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Terms and Conditions

Terms and Conditions

As on 08 Aug 2024

This mobile application (“Canbook App”, “Mobile app”, “App”) and website - www.canbook.in (“Website”) is owned and managed by Canbook Services LLP (ACI-1689), registered at Flat-1201, Shukan Sky, Wing-A, Dabholi Link Road, Dabholi, Katargam, Surat City, Surat- 395004, Gujarat, India (“Canbook”, “our, we, us”). These Terms and Conditions (“Terms” or "Terms and Conditions") constitute a legally binding agreement ("Agreement") between you (“Customer”, “You”, “Service Provider”) and us, regulating the access to and use of Canbook, as well as the legal relationships resulting from the purchase of products or services (“Services”).
Please read these Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use our Services, Website, App, or register as a member.
Please also see our Privacy and Data Protection Notice for information about how we collect and use your personal data.
By installing, using, registering with, or accessing Website or App, you expressly agree to be bound by all of these Terms and Conditions. You are responsible for ensuring that all persons who access the Website or Services through your internet connection are aware of these Terms and Conditions and that they comply with them. If you are accepting these Terms and Conditions on behalf of a Service Provider then you agree and accept that these Terms and Conditions will be binding on all personnel who use the App or Website on behalf of that Service Provider.
An updated version of these Terms is always available on the Canbook App or Website. The date of the Terms is indicated above. People who are not registered with the Canbook App will only be able to view and use some of the features available on the App, however, they will not be able to use certain services.
1. Introduction and General description of the service
1.1 The Canbook App is an electronic booking system that can be used by you as its User to book certain services with the desired service provider (“Service Provider”). The number of possible types of services is not limited and is constantly being increased.
1.2 As the booking system provider, we do not deliver, provide, control, offer nor are the owner of any Services hosted on the Canbook App. As the User books a service and the Service Provider confirms the service booked ("Booking"), the parties enter into an agreement with each other, and Canbook is not considered to be a party to this agreement ("Agreement"). Likewise, Canbook is not a party to any contractual relationship between the Service Provider and the User.
1.3 All commercial/contractual terms are offered by Service Provider and agreed by the Customer alone with respect to product and services, Service Providers provide on the Platform. Canbook is only providing a platform for communication and facilitation, and it is agreed that the contract for sale of any of the products or booking of services shall be a strictly bipartite contract between the Service Provider and the Customer. The commercial/contractual terms include without limitation, price of the products or services, applicable taxes, payment methods, payment terms, date, period and mode of delivery, quality and warranties related to products/services and after sales services related to products/services. Canbook does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Service Providers.
1.4 Canbook does not make any representations, guarantees or warranties of the products or services sold by the Service Providers on the Platform, to the Customers.
1.5 Canbook is not responsible for any non-performance or breach of any contract entered into between Customers and Service Providers on the Platform. Canbook cannot and does not guarantee that the concerned parties will perform their part of obligation in any transaction concluded on the Platform. Canbook is not responsible for non-performance or unsatisfactory services or damages or delays as a result of products which are out of stock, unavailability of service providers, or any other similar issues.
1.6 Canbook is operating an online marketplace and assumes the role of facilitator only. Canbook shall not hold any title or interest over the products/services nor shall Canbook have any obligations or liabilities in respect of such contract entered into between Service Provider and Customer including but not limited to product/service liability.
1.7 In case of complaints from the Customer pertaining to product/service efficacy, quality, or any other such issues, Canbook shall notify the same to the Service Provider and shall also redirect the Customer to the consumer call centre, wherever applicable. Service Provider shall alone be liable for redressing and bound to take action on the complaints by the Customer. Canbook has the right to share with the Customer, the relevant information including the Service Provider details to enable satisfactory resolution of the complaint.
1.8 You agree that Canbook is not responsible for any dealing with underage persons or people acting under false pretence.
1.9 You agree, undertake and confirm that your use of Platform shall be strictly governed by the binding principles more fully detailed in the Terms of Use.
1.10 Canbook may provide recommendations on various campaigns, product/service categories, and discounts based on analytics, data gathering exercises, etc. The Parties may mutually agree on various modalities for providing discounts, if any, on the service booking taken by the Service Provider on the Platform from time to time. The Service Providers shall, in its sole discretion, follow/not follow the recommendations of Canbook.
2. Terms of use
2.1 The Canbook App usage and registering for it (account creation) is free of charge.
2.2 You can access and use the Canbook App without registration. However, if you want to book Services offered on the App, you have to complete the registration procedure and create an account.
2.3 Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Canbook App or Website. Only individuals who are 18 years of age or older may use the Website or Canbook App and avail the Services. If you are under 18 years of age and you wish to download, install, access, or use the Website or Canbook App, your parents or legal guardian must acknowledge and agree to the Canbook Terms and Conditions. Should your parents or legal guardian fail to agree or acknowledge the Canbook Terms and Conditions, you shall immediately discontinue its use. Canbook reserves the right to suspend/delete your Account and/or deny access to the Website or App if it is brought to Canbook’s notice that you are under the age of 18 years. You agree to use the Services only in compliance with these Terms and Conditions and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
2.4 Upon registration, you are obliged to provide accurate, true, and correct information about yourself, and to update it when it changes. Refer to our Privacy policy for more detailed information on the data you are required to provide. We may use the information provided to us to contact you.
2.5 Account registration and authentication take place by using your telephone number.
2.6 The User should not disclose his or her login data; the User should store them and ensure that the data are only known to and used by him or her; the User should not disclose or otherwise make it possible for others to access or use these data. Notify us immediately if you have reason to suspect that your login data are lost, stolen, or otherwise used or if they may be accessed by third parties. All actions performed using the User's identification codes shall be considered to be actions performed by the User, and the User shall assume all responsibility for the consequences of such actions.
2.7 Access to and use of the Canbook App, including viewing pages, communication with the service providers, downloading information about the services and their booking, shall be for Users' personal use only and in no way shall be related to any trade, business, or professional activity.
2.8 We reserve the right to suspend your account at any time and for any reason.
3. Service booking
3.1 The User is obliged to make sure that the Service meets his or her needs before booking.
3.2 The User may contact the Service Provider using its contact information provided on the App.
3.3 Upon booking the Service, a request to book a date and time shall be sent to the Service Provider. The User shall receive a Booking confirmation notification/email/message.
3.4 Any registered Service Provider can purchase SMS credits for a fee to send booking reminders and confirmations by SMS. SMS Credits cannot be used or redeemed other than through the Service and have no cash value.
3.5 The history of all Bookings, as well as current Booking information, shall be available under the Bookings section.
4. Booking cancellation and refund terms
4.1 Cancellation and Refund policy will be defined by the Service Provider. Canbook recommends you carefully choose the date and time of the Service because the cancellation policy differs for each booking service. You can find the cancellation policy during the booking on the order review page. Later, you can find it on the booking details page for your order.
4.2 If you are eligible for a refund under the cancellation policy, the applicable amount shall be refunded to the original payment method used for the transaction within 7 working days, as per the payment mechanism's stipulations.
4.3 If you are not eligible for a refund, you can contact the Service Provider to request a cancellation. If the Service Provider agrees to cancel the booking, you will receive a full refund. However, if the Service Provider does not agree to the cancellation based on their cancellation policy, the payment will not be refunded.
4.4 The Service Provider shall have the right to cancel the booking at any time. In such cases the full amount shall be refunded to the User.
5. Payment procedure
5.1 Prepayment of Services
5.1.1. Canbook reserves the right for the Service Provider, at its sole discretion, to require 100% prepayment for the successful booking of the service.
5.1.2. The User can make the in-app payment, using UPI, a credit card, a debit card, or Internet banking(subject to availability).
5.1.3. The User shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Website or Canbook App. In this regard, the User agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. User shall not use the credit/ debit card which is not lawfully owned by User, i.e. in any transaction, User must use his/her own credit/ debit card. The information provided by the User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. User shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
5.1.4. If the User is directed to our third-party payment processor, he/she may be subject to terms and conditions governing the use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Canbook App or Website services. Once the Booking is confirmed you will receive a confirmation notification/email summarizing the confirmed booking.
5.1.5. Canbook shall not store credit card details. All data shall be processed in the Payment Gateway system.
5.1.6. You may be charged a platform fee on every booking made on our platform. The platform fee may vary from order to order, which may be determined by multiple factors which shall include but not be limited to the Service Provider, order value, location, time of the day. You can review it on the order summary page before payment. Canbook will inform you of Platform Fees that may apply to you, provided you will be responsible for Platform Fees incurred for your booking regardless of your awareness of such Platform Fees. Please note that we reserve the right to change the platform fee at any time.
5.1.7. Also, note that if any fees paid or payable by you or the Service Provider for your booking or use of the Canbook App or Website are subsequently disputed by your bank or card provider and withdrawn from us by way of a chargeback or otherwise we have the right to suspend your access to the Canbook App or Website immediately.
5.2 Subscription or Service Package Purchase
5.2.1. Service providers may add pre-defined packages for particular services on the Canbook App and Website.
5.2.2. The user can select packages on the business page.
5.2.3. The user can pay for this packages on the Canbook App, Website, or directly to the Service Provider.
5.2.4. This packaged services may include platform fee for the use of the platform.
5.3 Dispute resolution procedure
5.3.1. All disputes shall be resolved individually. To receive assistance, the User should e-mail a request to support@canbook.in or contact the Canbook App support service.
6. Feedback and ratings
6.1. After receiving the Service, the Users may provide feedback to the Service Provider, as well as rate it.
6.2. The Service Provider's rating may be affected not only by the User's rating, but also by Canbook's rating, which depends on various factors such as the number of complaints submitted by the Users, booking cancellation history, average response time, etc.
6.3. The rating given by the User, in turn, depends on such factors as booking cancellation history, veracity of the information provided, etc. The rating given by the Users is public and available on the business profile.
6.4. Feedback and ratings must be truthful and must not contain rude and/or uncivil language.
7. Disputes between the user and the service provider
7.1. If the Service provided to the User fails to fully comply with the Service description, the User shall have the right first to request the Service Provider to provide the Service free of charge ensuring compliance with the Service booked and its description.
7.2. The Service shall not be deemed to be non-compliant with its description if at the time of booking the User knew or could not have been unaware of the non-compliance of the Service with his or her needs or the reason for non-compliance is the User's incomplete materials which the User has to ensure for receipt of the Service, or the User was not ready to receive the Service, or the User failed to comply with other preconditions for receipt of the Service and/or has not notified the Service Provider thereof by contacting it in advance.
7.3. If the User and the Service Provider do not reach an agreement on a disputed issue, the User shall have the right to apply to the Indian Consumer Rights Protection Centre to resolve the dispute.
7.4. If the User or the Service Provider does not agree with the decision of the Indian Consumer Rights Protection Centre, the parties shall have the right to apply to a court of the India, where the dispute shall be settled in accordance with the laws and regulations of the India.
8. Liability and Disclaimer
8.1. Any provision of this Agreement that provides for the limitation of liability or exclusion of indemnification shall be deemed to be an agreed allocation of risks between Canbook and the User.
8.2. Canbook shall be liable for the following:
8.2.1. Gross negligence on the part of Canbook, its agents and legal representatives;
8.2.2. Material breach of contractual obligations by Canbook, its agents and legal representatives. Such liability of Canbook shall be limited to actual damages.
8.3. Canbook shall not be liable for simple negligence to the extent permitted by the applicable legislation.
8.4. If jurisdiction does not permit the limitation of liability for accidental or consequential loss, personal injury or death, Canbook's liability shall be limited to the extent permitted by the legislation in force.
8.5. Canbook shall not be liable for any non-fulfilment or delayed fulfilment of our obligations due to fire, flood, war, disorders, strikes, lockouts, natural disasters, power outage, computer viruses or any other event beyond Canbook's control.
8.6. Canbook shall not control or guarantee the quality, security or suitability of the Services of any Service Provider, or the accuracy, rating of the Service description, truthfulness or accuracy of any other related information. We do not check the Services registered by the Service Providers, including their quality and compliance. Service Provider ratings, feedback, or other related information shall not constitute Canbook's representation or guarantee of the quality or compliance of the Service. Canbook only provides the electronic booking of the Services, therefore always check all the information carefully when deciding which Service Provider to choose.
8.7. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Canbook, its employees, and affiliated companies from and against all claims, liabilities, losses, and expenses, including legal costs, incurred or in any way related to Users' access to or use of the Canbook App.
9. Applicable Law and Dispute Settlement
9.1. Without prejudice to the application of mandatory consumer protection regulations, these Terms shall be regulated by the laws of India.
9.2. In the event of a dispute between the User and Canbook arising from the provisions of the Agreement, the User shall have the right to submit a complaint to us in writing or electronically indicating his or her name and contact information, the date of submission of the complaint and the reason for it. We will reply to your complaint within 15 days.
9.3. If the dispute cannot be resolved through negotiations, either party may refer the dispute to a court of the India in accordance with the legislation of the India.
10. Content Policy for Service Providers
10.1. You agree that any Content that will be integrated with Services or distributed by Services will be your own creation or will be Content that you are entitled to use and will not be used in breach of any intellectual property rights;
10.2. Any Content will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy, or any other claim arising from your Content.
10.3. You agree that we are not responsible for the Content you create and you agree to assume responsibility for any claim we receive which relates to defamation, breach of intellectual property, privacy, or any other claim arising from your Content.
10.4. You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.
10.5. In particular, you agree not to use the Canbook app, Website, or Services to distribute any Content or promote any business or activity which:
10.5.1. promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
10.5.2. harasses any person or advocates harassment of any person;
10.5.3. displays or promotes pornographic or sexually explicit material of any kind;
10.5.4. does anything or promotes any conduct that is abusive, threatening, obscene, defamatory, or libellous;
10.5.5. is illegal, infringes intellectual property rights, defames any person, breaches confidentiality, or promotes any illegal activities;
10.5.6. promotes illegal or unauthorized copying of another person's copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices;
10.5.7. provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else's privacy, or providing or creating computer viruses;
10.5.8. solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
10.5.9. involves the transmission of 'junk mail', 'chain letters' or unsolicited mass mailing or 'spamming';
10.5.10. promotes information that you know to be false or misleading;
10.5.11. contains personal information e.g. names or contact details;
10.5.12. engages in stand-alone commercial activities and/or sales via the Service, such as contests, sweepstakes, barter, and advertising;
10.5.13. Involves the marketing, promotion or operation of a ponzi scheme, pyramid scheme, or any multi-level marketing scheme or product;
10.5.14. Involves the marketing, promotion, or operation of any cryptocurrency product or service including participation in any proposed 'initial coin offering' or 'initial token offering';
10.5.15. Involves the marketing, promotion or operation of any investment or financial products or service or any other product or service in which a customer or user suffers the risk of financial loss (other than by way of payment for a product or service)
10.6. By creating or integrating your Content with Services you agree that we will be entitled to use such Content for the purposes of delivering Services. We reserve the right to remove any Content at any time and for any reason.
11. Viruses, hacking, and other offences
11.1. You agree not to upload any files or post, distribute or publish any files on the Canbook app, Website, or using Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
11.2. You must not misuse our Canbook app, Website, or Services by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Canbook App, Website, or Services, the server on which our website is stored or any server, computer, or database connected to the Canbook App, Website, or Services. You must not attack our Mobile app, Website, or Services via a denial-of-service attack or a distributed denial-of-service attack.
11.3. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your account and right to use our Canbook App or Website will cease immediately.
11.4. We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Canbook App, Website or Services or to your downloading of any material posted on it, or on any website linked to it.
12. Intellectual property
12.1. The Canbook App content, including but not limited to images, videos, logos, menus, websites, graphics, colours, tools, designs, methods, features, and any software that assists operation of the App, is protected by the copyrights and all other intellectual property rights belonging to us and those of respective right-holders. Reproduction of the content in whole or in part, as well as any reproduction of any kind, shall be prohibited.
12.2. The Users shall be only allowed to view the App and its content. The Users shall be permitted to perform only for personal use temporary reproduction activities which have a temporary nature and which are an essential part of viewing the App and its content. Please note that any author of works published on the App shall have the right to claim the authorship of their work and object to any distortion or any other modification of the work, including works that may damage their honour or reputation.
12.3. All trademarks that distinguish the Services to be purchased on the App are registered trademarks of their respective owners and are used to describe and advertise Services on the App. We and all other registered trademark owners shall have the exclusive right to use the trademarks we own. Any illegal or unauthorized use of such trademarks is prohibited and may cause serious legal consequences.
12.4. Please contact us by sending an e-mail to the address below if you are interested in using links to the content of the App on publicly available web pages: support@canbook.in
13. Validity period and termination of the Agreement
13.1. This Agreement shall be valid until its termination.
13.2. The User may terminate the Agreement at any time by terminating his or her registration on the App (deleting his or her account), as well as by terminating his or her use of and access to the App and deleting it from his or her device(s).
13.3. If the User terminates the Agreement, all current Service bookings will be automatically cancelled. For refund, users need to contact the Service Provider.
13.4. You agree that you will not:
13.4.1. solicit log-in information or access an account belonging to someone else.
13.4.2. bully, intimidate, or harass any user of the Website or Services.
13.4.3. do anything unlawful, misleading, malicious, or discriminatory using Services, Canbook App or the Website.
13.4.4. use Services or the Website in the course of promoting or conducting any business or service which is, in our opinion, illegal, offensive, which may cause financial, emotional or psychological damage or harm.
13.4.5. do anything to suggest, express or imply that statements made by you are endorsed by us.
13.4.6. impersonate any other person whether or not that other person is a user of the Website or Services.
13.5. The following circumstances and preconditions shall be sufficient for Canbook to restrict, suspend or deny the User's access to Canbook, temporarily or permanently (in the event of serious or repeated prohibited actions):
13.5.1. legal requirements
13.5.2. reason to believe that the User violates the applicable laws;
13.5.3. violation of any requirements of the Terms;
13.5.4. complaints against the User;
13.5.5. repeated cancellation of bookings;
13.5.6. the need to protect the social values and subjective rights of individuals;
13.5.7. reason to believe that constant use of the App by the User poses a threat to the App or the security of third parties;
13.5.8. prevention of fraud or any other illegal, unethical, or immoral activity.
14. Final provisions
14.1. Canbook reserves the right to change the Terms at any time, in particular due to changes in the applicable laws and regulations. The last revision date of the Terms is indicated above. You may reject changes to the Terms and terminate the Agreement by immediately terminating your registration on the App (deleting your account), as well as by terminating your use of and access to the App. In this case, your consent to the earlier versions of the Terms remains effective and will apply to any dispute between you and us. By continuing to access or use the Canbook App and its services, you agree to changes to the Terms.
14.2. If, in our opinion, changes to the Terms are material, Canbook shall notify the User thereof 1 (one) calendar month before the changes enter into force. Notwithstanding the provision above, changes to these Terms that are (i) more favourable to the User; (ii) required by law; or (iii) involve the addition of a new service, or additional functionality to the existing service; or (iv) do not reduce the User's rights or increase the User's liability — shall take effect immediately if specified in the notice of changes.
15. Customer support service and contact
15.1. You can send any questions to Canbook via the Send feedback or Contact support option under the User Profile section in the Canbook mobile app or mail us on support@canbook.in.