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TERMS OF USE OF MISTRIONCAL APPLICATION & WEBSITE


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Welcome to MistriOnCal’s Terms of Use for Application


This Application and Website is created and operated by M/s. Mistrioncal Service Private Limited, having its registered office at Rajendra Nagar, Street No. 13, Satna, Madhya Pradesh, India. This legal agreement is an electronic record under the terms of the Indian Information Technology Act, 2000, and rules thereunder, as applicable and amended. It does not require any physical or digital signatures.

This document is published per Rule 3(1) of the Indian Information Technology (Intermediaries Guidelines) Rules, 2011, and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

By using our Platform, you agree to these Terms of Use, created to protect your data and enhance the experience of sharing information on our Platform.

In these Terms of Use, “We,” “Our,” and “Us” refer to the Platform and/or MistriOnCal. “You,” “Your,” and “User” refer to individuals competent to contract per Indian law, and “Third Parties” refer to any Application, Platform, or individual apart from the Platform and its Users.

GENERAL TERMS


i. The headings are for organizational purposes and have no legal or contractual value.

ii. Your use of this Platform is governed by these Terms of Use and our Privacy Policy. By continuing to use this Platform, you agree to be bound by both.

iii. These Terms of Use and the Privacy Policy are co-terminus. Termination of one results in the termination of the other.

iv. By using this Platform, you enter a legally binding agreement with Us and agree to abide by all rules, guidelines, policies, terms, and conditions.

v. We reserve the right to modify these Terms of Use at any time, effective immediately upon posting. Your continued use of the Platform constitutes acceptance of these changes.

PLATFORM OVERVIEW


At Mistrioncal Service Private Limited, we offer comprehensive home appliance and maintenance services. With 16+ years of experience, we provide trusted and reliable handyman and repair services, prioritizing customer satisfaction through professional and prompt service.

Our Services:

  • Home repairs and maintenance
  • Appliance installation and repair
  • Electrical and plumbing services
  • Professional home improvement solutions

Visit www.mistrioncal.com or contact help@mistrioncal.com for more information or to book our services.

REGISTRATION


To use the Platform, you must register, providing your Name, Date of Birth, Mobile Number, and Email Address. You may also register using your Facebook or Instagram accounts. Registration is complete upon authentication via mobile or email.

ELIGIBILITY


a) You represent and warrant that you are legally eligible to contract under Indian law. Minors may use the platform with the consent of their legal guardians, who will be responsible for any actions taken by the minor.

b) You agree to comply with these Terms of Use and all applicable local, state, national, and international laws and regulations.

c) You shall not use the Platform if legally disqualified.

CONTENT & PROHIBITED USES


The Mistrioncal platform prohibits unauthorized access, tampering, hacking, spamming, phishing, malware spreading, or any cyber-attacks. Users must not misrepresent, impersonate, or transmit illegal content or exploit system vulnerabilities. Unauthorized actions, such as interfering with service operations, compromising data privacy, or engaging in fraud, may result in termination and legal action.

Users warrant they have the necessary rights to any content uploaded or posted and agree to indemnify Us from claims, damages, and expenses related to such content.

DATA RETENTION POLICY


We retain user data as follows: customer information for 3 years, transaction history for 5 years, service records for 2 years, marketing data for 1 year, website usage data for 6 months, and legal/compliance data as required by law. Expired data will be securely deleted or anonymized. Users can request deletion of their data by contacting help@mistrioncal.com.

PAYMENT AND SUBSCRIPTION TERMS

By using Mistrioncal services, users agree to pay applicable fees via authorized payment gateways. One-time services require upfront payment; completed services are non-refundable except for defective cases. Subscriptions are billed annually and auto-renewed. Cancellations within the specified period will prevent renewal but no refunds are issued for unused portions.

DISCLAIMER OF WARRANTIES AND LIABILITIES


a. You access the Platform at your sole risk, using your best judgment before availing of any feature or information.

b. Any information or recommendations obtained from the Platform are at your risk, and we disclaim all liabilities arising from it.

c. This section survives the termination of these Terms of Use or the Privacy Policy.

d. We provide services on an “as-is” basis without warranties. Mistrioncal disclaims liability for damages, loss of data, or indirect/consequential damages.

INDEMNITY


You agree to indemnify, defend and hold harmless Us, and our respective directors, officers, employees, and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed according to these Terms of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  • Your use of the Platform,
  • Your violation of these Terms of Use;
  • Your violation of any rights of another;
  • Your alleged improper conduct according to these Terms of use;
  • Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY


a. The Founders/ Promoters/ Partners/ Associated people of MistriOnCal are not responsible for any consequences arising out of the following events:

  1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
  2. If you have provided incorrect information or data or for any deletion of data.
  3. If there is an undue delay or inability to communicate through email.
  4. If there is any deficiency or defect in the Services managed by Us.
  5. If there is a failure in the functioning of any other service provided by Us.

b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.

c. MistriOnCal’s maximum liability for any damages or losses arising out of or in connection with the services provided shall be limited to:

  1. The amount paid by the User for the specific service giving rise to the claim.
  2. Rs.10,000/- (Indian Rupees Ten Thousand Only) or its equivalent in foreign currency.

d. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.

e. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

f. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM


a. These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continue to access and use the Platforms.

b. You may terminate your use of the Platform at any time.

c. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

e. It is also hereby declared that We may discontinue the Services and Platforms without any prior notice.

TERMINATION


We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.

COMMUNICATION


By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive E-mails, SMS, WhatsApp messages, and calls from Us and/or any of its representatives at any time. You can report to help@mistrioncal.com if you find any discrepancy with regard to Platform or content-related information, and We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, You may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT


You agree and acknowledge that you are a restricted user of this Platform and you:

  • Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
  • Agree to ensure the Email address and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
  • You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  • Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Platform.
  • Authorize the Platform to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of Services, marketing and promotional purposes, and for optimization of User-related options and Services.
  • Understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. Any such use/limited use of the Platform will only be allowed with prior express written permission.
  • Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.
  • Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Platform, at our sole discretion.

You further undertake not to:

  • Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
  • Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party;
  • Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
  • Violate any applicable laws, rules or regulations currently in force within or outside India;
  • Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  • Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Platform;

Further:

  • You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  • By indicating Your acceptance to use any services offered on the Platform, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
  • You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
  • You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the platform without prior intimation whatsoever.
  • You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
    • belongs to another person and to which you have no right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • is in any way harmful to minors;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • Abuses, harasses, threatens, defames, disillusions, erodes, abrogates, demeans or otherwise violates the legal rights of others;
    • Publishes, posts, disseminates, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY


Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

  • If you are in breach of any of these Terms of Use or the Privacy Policy;
  • If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS


Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform. You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in our sole discretion.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

REFUND AND RETURN POLICY


At Mistrioncal Service Private Limited (“Mistrioncal”), we are committed to providing high-quality home maintenance and repair services. However, we understand that there may be instances where you are not fully satisfied with the service provided. This Refund and Return Policy outlines the terms and conditions under which refunds or returns may be granted.

1. Refund Eligibility

Refunds are available under the following circumstances:

  • Defective or Damaged Services: If a service provided is defective or results in damage due to errors on Mistrioncal’s part, we will either offer a replacement service or issue a refund based on the nature of the defect or damage.
  • Incorrect Product Installation: If an installation service was performed incorrectly, we will either correct the installation at no additional cost or issue a refund, as determined on a case-by-case basis.
  • Service Not Meeting Expectations: If the service does not meet the agreed-upon standards or expectations, a partial refund may be issued, subject to evaluation by Mistrioncal.
  • Change of Mind (within 7 days): If you decide to cancel a service within 7 days of booking and no work has commenced, you may be eligible for a refund. A restocking or administrative fee may apply.
  • Product Recalls: In the event of a product recall related to any materials or appliances installed by Mistrioncal, you will be entitled to a full refund or replacement.

2. Exclusions from Refunds or Returns

Refunds or returns will not be issued in the following cases:

  • Customized or Special-Order Services: Services that have been customized or specifically ordered for your needs are non-refundable.
  • Emergency or Urgent Services: Services performed under emergency conditions or urgent requests are non-refundable once completed.
  • Services Already Completed: If a service has already been completed, refunds will not be provided, except in cases of defective work.
  • Consumables and Materials: No refunds will be issued for consumable materials or labor costs that have already been expended during the service process.
  • Cancellations After Service Commencement: If the service has already begun, refunds will not be provided, even if the cancellation is made before completion.

3. Product-Specific Exclusions

  • Appliance Repair: No refunds will be issued for temporary fixes or repairs on appliances where the issue reoccurs due to unrelated factors or pre-existing conditions.
  • Electrical Services: Materials installed as part of electrical services are non-returnable once installed, and no refunds will be provided for them.
  • Plumbing Services: No refunds will be issued for partially completed plumbing work where the issue arises from factors not within Mistrioncal’s control, such as pre-existing conditions.

4. Process for Refunds and Returns

To request a refund or return, please contact our support team at help@mistrioncal.com within 7 days of receiving the service. All refund requests must include the service details, invoice number, and a clear explanation of the issue. Refunds will be processed within 15 business days of approval, and the amount will be credited back to the original method of payment.

5. Circumstances of Refund

  • If a refund is granted, it will be processed in the original payment method used.
  • In certain cases, Mistrioncal may offer a credit toward future services instead of a cash refund.
  • Refunds for services paid through third-party platforms (such as payment gateways) may be subject to additional processing time, as determined by the platform.

If you have any questions or require further clarification regarding our Refund and Return Policy, please contact us at: help@mistrioncal.com, Phone: +91 9039741277. We are committed to resolving any issues you may encounter and ensuring your satisfaction with our services.

FORCE MAJEURE


We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to causes beyond our control or without fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized actions.

DISPUTE RESOLUTION AND JURISDICTION


It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration:

In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All costs of the Arbitration shall be borne solely in accordance with the Arbitrator’s award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Jabalpur, Madhya Pradesh, India.

You expressly agree that the Terms of Use, Privacy Policy, and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

NOTICES/GRIEVANCES


Any and all communication relating to any dispute or grievance experienced by You may be communicated to Us by emailing help@mistrioncal.com.

MISCELLANEOUS PROVISIONS


  • Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between You and Us with respect to the subject matter hereof and supersede all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms of Use shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
  • Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions, and commercial expectations of the Parties hereto, as expressed herein.
  • Contact Us: If you have any questions about these Terms of Use or the Privacy Policy, the practices of the Platform, or your experience, you can contact us at help@mistrioncal.com.
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