the Workers. Customers and Workers are advised to independently verify the bonafide of each party.
4.3 Disputes if any between Customers and Workers are to be resolved amicably by both the parties themselves or as per prevailing applicable laws and KaamPe will not be party to any disputes and shall not be liable to resolve or compensate, at any point of time.
4.4 KaamPe is not responsible for any unsatisfactory or non-performance of services or breach of any term between the Customers and Workers on the Platform. KaamPe cannot and does not guarantee that the concerned Customers and Workers or honor any transaction concluded on the Platform.
4.5 KaamPe is only operating an online marketplace and assumes the role of facilitator and does not participate at any point of time during any transaction between Customer and Worker. At no time shall KaamPe hold any right, title or interest over the services of Workers nor shall KaamPe have any obligations or liabilities in respect of such contract entered between the Customer and the Worker.
4.6 KaamPe do not approve of unauthorized uses, but by using the Platform Customer and Worker, acknowledge and agree that Kaampe is not responsible for the use of any personal information that Customer and Worker, publicly disclose or share with others on the Platform.
5. Representation by Customer and Worker
5.1 Customer and Worker, use of the Platform shall be solely for Customer and Worker for their personal use. Customer and Worker shall not authorize others to use access. Customer and Worker shall abide by all applicable local, state, national and foreign laws, treaties and regulations including those related to data privacy and transmission of technical or personal data.
5.2 All registration information Customer and Worker, submit is truthful, lawful and accurate and that Customer and Worker, agree to maintain the accuracy of such information.
5.3 Customer and Worker will not use the Platform in any way that is unlawful, or harms to any person or entity.
5.4 Customer and Worker, will not post, submit, upload, distribute, or files that contain a virus or otherwise impair or damage the Platform or any connected network.
5.5 Customer and Worker, will not use another person’s username, password or other account information, or another person’s name, photograph etc.
5.6 Customer and Worker, will not discriminate against any Workers or Customers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age etc. which is deemed to be unlawful under applicable laws.
5.7 Customer and Worker, shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
5.7.1 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing
5.7.2 involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
5.7.3 promotes illegal activities
5.7.4 tries to gain unauthorized access to the Platform
5.7.5 harm minors in any way;
5.7.6 infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets
5.7.7 violates any law for the time being in force.
5.7.8 threatens security or sovereignty of India
5.7.9 is false, inaccurate or misleading.
5.8 Customer and Worker shall not make any negative or defamatory statement(s) or comment(s) about KaamPe or the brand name or domain name used by KaamPe including the name ‘KaamPe’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of KaamPe or Worker or Customer on Platform.
5.9 Customer and Worker shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Platform or related to Kaampe.
5.10 Customer and Worker, hereby expressly authorize KaamPe to) disclose any information about Customer and Worker, to law enforcement or other government officials, necessary in connection with the investigation.
5.11 Customers and Workers may have to provide identity proof at avail the services.
5.12 Customer and Worker shall indemnify, defend at KaamPe’s option, and hold KaamPe (including its representatives, affiliates, associates, employees) harmless from and against any claim, demand, lawsuits, judicial proceedings, losses, liabilities, damages and costs, due to or arising out of their access or use of Services, violation of these terms or any violation of these terms by any third party who may use your Account.
5.13 Access and right to use the services granted under this engagement are not assignable or transferrable, in whole or part.
5.14 Customer and Worker, agree and grant permission to KaamPe to receive promotional SMS, messages and e-mails from KaamPe or allied partners. In case Customer and Worker, wish to opt out of receiving promotional SMS or email please send a mail to info@chaloKaamPe.com
6 Customer terms for KaamPe Platform Service
6.1 The Customer agrees and acknowledges that KaamPe shall not be responsible for:
6.1.1. The availability or unavailability of Workers
6.1.2 The services provided by the Workers including but not limited to services, timeliness suiting Customer and work requirements;
6.1.3 The Worker serving the incorrect services.
6.1.4 The Worker’s services not being up to Customer expectations or leading to any loss, harm or damage to them.
6.2 The details of Worker and price list available on the Platform are based on the information provided by the Workers and KaamPe shall not be responsible for any change or cancellation or unavailability.
6.3 Customers and Workers agree and acknowledge that KaamPe is not responsible for any liability arising out of not providing of services by either party Customers and Workers.
6.4 KaamPe will not be responsible for any delay in the delivery of service by Workers.
6.5 Customer understands that there are certain Workers who may ask for local conveyance to reach to sites to the Customer and the Worker may charge the Customer for such service. KaamPe exercises no control on such service charges and same shall be under the control of Worker alone and hence all or any disputes arising out of such services shall be between Customer and Worker alone. KaamPe shall not be responsible for such services and assumes no liability for disputes arising out of the same.
6.6 Worker’s will provide services on site specified by at the time of placing the Order on the Platform. Customer’s Order will be cancelled in the event of any change of the address and Customer shall not be entitled to any refund for the same. Completion of services in the event of change of the site location shall be subject to acceptance by the Worker or sole discretion of KaamPe.
6.7 The Customer shall undertake to provide adequate directions, information, site details, hazardous activities, legitimate services to complete the services. In the event of no delivery due to any act or omission attributable to Customer, the services shall be deemed to have been delivered to the Customer and all risk and responsibility in relation thereto shall pass to the Customer without being entitled to any refund and they shall be liable to pay to Workers.
6.8 The Customer understands that KaamPe’s and Worker’s liability ends once work has been completed for them.
6.9 Customer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform.
6.10 KaamPe does not offer any refunds against services already completed through Platform.
6.11 Customer agrees that the Services shall be provided through the Platform only during the working hours or working hours agreed by the relevant Workers.
6.12 Customer remains liable to pay the Platform fee and Workers charges (including additional charges if any.
6.13 Prices may change at the time without due intimation and such change of price are at the sole discretion of the Worker for daily charge and KaamPe for Platform fee.
7. Cancellation and refund policy:
7.1 Customer and Worker acknowledge that in the event Customer, commit a Breach, Customer shall be liable to pay the liquidated damages of an amount equivalent to the order value.
7.2 In the cases where KaamPe is either unable to process the order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the any support etc. or any other reason attributable to KaamPe, in such cases, KaamPe shall not charge Platform fee from Customer and Worker.
7.3 Refund, replacement, any other resolution will be with mutual consent of Customer and Worker.
7.4 Any Disputes, with respect Worker, which shall include instances but not be limited to not reaching to site, late reaching, non-performance etc., Customer and Worker, will be required to resolve mutually and KaamPe will have no role in resolution of such disputes.
8. Intellectual Property Rights
8.1 All rights, titles, and interest in, and ot the Platform Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to Kaampe. Subject to compliance with terms, KaamPe grant Customer & Worker a non-exclusive, non-transferable, non-sub licensable, revocable and limited licence to use the Platform Services in accordance with Term and written instructions issued from time to time. An rights not expressly granted herein are reserved by KaamPe.
8.2 Except as expressly stated in the Terms, nothing in these terms should be construed as conferring any right in, or licence to, KaamPe or any third party intellectual property rights.
9 Disclaimer:
9.1 The Worker shall be solely responsible for completion of services to the Customers and in no event, i t shall be the responsibility of KaamPe.
9.2 Orders placed on Platform are bilateral transactions between the Worker and Customer, therefore, KaamPe is not liable to charge or deposit any taxes applicable on such transactions except as required by Laws.
9.3 In addition, although these Terms of Use require Customer and Worker, to provide accurate information, KaamPe do not attempt to confirm. KaamPe do not endorse any Worker.
9.4 Customers and Workers agree that any legal remedy or liability that Customer and Worker, seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused Customer and Worker, harm. Customer and Worker, agree not to attempt to impose liability on, or seek any legal remedy from KaamPe with respect to such actions or omissions.
9.6 All notices, demands, notifications are to be sent to KaamPe on info@KaamPe.in
9.7 No third party shall have right to enforce any of the terms contained herein.
9.8 KaamPe shall not have any liability due to non-availability of the services due force majeure events.
9.9 KaamPe reserve the right, but has no obligation, to monitor the details posted on the Platform. Notwithstanding anything contained above. Customer and Worker remain solely responsible for the details of services Customer and Worker, provide for listing on the Platform. In no event shall, KaamPe assume or have any responsibility or liability for any content posted or for any claims, damages or losses by any party.