TERMS AND CONDITIONS

This website is operated by M/s. Infoguild Technologies Private Limited. Valetdesk is a service provided by M/s. Infoguild Technologies Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to Infoguild Technologies Private Limited and/or the product Valetdesk. Valetdesk offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions/ Terms of Service/ Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website/Application. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to website/Application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By browsing, using our Website/Application you hereby give express consent and agree to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.

By browsing and using our Website/Application, you hereby also give express consent to our privacy policy. The same can be readily accessed on our Website/Application.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

You may access the our Website/ Application by registering to create an account (" ValetDesk Account") and become a member (" Membership"). The Membership is limited for the purpose and are subject to the terms, and strictly not transferable.

We will create your Account for your use of the services based upon the personal information you provide to us or that we obtain via your usage as described above. You can only have one Valetdesk Account and are not permitted to create multiple accounts. We reserve the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Service or other policies.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

Services purchased from our Application/ Website are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

The Website/Application allows the users to use the services on cost. The Valet services are provided by Third Party providers and Valetdesk merely acts as an intermediary to book and place orders. ValetDesk does not take any responsibility.

This system will be a monthly subscription with an option to pay yearly for a discount. Customers can choose to subscribe to auto payments.

We charge a monthly subscription fee with a limit on the following i.e., Vehicles Processed, Locations, Drivers, Temporary Drivers, Active Managers, Vehicle History for Reports etc.

Additionally, we offer the following as part of different plans as additional features, Parking Payments, and Promotions.

We charge overage rates for Vehicles processed & Temporary drivers added each month as a postpaid payable.

We use RazorPay for a billing platform, all subscriptions are to be paid on our online platform. We accept all modes of online payment supported by RazorPay. Payment can be done manually for both subscription and overage as per the bill generated at the start of every billing cycle. If auto pay is enabled, we charge the subscription with pre-auth, and the overage has to be paid manually. Alternatively, customers can pre-pay and recharge their account like a wallet and have credit to account for overage billing to avoid recurring transactions and any disruptions in service.

If a customer cancels during the mid of a billing cycle, they can continue to use till the end of the cycle and they will not be charged for the next cycle. Their subscription will end at the end of the billing cycle or when their usage limit expires which every is earliest.

Any unused credits shall be refunded to their original mode of payment through RazorPay, within 45days of cancellation and expiry of their billing cycle. No refund of Subscription Fees

If a customer upgrades, their current months payment will be adjusted to new plan subscription and their limits will be updated/increased per the upgraded plan for the current month.

Their due date will not change, and they will have the remainder of the period to utilize any excess limits to be utilized.

When they opt to downgrade, their downgraded plan will be applied after their current billing cycle ends. Any overage from their current billing cycle will be calculated per the rates of the old plan and be added to their next bill.

Customers will be sent payment reminders 7 days prior to their bill date, and one 3 days prior. When their due date is passed, they will get a notice of grace period. For a recharge account with insufficient credits, this notice will be sent every day from the due date for 5 days. After 5 days of expiry failure to complete payment will result in deactivation of service. Balance credits shall be adjusted to the due amount and a notice of balance due shall be sent to the customer.

Every customer gets a conditional limited time free trial (Maximum of 30 Days) with limited vehicles to be processed, during this trial they can choose to cancel their subscription, beyond this trial period Subscription will be chargeable and no refunds shall be processed due to non-satisfaction of service.

• ValetDesk enables transactions on its Platform between anyone who provides valet parking ("Buyer") and the Valet service Providers which provide valet driving services (Valet Operators). The user of the vehicle, who visits the location of the Buyer is the ultimate beneficiary of the services (customer).

• The Valet Operators are entrepreneurs/agencies engaged with ValetDesk on a voluntary, non-exclusive, and principal to principal basis to provide aforementioned services for service fee. Valet Operators are independent contractors and are free to determine their timings of work. ValetDesk does not exercise control on the drivers and the relationship between the Drivers and Valetdesk is not that of an agent and principal or employee and employer.

• ValetDesk provides services by connecting third party Valet Operators who will be responsible for providing drivers and completing Tasks initiated by the Buyers or its agents on the Platform.

• When Customer arrives at the Valetdesk the valet driver initiates a pickup on the app and a new booking is created.

• When check-in is done by the driver the booking is registered, the customer will receive a Text message with a link to summon and track their vehicle.

• Driver then proceeds to park the car and update the parking location based on the parking infra set up by the business admin, and completes the parking task.

• When the customer is ready to leave the restaurant they can click the link to track the real-time estimated delivery times at the valet and request delivery of their car, after any parking payment dues are completed.

• Once the Request task is created a notification will be sent to the manager and the task is auto-assigned to an available driver based on our intelligent rules engine. Manager can assign the pick-up to a specific driver, or an available driver can pick up items from the Pending Requests Queue.

• Once assigned to the driver, the driver will pick up the car and update the status to “Picked up”.

• When the car is at the front desk the driver updates the status to arrive, a text message is sent to the customer that their vehicle has ARRIVED, along with the valet PIN reminder. If the customer does not arrive to pick up the vehicle within 10 mins of the car’s arrival, the valet driver can repark the vehicle.

• Once the customer arrives, the vehicle will be delivered to them with verification of the Valet PIN as provided by the customer.

• ValetDesk enables transactions on its Platform between anyone who provides valet parking ("Buyer") and the Valet service Providers which provide valet driving services (“Valet Operators”). Valetdesk is merely acting as an intermediary between the Customers, Valet Operators and the Buyer. The Valet Drivers are agents of Valet Operators.

• Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

• We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

• We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

• You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

• In no case shall ValetDesk, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including damage to the vehicle or other vehicles, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

• M/s. Infoguild Technologies Private Limited a tech company and does not provide on rolls valet drivers and are not liable to any damages by the drivers. Customers can contact the business or the valet operator for any claims. The Drivers are agents of Valet Operator and are not employees/agents of Valetdesk. Valetdesk is merely an intermediary that connects the drivers, valet operators with the business and the customers. Notwithstanding the fact that the payment and invoicing is done through Valetdesk, the liability of Valetdesk is limited:

• 6.1. The Valet Operator shall be solely responsible for the acts, omissions, negligence, or wilful misconduct of its drivers and employees (collectively, "Drivers") while performing services.

• 6.2. The Valetdesk shall not be liable for any direct, indirect, consequential, incidental, special, punitive, or exemplary damages arising out of or in connection with the acts or omissions of the Drivers, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise.

• 6.3. The Valet Desk's total cumulative liability for all claims arising under or in connection with this agreement, regardless of the form of action, shall not exceed the total amount paid by the Valetdesk to the Valet Operator under this agreement.

• 6.4. The Valetdesk shall not be responsible for any injuries, accidents, damages, losses, or other liabilities arising out of the transportation or parking services provided by the Drivers, and the Valet Operator agrees to indemnify and hold the Valetdesk harmless from any claims related thereto.

• 6.5. This limitation of liability shall survive the termination or expiration of this agreement for any reason. Nothing in this clause shall limit the Valet Desk's right to seek injunctive or other equitable relief for any breach of this agreement by the Valet Operator.

You agree to indemnify, defend and hold harmless ValetDesk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

• These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

• Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Further, the Terms of Service have to be read along with the Privacy Policy.

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. Any disputes shall be raised and tried in a competent court in Hyderabad only.

• You can review the most current version of the Terms of Service at any time at this page.

• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at support@valetdesk.in.