Terms and Conditions

The usage of this website, https://www.withinstafix.com/, (“Website”) operated by REELENTLESS INNOVATIONS PRIVATE LIMITED, a company incorporated in India under the Companies Act, 2013 with CIN: U95210HR2025PTC136583 (“Company”) or any services provided by the Company through this Website , shall be governed by these terms & conditions (“Terms & Conditions” or “Terms”).

In these Terms & Conditions, the term “User” refers to you, the person or entity using the Website or Applications (as defined below) for the service rendered by the Company and shall include any contractors and other persons using the Website. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses the Services (as defined below), the Website, User shall include such company, partnership, trust or any other legal entity. Company offers the Website, and any Services conditioned upon the User’s acceptance of these Terms & Conditions.

These Terms also apply to Users of the Company’s mobile applications or any web app (collectively, “Applications”).

For the avoidance of doubt, reference to the term “Website” in these Terms shall include the Applications and any other backend services operated by the Company. Please read these Terms & Conditions carefully before accessing or using the Website, and any Services provided by Company. By accessing or using any part of the Website, by the use of any Services provided by Company, the User agrees to be bound by these Terms & Conditions. If the User does not agree to all the Terms & Conditions, then the User may not access the Website or Services provided by Company.

The User can review the most current version of the Terms & Conditions at any time on this page. Company reserves the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to the Website. It is the User’s responsibility to check this page periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Website or the use of the product or Services from Company, constitutes acceptance of such revised Terms & Conditions.

1. THESE TERMS AND CONDITIONS ARE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES MADE THEREUNDER, AND THE PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES, AS AMENDED FROM TIME TO TIME. THESE TERMS & CONDITIONS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.
   
   

2. CHANGES TO THE TERMS & CONDITIONS

   1. The Company may revise these Terms & Conditions at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User.

   2. The Company may, without prior notice, change all or any features of the Website; add or remove functionalities or features; stop providing the Website; or create usage limits for the Website.
      
      

3. ACCEPTANCE OF THE TERMS & CONDITIONS

   1. The User agrees that the User shall be bound by these Terms by accessing the Website, using the Website or by otherwise availing of the Services from the Company.
      
      

4. ELIGIBILITY
   
   

   1. By agreeing to these Terms & Conditions, a User (when such User is a natural person) represents that the User is at least the age of majority i.e. 18 years and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under applicable laws to accept these Terms & Conditions. The User represents and warrants that the User has the full power and authority to accept the Terms & Conditions, access the Website and use the Services provided by the Company and that these Terms & Conditions are binding upon the User and enforceable in accordance with their terms. Where the Services are availed by a company, partnership, or any other legal entity, such entity represents and warrants that the entity has the full power and authority to accept the Terms & Conditions and such Terms & Conditions shall bind such company, partnership or any other legal entity, as applicable. If the Device is owned by a minor or used by a minor, the person placing the Order represents that such person is the parent or legal guardian of the minor or is otherwise duly authorised by the lawful owner of the Device to request Services.
      
      

   2. In case the Company alters or amends the eligibility criteria to be registered for accessing the Website or receiving Services of the Company and the User no longer complies with the new eligibility criteria, as determined by the Company in its sole discretion, the User accepts that the Company may restrict or suspend the access to the Website or receiving Services of the Company without any liability for the Company. The User is solely responsible for ensuring that the User is in compliance with these Terms & Conditions.
      
      

   3. The User shall ensure that there are proper encryption and security measures at its respective desktop, mobile Device or other Device used to access the Website to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.
      
      

   4. The User may not use the Services provided by the Company or the Website for any illegal or unauthorised purpose nor may the User, in the use of the Website, violate any applicable laws (including but not limited to copyright laws). The Company reserves the right to refuse or discontinue any Services provided by the Company or the Website to anyone for any reason at any time.
      
      

5. RESTRICTIONS ON THE USE OF THE WEBSITE
   
   

   1. The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website or any component or content thereof, available to any third parties without the prior written consent of the Company.
      
      

   2. The User shall not circumvent or disable any digital rights management, usage rules, or other security features of the Website or remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website, and not use the Website in a manner that threatens the integrity, performance, or availability of the Website.
      
      

   3. Without limiting the foregoing, the User agrees that the User shall not use the Website or the Services of the Company to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update, or share any information that:
      
      

1. that the User does not have a right to make available under any law or contractual or fiduciary relationship, unless the User owns or controls the rights thereto or have received all necessary consents for such use of the content;

2. is defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

3. is harmful to minors and children;

4. infringes patent, trademark, copyright or other proprietary rights or intellectual property rights of any person or entity;

5. violates any applicable law, regulation, or generally accepted practices guidelines in India;

6. deceives or misleads any other user of the Website, the Company or any other person the origin of any messages on the Website or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

7. impersonates any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;

8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

9. contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; and

10. is patently false and untrue, and is written or published in any form, with intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

4. Without limiting the foregoing, the User agrees that the User shall not:

1. decompile, reverse engineer, or disassemble the contents of the Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website; 

2. (i) use the Website and any of the Services for commercial purposes of any kind except as permitted, or (ii) advertise or sell the Website or any Services of the Company or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website or the Services of the Company in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company; 

3. engage in any activity which would interfere with any other person’s use or enjoyment of the Website or the Services of the Company including engage in disruptive attacks such as denial of service attack on the Website or the Services of the Company; 

4. access or use the Website or the Services of the Company in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks;

5. disrupt or interfere with the security of, or otherwise cause harm to the Website or the Services of the Company, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected;

6. use deep-links, page-scrape, robot, spider or other automatic Device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website or the Services of the Company, to access, acquire, copy or monitor any portion of the Website or the Services of the Company, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website or the Services of the Company; 

7. use the Website or the Services of the Company for purposes that are not permitted by: (i) these Terms & Conditions; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;

8. submit any Device that the User knows or suspects to be stolen, counterfeit, or otherwise unlawfully obtained; 

9. request or insist that the Company or any Technician install to perform any modification that is unlawful or that may compromise safety or regulatory compliance;

10. engage in any abusive, harassing or threatening behaviour towards any Technician or other representative of the Company at the doorstep or at any premises where Services are performed; 

11. interfere with, or attempt to supervise or control, the Technician’s work in a manner that creates an unsafe working condition.

5. The User shall not use the Website or the Services of the Company for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of the Company, its partners or violate the Terms & Conditions.

6. The Company reserves the right to suspend/discontinue the Website or the Services of the Company and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following: 

1. For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms & Conditions. 

2. For any suspected discrepancy in the particular(s), documentation or information provided by the User;

3. To combat potential fraud, sabotage, wilful destruction, threat to national security, for any other force majeure reasons etc.;

4. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

5. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

6. If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;

7. If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of the Company or another User; and

8. If the Company believes, in its reasonable opinion, that cessation/ suspension is necessary.

7. The Company may, in addition to the above, cancel any pending Orders and decline to provide Services or warranty support to any User where the Company reasonably suspects fraud, misuse, non-cooperation, or abusive behaviour.

6. KEY DEFINITIONS

Unless the context otherwise requires, (i) the capitalised terms used in these Terms & Conditions have the meanings assigned to them below, and (ii) any term that is defined elsewhere in these Terms & Conditions by being placed in quotation marks (“…”) has the meaning so ascribed to it in the relevant provision 

1. “Device” means the mobile phone, smartphone, tablet or other electronic Device that the User submits or makes available to the Company for diagnostics, repair, maintenance or other related services.

2. “Order” means a request placed by a User for Services (whether by call, WhatsApp, Website or Application) which is accepted by the Company.

3. “Services” means any diagnostics, repair, maintenance, doorstep repair, pickup and drop, and related services offered by the Company in respect of Devices, including any ancillary sale and installation of spare parts.

4. “Technician” means an individual engaged by the Company or its service partners to perform the Services, acting as an independent contractor and not as an employee or agent of the User.

7. ORDERS AND SERVICES

   1. Users may place Orders for Services by calling the Company’s support number, via WhatsApp, through the Website or Applications. An Order shall be deemed accepted only when the Company confirms the Order (including the date, time slot and indicative charges) by SMS, WhatsApp message, email or in-app confirmation.

   2. Unless otherwise agreed, the Company will perform an initial diagnostic of the Device and provide the User with an estimate of the charges for the recommended services and parts. Estimates are indicative and may change if additional issues are identified during the repair. 

   3. The Company will not proceed with any chargeable services or parts replacement until the User has provided confirmation (including by WhatsApp, call recording or in-app consent or in person consent to the technician) approving the estimate. By providing such approval, the User authorises the Company and its technicians to open and work on the Device.

   4. If, during the course of the Services, additional issues are discovered that would materially affect the scope, charges or timelines, the Company will inform the User and obtain the User’s prior consent before carrying out any additional work or charging any additional amounts.

   5. Certain Services may be performed at the User’s doorstep, while others may require the Device to be taken to the Company’s location or any other location as may be decided by the Company. The Company will inform the User of the applicable mode prior to commencing work.

   6. The Company may, from time to time, offer promotional codes, discounts or store credits subject to specific terms and conditions. Such promotions are non-transferable, may not be redeemed for cash, and may be withdrawn or modified by the Company at any time, unless otherwise required under applicable law.

   7. Where the User has paid using a promotional discount or store credit, any refund payable (if applicable) shall be limited to the amount actually paid in money by the User, unless otherwise specified in the applicable promotion terms.

8. FEES, PAYMENTS AND TAXES

   1. The applicable fees, charges and prices for the Services shall be as communicated to the User by the Company at the time of placing or confirming an Order, including over telephone, WhatsApp, the Website, Applications or at the Company’s authorised store.

   2. Unless expressly stated otherwise, any fee communicated to the User is based on the information provided by the User at the time of the request and/or on an initial diagnostic of the Device, and may be revised if additional issues are identified or if the User requests additional Services or parts. In such cases, the Company will communicate the revised fee to the User and obtain the User’s consent before proceeding with the additional work. 

   3. All fees are subject to applicable taxes, including goods and services tax (“GST”), duties, levies and other governmental charges as may be applicable from time to time under the laws of India. 

   4. Unless expressly specified at the time of communicating the fees, all fees quoted to the User shall be deemed to be inclusive of applicable taxes. Where fees are communicated as exclusive of taxes, the applicable taxes shall be charged and collected over and above the fees and disclosed to the User prior to confirmation of the Order. 

   5. The Company may permit payment of fees through one or more of the following modes: (i) cash on delivery (where available), (ii) card payment at the doorstep, (iii) online payment through internet banking, debit or credit cards, UPI or other digital payment instruments, and/or (iv) such other modes as may be notified by the Company from time to time.

   6. Unless otherwise specified at the time of placing the Order, the User shall be required to pay the Fees in full upon completion of the Services or partly in advance and the balance upon completion of the Services or completely in advance. The Company reserves the right to require an advance or booking amount (including a visit/diagnostic fee) as a condition to accepting an Order, which may be adjusted against the final invoice. The Company may refuse to complete delivery or return the Device until payment is made in full.

   7. Online payments may be processed through third-party payment gateways/aggregators or payment service providers authorised by the Reserve Bank of India. By choosing any such payment method, the User agrees to be bound by the terms and privacy policies of such third-party providers, in addition to these Terms. 

   8. While the Company takes reasonable care in selecting payment partners, the Company does not control the facilities provided by such third parties and shall not be responsible for (i) any errors, delays, or failures in the processing of payments that are attributable to such third parties, or (ii) any unauthorised charges or other issues arising from or in connection with such third-party services, except to the extent required by applicable law.

   9. In case of any double charge, chargeback, or failed transaction where the User’s account is debited but the corresponding Order is not confirmed, the User should promptly notify the Company and/or the relevant payment service provider. Subject to verification and applicable law, any such amounts received by the Company in excess shall be refunded or adjusted against future Orders within a reasonable period.

   10. Upon completion of the Services and/or receipt of the Fees, the Company shall issue to the User an invoice or bill in accordance with applicable tax laws, which may be provided in electronic form by email, SMS, WhatsApp, within the User’s account on the Website/Applications, or in physical form at the store or doorstep, as applicable.

   11. If any payment of fees is not received by the Company when due, whether because of insufficient funds, chargeback, reversal, or for any other reason not attributable to the Company, the Company may, without prejudice to any other rights it may have: (a) suspend or cancel the relevant Order or any ongoing Services; (b) withhold delivery or return of the Device until all outstanding amounts (including any applicable visit/diagnostic charges) are paid in full; and/or (c) recover any reasonable costs incurred by the Company in relation to the failed or reversed transaction.

   12. The User shall remain responsible for any charges or fees that may be imposed by the User’s bank, card issuer or payment service provider in connection with any payment made for the Services.

9. ACCURACY OF INFORMATION

   1. The Company is not responsible if information made available on the Website (including any information in relation to the Services) is not accurate, complete, or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

   2. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. The Company reserves the right to modify the contents of the Website at any time, but the Company has no obligation to update any information on the Website. The User agrees that it is the User’s responsibility to monitor changes to the Website or any other information provided by the Company.

   3. Nothing in this Clause shall exclude or limit any statutory warranties or rights that cannot be excluded under applicable consumer laws.

10. WARRANTIES

    1. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Website or the Services. While the Company may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its Services, the Company does not warrant that products/Services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/Services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. The Company provides the Website or the Services and other products/Services on an “as is”, “where is”, “with all faults” basis.

    2. ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES OF THE COMPANY.

    3. The Company shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance. Notwithstanding anything in these Terms & Conditions, the User acknowledges that the Website or the services of the Company may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. The Company shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry, however the Company does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Website or the services of the Company or loss of use and/or access, the Company shall use best endeavours to restore access as soon as reasonably possible. Further, the Company shall not be liable for failure to meet uptime targets or platform performance benchmarks unless otherwise expressly agreed with a party under a separate agreement.

    4. Nothing in this Clause affects the limited Warranty provided on certain repairs, parts or Services.

11. WEBSITE CONTENT AND AVAILABILITY

    1. The Company make no guarantees as to the authenticity, accuracy or completeness of any content on the Website, including content provided by other Users. The displayed prices for our Services are dynamic and can change during or after the visit of the Website by the User. Once the User has a confirmed Order, subsequent changes in displayed prices will not affect the price of the Order of the User. The Company makes no guarantee that the content available on the Website has not been altered through technical defects or by unauthorised third parties.

    2. All content accessed by the User using the Website is at the User’s own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstance shall the Company be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any content accessed on the Website, including but not limited to any errors or omissions, or any additions, removals, or modifications that the Company made on the Website. The Company makes no guarantee that the Website will always be available or uninterrupted. We will not be liable to the User for any loss or damage resulting from any unavailability or interruption of our Website or Services.

12. CANCELLATION AND REFUND POLICY:

    1. The following cancellation policy will be applicable as per our Company regulations:

1. [●]

2. Unless otherwise required under applicable law, any refund shall be limited to the fees actually received by the Company for the relevant Order or Services, and shall be made through the same mode of payment used by the User for the original transaction, or such other mode as the Company may reasonably decide, within a reasonable period after the refund is approved.

3. For the avoidance of doubt, refunds, if any, shall be subject to the limitations of liability set out in these Terms and shall not include any indirect, incidental or consequential losses suffered by the User.

4. Any cancellation charges (if applicable) shall be levied only to the extent permitted under applicable law, including the Consumer Protection (E-Commerce) Rules, 2020.

13. THIRD PARTY LINKS

    1. Hyperlinks on this Website to websites operated by third parties are only provided for your reference. The Company takes no responsibility for the content of these websites and has no control over their content, access and privacy policies. The Company also takes no responsibility for the consequences of accessing these websites, including exposure to hard-and software viruses, spy and malware. The Company do not endorse or recommend these websites or any of their contents.

    2. Any third party that wishes to establish links to our Website should notify the Company of their intention prior to doing so. The Company may deny permission for any such links to the Website. If the Company gives its permission for any such links, it is not under any obligation to establish reciprocal links with the third party.

14. USER OBLIGATIONS – DEVICE AND DATA

    1. The User represents and warrants that the User is the lawful owner of the Device or is otherwise duly authorised by the lawful owner to request the Services and to consent to the performance of repair and diagnostics on the Device. 

    2. Before submitting the Device for any Services, the User shall: (a) back up all data, software and configurations stored on the Device; (b) remove any SIM cards, memory cards, covers and accessories not required for the Services; and (c) disable any security or tracking features that may prevent the technician from accessing the Device for diagnostics and testing, or provide temporary access codes as reasonably required.

    3. The User acknowledges and agrees that: (a) the performance of Services may involve access to or handling of data stored on the Device; and (b) the Company does not guarantee that any data, software or configuration on the Device will be preserved or recoverable after the Services, and, to the maximum extent permitted by law, the Company shall not be liable for any loss, corruption or disclosure of data arising from the performance of the Services, except where such loss arises due to the Company’s wilful misconduct. 

15. WARRANTY ON REPAIRS AND PARTS

    1. The Company provides a limited warranty on certain repairs and parts (“Warranty”) as per the applicable Warranty policy notified to the User at the time of the Order.

    2. If, during the Warranty period, the User experiences a defect in the covered part or workmanship, the User shall promptly notify the Company and make the Device available for inspection. The Company’s sole obligation, and the User’s exclusive remedy, under the Warranty shall be, at the Company’s option, to repair or replace the defective part or to re-perform the relevant Services, without any additional charge.

    3. The Warranty does not cover, and shall be void if: (a) the Device has suffered any subsequent physical or liquid damage after completion of the Services; (b) the Device has been opened, serviced or modified by any person other than the Company or its authorised service partners during the Warranty period; and (c) the User has misused the Device, used counterfeit parts, or failed to follow manufacturer or Company instructions.

    4. To the maximum extent permitted by applicable law, the Warranty does not extend to: (a) pre-existing issues or defects not addressed by the Services; (b) data loss or software issues; or (c) accessories, cases, or third-party products not supplied by the Company.

16. INTELLECTUAL PROPERTY

    1. All Intellectual Property Rights the Website or the Services of the Company belong to the Company or the applicable third-party owner of such rights. Nothing in these Terms & Conditions shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. The Company retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the Company.

    2. The Applications and their respective user interfaces, functionalities, analytics dashboards, workflows, and in-app content are protected by copyright and other applicable intellectual property laws. Users may not extract, copy, reverse-engineer, or reuse any part of the Applications or backend databases without the express written consent of the Company.

    3. No part or parts of the Website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without the Company’s prior written permission. The User may view, print or use the Company’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.

    4. The User shall not claim any rights or interest in the Intellectual Property Rights of the Company or its partners, or in connection with any other Services, features or product offered by the Company to the User. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of the Company (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
       (a) converting the IP Property from a machine-readable form into a human-readable form; (b) disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof; (c) examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs; (d) performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or (e) making any alteration or change to the IP Property without the express prior written consent of the Company.

    5. By submitting any review, feedback, image, or other content (“User Content”), the User grants the Company a worldwide, non-exclusive, royalty-free licence to use, copy, modify, adapt, publish and display such User Content in connection with the Services and the Company’s marketing, in any media, subject to the Privacy Policy.

17. INDEMNIFICATION

The User (“Indemnifying Party”) shall indemnify the Company, including all employees, officers, directors and affiliates (“Indemnified Party”) against, and hold harmless from any and all actual and direct losses, including but not limited to third party claims, suits, actions or proceedings (“Losses”) against the Indemnified Party, where such Losses arise out of or relate to the Indemnifying Party’s use of the Services or the Indemnifying Party’s breach of any requirement, representation or warranty, covenant or confidentiality obligations contained in these Terms and Conditions or Privacy Policy, provided that: (a) the Indemnified Party promptly notifies the Indemnifying Party in writing of such Losses; (b) the Indemnifying Party has sole control over the defence or settlement of the Losses; (c) the Indemnified Party cooperates fully in the defence or settlement of the Losses; (d) the Device or any data stored on it is stolen, counterfeit or otherwise unlawfully obtained, (e) the Services requested would violate any applicable law or third party rights (including intellectual property or privacy rights), or (f) the User’s acts or omissions have caused damage to the Technician, any property, or any third party. This indemnification shall include the Indemnified Party’s reasonable attorney’s fees incurred in the defence of the action giving rise to any damages, which are indemnifiable under this section.

18. LIMITATION OF LIABILITY

Notwithstanding anything to the contrary elsewhere contained in these Terms, the Company in any event, regardless of the form of Losses, shall not be liable for any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had a notice of the possibility of any such damages. 

Subject to applicable laws and except in cases of death or personal injury caused by the Company’s negligence or wilful misconduct, the Company’s aggregate liability to the User for all claims arising out of or in connection with any order or the Services shall not exceed the total fees (excluding taxes) actually paid by the User to the Company for the specific Services giving rise to the claim.

19. WAIVER

If the Company does not exercise a right under these Terms & Conditions, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms & Conditions shall not be viewed as a waiver by the Company, unless specifically agreed by the Company in writing.

20. FORCE MAJEURE

For purposes of these Terms, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms and Conditions (other than an obligation to pay money) or provision of the Website or the Services. If a Force Majeure Event occurs, the Company will be excused from performing those obligations rendered un-performable by the Force Majeure Event. During a Force Majeure Event, the Company shall use reasonable efforts to limit damages to the User and to resume its performance pursuant to these Terms & Conditions.

21. RELATIONSHIP OF THE PARTIES

The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of these Terms & Conditions, the User’s use of the Website, or the availing of Services from the Company.

22. ASSIGNMENT

The User shall not assign or transfer its rights or obligations under these Terms & Conditions, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without the Company’s prior written consent. The Company may assign or transfer the rights and obligations contained in these Terms and Conditions to any Person.

23. GOVERNING LAW AND JURISDICTION

    1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Republic of India and both the Company and the User hereby submit to the exclusive jurisdiction of the courts of Gurugram, Haryana. 

    2. Dispute Resolution: The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or in relation to these Terms by mutual negotiation. 

    3. The use of the Applications shall be governed by the same laws and principles applicable to the Website. Any disputes relating to app usage, user roles, orders, records, or service failures shall be resolved in accordance with this section.

    4. Nothing in this clause shall limit any statutory rights or remedies available to a consumer/User under the Consumer Protection Act, 2019, including the right to approach the appropriate consumer dispute redressal commission.

24. CONFIDENTIALITY

For the purposes of these Terms, the term “Confidential Information” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secrets. In case the User comes into possession of any Confidential Information of the Company the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of the Company.

25. CONTACT INFORMATION

    1. Questions about these Terms and Conditions should be sent to the Company to [support@withinstafix.com]. Any notices to the Company in connection with the Website or these Terms and Conditions or Services must be sent to [TOWER-A, Paras Twin Towers, Golf Course Rd, Suncity, Sector 54, Gurugram, Haryana 122011].

    2. Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), shall be deemed delivered as of the date of actual receipt.

    3. The Company may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with the Company. The User agrees that in case there are any changes in any information provided by the User to the Company, including the User’s phone number, e-mail address and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures and other communications that Company provide to the User’s electronically satisfy any legal requirement that such communications be in writing. If the Company sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records created by the User on the Website and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the e-mail id or at the time of dispatch of the message.

26. MOBILE APPLICATIONS

    1. The use of the Applications is subject to these Terms and may be supplemented by in-app terms, policies, or notices.

    2. Role-based access is implemented across the Applications. Users shall not attempt to bypass, manipulate, or impersonate other roles to gain access to restricted information.

    3. Any misuse of the Applications, including falsification of entries, submission of forged identity documents, misappropriation of payments, or violation of service policies, shall be treated as a material breach of these Terms and may attract disciplinary or legal consequences.

27. ENTIRE UNDERSTANDING

These Terms and Conditions (read in consonance with the Privacy Policy, Warranty policy and any specific service terms notified to the User at the time of placing an Order) constitutes the entire agreement between the Company and the User pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Company and the User.

28. SURVIVAL

Rights and obligations under these Terms, which by their nature should survive or are expressly so stated herein, shall remain in full force and effect notwithstanding any expiry or termination of the Terms.

29. GRIEVANCE OFFICER

In compliance with Information Technology Act, 2000, and the rules made thereunder, the contact details of the grievance officer of the Company for the purpose of these Terms shall be the following:

Email: support@withinstafix.com 

Phone No.: +91-9821973355  

Users may contact the grievance officer for queries related to data protection, Services, Order, mobile app operations, or breach of these Terms.