Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using the Banda On Call mobile application and website (collectively, the "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must immediately cease using the Service.

2. Nature of the Platform

Banda On Call functions solely as a direct matchmaking directory connecting independent Service Providers ("Providers") with Users seeking services ("Customers").

• No Employment: Providers are independent contractors and are not employees, agents, or partners of Banda On Call.
• No Agency: We do not supervise, direct, control, or monitor Providers in the performance of their services.
• No Liability for Direct Agreements: All agreements (scope of work, pricing, timelines, payment details) are bargained and resolved directly between the Customer and the Provider.

3. Verification Disclaimer

While Banda On Call performs basic identity checks and status verification of Providers, we do not guarantee the background, character, credentials, skills, safety, or quality of work of any Provider. Customers are strictly urged to exercise their own discretion, verify identity, and perform background due diligence before hiring or inviting any Provider to their residential or commercial premises.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANDA ON CALL (AND ITS OPERATORS, PARENT ENTITIES, OFFICERS, OR DIRECTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

• Any bodily injury, death, physical altercation, harassment, or emotional distress caused by a Provider or Customer.
• Any damage to property, theft, burglary, loss of assets, or unfinished/poor-quality work.
• Any payment disputes, transaction failures, or losses incurred during direct UPI or cash transfers.
• Indirect, incidental, punitive, or consequential damages resulting from your use of the platform.

In no event shall our total aggregate liability for all claims exceed ₹0 (Zero Indian Rupees) or the subscription amount paid by you to the platform in the last 30 days, whichever is lower.

5. User Indemnification

You agree to fully indemnify, defend, and hold harmless Banda On Call (including its developers, owners, and affiliates) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

• Your violation of these Terms of Service.
• Your interactions, employment, or transactions with any other user on the platform.
• Any property damage, theft, or personal injury caused by your actions.

6. Provider Content, Portfolio Media & Social Media Ingestion

Providers may upload videos, images, or provide links to their public third-party social media accounts (including Instagram, YouTube, and Facebook) for portfolio showcasing:

• License Grant: By uploading media or submitting/linking public social media profiles or URLs, you grant Banda On Call a perpetual, worldwide, non-exclusive, royalty-free, transferable license to access, download, format, transcode, store, display, and promote such portfolio content across the Service and associated directory channels to market your business.
• Ownership & Warranty: You represent and warrant that you own or possess all necessary rights, permissions, and consents for all content you submit or link, and that such media does not infringe upon any third-party intellectual property, privacy, or proprietary rights.
• Music & Third-Party Audio: Providers are strictly advised to submit portfolio videos featuring original work footage and voice explanations. Banda On Call does not license commercial music on behalf of providers and reserves the right to mute, remove, or replace background audio tracks.

7. Intermediary Status & Copyright Takedown Policy

Banda On Call operates as an intermediary under Section 79 of the Information Technology Act, 2000. We do not proactively monitor all third-party media and assume no liability for user-submitted content. If you are a copyright owner or an agent thereof and believe that any content hosted on the Service infringes upon your copyright, you may submit a takedown notification with relevant evidence to services.botgems@gmail.com. Upon receiving a valid notice, Banda On Call will expeditiously review and remove or disable access to the infringing material in compliance with applicable law.

8. Dispute Resolution

Any dispute between a Customer and a Provider must be resolved directly between those parties. Banda On Call has no obligation to mediate, participate in, or resolve disputes. These terms shall be governed by and construed in accordance with the laws of India, and any legal actions must be filed strictly within the courts of New Delhi, India.