a) www.proeves.com (hereinafter referred to as "Website") is an online platform and PROEVES (“App”) is the mobile application, owned by Proeves Solutions Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office at S- 401, School Block, Nehru Enclave -II, Shakarpur, New Delhi East Delhi DL 110092 (“Company”), represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
The Website/App is an online platform/mobile application that is engaged in the e-commerce business of providing and facilitating child care services through its Website and App (“Services”) through which customers can book appointments and avail of the Services. The Website connects users to daycares and preschools and other related businesses in certain vicinity.
The term "You" or "User" shall mean any natural or legal person or entity including accessing or using the services provided on this Website;
The term "We", "Us", "Our" shall mean the website and/or the Company, as per the context.
c) The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
e) You are advised to read these Terms carefully before using this website. Once You accept these Terms, it will be a legally binding agreement between You and the website, and you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site.
Access to Proeves: We will do our utmost to ensure that availability of the device support application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the site or application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Your conduct: You must not use the device support application in any way that causes, or is likely to cause, the site or application or access to it to be interrupted, damaged or impaired in any way You understand that you, and Pro-eves, are responsible for all electronic communications and content sent from your computer to us and you must use the device support application for lawful purposes only. You must not use the device support application for any of the following:
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.
3. PROEVES ACCOUNT
b) You may be able to log into the website by linking a social media account such as Facebook or Google. You confirm that you are the owner of any social media account and that you are entitled to disclose your social media account information to us. Further, you give us permission to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions,
c) By creating an account and/or claiming your business listing or asking us to create a business listing for you, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You would be liable for any false information that is provided.
d) You are solely responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting in your name on our website.
4. TERM &TERMINATION
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the Website/App or any portion thereof at any time, without notice.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
We or our affiliates responsible for making the software available, may design our website or application in such a manner as to automatically check for updates. Unless your device or any settings do not permit automatic transmission, upgrades or updates, you agree that we, or the applicable software affiliate, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
Proeves has the right, but not the obligation to monitor and edit or remove any content posted by you as your Communication. Proeves cannot review all Communications made on the Site. However, Proeves reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Proeves in its sole discretion deems inappropriate, offensive or contrary to any Proeves policy, or that violate theses terms.
7. DEALS AND OFFERS
PROEVES provides an opportunity to for customers to avail offers / value deals from the businesses / merchants in the Childcare services. PROEVES allows users to book from amongst the listed centres with offers listed on them on the website or App. The user is aware that the term "Deal(Discount)" here means the limited promotional offer, which is valid for the Promotional Period only, made by a Merchant, in terms of which the Merchant offers to supply certain Products and Services at a discounted rate and the term "Promotional Period" means the period of time during which a Deal can be availed for the Products and Services sold by a Merchant. Each deal is limited and accordingly, will be sold on case-by-case basis on individual services sold on the Website/App’s promotional page. Each Deal has certain specific terms associated with the Deal, which will be presented to the user before the user commits to purchase the particular Product or Service. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. The Promotional Period (including, but not limited to, any discounts provided by the website/App) expires on a specific date specified on the website/App. After the expiry date of the Promotional Period, such deals or offers become invalid.
The membership of this website/App is free of cost and this includes the browsing of the site and the use of the services. You only have to pay for the services purchased. However, we reserve the right to amend this no-fee policy and charge for any or all services rendered. In a case that such happens, users will be intimated of the same when they try to access the website/App, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
9. RANKING ALGORITHM
We have a page ranking algorithm for the Service providers, which is based on many things and also the rating provided by various users of the services of the service providers. These ratings do not represent any fixed objective rating or endorsement by PROEVES. The ratings keep changing from time to time, basis user experiences & other factors and PROEVES will not be liable for these changes. The page ranking alogorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the user experience. PROEVES in no event will be held responsible for the accuracy and the relevancy of ratings on the Website & App.
10. MODE OF PAYMENT
The following payment options are or will be made available on the Website/App in the future:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b) Visa Debit cards;
c) Netbanking/Direct Debit payments from select banks in India. A list of banks is available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect Proeves Solutions Private Limited. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the website/App. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the Website/App, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.
Once upfront payment has been made, the User will receive the SMS/Mail with booking details along with Service/Transaction ID and One Time code. This SMS/Email must be presented to the selected vendor at the time of availing service. Once the payment has been made to purchase a voucher and the voucher has been issued, the User may cancel the transaction at any time, but not less than one hour before the date & time of booking. If you want to cancel, you must do so by logging into your account on website or app and cancel the booking, providing the reason. We reserve the right to deduct payment gateway charges incurred on such a cancellation transaction.
PROEVES is not liable to refund any amount, and for cancellation and refund we need to follow the cancellation policy. We at PROEVES will work towards customer satisfaction & thus have a very customer friendly cancellation & refund policy
1. For on demand hourly daycare
a. In case customer wants to cancel the booking one hour before the date and appointment time, we will provide full refund, as per the timelines mentioned below in point 3.
b. In case customer wants to cancel the booking after visiting or using the centre for a lesser time duration, we will provide prorated refund on the discretion & policies of the service provider (Daycare/Preschool) in this case and Proeves will help in all commercially feasible ways to get this refund.
c. In case of cancelling the booking less than one hour in advance of the date and appointment time, only 50% of the fees for the booking period will be refunded. In case of no-show for On demand hourly daycare (that is where customer did not cancel the appointment, neither visited the service provider at the designated time), only 20% of the fees for the booking period will be refunded. Refund by the customer can be claimed from Proeves within 2 days.
All refunds will be dependent on the discretion & policies of the service provider (Daycare/Preschool) in this case and Proeves will help in all commercially feasible ways to get this refund.
2. For all other services
a. In case customer wants to cancel the booking anytime before the start date we will provide full refund, except for one time charges which includes admission form and other things as per the policy of the Daycare/ Preschool as per the timelines mentioned below.
b. In case customer wants to cancel the booking after visiting or using the centre for sometime, we will provide prorated refund on the discretion & policies of the service provider (Daycare/Preschool) in this case and Proeves will help in all commercially feasible ways to get this refund.
3. In case we are unable to confirm any booking made by the customer, the amount collected will be refunded back in the same mode of payment within 7 working days (time taken to refund will be subject to refund policies of the third party payment gateway, in case the same has been used)
4. In case the service provider is unable to complete any or all services, the customer can get proportionate refund by calling us or sending email to email@example.com and describing the service failure.
Transactions on the Website/App are secure and protected. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
12. USER OBLIGATIONS
You are a restricted user of this website/App.
a) You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/App. With our prior permission limited use may be allowed For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted.
b) You agree not to access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Website/App. Further, You may report such offensive content.
c) In places where this website/App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
d) You shall not impersonate any other party, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the website/App that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may us or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website/App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
13. SUSPENSION OF USER ACCESS AND ACTIVITY
aNotwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Site/App.
If the User is in breach any of the terms and conditions of this Agreement;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other users or to us.
14. INDEMNITY AND LIMITATIONS
You agree to defend, indemnify and hold harmless the website/App and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable to 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 or whether or not we have 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 website/App, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
15. INTELLECTUAL PROPERTY RIGHTS
a) Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website/App’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 this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the Website/App are a property of the Company. Furthermore, with respect to the Website/App created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
b) You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
c) You further acknowledge that the Website/App or Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
d)We do not warrant or represent that your use of any content or materials displayed on the website will not infringe rights of third parties not affiliated with us. You agree to immediately notify us upon becoming aware of any claim that any content on the website/App or any Services infringe upon any intellectual property of any party including but not limited to copyright, trademark, or other contractual, statutory, or common law rights.
e) The logos of various service providers (Salons / Spas etc) are the intellectual properties of the respective service providers & we do not claim them to be ours. We respect their intellectual property rights. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an "as is" basis without any warranty whatsoever either express or implied.
b) All the content on this website is for informational purposes only.
c) We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
d) PROEVES is merely a promotional platform and is in no way responsible and liable for quality of services offered by merchants on its platforms, including the services promoted through the deals and offers.
e) PROEVES discounts/offers are promotional offers and shall be subject to the standard terms and conditions and specific terms and conditions. PROEVES discounts/offers are issued on behalf of the Institutions and only such Institutions shall be responsible for, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Institutions or which arises out of the goods and/or services provided.
f) The Website/App and the Company or the Institution is not responsible for lost or stolen Vouchers or the reference number mentioned on it. PROEVES Vouchers cannot be combined with any other gift vouchers, third party vouchers, or promotions, unless otherwise specified by the Institution
g) The Website/App and the Company Or any of its agents, servants or assigns shall not be liable for any direct or indirect, willful or otherwise, act or omission that can be attributed to the services of Participating Merchants. The Website/App and the Company Or any of its agent, servant or assigns have no liability whatsoever in case any third party claims, demands, suit, actions, or other proceedings are initiated against the Participating Merchants or any of its personnel or any other person engaged by the participating medical professionals in the course of the performance of his services. The Website/App and the Company or any of its employees, agent or assignees shall not be held responsible for any negligence, deficiency of service, damage caused by the respective Participating No corporate entity recommends or endorses the the Website/ Application platform/portal and/or the offers available on the said platform.
h) You agree and undertake that you are accessing the Website/App and transacting at Your sole risk and are that You are using your best and prudent judgment before accessing or using any information on the Website/App.
i) The Website/App and the Company accept no liability for any errors or omissions, whether on behalf of itself or third parties.
j) You agree that institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and also agree to, and shall abide by those terms and conditions. The responsibility to do so is yours alone.
k) We do not guarantee the functions contained in the site/App will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
l) There may be some information or pictures about the products used by the Service Providers displayed on the website. We do not make any warranties that such information is accurate and we do not endorse such products or make any warranties, express or implied with regard to their suitability, quality or performance.
m) Any pictures of these products or any trademarks, copyright, design or other intellectual property that may be displayed on the website/App is purely for the purpose of providing information to our users. We do not claim to manufacture, sell or make available any of the products displayed.
n) Unless stated otherwise, all content, including any pictures displayed on the website are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please email a request to remove any content by sending an email to contact@PROEVES.com, if you feel that your copyright or other intellectual property right has been infringed upon.
17. CONTENT AND SUBMISSIONS
a) We welcome your suggestions and comments regarding your experience using our Website/App. Any comments, ideas, suggestions, initiation, or any other content you contribute to the Company or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.
b) You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site/App and that use of your content by the Company will not infringe upon or violate the rights of any third party.
c) You further represent that your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects a real that you had and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
d) You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.
e) Any review posted by a user does not reflect our opinion in any way. Each and every review posted on the website/App is the personal opinion of the User only. We are a neutral platform and solely provide a means of communication between users. Any advertisements on the website are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the website/App. If the business user believes that any particular user’s review violate our Policy, the user can flag the review to our attention. We may remove the review in our sole discretion.
18. THIRD PARTY CONTENT
b) Third party content, including that posted by our users, does not reflect our views or that of our branches, employees, officers, directors, or shareholders. In addition, none of the content available through the website is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any third party content. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
19. DISPUTE RESOLUTION AND JURISDICTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
a) Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The parties in good faith will attempt to bind by the decision.
b) Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Company. The arbitration shall take place at Gurgaon, Haryana, India and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Gurgaon, Haryana, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Gurgaon, Haryana, India, and you hereby submit to the personal jurisdiction of such courts.
20. MISCELLANEOUS PROVISIONS
a) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, 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 other such breach, or a waiver of any other breach of this Agreement.
c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
21. Modification of Terms and conditions of Service
Proeves.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on proeves.com You can access the latest version of the User Agreement at any given time on proeves.com You should regularly review the User Agreement on.proeves.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
All the contents provided in the website are for informational purpose only. Under no circumstances, the company or its directors, officers, members will accept any liability or responsibility for any misconduct on the part of the Preschool and/ or Day Care Centres and their Administration. Customers are requested to conduct their own Scrutiny and Verification of the DayCare and Preschool Centres before associating with the same
23. Our Details
This website and application is operated by “PROEVES SERVICES PRIVATE LIMITED”
For Proeves website