terms and conditions

These terms and conditions (“Terms”) govern the utilization of services offered through https://siigmaaircon.in. These Terms encompass our Privacy Policy, accessible at https://siigmaaircon.in/privacy-policy (“Privacy Policy”), along with any guidelines, additional terms, policies, and disclaimers that we may issue periodically (“Supplemental Terms”).

 The Privacy Policy and the Supplemental Terms constitute integral components of these Terms. In the event of a conflict between these Terms and the Supplemental Terms regarding the applicable services, the Supplemental Terms shall take precedence.

By utilizing the Services, you affirm and guarantee that you possess the full legal capacity and authority to consent to and bind yourself to these Terms. These Terms constitute a binding and enforceable legal contract between SIIGMA AIR CONDITIONERS and its affiliates (“SIIAC”, “we”, “us”, or “our”), and you, as a user of the Services, or any legal entity that arranges specialized services on behalf of end-users (“you” or “Customer”). Should you represent another individual or entity, you confirm and assert that you have the requisite power and authority to bind such individual or entity to these Terms.

These Terms explicitly supersede any prior written agreements with you. By using the Services, you acknowledge that you have read, comprehended, and are bound by these Terms, as revised from time to time, and that you will adhere to the requirements stipulated herein. If you do not agree to these Terms or comply with the requirements specified herein, please refrain from using the Services.

1. USER CONTENT

(a) Our Platform may feature interactive services allowing users with accounts to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).

(b) For effective service provision and quality control, we may solicit reviews from you regarding Service Professionals, and you acknowledge that Service Professionals may also provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information in your reviews. We use these reviews for quality control and to determine the suitability of Customers and Service Professionals for 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 our Platform.

(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license 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 operation of, and in connection with, the Services and (ii) use User Content for advertising and promoting the Services or presenting evidence before a court or authority under applicable laws.

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

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

2. Promotional & Credits:

(i) Siigma Air Conditioners (“SIIAC “) may, at its sole discretion, offer promotional codes redeemable for credits, additional features, or benefits related to the Services and/or Pro Services, subject to any applicable terms associated with such promotional codes.

(ii) You agree to use Credits lawfully and solely for the specified purposes. You shall not duplicate, sell, or transfer Credits in any manner (including posting codes on a public forum) without express prior consent. Credits may be disabled by at any time for any reason without liability to you. Credits are not redeemable for cash and may expire before you use them.

(iii) SIIAC reserves the right to withhold or deduct credits, features, or benefits obtained through the use of Credits if SIIAC reasonably determines or believes that the use or redemption of Credits was erroneous, fraudulent, illegal, or in violation of the applicable of Credit terms or these Terms.

3. SERVICES :

(a) The Services encompass the provision of a Platform that enables you to arrange and schedule various home-based services with independent third-party service providers (“Service Professionals“). As part of the Services, SIIAC facilitates the transfer of payments to Service Professionals for the services rendered to you and collects payments on their behalf.

(b) The services rendered by Service Professionals are referred to as “specialized Services.” The term “Services” excludes these specialized Services. SIIAC neither provides nor assumes responsibility for the specialized Services. Service Professionals bear full liability for the specialized Services they offer or provide through the Platform. SIIAC and its affiliates neither employ Service Professionals nor act as their agents, contractors, or partners. Service Professionals do not have the authority to bind or represent SIIAC.

(c) The Platform is intended for your personal and non-commercial use, unless otherwise stipulated in a separate agreement. Should you avail yourself of the Services or specialized Services outside the jurisdiction of India, you agree to adhere to the SIIAC terms and conditions applicable to that jurisdiction.

(d) An integral part of the Services is SIIAC’s capacity to send you text messages, emails, or WhatsApp messages regarding your bookings, use of the Services, or as part of promotional and marketing strategies. While you may opt out of receiving these messages by contacting SIIAC at Connect@siigmaaircon.in or through the in-Platform settings, you acknowledge that opting out may impair SIIAC’s ability to provide certain aspects of the Services to you.

(e) In certain circumstances, you may be required to furnish identification proof to access the Services or specialized Services. You agree to comply with such requests, and failure to do so may result in the inability to use the Services or specialized Services.

4. ACCOUNT CREATION

(a) To utilize the Services, you must establish an account on the Platform (“Account”), which may necessitate providing certain details, including but not limited to your phone number. Account creation is restricted to individuals who are at least 18 years old.

(b) You affirm that all information supplied in connection with your Account is accurate and truthful. You agree to promptly update your details on the Platform should any changes or modifications arise.

(c) You bear sole responsibility for maintaining the security and confidentiality of your Account and agree to notify us immediately of any unauthorized use or security breach related to your Account.

(d) You are accountable for all activities conducted through your Account, including actions taken by others. We disclaim any liability for unauthorized access to your Account.

(e) You consent to receiving communications from us regarding (i) payment requests, (ii) information about us and the Services, (iii) promotional offers and services from us and our third-party partners, and (iv) any other matters pertaining to the Services.

5. CONSENT TO USE DATA

(a) You consent to our collection and use of your personal data in accordance with our Privacy Policy, available at https://siigmaaircon.in/privacy-policy. This policy details the categories of personal data we collect and how we process such data.

(b) In addition to any consent provided under the Privacy Policy, you further consent to our sharing your information with affiliates and third-party service providers. We may utilize information related to your use of the Services for purposes including service provision, analytics, trend identification, statistical analysis, and to enhance the efficiency and effectiveness of our Services, as well as to offer beneficial schemes, new offers, and improve user experience.

(c) Subject to applicable laws, we may be required by law enforcement agencies, the government, or related entities to disclose your data in connection with criminal or civil proceedings. You acknowledge and agree that in such cases, we have the right to share your data with the relevant authorities.

6. BOOKINGS

(a) **Orders:** The Platform allows you to schedule various specialized services at your convenience, based on available slots. To book a service, follow the instructions on the Platform and provide the necessary information. We will make reasonable efforts to match you with a Service Professional available at your requested time. In the rare instance we cannot find a suitable Service Professional, we will contact you to arrange an alternative time.

(b) **Confirmation:** After placing a request, you will receive a booking confirmation via SMS, email, or push notification. Upon confirmation, you are required to make the payment as per these Terms or as indicated on the Platform. Once a Service Professional is assigned, you will receive confirmation through the App, SMS, email, or push notification.

(c) **Cancellations:** Bookings cancelled before confirmation on the Platform will incur no charge. The SIIAC cancellation policy outlines any applicable cancellation fees.

(d) **Substitution:** If a selected Service Professional is unavailable or cancels, we will offer you an alternative Service Professional from our registered pool.

7. PRICING, FEES, AND PAYMENT TERMS**

(a) SIIAC reserves the right to charge fees for the various Services you may avail and any additional facilities you may opt for through the Platform.

(b) **Charges and Fees for Specialized Services:**

(i) For specialized Services booked through the Platform, you must pay the Service Professionals the amount specified at the time of booking, including any additional specialized Services, out-of-pocket expenses incurred by the Service Professional, and the cost of goods used for the service (“Charges”). Additionally, SIIAC reserves the right to charge a convenience fee for facilitating the booking and payment transfer to the Service Professional (“Fees”). Your final bill may include extra charges such as a safety fee, warranty fee, insurance fee, or Service Professional welfare fee. 

(ii) SIIAC will notify you of the applicable Charges, Fees, and payment methods at the time of booking. Payment for specialized Services can typically be made through credit cards, debit cards, net banking, wallets, UPI, or cash upon completion of the service. SIIAC reserves the right to modify or restrict available payment methods, and some methods, like cash upon completion, may not always be available. When paying by cash upon completion, you must pay both the Charges and Fees directly to the Service Professional. 

(iii) Charges and Fees may be due at the time of booking or upon completion of the specialized Service, as specified by SIIAC. 

(iv) Charges are payable to the Service Professionals, with SIIAC acting as a limited collection agent to collect and transfer these amounts.

 (v) SIIAC reserves the right to amend the Charges and Fees at its discretion. Any changes will not affect bookings confirmed before the new Fees are published on the Platform. 

(vi) Payments are final and non-refundable unless determined otherwise by SIIAC or required by applicable law. Under certain laws, you may be entitled to a refund or other remedies for service failures. 

(vii) Charges and Fees may increase significantly during high-demand periods in certain geographical areas. SIIAC will use reasonable efforts to inform you of these changes, but you are responsible for any incurred Charges and Fees.

(c) **Payment Processors:** We may use third-party payment processors (“Payment Processors”) to handle payments through your selected method. Payment processing will be subject to the Payment Processor’s terms and policies in addition to these Terms. SIIAC is not liable for any errors made by the Payment Processor. In case of unsuccessful payments, debited amounts will be refunded according to the Payment Processor’s terms.

(d) **Cancellation:** You may cancel your service request at any time before the Service Professional’s arrival, potentially incurring a cancellation fee as per SIIAC’s policy. SIIAC reserves the right to charge or deduct applicable cancellation fees.

(e) **Subscriptions:** SIIAC may offer subscription packages for a fee, providing additional benefits such as discounted specialized Services. These packages will be subject to additional terms and conditions that form part of these Terms.

(f) **Gratuities:** SIIAC does not designate any portion of your payment as a tip for the Service Professional. Any indication that tipping is “voluntary”, “not required”, or “included” does not imply that SIIAC provides additional payments to Service Professionals. While you may choose to give a gratuity to a Service Professional, you are under no obligation to do so. Gratuities are entirely voluntary.

8. CUSTOMER CONDUCT

(a) SIIAC strictly prohibits any form of discrimination against Service Professionals based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected by applicable law. This includes, but is not limited to, refusal to accept specialized Services on any of these grounds.

(b) Customers are expected to treat all Service Professionals with courtesy and respect and to provide a safe, clean, and appropriate environment for them to perform their services. Service Professionals have the right to refuse service if the location is unsafe, unclean, or inappropriate, or if they are subjected to discourteous, disrespectful, abusive, or otherwise inappropriate behavior. SIIAC reserves the right to restrict or revoke access to Services at its sole discretion if a customer behaves inappropriately, unlawfully, or abusively towards a Service Professional.

(c) Customers will be held accountable for any discriminatory actions against Service Professionals or for failing to provide a safe, clean, and suitable environment for service provision. Furthermore, customers are required to disclose any information that may affect the Service Professional’s ability to perform the specialized Services or impact their health, safety, or well-being, to both SIIAC and the Service Professional.

(d) In the event that a Service Professional behaves in a discourteous, disrespectful, abusive, inappropriate, or unlawful manner, customers are obligated to report such incidents to info@siigmaaircon.in as soon as possible, but no later than 48 hours after the incident.

9. THIRD PARTY SERVICES

(a) The Platform may incorporate services, content, documents, and information either owned by, licensed to, or provided by a third party (“Third Party Services”), and may include links to such Third Party Services. You acknowledge and accept that Third Party Services are the sole responsibility of the third party that created or supplied them, and that your use of such Third Party Services is entirely at your own risk.

(b) We do not make any representations and disclaim all warranties and liabilities concerning such Third Party Services, including their accuracy or completeness. If you choose to utilize a Third Party Service, you will be subject to the terms and conditions and privacy policy of the third party offering the Third Party Service. Additionally, all intellectual property rights associated with Third Party Services belong to the respective third parties.

10. YOUR RESPONSIBILITIES

(a) You assert and guarantee the accuracy, completeness, and truthfulness of all information provided concerning the Services and specialized Services upon agreeing to these Terms, and undertake to maintain such accuracy throughout your utilization of the Services and/or specialized Services. Any alterations to this information during the duration of these Terms must be promptly communicated to us. We disclaim any responsibility or liability for any loss or harm incurred due to incorrect, incomplete, or misleading information provided for availing the Services, or for failure to disclose material facts.

(b) You are obligated to cooperate with us in defending against any legal proceedings initiated against us resulting from a breach of your obligations or commitments under these Terms.

(c) Regarding User Content, you affirm and guarantee that:

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

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

(iii) User Content does not breach any obligations under other agreements.

(iv) User Content does not infringe upon any intellectual property rights or other proprietary rights, including rights of publicity or privacy.

(v) User Content is free from harmful content such as viruses or corrupted data.

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

(vii) User Content:

(A) Is not owned by another party without proper authorization.

(B) Does not threaten national unity, integrity, or sovereignty, or incite offense.

(C) Is not defamatory, discriminatory, invasive of privacy, or otherwise unlawful or offensive.

(d) You must not use the Services except as expressly permitted in these Terms. Specifically, you shall not:

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

(ii) Copy, distribute, modify, or license the Services except as permitted herein.

(iii) Transmit harmful computer code or material via the Services.

(iv) Use automated tools to monitor or copy the Services.

(v) Systematically retrieve content from the Services for compilation or distribution.

(vi) Use the Services unlawfully or for fraudulent activities inconsistent with these Terms.

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

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

(ix) Violate applicable laws in any manner.

(e) You warrant not to engage in any activity that disrupts or interferes with the Services.

(f) You shall not attempt unauthorized access to any part of the Services or associated networks by hacking or similar means.

(g) You shall not directly or indirectly influence or solicit Service Professionals from whom you have availed specialized Services to terminate their engagement with the Platform or offer services outside the Platform without utilizing your Account. This restriction is deemed reasonable and necessary for safeguarding the privacy and security of Service Professionals, prioritizing their protection over potential harm to you.

11. OUR INTELLECTUAL PROPERTY

(a) The entirety of the Services, inclusive of all associated intellectual property rights, is either owned by us or licensed to us. We grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to utilize the Services in adherence to these Terms and any written directives provided by us. Any rights not explicitly conferred herein are reserved by SIIAC or its licensors.

(b) Periodically, we may solicit suggestions and feedback, including bug reports, pertaining to the Services (“Feedback”). We retain the unrestricted right to utilize, replicate, disclose, publish, exhibit, distribute, and exploit the Feedback received from you, without any obligation of royalty, acknowledgment, prior consent, or any other limitation arising from your intellectual property rights.

(c) Unless expressly articulated in these Terms, nothing herein should be construed as bestowing any entitlement or license to our intellectual property rights or those of any third party.

12. TERM AND TERMINATION

(a) These Terms shall persist in effect unless terminated in accordance with the provisions delineated herein.

(b) We reserve the right to curtail, deactivate, or cease your access to, or utilization of, the Services, or any segment thereof, under the following circumstances:

(i) immediately and at our sole discretion,

(A) upon your violation or breach of any obligations, responsibilities, or covenants set forth in these Terms, (B) upon cessation of your status as a user of our Services,(C) if you fail to meet, or are deemed unlikely to meet, the criteria stipulated by applicable law, or the standards and policies of SIIAC or its affiliates, for accessing and using the Services, or (D) upon violation or breach of the Community Guidelines, (ii) with 30 (thirty) days’ advance written notice to you, or (iii) promptly for any legitimate business, legal, or regulatory rationale.

(c) You retain the option to terminate these Terms, at your discretion and for any cause, by dispatching a notification to SIIAC at info@siigmaaircon.in.

13. DISCLAIMERS AND WARRANTIES

(a) The provision of Services is offered on an “as is” basis without any warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that the Services will meet your requirements or expectations.

(b) Any advice or information, whether oral or written, obtained from us shall not create any warranty not explicitly stated in these Terms.

(c) While SIIAC endeavors to provide accurate information regarding specialized Services and Charges, occasional pricing errors may occur.

(d) You acknowledge that we function solely as a Platform connecting you with Service Professionals and thus are not liable for any obligations beyond those explicitly stated in these Terms. We bear no responsibility for the fulfillment of bookings, the performance of SIIAC Services by Service Professionals, or any acts or omissions of Service Professionals during the provision of specialized Services. By booking specialized Services via the Platform, you enter into a contract directly with the relevant Service Provider, and we disclaim any responsibility or liability for the Service Professional’s performance under that contract.

(e) Soliciting or receiving services from any Service Professional independently is done at your own risk, and in such instances, 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 specialized Services, acknowledging that we bear no liability in this regard.

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

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

(i) your use or inability to use the Services;

(ii) interruptions, delays, or failures in Service operation;

(iii) loss of User Content or other data.

(j) In no event shall SIIAC, its officers, employees, contractors, agents, licensors, partners, or suppliers be liable for direct, indirect, incidental, consequential, or exemplary damages arising from these Terms, the Services, or interactions with other users.

(k) Our liability is limited to the commission received for a specific booking on the Platform. In no event shall our total liability exceed INR 3,000 (Rupees Three Thousand).

(l) These Terms do not exclude or limit any warranties implied by law where such exclusion or limitation would be unlawful.

14. INDEMNIFICATION

You agree to indemnify, defend at our discretion, and hold harmless us, our parent companies, subsidiaries, affiliates, officers, employees, directors, agents, and representatives from and against any claims, demands, lawsuits, legal proceedings, losses, liabilities, damages, and costs (including but not limited to all damages, liabilities, settlements, and attorneys’ fees) arising from or related to your access to or use of the Services or specialized Services, violation of these Terms, or any violation of these Terms by any third party using your Account.

15. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

(a) These Terms are governed by and construed and enforced in accordance with the laws of India. Exclusive jurisdiction over all matters arising from these Terms or the use of the Services shall lie with the courts in MUMBAI, subject to other provisions in this clause.

(b) Any disputes arising from these Terms shall be resolved through arbitration in New Delhi under the Arbitration and Conciliation Act, 1996. The tribunal shall consist of one arbitrator appointed by SIIAC. The arbitration proceedings shall be confidential, and the arbitrator’s decision shall be final and binding. Each party shall bear its own costs in the arbitration process.

16. GRIEVANCE REDRESSAL

(a) You can address complaints or queries regarding the Services or these Terms to our designated Grievance Redressal Officer via registered post or email using the details provided below: Name: Veer Singh Designation: Chief Marketing Officer Email Address: veersingh@siigmaaircon.in

(b) We will ensure timely resolution of your complaint in accordance with applicable laws.

16. MISCELLANEOUS PROVISIONS

(a) Changes to Terms: The Terms may be revised at any time at our discretion, with all changes becoming effective immediately upon posting on the Platform. Your continued use of the Platform constitutes acceptance of these changes

(b) Modification to the Services: We reserve the right to add, modify, or discontinue the Services, temporarily or permanently, with or without cause, at any time. We shall not be liable for such actions.

(c) Severability: If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions shall remain in effect. If any part of an unlawful provision can be deleted without contradicting the clause’s intention, it shall be deemed deleted.

(d) Assignment: You may not transfer your rights, obligations, or Account without our prior written consent. We may assign our rights without notice to you.

(e) Notices: All communications to us under these Terms (other than routine operational communications) shall be sent to connect@siigmaaircon.in.

(f) Third Party Rights: No third party shall have rights to enforce any terms herein.

(g) Force Majeure: We shall not be liable for failure to perform our obligations due to events beyond our control, including but not limited to acts of God, war, or compliance with governmental orders.