Terms and Conditions

Updated on: 21st November, 2024

A. Introduction

These terms and conditions ("Terms") govern your access to and use of the services offered through https://www.cudel.in and the Cudel mobile application (collectively referred to as the "Platform"). These Terms include the Privacy Policy and any supplemental terms, guidelines, or policies issued by us periodically. In the event of a conflict between these Terms and supplemental terms, the latter will prevail.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Cudel allows the User to surf the Platform without registering on the Platform. The term "We", "Us", "Our" shall mean CUDEL DELIGHT SOLUTIONS PRIVATE LIMITED .

Cudel is a platform where users can sell and buy services as listed by independent service sellers who have set up their business, listed their services, and independently defined their terms and conditions including pricing, refund policy, minimum visit charges, or other charges if applicable.

A user can search, self-compare, and book various on-demand services listed and provided by independent third-party service sellers.

By accessing or using the Platform, you confirm that you have read, understood, and agreed to these Terms. If you disagree with these Terms or any future updates, you must discontinue your use of the Platform immediately.

1. Services

(a) Scope of Services: The Platform enables you to search, self-compare and book various on-demand services provided by independent third-party service sellers . These Service Sellers operate independently and are solely responsible for the quality and execution of their services.

(b) Cudel's Role: Cudel facilitates the booking process and payments on behalf of Service Sellers. Cudel does not employ, train, or provide products to Service Sellers. Users may be charged a platform fee, convenience fee, gateway fee or other charges, which are transparently communicated during booking.

(c) User Communication: By using the Platform, you consent to receive transactional messages, promotional communications, and other updates via SMS, email, or other channels. You may opt-out of promotional messages; however, this may limit certain functionalities.

(d) Territorial Use: The Platform is intended for use within India. Any services availed outside India may be subject to additional terms based on the applicable jurisdiction.

2. Account Creation

(a) Registration: To use the Platform, you must create an account ("Account") using your mobile number and OTP verification. You must be at least 18 years old.

(b) Accuracy of Information: You agree to provide accurate and updated information during registration. Falsifying or failing to update your details may result in suspension or termination of your Account.

(c) Account Responsibility: You are solely responsible for securing your Account credentials and ensuring their confidentiality. Any activity conducted through your Account is your responsibility, and Cudel will not be liable for unauthorized access resulting from your negligence.

(d) Communication Consent: By registering, you consent to receive communication regarding services, offers, and important updates related to the Platform.

3. User Content

(a) Interactive Features: The Platform may allow users to post, upload, or submit reviews, feedback, and other content (“User Content”).

(b) Content Use: You grant Cudel a non-exclusive, perpetual, royalty-free license to use, modify, and publish your User Content for purposes such as marketing, quality improvement, and legal compliance.

(c) Content Standards: You must ensure your User Content is truthful, accurate, and does not violate any rights or laws. Cudel reserves the right to remove User Content that breaches these standards.

(d) Waiver of Claims: By posting User Content, you waive any claims related to moral rights or similar protections over the content.

4. Data Usage and Privacy

(a) Data Collection: By using the Platform, you consent to the collection, storage, and processing of your personal data as outlined in our Privacy Policy.

(b) Third-Party Sharing: Cudel may share your data with affiliates or third-party service sellers for service facilitation, analytics, and legal compliance.

(c) Legal Compliance: Cudel may disclose your data to law enforcement or regulatory authorities when required by applicable law.

5. Cudel Coins

(a) What are Cudel Coins?
Cudel Coins are digital rewards offered by Cudel that can be earned and redeemed by customers in accordance with these Terms.

(b) Earning Cudel Coins:
Users can earn Cudel Coins through activities such as:

• Booking eligible services through the Platform.
• Participating in promotional campaigns.
• Referring new users to the Platform.

The earning mechanism, including the number of Cudel Coins awarded, may vary and is subject to change at Cudel’s discretion.

(c) Redeeming Cudel Coins:

• Cudel Coins can be redeemed for discounts on future bookings or other benefits, as specified on the Platform.
• Redemption of Cudel Coins is subject to the terms communicated at the time of redemption.
• Cudel Coins cannot be redeemed for cash or transferred to other users.

(d) Expiry and Forfeiture:

• Cudel Coins have a validity period, after which they will expire if not used.
• Cudel reserves the right to forfeit Cudel Coins in cases of account misuse, fraud, or other violations of these Terms.

(e) Limitations:

• Cudel Coins are non-transferable and cannot be sold, traded, or exchanged outside the Platform.
• Cudel reserves the right to modify or discontinue the Cudel Coins program at its discretion without prior notice.

6. Bookings

(a) Placing a Booking: Users can schedule services via the Platform based on Service Seller availability. Bookings must include accurate details to avoid delays or cancellations.

(b) Confirmation and Updates: Cudel will notify you of booking confirmations via SMS, email, or app notifications. You must ensure these details are reviewed promptly.

(c) Cancellations: Cancellations are charged as per terms defined by the service seller on the platform.

(d) Unavailability of Seller: If a Service Seller becomes unavailable after booking, User may find an alternative Service Seller, reschedule booking or seek Cudel’s support.

7. Pricing, Fees, and Payments

(a) Platform Charges: Cudel may levy platform fees, convenience fees, gateway fees, or other charges for facilitating services. These charges will be transparently displayed before payment.

(b) User Payments: Payments can be made using digital payment methods such as credit cards, debit cards, UPI, wallets, or net banking using third-party payment gateway services integrated with Cudel. Cudel reserves the right to restrict payment options as needed.

(c) Refund Policy:

1. Policies related to refunds, returns, or cancellations are established and updated on the Platform from time to time. Cudel reserves the right to modify these policies without prior notice to Users or Service Sellers.

2. Refund requests are subject to verification and approval by Cudel. The refund process may involve reviewing evidence provided by both the User and the Service Seller to determine the validity of the claim.

3. Cudel will not process refunds unless the following conditions are met: The User has initiated a formal refund request through the Platform within the specified timeframe. Verification confirms that the Service Seller was at fault or failed to deliver the service as agreed.

4. The refund request adheres to the latest refund policy displayed on the Platform.

5. User must provide accurate and complete details of the issue when submitting a refund request, including evidence such as photos, service details, or other relevant information.

6. Refunds will not be considered for issues arising from:

   1. A change in the User’s decision after the service has begun.
   2. Incomplete or false information provided at the time of booking.
   3. Situations outside the Service Seller's control (e.g., unsuitable service environment).

7. Refund Processing:

   1. If a refund is approved, the following conditions will apply:
      1. Refunds will be credited to the original payment method or, where applicable, as Cudel Coins to the Customer's account.
      2. Refund amounts will exclude platform or gateway fees unless explicitly stated otherwise.

8. Refunds may take up to 7–14 business days to process once approved.

9. Service Seller Accountability:

   1. If a refund is granted due to the fault of the Service Seller, Cudel reserves the right to recover the refunded amount from the Service Seller’s future payouts or security deposit.
   2. Service Sellers must cooperate in resolving refund requests and may be required to provide evidence or documentation supporting their case.

10. Cudel reserves the right to withhold benefits such as refund processing or additional credits in cases of suspected fraud, misuse, or violations of the Terms and Conditions.

11. Cudel retains sole discretion to resolve disputes related to refunds and to determine whether a refund is warranted. Cudel’s decision in such matters will be final and binding.

Force Majeure: Refunds will not be provided for cancellations or disruptions caused by force majeure events, including but not limited to natural disasters, strikes, governmental actions, or other events beyond the reasonable control of Cudel or the Service Seller.

(d) Taxes and Fees: All fees displayed on the Platform are inclusive of applicable taxes.

8. User Conduct

(a) Prohibited Behavior: Users must not engage in discriminatory, abusive, or unlawful behavior toward Service Sellers.

(b) Service Environment: Users are responsible for ensuring the safety and cleanliness of the location where services are performed. Service Sellers may decline to provide services if the environment is unsuitable.

(c) Disclosure Obligation: Users must disclose any conditions that may impact the Service Seller’s ability to perform their duties.

9. Third-Party Services

(a) External Content: The Platform may include links or integrations to third-party services. Cudel does not guarantee the reliability or accuracy of third-party content.

(b) User Responsibility: Engaging with third-party services is solely at your own risk and subject to their terms and policies.

10. Intellectual Property

(a) Ownership: All intellectual property rights related to the Platform are owned by or licensed to Cudel. Users are granted a limited license to use the Platform for personal purposes.

(b) Restrictions: You may not copy, reproduce, or distribute any content from the Platform without prior authorization.

11. Term and Termination

(a) Duration: These Terms remain in effect as long as you use the Platform.

(b) Termination by Cudel: Cudel may suspend or terminate your access to the Platform for violating these Terms, misuse of the Platform, or other legitimate reasons.

(c) User-Initiated Termination: You may terminate your Account by notifying Cudel via email.

12. Disclaimers and Limitation of Liability

(a) "As-Is" Basis: The Platform is provided on an "as-is" basis without warranties of any kind.

(b) Service Responsibility: Cudel is not responsible for the quality or outcomes of services provided by independent Service Sellers.

(c) Liability Cap: Cudel’s liability for any claim is limited to INR 10,000 or the platform fee charged for the specific booking, whichever is lower.

13. Grievance Redressal

(a) Contact Information: For complaints or queries, contact:

Name: Manu Saini
Designation: National Head
Email Address: support@cudel.in
Address: B154, B Block, Sector 63, Noida, Uttar Pradesh 201301

(b) Resolution Timeline: Cudel will address grievances within the timeframe prescribed by applicable laws.

14. Governing Law and Dispute Resolution

(a) Applicable Law: These Terms are governed by the laws of India.

(b) Dispute Resolution: Any disputes will be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996, with the venue being New Delhi, India.