TERMS AND CONDITIONS
This Web Application /App (hereinafter referred to as the “Platform”), is a Service App providing a Platform for engagement of Costumers (“Users” or “You”) with Photographers/ Makeup artist / Mehendi Artist /Service Professionals and Vice Versa.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed in connection with applicable services. Supplemental terms are in addition to and shall be deemed a part of the Terms of the purposes of the applicable Services.
Includes request for Services by making the advance payment.
Scheduled time of Services as chosen by the User when Service Professional commences rendering its Services.
2.3 Completion of Booking
Completion of booking is defined different for different types of services. In case of makeup artist when the user is provided with the makeup service, she/he has asked for. In case of Mehendi service, when the user is provided with the Mahendi service, she/he has asked for. In case of Photography, when the photographer goes to the venue and shoots the event according to the requirement of the user.
2.4 Completion Services
When Service Professional completes the Services for which Service Professional is booked.
2.5 Cut Off Period
Refers to 30 days time before commencement of booking.
2.6 Place of Service
Place, venue, location where Service Professional is required to arrive to render its Services.
services herein include photography/make up / Mehendi Services provided by the Service Professionals.
3.1. While this website is open for all ages however, for persons Younger than 18 years old, the use of any of our services and website is only allowed with the valid consent of a parent or a guardian. We understand that You may need to provide us with information belonging to persons Younger than 18 years old so as to avail our services, however, You do so at your own legal risk and in such a scenario, the responsibility to seek a valid consent from a guardian or a parent shall lie upon You and SWAGRANI disclaims any and all liability arising from the data/information provided in such an event and You shall indemnify SWAGRANI for the same. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact the grievance officer by mailing to email@example.com
3.2. You have the option, at any time while availing the services or accessing the website/app to withdraw your consent given earlier to SWAGRANI for the collection and use of your information. However, in case of such withdrawal, SWAGRANI has the option to refuse to provide access to its services/website and app for which the said information was sought.
- USER ACCOUNT REGISTRATION
4.1. In order to access our services, you are required to fill in the form provided in the CTA buttons, post which one of our advisors will get in touch with you to help you select the right person based on your needs.
4.3. The information may include, without limitation, the following:
- Email Address
- Phone number
- 5. Any other information as required from time to time.
- 5. DECLARITION
5.1 While making a payment you understand that you don’t need to disclose any of your confidential payment related information to the representative. You will be provided with a payment link which you need to pay using any of your preferred e-payment options (netbanking, UPI, payment wallets)
- 6. USE OF PERSONAL INFORMATION
6.2. All personal details related to User’s personal information, are deemed confidential and all necessary precautions are taken to maintain them in a secure environment and that the details are not divulged to any third party, other than to appropriate authorities, only in case if there is a legal requirement. SWAGRANI will not sell, share, or rent your personal information to any third party without your consent.
6.3. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org. We shall assist you in doing the same however, we may retain a copy of the information you provide or is collected from you for archival purposes or to comply with any applicable laws.
- 7. BOOKINGS
7.1. SWAGRANI endeavors to match Users with the most suitable Service Professional in your area based on information provided by You. Users will be able to choose from number of Service Professionals and User may choose to book any of the available Service Professional based on his/her sample work, availability, ratings, location etc. Once You book the Service Professional chosen by You, SWAGRANI will send your Booking request to the Service Professional.
7.2. The user will be required to pay the advance fee for the booking to be confirmed. The amount will vary based on the service being opted for. The user will be informed of the charges by our advisors during the sales process. The user is required to understand them thoroughly and then proceed to make the booking.
7.4. Once the Service Professional accepts your request, Service professional will reach Place of Service as per the date and time scheduled by You.
- 8. CANCELLATION
8.1. Cancellation by User-
- a) In the event User intends to cancel the Booking before the cut off period, the Service Professional shall treat your Booking as cancelled without any cancelation charges and payment, if paid any, will be refunded to You.
- b) In the event User intends to cancel the Booking post the cut off period then SWAGRANI will be entitled to charge cancellation fees. The cancellation is 100% of the advance amount paid during the booking.
- c) You will also be charged full payment if You:
- Cancel a Booking other than as permitted above.
- Attempt to cancel a Booking on or after the scheduled time of Service; or
- Fail to arrive at the scheduled time of Service and/or at the Place of Service.
- Fail to provide accurate information of Place of Service for Service Professional to reach the Place of Service
- Fail to provide accurate and complete contact details or personal information such as but not limited to full name phone number and address
- Fail to make any advance payment as required by SWAGRANI for the Booking.
- Any other reason for which User is responsible.
8.2. Cancellation by Service Professional-
- a) In case Service Professional cancel a Booking due to non-availability or any other reason beyond the control of Service Professional, then SWAGRANI will refund advance payment, if paid any, to the User and User will receive an email/ phone call from SWAGRANI containing alternative offers to provide Services and other related information.
- b) It is explicitly informed to the User that the Service of the Service Professional is required to commence within 15 minutes of Service Professional reaching the Place of Service even if User has reached or not or if the event of the User is running late, etc., the booking shall automatically get cancelled post 15-minute time period and Company shall not be responsible for any kind of distress, trauma, drama, agony suffered by the User
9 EXTENSIONS AND DELAYS
9.1 If You intend to extend the time for Services, the Service Professional will endeavor to fulfil your request. This is however subject to the availability of the Service Professional and payment of an additional charge for the extended time.
9.2. The Service Professional has the right to refuse the extension of services and if Service Professional refuses to extend the Services, then such service shall stand cancelled on Completion of Services. User do not have the right to demand or force Service Professional to extend the time period for Services.
9.3. If You are delayed and unable to start the Service at the Place of Service at the scheduled time of Service by more than 15 minutes then, unless the Service Professional agrees to the contrary (which is within the sole discretion of the Service Professional):
- the Service Professional is entitled to end the Services at the time of Completion of Services, and User will be charged accordingly; or
- if You and the Service Professional agree to proceed with the Services for the full time allotted notwithstanding the delayed start time, then You shall be obliged to pay before the relevant Service is given, an additional charge for extra time.
- 10. SERVICES BY SERVICE PROFESSIONAL
10.1. Service Professional will bring requisite equipment in order to fulfill the Services and the Service Professional shall act on the instructions of the User for the time period of Service.
10.2. In the event time period for Services is more that 4 hours then service Professional has a right to take 15 minutes break.
- 11. PRICES AND PAYMENT
11.1. All prices for Services by Service Professionals listed on the Platform are correct; however, we reserve the right to alter these in the future.
11.2 A booking is not confirmed until the user pays the advance amount. Post payment of which the booking will be deemed confirmed.
11.3 Any cancellation post a confirmed booking will be governed by the cancellation policy as stated in this document.
11.4. SWAGRANI may charge You convenience fee for the Services provided to You. Such Fee may be charged from You at the time of Booking of Services or upon the Completion of Service.
11.5. After Completion of Services, User will receive a cost summary sheet which will enumerate all the details relating to the charges which are required to be paid by the User. The user amount to be paid will be total cost as shared in the service cost – the cost paid as advance during the booking. User may choose to pay through any of the method of payment to the service provider directly.
11.6. User is required to pay all charges including additional charges for any additional services. Which includes cost of travel incurred by the service provider, accommodation charges and other miscellaneous charges incurred by the service provider in order to fulfill the client’s requirement. Company reserves the right to withhold raw data until all charges are paid by the User. SWAGRANI will not be liable for any emotional, physical, or financial loss so caused to the User due to partial or non-payment of the charges.
11.8. In the event User fails to make the payment at the relevant time then SWAGRANI reserves the right to charge any additional charges towards serves, delay of Service completion, interest on delayed payments, etc. However, SWAGRANI is not obligated to keep the raw data or edited pictures of the User for time immemorial and reserves the right to delete the said data as per the process and procedures of the Company.
- 12. PHOTOGRAPHS, EDITING AND RE-EDITING
12.1. Once the Services are completed and User has paid the demanded payment/ charges. User will get a access to the raw data from the service provider (In this case a photographer). User can download the raw data on his device. User may choose from the raw data such number of photos as detailed in the order details within 30 days. Such selected photo will be edited within 10 days from the data of access to the User.
12.2. The raw data will remain with the service provider for a limited period of time. User must download the data using the link provided by the service provider. After 14 days of providing the user with the link to download the data, the service provider(photographer) will delete the data. It is strictly understood that after 14 days the data will be deleted from the service provider’s account. SWAGRANI will not be responsible if User lost raw data in any way and we will not be held liable for any emotional, financial, physical loss occurred due to deleting of raw data.
12.3. User will choose the number of pictures/photos as detailed in the order form of booking. In the event User choose not to exhaust the said limit then SWAGRANI is not obligated to provide the remaining number of photos at a later date of time.
12.4. The User also has a right to choose the additional photographs to be edited from the raw data over the prescribed limit, in the order form on paying additional charges for the same.
12.5. The photographs selected will be edited and provided to the User within 10 days from the date of selection by the User.
12.6. The edited photos provided shall be full and final and the service provider(photographer) is not obligated to further edit the edited photographs at the request of the User.
12.7. We provide photos best to our ability and service. Users will not get any option of re-editing the photos provided to the Users.
- 13. SERVICE PROFESSIONAL CONDUCT
13.1. We endeavor to provide best Service Professional and best Services to the User and to make the event of the User memorable and unforgettable. In order to do so Company has laid down certain parameters and process to be adopted by both, the User and the Service Professional. In the event Service Professional breaches/oversteps on any of the following point mentioned hereinbelow we request User to immediately drop a mail or contact customer care immediately at email@example.com
13.2. Some of the process/values which are required to be adhered by the Service Professional are-
- a) Not engage in any inappropriate behavior including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking, theft and/or other inappropriate behavior.
- b) Not harass, abuse, threaten or otherwise infringe or violate the rights of User or any person related to User
13.3. In the event there is any grave nuisance or complaint against Service Professionals which requires the User to file a police complaint against the said Service Professional then it is understood that SWAGRANI will not be the party to the said complaint and User understands, warrants, and declare that User shall not make SWAGRANI a party to the said complaint. Further in such an event SWAGRANI shall provide all the requisite details in its possession of Service Professional in order to support the User to do the needful.
13.4. In an event User makes SWAGRANI a party to such a case, then User undertakes to indemnify the Company against any loss, claims, damages, costs and expenses, including advocate’s fees whatsoever incurred due to any act/omission of the Users.
- 14. USER CONDUCT
14.1. The Service Professional reserves the right to terminate the services at any moment if User indulges in any immoral conduct including but not limited to-
- a) Engage in any inappropriate behavior including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behavior.
- b) Infringe the privacy rights, property rights, or other civil rights of Service Professional.
- c) Harass, abuse, threaten or otherwise infringe or violate the rights of Service Professional.
- 15. NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
15.1. When a User selects a Service Professionals on this Platform, it is to be clearly understood that SWAGRANI is providing a service between Users and Service Professionals and has no control over the conduct of the Service Professionals and shall not be vicariously liable for the same.
15.2. The Users understands and undertakes to abide by all the rules and regulations as laid down by Platform and hereby undertakes to indemnify the Company against any loss, claims, damages, costs and expenses, including advocate’s fees whatsoever incurred due to any act/omission of the Users
15.3. The Web application, and content thereon is operated by SWAGRANI on an “as is,” “as available” basis, without representations or warranties of any kind.
15.4. If the User engages with or hire Service Professional directly, without any involvement of SWAGRANI, then such a transaction is between the User and the Service Professional. In such an event User acknowledge and agree that SWAGRANI is not a party to such an agreement, and SWAGRANI will not be responsible for any loss or damage occurred to the User due to that transaction and You are solely responsible for performing the obligations of such agreement.
- 16. USE OF PERSONAL INFORMATION
16.2. All personal details related to Service Professional, are deemed confidential and all necessary precautions are taken to maintain them in a secure environment and that the details are not divulged to any third party, other than to appropriate authorities, only in case if it is a legal requirement. SWAGRANI will not sell, share, or rent your personal information to any third party without your consent.
- 17. COMMUNICATIONS/NOTIFICATIONS
SWAGRANI will notify its registered Users about regular updates, offers, promotions, and new additions to its platform via EMAIL, Whatsapp messages, text message etc.
- 18. INTELLECTUAL PROPERTY RIGHTS
18.2. Any distribution, modification, hosting, transmission, publication or use of the content, including text, images, audio, and video, for any personal, business, commercial or public purpose without prior permission is subject to legal action.
18.3. SWAGRANI accepts all personal details provided in good faith as being truthful and accurate and therefore, is not obligated to verify any User information.
18.4. SWAGRANI reserves the right to post the photographs on its social media handles including but not limited to Facebook, Instagram, etc., along with User’s profile, feedback and charges paid by the User.
- 19. DISPUTE RESOLUTION AND REDRESSAL MECHANISM
19.1. Any complaints, abuse or concerns with regard to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned below through email signed with the signature at firstname.lastname@example.org
19.2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of India. The parties to these Terms and Conditions will submit all disputes arising under this agreement to seat of Sole Arbitrator in Assam. The Arbitrator shall be selected by mutual agreement of the parties or by the court having appropriate jurisdiction to do the same. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.
- 20. GOVERNING LAW AND JURISDICTION
- 21. MERGER AND ACQUISITION
In the event that SWAGRANI is acquired by or merged with third party entity We reserve the right, in any of these circumstances, to transfer or assign the information SWAGRANI has collected from its Users as part of such merger, acquisition, sale or other change of control.