These terms and conditions (“Terms”) govern the use of services made available on or through https://www.midclap.com and/or the Midclap mobile app (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). These Terms also include our privacy policy, available at https://www.midclap.com/privacy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.
The Terms constitute a binding and enforceable legal contract between Midclap Technology India Private Limited (a company incorporated under the Companies Act, 2013 with its registered address at Ward No 9, Gauridhi Vill, Gauridhi, Purpathar, Purpathar, Begusarai, Begusarai, Bihar, India, 848204, and its affiliates (“Midclap”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books Pro Services (defined below) on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
By using the Services, you confirm that you have reviewed, understood, and agree to these Terms, as updated from time to time, and that you will adhere to the requirements stated here. These Terms replace any prior written agreements with you. If you do not agree to these Terms or cannot comply with the requirements stated here, please refrain from using the Services.
(a) The Services include the provision of the Platform that enables you to arrange and schedule different home-based services with independent third-party service providers of those services (“Service Professionals”). As a part of the Services, Midclap facilitates the transfer of payments to Service Professionals for the services they render to you and collects payments on behalf of such Service Professionals.
(b) The services rendered by Service Professionals are referred to as “Pro Services”. The term “Services” does not include the Pro Services. Midclap does not provide the Pro Services and is not responsible for their provision. Service Professionals are solely liable and responsible for the Pro Services that they offer or otherwise provide through the Platform. Midclap and its affiliates do not employ Service Professionals, nor are Service Professionals agents, contractors, or partners of Midclap or its affiliates. Service Professionals do not have the ability to bind or represent Midclap.
(c) The Platform is for your personal and non-commercial use only, unless otherwise agreed upon in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India. You agree that in the event you avail the Services or Pro Services from a legal jurisdiction other than the territory of India, you will be deemed to have accepted the Midclap terms and conditions applicable to that jurisdiction.
(d) The Services are made available under various brands owned by or otherwise licensed to Midclap and its affiliates.
(e) A key part of the Services is Midclap’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting Midclap at privacy@midclap.com or through the in-Platform settings, you agree and acknowledge that this may impact Midclap’s ability to provide the Services (or a part of the Services) to you.
(f) In certain instances, you may be required to furnish identification proof to avail the Services or the Pro Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Pro Services.
(g) Midclap Credits:
(i) Midclap may, in its sole discretion, offer promotional codes that may be redeemed for credits, other features, or benefits related to the Services, and/or Pro Services, subject to any additional terms that may apply to a promotional code (“Midclap Credits”).
(ii) You agree that (i) you shall use Midclap Credits in a lawful manner, and only for the purposes specified by such Midclap Credits, (ii) you shall not duplicate, sell, or transfer the Midclap Credits in any manner (including by posting such codes on a public forum) unless you have Midclap’s express prior consent to do so, (iii) Midclap Credits may be disabled by Midclap at any time for any reason without any liability to you, (iv) Midclap Credits are not valid for cash, and (v) Midclap Credits may expire prior to your use.
(iii) Midclap may, at its sole discretion, provide only certain users with Midclap Credits that may result in different amounts charged for the same or similar services obtained by other users.
(iv) Midclap reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Midclap Credits, by you or any other user, if Midclap reasonably determines or believes that the use or redemption of the Midclap Credits was in error, fraudulent, illegal, or in violation of the applicable Midclap Credit terms or these Terms.
(a) To use the Services, you must create an account on the Platform (“Account”). This may require providing certain details, such as your phone number. To be eligible for an Account, you must be at least 18 years old.
(b) You confirm that all information provided for your Account is accurate and up-to-date. You agree to promptly update your details on the Platform if any changes occur.
(c) You are fully responsible for maintaining the confidentiality and security of your Account and must notify us immediately if your Account is accessed or used without authorization, or if any security breach occurs.
(d) All activities conducted through your Account are your responsibility, including those performed by others. We are not liable for unauthorized access or activities related to your Account.
(e) You consent to receive communications from us, including (i) payment requests, (ii) updates about our Services, (iii) promotional offers and services from us and our partners, and (iv) any other information related to the Services.
(a) Our Platform may include interactive features or services that let users with accounts post, upload, publish, display, or share comments, reviews, feedback, ideas, or other content through the Platform ("User Content").
(b) To maintain service quality, we may request reviews about Service Professionals, and you acknowledge that Service Professionals may review you as well. You must ensure that all reviews you provide are accurate and not misleading. These reviews will help us evaluate the appropriateness of users and Service Professionals on the Platform. We reserve the right to terminate your account and remove you from the Platform if we determine you are not an appropriate user.
(c) By sharing User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, publish, display, host, process, distribute, adapt, translate, and create derivative works of the User Content as part of delivering our Services. This includes using the content for advertising, promotional purposes, or as evidence in legal proceedings.
(d) You waive any claims related to moral rights or similar rights associated with the User Content provided under these Terms.
(e) You acknowledge that we may remove or restrict access to User Content that violates these Terms, without prior notice.
(a) In line with our Privacy Policy, we may collect and use your personal data. The Privacy Policy explains what categories of personal data we collect and how it is processed. It is available at https://www.midclap.com/privacy-policy.
(b) In addition to your consent under the Privacy Policy, you also consent to our sharing of your information with affiliates or third-party service providers. We may use data about your usage of the Services for analytics, trend analysis, statistical purposes, or to improve and personalize our Services.
(c) If directed by law enforcement or government authorities, we may be required to disclose your data in connection with legal or criminal investigations. You understand and agree that we are authorized to share such information when legally obligated.
(a) Orders: The Platform allows you to request Pro Services at preferred times based on availability. To book, follow the instructions and provide the required details. If we cannot find a Service Professional for your requested slot, we will reach out to arrange an alternative time.
(b) Confirmation: After placing a request, we will confirm the booking through SMS, email, or push notifications. You must make payments as per the Platform's instructions. Once a Service Professional is assigned, we will notify you through the same communication methods.
(c) Cancellations: Bookings canceled before confirmation will not incur charges. Our cancellation policy details any applicable fees for cancellations.
(d) Substitution: If your chosen Service Professional is unavailable, we will provide a substitute from our registered Service Professionals.
(a) We reserve the right to charge fees for various Services you use or facilities you opt for on or through the Platform.
(b) Charges and Fees for Pro Services:
(i) For Pro Services requested through the Platform, you will pay the Service Professional the amount displayed during booking, including costs for additional services, out-of-pocket expenses, or goods purchased for the service ("Charges"). Additionally, we may charge a convenience fee for booking facilitation and payment processing ("Fees"). The final invoice may also include other charges like safety, warranty, insurance, or welfare fees.
(ii) Charges, Fees, and payment methods will be communicated at booking. Payments can generally be made via credit/debit cards, net banking, wallets, UPI, or cash on completion. Some payment methods may not always be available. If you opt for cash payment, you agree to pay both Charges and Fees directly to the Service Professional.
(iii) Charges and Fees may be payable during booking or upon completion of the service, as specified by us.
(iv) Charges are payable to Service Professionals, and we act as a collection agent to process these payments on their behalf.
(v) Taxes: All Charges and Fees are inclusive of applicable taxes.
(vi) We reserve the right to adjust Charges and Fees at our discretion. Changes will not affect bookings confirmed prior to the update.
(vii) Charges and Fees are generally non-refundable unless otherwise stated by us or required by law.
(viii) Charges and Fees in certain areas may increase during peak demand. While we will inform you of such increases, you are responsible for all Charges and Fees incurred under your account.
(c) Payment Processors: Payments are processed through third-party Payment Processors, whose terms will also apply. We are not liable for errors by these processors. Any unsuccessful payments will be addressed per the Payment Processor's terms.
(d) Cancellation: You can cancel service requests before the Service Professional's arrival, but cancellation fees may apply per our cancellation policy. Taxes on these fees may also apply.
(e) Subscriptions: Subscription packages may offer additional benefits like discounts on Pro Services. Such packages are subject to additional terms, which form part of these Terms.
(f) Tips or gratuities to Service Professionals are optional. Any references to gratuities in payment summaries are not endorsements by us. While you are free to tip Service Professionals, it is entirely at your discretion.
7. CUSTOMER CONDUCT
(a) Midclap strictly prohibits any form of discrimination against Service Professionals based on factors such as race, religion, caste, national origin, disability, sexual orientation, gender, marital status, age, or any other characteristic protected by law. Discrimination includes refusing to accept Pro Services for these reasons.
(b) Please treat all Service Professionals with respect and courtesy, and ensure they have a safe, clean, and suitable location to perform their services. Service Professionals have the right to refuse service if the location is unsuitable or if they face discourteous, disrespectful, abusive, or inappropriate behavior. Midclap reserves the right to restrict or deny access to services at its discretion if such behavior occurs.
(c) You agree to be held accountable for any discriminatory actions against Service Professionals or failure to provide a safe and suitable location for services. Additionally, you must disclose any information that could impact the Service Professional’s ability to perform their work or affect their health, safety, or well-being.
(d) If a Service Professional acts discourteously, disrespectfully, abusively, inappropriately, or unlawfully, you are required to report the incident to connect@midclap.com within 48 hours of its occurrence.
8. THIRD PARTY SERVICES
(a) The Platform may provide access to services, content, or information from third parties (“Third Party Services”) and may include links to such services. You acknowledge that Third Party Services are solely the responsibility of the respective third parties, and your use of these services is at your own risk.
(b) Midclap disclaims all representations, warranties, and liabilities related to Third Party Services, including their accuracy and completeness. If you choose to use Third Party Services, you are subject to the terms and privacy policies of the third parties providing them. All intellectual property rights in Third Party Services remain with their respective owners.
9. YOUR RESPONSIBILITIES
(a) You confirm that all information provided to avail the Services and Pro Services is accurate, complete, and truthful. Any changes to this information must be promptly reported to Midclap. Midclap is not liable for any issues arising from inaccurate, incomplete, or misleading information provided by you.
(b) You agree to cooperate fully with Midclap in defending any claims arising due to your breach of obligations under these Terms.
(c) Regarding User Content, you confirm:
(i) You own the intellectual property rights or have obtained necessary permissions for the User Content shared.
(ii) You are solely responsible for activities conducted through your account and the User Content shared.
(iii) The User Content does not violate your obligations under other agreements.
(iv) The User Content does not infringe any intellectual property or proprietary rights, including privacy or publicity rights.
(v) The User Content is free from viruses, corrupted data, or harmful content.
(vi) The User Content complies with applicable laws and does not violate third-party rights.
(vii) The User Content does not contain harmful, defamatory, offensive, or unlawful material.
(d) You must not use the Services in ways that:
(i) Infringe proprietary rights, including intellectual property rights.
(ii) Copy, distribute, or modify the Services without authorization.
(iii) Transmit harmful software or disrupt operations.
(iv) Use automated tools to access or monitor the Services.
(v) Systematically retrieve data to create a compilation or database.
(vi) Engage in unlawful, fraudulent, or malicious activities.
(vii) Reverse engineer or disassemble the Services.
(viii) Mirror, frame, or link to the Services without authorization.
(ix) Violate applicable laws.
(e) You agree not to engage in activities that disrupt the Services.
(f) Unauthorized access to any part of the Services or related systems is prohibited.
(g) You must not solicit or encourage Service Professionals to leave the Platform or offer similar services outside the Platform. This restriction protects the privacy and security of Service Professionals and ensures fair practices.
10. OUR INTELLECTUAL PROPERTY
(a) All ownership, rights, and interests in the Services, including all intellectual property rights related to the Services, are either owned by or licensed to us. By adhering to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sub licensable license to utilize the Services in accordance with these Terms and any instructions provided in writing by us from time to time. Any rights not explicitly granted here remain reserved by us or our licensors.
(b) We may occasionally request feedback or suggestions from you regarding the Services, such as bug reports or ideas for improvement (“Feedback”). Any Feedback provided by you may be used, copied, disclosed, published, or distributed by us without obligation for payment, acknowledgment, consent, or any restrictions stemming from your intellectual property rights.
(c) Except where explicitly stated in these Terms, nothing here grants any rights or licenses related to our or any third party"s intellectual property.
11. TERM AND TERMINATION
(a) These Terms remain in effect until terminated as specified herein.
(b) We may restrict, deactivate, or terminate your access to the Services, in whole or in part, under the following conditions:
(i) Immediately and at our discretion if:
(A) You breach any obligations, conditions, or agreements outlined in these Terms.
(B) You are no longer a user of our Services.
(C) You fail to meet applicable legal or policy standards required for using the Services.
(D) You violate the Community Guidelines.
(ii) With 30 days’ prior notice, or
(iii) Immediately for legitimate business, regulatory, or legal reasons.
(c) You may terminate these Terms at any time by notifying us at privacy@midclap.com.
(d) Upon termination:
(i) Your Account will be deactivated.
(ii) The Services will no longer be accessible.
(iii) These Terms will terminate, except for clauses intended to survive termination or expiry.
12. INDEMNITY
You agree to indemnify and defend us, our affiliates, and representatives from any claims, lawsuits, losses, or damages arising from your use of the Services, violation of these Terms, or actions taken by third parties using your Account. This includes covering legal fees and other costs.
13. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms are governed by Indian law, with courts in New Delhi having exclusive jurisdiction over related disputes.
(b) Any disputes will be resolved through arbitration in New Delhi under the Arbitration and Conciliation Act, 1996. The arbitration will involve a sole arbitrator appointed by us, conducted in English, and kept confidential unless disclosure is legally required. Each party will bear its own arbitration costs.
14. GRIEVANCE REDRESSAL
(a) For complaints or inquiries, you can contact our Grievance Redressal Officer via registered post or email:
Email Address: connect@midclap.com
(b) We will address your complaint within the timelines prescribed by applicable laws.
15. MISCELLANEOUS PROVISIONS
(a) Changes to Terms: We may revise these Terms at any time, and such changes are effective immediately upon being posted on the Platform. Continued use of the Platform signifies acceptance of the revised Terms.
(b) Modification to Services: We may modify, add, or discontinue Services at any time without liability. This includes temporary or permanent changes to features or functionalities.
(c) Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in effect. Invalid provisions may be modified or removed to uphold the original intent.
(d) Assignment: You cannot transfer your rights or obligations under these Terms without prior written consent from us. However, we may transfer our rights to affiliates or successors without notice.
(e) Notices: All non-routine communications should be sent to support@midclap.com.
(f) Third Party Rights: These Terms do not grant rights to third parties to enforce any provisions.
(g) Force Majeure: We are not liable for delays or failures caused by events beyond our control, including natural disasters, strikes, or compliance with government regulations.