Terms & Condition

• These terms and conditions (“Terms”) govern the use of or access to https://yespainter.com (“Website”), the “Yes Painter” mobile application (“App”), and the Services (defined below). The Website and App are collectively referred to as the “Platform”.
• These Terms also include our privacy policy, available at (“[Privacy Policy – https://yespainter.com/terms-conditions-privacy-policy/#tab-a58786afcff1e595027]”), and any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time. These Terms may be updated by us, without notice to you and the Terms, as amended, shall apply to you from time to time. You can always review the most current version of these Terms on the Platform.
• These Terms constitute a binding and enforceable legal contract between Yes Care Homes Private Limited and our affiliates (collectively, “Yes Painter” , “We” or “Us”) and any end user (“User”) of the Services, including end user’s use of all properties, Platform, Services, products, whether available over the internet or otherwise, that are owned or operated by Yes Painter (collectively, the “Properties”), and all products and Services available from Yes Painter, SPs (as defined below).
• A User or any end user of the Services (collectively, “You”), represents and warrants that You (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of age or older, and (c) are an Indian resident. If You represent an entity, organisation, or any other legal person, You confirm and represent that You have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.

By using the Services, You agree that You have read, understood, and are bound by these Terms, and that You comply with the requirements listed herein. If You do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.

1. Services

• a) Yes Painter connects customers and service providers of all types (individually, a “SP”). We help customers discover and select a SP based on characteristics that matter most to them.
• b) Yes Painter will act as an intermediary and assist the customer to get the project completed as per the agreement executed between the customer and an SP. Once the contract has been executed between the customer and the SP, and a copy is submitted to Yes Painter and the project has commenced, Yes Painter will provide services on tracking the phases and development of the project.
• c) Individual customers (B2C) or end consumers can’t purchase construction materials with Yes Painter Building material supply team
• d) There are pre-specified timelines for the SCM team to execute a particular material category
• e) Individual customers (B2C) or end consumers can’t engane with Yes Painter servic providers.

2. Accessing And Using Our Site And Services

• Initiating Service – You agree that any information you provide in creating your account is complete and accurate, and you agree to keep it up to date. For example, We provide some notices by email to your account, and You agree to keep that email current and valid as a method for providing notices under these Terms.
• Restrictions – You will not nor will You allow any third party to: modify, copy, or otherwise reproduce the Services in whole or in part; reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the software used in the Services; provide, lease or lend the Services to any third party; remove any proprietary notices or labels displayed on the Services; modify or create a derivative work of any part of the Services; or use the Services for any unlawful purpose or contrary to these Terms. You will (1) ensure that Your users comply with these Terms; (2) use commercially reasonable efforts to prevent unauthorized access to or use of the Services; and (3) use the Services only in accordance with the User Guide and applicable laws and government regulations.
• Charges – You agree that use of any SP’s Services will result in charges to you for the products or services provided by such SP (“SP Charges”) and that use of the Yes Painter Services will result in charges to you for the products or services provided by Yes Painter (“Yes Painter Charges”) (Yes Painter Charges and SP Charges, collectively, “Charges”). You will be informed of Charges before products or services are provided by Yes Painter or SPs, as applicable (including cancellation fees and terms, if any). You should confirm Charges each time you request products or services. Applicable tax will be added to all Charges where required by law.
• Payment – Payments for charges are immediately due upon provision/start of applicable products and services. Payments are final and non-refundable and at discretion of Yes Painter. Yes Painter will merely facilitate your payment to SP. You acknowledge and agree that your purchases of services and products from any SP are transactions between you and that SP, and not with Yes Painter.

3. Provision Of Services

• Technical Support – As part of our Services, we will make our standard technical support available to you. Yes Painter shall be providing access to its business Platform to all its registered users (both the SPs and the End Customers) in order to facilitate the provision of Services from SP to End Customer and payment from End Customer to SP in accordance with the terms of the agreement between SP and End Customer. Yes Painter shall neither be considered as a principal or an agent of either of the End Customer or User nor to that of any SP. Accordingly, Yes Painter shall not be held liable in any manner pursuant to or for any transaction taking place between the users of Yes Painter’s business platform.
• Yes Painter by providing such opportunities to the registered user of its Platform strictly prohibits any User from uploading any illegal, defamatory, discriminatory, improper, indecent or objectionable content or materials in any manner whatsoever for any reasons. Amongst other remedies, Yes Painter may delete the concerned User’s account immediately without any intimation to such user should any such content or materials be uploaded from any user’s account.

4. Service Cancellation & Refund Policy

        

• Yes Painter connects consumers and service providers of all types (individually, a “SP”). We help consumers discover and select a SP based on characteristics that matter most to them.
• In the unlikely event that customer decides to cancel the project after paying the booking amount which is 10% of project value, Yes Painter offers a refund of 2% of the project value.
• Refund amount will be transferred to the bank account provided by the customer.
• If any design is sent to the customer or if any work is initiated by the professional at the customer’s site, Yes Painter will be unable to provide any refund

Cancellation Policy & Refund

Yes Painter takes pride in the process of providing transparent and trustful construction and renovation services. Lots of effort is being put by Yes Painter team in understanding the customer’s requirement and/or providing visits and quotation free of cost. Though it depends upon project and customer, whether design is required before the booking amount is received by Yes Painter. As our team work on the customer’s requirement and also client may get access to designs for their home — which require lot of time and hard work from our team — we are unable to offer a full refund after booking.

 

5. Account Information

• a) Yes Painter may upload information relating to transactions with customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between SPs and customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of SPs and customers provided on the Platform.
• b) At the time of creating or uploading the first Transaction Information with respect to a customer, Yes Painter shall inform such customer of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard and to:
  • (i) the creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with Us;
  • (ii) share such Transaction Information with Us and third parties to improve Our Services;
  • (iii) receive communications from Us regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about Us and the Services; (D) promotional offers and services from Us and its third-party partners, and (E) any other matter in relation to the Services.
• (c) Should the customer fail to provide consent, or withdraw consent, the SP shall immediately cease to use the Services in relation to that customer.

6. Your Responsabilities

• a) The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to Our notice. We do not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
• b) The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
• c) The User shall extend all cooperation to Us in its defence of any proceedings that may be initiated against it due to a breach of the Users obligations or covenants under these Terms.
• d) While We use commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.

1. e) The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:

• (i). infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
• (ii). except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
• (iii). use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware
• (iv). use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
• (v). engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
• (vi). use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
• (vii). violate applicable laws in any manner

7. Our Intellectual Property

• a) All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to Yes Painter. Subject to compliance with these Terms, We grant the User a non-exclusive, non-transferable, non-sub licensable, royalty free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
• b) We may request Users to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the Userʼs intellectual property rights.
• c) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Us or any third partyʼs intellectual rights.

8. Term & Termination

• a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
• b) We may terminate a Userʼs access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.

1. c) Upon termination under Clause 8(b):

• (i). the Services will “time-out”;
• (ii). the User shall not be eligible to avail any features of the Services; and
• (iii). these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

• d) Notwithstanding anything to the contrary contained in the Terms, upon termination of a Userʼs access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.

9. Disclaimers And Warranties

• a) The use of the Services is at your sole risk.
• b) Yes Painter does not sponsor, endorse, recommend or approve of any SP who offers products or services through the Services. While we try to confirm that SPs meet certain requirements, we cannot and do not represent or warrant that any SP is licensed, qualified, bonded, insured or capable of performing any service. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us.
• c) All non-Yes Painter trademarks, product names and logos appearing on our Services are property of their respective owners. Any estimate provided in connection with the Services is only a guide, it is not a guarantee of the actual cost of your specific project. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such organizations and/or individuals.
• d) You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Yes Painter shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that Yes Painter is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Yes Painter, its affiliates, and their respective officers, directors, employees, agents, advertisers, shareholders, licensors, licensees and suppliers from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You acknowledge and agree that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by Yes Painter.
• e) We are merely a technology platform service provider.
• f) To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. We do not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
• g) To the fullest extent permissible under applicable law, We expressly disclaim all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
• h) You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that We shall have absolutely no liability with respect to the same.

To the fullest extent permissible by law, Yes Painter, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:

• (i). your use of, inability to use, or availability or unavailability of the Services, including any third party services;
• (ii). the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to Our records, programmes, services, server, or other infrastructure relating to the Services; or
• (iii). the failure of the Services to remain operational for any period of time.

Yes Painter warrants labor and material for a period of 12 months. If paint failure appears, we will supply labor and materials to correct the condition without cost. This warranty is in lieu of all other warranties, expressed or implied. Our responsibility is limited to correcting the condition as indicated above.

This warranty excludes, and in no event will Yes Painter be responsible for consequential or incidental damages caused by accident or abuse, normal wear and tear, temperature changes, settlement or moisture; i.e., nail pops or cracks caused by expansion and/or contraction. Cracks will be properly prepared as indicated at time of the job, but will not be covered under this warranty.

Exclusions also include:

• Painted or stained horizontal walking surfaces (i.e. decks, floors and steps), dirt and mildew accumulation.
• Paint failure due to rotted wood, structural defects, moisture intrusion, failure of previous paint coatings and insect infestation.

Yes Painter is not responsible for differences in paint color when performing warranty work.

This warranty is not transferable.

10. Indemnity

You shall indemnify, defend at Our option, and hold Us, our parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with Us, of these Terms.

11. Limitation Of Liability

Notwithstanding anything to the contrary contained herein, neither Yes Painter nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Yes Painter, its affiliates and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

12. Concent To Use Data

• a) You agree that We may in accordance with Our Privacy Policy collect and use your information and technical data and related information.
• b) We may use information and data pertaining to your use of the Services for analytics, trendsʼ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
• c) Subject to applicable laws, We may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, We shall have the right to share such data with relevant agencies or bodies.

13. Modification

Yes Painter reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. We shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

14. Compliance With Applicable Laws And Regulations

Compliance with Applicable Laws and Regulations – You agree to comply with all central, state, and local laws, rules, and regulations related to or connected with use of the Services, and you assume all liability and responsibility for your use of the Services. If Yes Painter reasonably determines that you are not in compliance with applicable laws in your use of the Services, we reserve the right to immediately suspend or terminate your use of the Services, and you will be solely responsible for any penalties and other sanctions for legal noncompliance.

Possible Suspension or Termination of Service for Non-Compliance – If, for any reason, Yes Painter reasonably believes that your use of the Services is violating central, state, and/or local rules or regulations, or is harassing to consumers or businesses, Yes Painter may suspend its Service to prevent further calling of those numbers through its Service. In addition, Yes Painter may review your Service settings.

15. Jurisdiction, Governing Laws, And Dispute Resolution

• a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
• b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by Yes Painter. The language of the arbitration shall be English.
• c) The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
• d) Each party to the arbitration shall bear its own costs with respect to any dispute.

16. Miscellaenous Provisions

• a) Modification – Yes Painter reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
• b) Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
• c) Assignment – You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Our prior written consent. We may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. We may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
• d) Notices – All notices, requests, demands, and determinations for Yes Painter under these Terms (other than routine operational communications) shall be sent to [email protected]. If you have questions on these Terms, please contact us by email at [email protected].
• e) Third Party Rights – No third party shall have any rights to enforce any terms contained herein.
• f) Translations – Yes Painter will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond it’s reasonable control.
• g) Force Majeure – No third party shall have any rights to enforce any terms contained herein.
• h) Entire Agreement – These Terms constitute the entire agreement between You and Yes Painter concerning the Services and supersede all prior or contemporaneous communications of any kind between You and Yes Painter with respect to the Services.
• i) Waiver – No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Yes Painter’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• j) Attorney Fees – If the Yes Painter Parties take legal action against you as a result of your violation of these Terms, the Yes Painter Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Yes Painter Parties.
• k) These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Bangalore, Karnataka, India.