Broomees T&C
These terms and conditions ("Terms") outline the rules for utilising the services offered through the 'website' [www.broomees.com] and the 'Broomees mobile app' (collectively referred to as the "Platform"), as well as the services provided on or through the Platform (referred to collectively as the "Services"). The Terms also include our privacy policy available at [https://broomees.com/ privacy], as well as any additional guidelines, terms, policies, and disclaimers that we may issue from time to time ("Supplemental Terms"). The Privacy Policy and Supplemental Terms are integral parts of these Terms. In the event of any conflict between these Terms and the Supplemental Terms regarding the applicable Services, the Supplemental Terms will take precedence.
These Terms establish a legally binding contract between Broomees India Private Limited and its affiliates (referred to as "Broomees," "we," "us," or "our"), and you, as a user of the Services or a legal entity booking Services on behalf of end-users (referred to as "you" or "User"). By utilising the Services, you confirm that you have the legal capacity and authority to agree to and be bound by these Terms. If you are representing another person or entity, you affirm that you possess the necessary authority to bind them to these Terms.
Your use of the Services indicates your acknowledgement, understanding, and agreement to abide by these Terms, as amended periodically. These Terms override any previous written agreements. If you do not agree with these Terms or cannot comply with their provisions, please refrain from using the Services.
"By submitting our webform while booking the Services, you agree to receive promotional calls and communications on the number shared, and such communication and SMS may be coming from a third-party platform."
1. Services
(a) The Services encompass:
(i) Providing a technological Platform that facilitates subscription-based arrangements for housemaids, cooking maids, baby caretakers, and all-rounder services with independent third-party service providers ("Helpers").
(ii) Offering perks, information, and accessories related to Helpers, subject to availability and feasibility. This includes but does not guarantee:
(A) Police clearance certificate (PCC) of Helper (if available or possible),
(B) Aadhar verification report of Helper (as per records provided by concerned government bodies),
(C) Background verification report of Helper (if available or possible),
(D) Training/Assessment of Helper for required job skills and soft skills (if required),
(E) Uniform for Helper (if available or possible),
(F) Transportation of Helper if required (for full-time/live-in Helpers only),
(G) The replacement guarantee of the helper is as per the refund and replacement policy detailed in clause 7 of these terms.
(iii) Facilitating payments to Helpers for their services and handling payment collection on behalf of Helpers, if agreed upon by both Helper and User.
(b) The term "Helper services" refers to the services provided by Helpers, such as housemaids, cooking maids, baby caretakers, and other similar services. It is important to note that "Services" specifically refer to the services provided by Broomees, not the Helper services. Broomees solely offers the Services and is not responsible for providing the Helper services. Helpers are exclusively accountable for the Helper services they provide, and any recourse regarding the Helper services lies with the Helper(s). Broomees and its affiliates do not employ Helpers; Helpers are not agents, contractors, or partners of Broomees. Helpers cannot represent or bind Broomees in any manner.
The terms of the Helper services are subject to an agreement between you and the Helper.
(c) The Platform is intended for personal, non-commercial use unless an alternate arrangement is agreed upon between you and Broomees through a separate agreement. Please note that the Platform is designed for use within India.
(d) Part of the Services involves sending you messages (via text, WhatsApp, the Broomees application/platform, electronic mail, etc.) for various purposes, including relating to your bookings, subscriptions, and use of the Services, as well as for promotional and marketing strategies.
(e) In specific situations, you may need to provide identification proof to access the Services or Helper services, and you agree to comply with this requirement. Failure to comply may result in your inability to use the Services or Helper services, and you may be banned from accessing the Services.
2. Account Creation
(a) To access the Services, you must create an account on the Platform ("Account"). During Account creation, you may need to provide certain information, including your address, household details, phone number, and family size. You must be at least 18 years old to create an Account.
(b) You warrant that the information you provide for your Account is accurate and truthful. You agree to promptly update your Account information if any changes occur.
(c) You are responsible for safeguarding the security and confidentiality of your Account and must immediately notify us of any unauthorized use or disclosure of your Account or any security breach.
(d) You are accountable for all activities that occur through your Account, including those carried out by individuals other than yourself. We are not responsible for unauthorized access to your Account.
(e) By using the Services, you agree to receive communications from us, including payment requests, information about the Services, promotional offers, and notifications related to the Services.
3. User Content
(a) The Platform may offer interactive features or services that allow users with accounts to post, upload, publish, display, transmit, or submit comments, reviews (including those about Helpers and Helper services), suggestions, feedback, or other content ("User Content").
(b) For quality control and effective service provision, we may request reviews from you about Helpers, and Helpers may also provide reviews about you. Reviews must not contain knowingly false, inaccurate, or misleading information. Reviews serve various purposes, including quality control and assessing user suitability. We reserve the right to cancel, suspend, or terminate your registration if we determine, at our discretion, that you are not a suitable user.
(c) By posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, publish, display, store, host, process, distribute, modify, adapt, translate, and create derivative works from the User Content. This license allows us to function and promote the Services and may involve advertising the Services or presenting evidence before a court or competent authority.
(d) You waive any claims relating to moral rights or similar rights concerning the User Content, as outlined in this clause.
(e) Broomees may, without notice, remove or restrict access to User Content that violates these Terms or is deemed inappropriate at our sole discretion.
4. Consent to Use Data
(a) By agreeing to these Terms, you also consent to the collection and use of your personal data in accordance with our Privacy Policy, available at [https://broomees.com/privacy]. The Privacy Policy explains the types of personal data we collect, how we process it, and your rights regarding your data.
(b) In addition to the consent provided in the Privacy Policy, you also agree to the sharing of your information with our affiliates and other third parties. We may utilize your information for purposes such as providing Services, analytics, trend analysis, targeted marketing and enhancing the Services' effectiveness and efficiency.
(c) In compliance with applicable laws, we may be required to disclose your data to law enforcement agencies or government bodies in connection with criminal or civil proceedings.
5. Bookings and Subscriptions
(a) Booking Orders: The Platform enables you to request Helper services on a subscription basis for various durations (e.g., 6 months and 12 months). To make a booking, follow the Platform's instructions, provide the necessary information, and pay the applicable Booking Fees. Upon successful booking, you will receive confirmation through various communication channels.
(b) Helper Confirmation: Once a suitable Helper is identified based on your requirements, we will provide relevant information about the Helper. Payment of Subscription Fees will be required as per these Terms or the Platform's indications.
(c) Cancellations: Booking and Subscription cancellations made before Platform confirmation will not be charged. Once a booking or subscription is confirmed, cancellation refunds will be processed based on the refund and replacement policy outlined in clause 7 of these terms.
(d) Replacement: In cases of Helper unavailability or cancellation by a selected Helper, we will provide replacements as per the refund and replacement policy in clause 7 of these terms.
(e) At the end of the initial subscription tenure, a recurring invoice will be automatically generated. Payment of this invoice is mandatory if you wish to continue availing the Helper’s services. Continued deployment of the Helper without payment constitutes a breach of these Terms and Conditions. Broomees reserves the right to take legal action in such cases, including but not limited to discontinuation of services and recovery of dues.
6. Pricing, Fees, and Payment Terms
(a) Broomees reserves the right to charge fees for different Services offered, which may be subject to change over time.
(b) Helper's Salary, Booking Fees, and Subscription Fees:
(i) "Helper's Salary" refers to the amount paid in full to the Helper for their services, paid monthly at the end of every month, to the Helper. Broomees charges a "Booking Fee" at the time of placing a booking order and a "Subscription Fee" before the helper is arranged.
(ii) Broomees will inform you of the applicable Helper's Salary, Booking Fees, and Subscription Fees at the time of booking. Payment methods for Broomees may include credit cards, debit cards, net banking, wallets, or UPI. Modes of payment are subject to modification by Broomees.
(iii) Helper's Salary may be paid directly to the Helper by any mode acceptable by the Helper. Booking Fees and Subscription Fees are payable to Broomees via any online payment methods mentioned at the time of sale.
(iv) Broomees may act as a limited collection agent for Helpers, facilitating the collection and transfer of amounts due to them.
(v) Taxes are not applicable to Helper's Salary but will be applicable to Booking Fees and Subscription Fees.
(vi) Broomees may reasonably modify Helper's Salary, Booking Fees, and Subscription Fees at its discretion. Changes will not impact confirmed bookings before the revised fees are published.
(vii) Payment of Helper's Salary, Booking Fees, and Subscription Fees is final and non-refundable, except as determined by Broomees or required by applicable laws.
(c) Payment Processors: Third-party payment processors may be used for billing through your selected payment method. Payments are subject to Payment Processor terms in addition to these Terms. Broomees is not liable for Payment Processor errors, and unsuccessful payments will be credited per the Payment Processor's terms.
(d) No portion of your payment is designated as a tip or gratuity to the Helper. Additional gratuities to Helpers are voluntary, and Broomees is not responsible for gratuities paid to Helpers.
7. Refund and Replacement Policy
(a) Replacement of Helpers during the subscription period is available under specific circumstances. A fixed number of replacements are provided without additional charges based on your subscription duration, which is clearly specified in your subscription details. However, transportation charges if applicable for replacements are mentioned below:-
For 24 Hrs Live-in services:
Delhi:- ₹ 500 per Pick and Drop
Gurgaon:- ₹ 1000 per Pick and Drop
Noida:- ₹ 1000 per Pick and Drop
(b) Replacement requests must align with the refund and replacement policy outlined in this clause and must have a valid reason for replacement, ie, if Helper has completely stopped working or is taking frequent leaves, has behavioural or skill-based issues, etc. If the reason for replacement is not acceptable to Broomees or is based on discriminatory biases of religion, caste, colour, gender, etc., it will not be entertained and services may be forfeited.
(c) Replacement of workers will occur within 1-7 working days for Part-Time Services and for Full-Time Services replacement will be provided basis the Turnaround Time (TAT) as communicated by your dedicated RM from the release date of the previous worker. The due payment for the present days of the replaced worker must be cleared before the replacement worker can be deployed at the customer's place. The replacement tenure will be counted from the date of joining given by the customer.
(d) Job descriptions for replacements must remain consistent. Changing job descriptions requires a new booking, with no refund for the original booking.
(e) Before a replacement is provided, a mediation call will be conducted with the worker. Based on the outcome of this discussion, Broomees will decide whether a replacement is appropriate. If not, the existing worker will continue.
(f) The Helper's Salary for the new Helper cannot be lower than the previous Helper's salary.
(g) The refund of booking fees applies only if a suitable helper cannot be found within 7 working days, after the subscription amount is paid and from the date of joining given by the customer. Otherwise, booking fees are non-refundable.
(h) Replacement of workers will be provided within 1-7 working days for Part-Time Services. For full time workers, replacement will be provided basis the Turnaround Time (TAT) as communicated by your dedicated RM. Refund of subscription fees will be considered in cases if this TAT has been breached by Broomees. The first day is counted as the day after the payment is made.
Please note that the refund amount will be appropriately adjusted (as per the refund clause) to account for the utilised subscription period and any related expenses. Refunds will be issued in the form of a Credit Note, which will remain valid for six months from the date of issuance.
(h) The refund amount will be calculated on
(A) pro-rata basis based on tenure subscribed and utilised
(OR)
(B) pro-rata basis based on the number of replacements exhausted,
whichever is lower.
Additionally, a standard cancellation fee of ₹1,000 will be applicable to cover expenses for the efforts made by our team during the service period.
EXAMPLE:
It is the 3rd month of the subscription period, 2 replacements have been exhausted, and the customer had subscribed to Broomees services with a 12-month plan and 5 replacements included, for INR 12,000 in total.
If a refund is due as per T&C, it'll be calculated as follows:
A = 12,000 - 3x(12,000/12) = 9,000
B = 12,000 - 2x(12,000/5) = 7,200
The final refund will be = INR 7,200 (lower of A & B) - INR 1,000 (cancellation charge) = INR 6,200.
(i) No replacement or refund will be provided in any other cases, including mistreatment of helpers, relocation without notice, cancellation due to your discretion, hiring through other sources in between Broomees service period and other scenarios.
(ii) If the service has been used for 1–15 days, charges for 15 days will be deducted. If it exceeds 15 days, charges for the full month on a pro-rata basis will be deducted.
8. User Conduct
(a) Discrimination against Helpers based on various characteristics is prohibited.
(b) Helpers must be treated with courtesy and respect, and a safe environment must be provided for them to perform their services. Helpers may refuse service if an appropriate environment is not provided.
(c) Reporting any disrespectful, abusive, or inappropriate behaviour of Helpers is required within 48 hours.
(d) Basic food meal has to be provided in cases where the shift timings are more than 5 hours and the reporting time is 8AM or before.
(e) Basic 15 mins leeway for reporting at customer's house has to be allowed to the worker.
9. Third-Party Services
(a) The Platform may include Third Party Services, including links to products sold by third parties. Third-party services are provided by the respective third parties, and your use of such services is at your own risk.
(b) We make no representations or warranties regarding Third Party Services and are not responsible for them. Your engagement with Third Party Services is governed by the third parties terms and conditions. These refined terms and conditions outline the rules for using Broomees' services and Platform. Please read them carefully and ensure compliance to enjoy a seamless experience.
10. YOUR RESPONSIBILITIES
(a) Accuracy of Information: You declare and confirm that all information provided by you in connection with the Services and Helper services is accurate, complete, and true at the time of agreeing to these Terms. You agree to ensure the continued accuracy and truthfulness of this information throughout your use of the Services and Helper services. In the event of any changes to the provided information during the term of these Terms, you undertake to promptly notify us of such changes. We shall not be held responsible or liable for any losses or damages you may incur due to incorrect, incomplete, inaccurate, or misleading information, documentation, material, or data provided by you.
(b) Cooperation in Legal Proceedings: You shall extend your full cooperation to us in the event of any legal proceedings initiated against us due to a breach of your obligations or covenants under these Terms. You agree to assist us in our defence and take necessary actions to protect our interests.
(c) User Content Representations:
(i) You represent and warrant that you possess all necessary intellectual property rights or permissions to provide User Content and grant the licenses as outlined in these Terms.(ii) You are solely responsible for all activities conducted through your Platform account and all User Content you submit.
(iii) Your User Content does not infringe any obligations or responsibilities under other agreements.
(iv) Your User Content does not violate or infringe upon any intellectual property or proprietary rights, including rights of publicity or privacy, of any person or entity.
(v) Your User Content is free from harmful components such as viruses, corrupted data, or destructive files.
(vi) Your User Content does not contain false, misleading, defamatory, harmful, offensive, obscene, pornographic, discriminatory, or otherwise objectionable material. (vii) Your User Content complies with all legal and ethical standards and does not violate any third-party rights.
(d) Responsible Use of Services: You shall use the Services solely in accordance with these Terms. Specifically, you shall not:
(i) Infringe upon any intellectual property rights, including copyrights, patents, trademarks, or trade secrets of any party.
(ii) Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create derivative works from, or license the Services, except as permitted under these Terms.
(iii) Transmit data containing viruses, malware, or other harmful code designed to disrupt computer software or hardware.
(iv) Use any automated methods to monitor, copy, or interact with the Services.
(v) Systematically retrieve content from the Services to compile databases, directories, or other collections.
(vi) Engage in unlawful, fraudulent, malicious, or inconsistent activities with these Terms.
(vii) Attempt to gain unauthorized access to the Services or our systems.
(viii) Violate applicable laws in any manner.
(ix) Interfere with or disrupt the functioning of the Services.
(e) Safe and Respectful Treatment of Helpers: You shall treat Helpers with courtesy, and respect, and provide a safe environment for them to perform their services. Helpers have the right to refuse service if suitable conditions are not provided.
(f) Reporting Inappropriate Behavior: You are obligated to report any disrespectful, abusive, or inappropriate behaviour of Helpers within 48 hours of the incident.
(g) Non-Solicitation of Helpers: You shall not directly or indirectly solicit, influence, approach, or engage Helpers you have availed services from to terminate their registration or engagement with the Platform. You acknowledge that this limitation is necessary to protect the privacy and security of Helpers and does not restrict your ability to obtain similar services through the Platform or other means.
(h) No conference calls are arranged by Broomees.
(g) Number of the worker is not shared until dispatch has been confirmed by the client.
11. OUR INTELLECTUAL PROPERTY
(a) Ownership of Services: All rights, titles, and interests in the Services, including associated intellectual property rights, are owned by us or licensed to us. Subject to compliance with these Terms, we grant you a limited, non-transferable, non-sublicensable, and revocable license to use the Services in accordance with these Terms and any instructions provided by us. No rights beyond those expressly granted herein are conferred.
(b) Feedback Usage: You may provide suggestions and feedback ("Feedback") to us. We may use, copy, disclose, publish, display, distribute, and exploit the Feedback without any obligation of royalty, acknowledgement, or consent.
(c) Intellectual Property Limitation: Except as expressly stated in these Terms, nothing herein confers any right or license to use our or any third party's intellectual property rights.
12. TERM AND TERMINATION
(a) Duration of Terms: These Terms remain effective unless terminated as specified herein.
(b) Our Right to Terminate: We may restrict, deactivate, or terminate your access to the Services:
(i) Immediately if you breach these Terms or fail to meet the standards required to use the Services;
(ii) Immediately for other legitimate reasons or due to legal or regulatory requirements.
(c) Termination by You: You may terminate the Services by notifying us via email at support@broomees.com
(d) Effects of Termination: Upon termination, your account expires and access to the Services is restricted.
13. DISCLAIMERS AND WARRANTIES
(a) Service "As Is": The Services are provided "as is" without warranties of any kind. We do not guarantee that the Services will meet your expectations or requirements.
(b) Disclaimer of Helper Services: While we strive to provide accurate Helper service information, we make no warranties about the quality, reliability, or accuracy of the Helper services. We are not liable for Helper services, their performance, or any damage caused by Helpers. Booking Helper services establishes a direct contract between you and the Helper.
(c) User Assumes Risk: Your use of the Services and Helper services is at your own risk. We are not responsible for any consequences arising from your use of the Services.
(d) Limitation of Liability: Broomees is not liable for any loss or damage arising from the Services. We are not liable for any indirect, incidental, consequential, or exemplary damages due to the Services or Helper services or Helper.
14. INDEMNITY
You agree to indemnify and hold us harmless from any claims, demands, losses, liabilities, damages, costs, and expenses arising from your use of the Services, violation of these Terms, or any breach by third parties using your account.
15. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) Jurisdiction and Governing Law: These Terms are governed by Indian laws, and disputes shall be subject to the jurisdiction of Delhi courts.
(b) Arbitration: Disputes shall be resolved through arbitration in Delhi under the Arbitration and Conciliation Act, 1996. The decision of the arbitrator is final and binding.
16. GRIEVANCE REDRESSAL
You may contact our designated Grievance Redressal Officer for complaints or queries related to the Services.
17. Direct Employment Restriction:
Any helper introduced to the customer by Broomees India cannot be employed directly by the customer without the payment of a subscription to Broomees or the renewal of an existing subscription. Failure to adhere to this condition grants Broomees the right to take appropriate legal action against the customer.
18. MISCELLANEOUS PROVISIONS
(a) Changes to Terms: These Terms may be revised at any time, and changes are effective immediately upon posting. Continued use of the Platform implies acceptance of changes.
(b) Modification of Services: We reserve the right to modify or discontinue the Services at any time.
(c) Severability: If any provision is unenforceable, the remainder of the Terms remain valid.
(d) Assignment: You may not transfer your rights without our consent. We may assign our rights.
(e) Notices: Official notices should be sent to support@broomees.com.
(f) Third Party Rights: No third party has rights under these Terms.
(g) Force Majeure: We are not liable for events beyond our control.
These refined terms elaborate on your responsibilities and expectations when using our services.
Please review and adhere to them for a seamless experience.
