Terms & Conditions

Welcome to our website. If you continue to browse and use this website or our mobile application (Super Sikkim App) you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern “Super SikkimPrivate Limited” (Owner of Super Sikkim) relationship with you in relation to this website and the Super Sikkim App and the Services provided (as described below).

The term 'Super Sikkim' or 'us' or 'we' refers to the owner of the website and the Super Sikkim App whose corporate office is Gangtok, Sikkim. The term 'you' refers to the user or viewer of our website and Super Sikkim App.

Super Sikkim is a multi-platform being:

• * a technology Platformthat enables the user to book Servicemen in the employment of Super Sikkim or third-party Independent Contractors through it, for a home-based, professional and gig solutions in categories such as appliances, electronics, professional services, etc. (collectively, the “Services”). The employees and third-party Independent Contractors will offer the services which may be scheduled through the use of the platform. Super Sikkim offers the information and method to obtain such third-party services, but has no responsibility or liability for any services provided to you by such third parties.
• * a collection of online resources which includes classified advertisements (collectively, the “Services”). It acts as a venue to allow the users to buy, sell, rent and hire products, services and Real Estate listed on our platform. Although you may be able to conduct payment and other transactions through our platforms, using third-party vendors such as Super Sikkim is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms and Conditions, you hereby acknowledge and agree that Super Sikkim is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions.

You use the Services and the platforms at your own risk.

I. USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the platforms and Services provided by Super Sikkim. The Services provided by Super Sikkim is a technology based service which (i) enables the hiring of Servicemen or Independent Contractors for a home-based, professional and gig solutions in categories such as appliances, electronics, professional services, etc., and (ii) allows users to buy, sell, rent and hire products, services and Real Estate through the internet and / or mobile telecommunications devices. This platform is intended only for adults and those individuals or companies who can form legally binding contracts under the applicable law. If you are using/accessing this platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors i.e. users under 18 years of age, are only allowed to access the platform and use the Services, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the platform is not intended for children under 13 years of age.

NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian

Super Sikkim advises its users that while accessing the website and Super Sikkim App, they must follow/abide by the related laws. Super Sikkim is not responsible for the possible consequences caused by your behavior during use of the website or the Super Sikkim App. Super Sikkim may, in its sole discretion, refuse the service to anyone at any time.

II. USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the website and Super Sikkim App for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site/App solely for their own personal or internal purposes.

This agreement applies to all Super SikkimServices offered on the website and Super Sikkim App, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

You understand that when using the website and Super Sikkim App, you will be exposed to ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Super Sikkim’s domain or other means of electronic communication, whether through the platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the website and Super Sikkim App and the Service (collectively, the “Content”) and that Super Sikkim is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Super Sikkim with respect thereto.

III. CONDUCT

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the website and Super Sikkim App, or otherwise make available content:

• • that violates any law or regulation;
• • that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or license from their rightful owner to post the material and to grant Super Sikkim all of the license rights granted herein;
• • that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in anyway or otherwise unlawful in any manner whatsoever;
• • that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• • that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, age, or disability of the applicant;
• • that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
• • that includes personal or identifying information about another person without that person’s explicit consent;
• • that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
• • that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
• • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
• • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource.

Additionally, you agree not to:

• • contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user, or to “stalk” or otherwise harass anyone;
• • collect personal data about other users or entities for commercial or unlawful purposes;
• • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robot.txt file.

IV. AMENDMENT TO USER(S) AGREEMENT

Super Sikkim may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Services and platforms. Your continuous use of the Services and platforms will signify your acceptance of the changed terms. Therefore, please review the Terms and Conditions on a regular basis.

V. INTELLECTUAL PROPERTY RIGHTS

Super Sikkim is the sole owner or lawful licensee of all the rights to the website and Super Sikkim App and its content. Website and Super Sikkim App content means its design, layout, text, images, graphics, sound, video etc. The website and Super Sikkim App content embodies trade secrets and intellectual property rights protected under the Indian laws. All title, ownership and intellectual property rights in the website and Super Sikkim App and its content shall remain with Super Sikkim, its affiliates or licensor's of Super Sikkim content, as the case may be.

All rights not otherwise claimed under this agreement or by www.supersikkim.com and its corresponding mobile application, are hereby reserved. The information contained in this website and Super Sikkim App is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Super Sikkim does not represent or endorse the accuracy or reliability of any Content contained on, distributed through, or linked, downloaded or accessed from any of the services contained on theplatforms, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the platforms or Services.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this website and Super Sikkim App is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Super Sikkim be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the activities carried on by the user(s) on the platforms andits Services. User(s) of this website and Super Sikkim App must hereby acknowledge that any reliance upon any content shall be at their sole risk. Super Sikkim reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the platforms.

TRADEMARK

All related icons and logos are applied for trademarks or service marks of Super Sikkim Private Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

COPYRIGHT

All content on this website and Super Sikkim App is the copyright of Super Sikkim except the third-party content and link to third party web site on our website and Super Sikkim App.

Systematic retrieval of Super Sikkim content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Super Sikkim is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Super Sikkim’sservices, you agree that you will not use the website and Super Sikkim App to infringe the intellectual property rights of others in any way. Super Sikkim reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Super Sikkim services, or if Super Sikkim believes that user(s) conduct is harmful to the interests of Super Sikkim, its affiliates, or other users, or for any other reason in Super Sikkim’s sole discretion, with or without cause.

VI. USER ACCOUNTS, OFFERS AND PROMOTIONS

Super Sikkim reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platforms to avail services. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platforms without prior notice to such users.

User accounts bearing contact number and email IDs are created and owned by Super Sikkim. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user.

In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Super Sikkim reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.

You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to:

• • Immediately notify Super Sikkim of any unauthorized use of your password or account or any other breach of security; and
• • Ensure that you log out from your account at the end of each session;
• • Never use any other Subscriber’s account without prior authorization from Super Sikkim.

Super Sikkim shall not be liable for any loss or damage arising from your failure to comply with the abovementioned security measures.

VII. LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site (and corresponding mobile application of the platform) as a convenience to user(s) and Super Sikkim does not have any control over such sites i.e. content and resources provided by them.

Super Sikkim may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Super Sikkim believes that user(s) acknowledge that Super Sikkim has no control over such third party's site, does not monitor such sites, and Super Sikkim shall not be responsible or liable to anyone for such third-party site, or any content, products or Services made available on such a site.

VIII. THIRD-PARTY SERVICES

User’s interactions with Independent Contractors through the use of the software or service of Super Sikkim, including payment and delivery of goods, services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third-party. The User should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

IX. INDEMNITY

You agree to defend, indemnify and hold harmless Super Sikkim, its officers, subsidiaries, affiliates, subcontractors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the website and Super Sikkim App and/or the Services; (ii) your violation of any terms of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and Conditions and your use of the Services and the website and Super Sikkim App.

X. FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall Super Sikkim be held liable for any damage or loss due to deficiency in performance of the Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

XI. TERMINATION

Most content and some of the features on the website and Super Sikkim App are made available to visitors free of charge. However, Super Sikkim reserves the right to terminate access to certain areas or features of itswebsite and Super Sikkim App at any time for any reason, with or without notice. Super Sikkim also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Super Sikkim and/or other visitors to the website and Super Sikkim App. Super Sikkim reserves the right to limit, deny or create different access to the website and Super Sikkim App and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

XII. DISPUTE RESOLUTION

If a dispute arises between you and Super Sikkim, we shall try to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Super Sikkim hereby agree to resolve any claim or controversy at law and equity that arises out of the Terms and Conditions in accordance with this section. Before resorting to filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

XIII. GOVERNING LAW

The Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Gangtok, Sikkim.

XIV. TERMS & CONDITIONS FOR USE OF SERVICEMEN

The following Terms & Conditions shall apply to customers utilizing the Services offered by the Company (Super Sikkim) for the hiring of Servicemen:

• • The customer shall pay the service or labour cost, visit or transportation cost (if applicable), item cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Local Services.
• • The customer shall ensure that he/she will not indulge in any of the following activities:
  • o Misusing, soiling or damaging any of the devices (technical/non-technical) of the Serviceman
  • o Asking the Serviceman to break any government rules for any purpose. The Serviceman has the right to refuse such a request by the customer. The Serviceman also has the right to refuse such a work or leave such customer's house.
  • o Misusing the Service or the Software for unlawful purposes or for causing nuisance, annoyance or inconvenience.
  • o Sharing of confidential information such as your password, etc.
• • The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
• • Without prejudice to the above, the Company makes no representation or warranty that
  • o The Services will meet all the customer's requirements/expectations.
  • o The Services will be uninterrupted, timely, secure, or error-free.
  • o The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
  • o The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
• • The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand to the Company.
• • The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a Serviceman booking. The location based information will be used only to facilitate and improve the probability of locating a Serviceman for the Customer.
• • The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a Serviceman booking. The location based information will be used only to facilitate and improve the probability of locating a Serviceman for the Customer.
• • The Company shall be entitled at any time without giving any reason to terminate the booking of Servicemen done by the Customer.
• • The Company encourages all its customers to ensure the active supervision of the Serviceman. In case of lost items, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
• • If the Customer suspects any Serviceman of any wrongdoing (legal or illegal) or has any complaint in respect of the Services or the use of the Servicemen, the Customer has to inform Company of the same in writing within 24hours of using the Services of Company.
• • The Company shall not be liable for any conduct of the Independent Contractor. However, the Company encourages you to notify it of any complaints that you may have against any such Independent Contractor.
• • The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.supersikkim.com on the date that Company may indicate that such addition, variation or amendment is to come into effect.
• • All the calls made to the Company's call centre are recorded by the Company for quality and training purposes.
• • All Servicemen registered with the Company could be continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company employs service providers and also hires Independent Contractors. The Company disclaims any and all liability in respect of the Independent Contractors and their services provided.
• • The Company has the right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
• • The courts of Sikkim, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.

The above-mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Super Sikkim with respect to access to and use of the website and Super Sikkim App and the Services offered by Super Sikkim, superseding any prior written or oral agreements in relation to the same subject matter herein.

XV. DISCLAIMER

The information contained in this websiteand Super Sikkim App is for general information purposes only. The information is provided by Super Sikkim and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website and Super Sikkim App or the information, products, services, or related graphics contained on the website and Super Sikkim App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

You agree to conduct your own Due Diligence before getting into any deal (Buying & Selling of Pre-owned goods, Real Estate Transactions and availing of Services) with anyone.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profitsarising out of, or in connection with, the use of this website. Through this website, you are able to link to other websites which are not under the control of Super Sikkim. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Super Sikkim takes no responsibility for, and will not be liable for, the websiteand Super Sikkim App being temporarily unavailable due to technical issues beyond our control.

This Terms and Conditions Agreement is last updated on 8th January, 2021.