Terms of Service
These Terms govern your use of Mauqa’s application, website, call center and technology platform (collectively, “Mauqa Platform”).
Please read these terms carefully before accessing or using the Mauqa Platform. If you do not agree to be bound by the terms and conditions of these terms, you may not use or access the Mauqa Platform.
1. Contractual Relationship
- Your acceptance, use or access to the Mauqa Platform and/or the Services offered thereby constitutes your agreement to be bound by these Terms, without any condition or reservation, which establishes a contractual relationship between you and Mauqa (“Agreement”).
- Mauqa may immediately terminate this Agreement, or generally cease offering or deny access to the Mauqa Platform or any portion thereof, at any time and without any reason.
- Supplemental terms may apply to certain Services, such as policies for a particular event, loyalty programmes, activity or promotion. Such supplemental terms will be disclosed to you at the time of availability of such Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
- Mauqa may amend, restate or revise this Agreement, from time to time, without notice. Amendments, revisions and/or restatements, as the case may be, will be effective upon Mauqa’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Mauqa Platform after such posting constitutes your consent to be bound by this Agreement, as amended or otherwise.
2. The Mauqa Platform
- The Mauqa Platform is solely a venue for communications. In this regard, the Mauqa Platform is a communications platform for enabling the connection of individuals, or entities seeking to obtain Services and/or individuals seeking to provide Services by way of provision of, inter alia, temporary maids, cooks, cleaners, babysitters and elderly care providers (“Helpers“). Those certain Services requested by the Users, which are to be completed by the Helpers, are hereinafter referred to as “Helper Services“.
- Mauqa does not itself provide Helper Services. The provision of all Helper Services is up to the Helpers, which may be scheduled through use of the Mauqa Platform. Mauqa, through the Mauqa Platform, offers information and a method to obtain such Helper Services, but does not provide such Helper Services itself or act in any way as a service provider for purposes of cleaning, babysitting, or other home-related services, and expressly disclaims any responsibility or liability for any Helper Services provided to the User, including, but not limited to, a warranty or condition of good and workmanlike services.
- Any decision by a User to make use of or accept Helper Services is a decision made in such User’s sole discretion. Each Helper Service provided by a Helper to a User shall constitute a separate agreement between such persons.
- Materials posted on the Mauqa Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Mauqa Platform, or by anyone who may be informed of any of its contents.
- The User acknowledges that Mauqa does not provide services or own any employee and that all such services are provided by independent third party contractors who are not employed by Mauqa.
- We aim to update the Mauqa Platform regularly and may change the content at any time. If the need arises, we may suspend access to the Mauqa Platform and the Services or close them indefinitely. Any of the material on the Mauqa Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
Subject to your compliance with this Agreement, Mauqa grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to:
- access and use the Mauqa Platform on your personal device solely in connection with your use of the Mauqa Platform; and
- access and use any content, information and related materials that may be made available through the Mauqa Platform, in each case solely for your personal, non-commercial use.
- Any rights not expressly granted herein are reserved by Mauqa and Mauqa’s licensors.
4. Third Party Services and Content
- You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain affiliates; or (ii) independent third party contractors.
- It is at Mauqa’s discretion which brands or request options are made available to you.
5. Mauqa Platform Ownership
The Mauqa Platform and all rights therein are and shall remain Mauqa’s property. Neither this Agreement nor your use of the Mauqa Platform convey or grant to you any rights:
- in or related to the Mauqa Platform except for the limited license granted above; and/or
- to use or reference in any manner Mauqa’s company names, logos and service names, trademarks, copyrights or services marks.
6. Use of the Mauqa Platform
- Account registration requires you to submit to Mauqa certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Mauqa Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Mauqa’s termination of this Agreement with you.
- You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Mauqa Platform.
- Unless otherwise permitted by Mauqa in writing, you may only possess one Account.
7. User Requirements and Conduct
- You may not authorize third parties to use your Account.
- You agree to comply with all applicable laws when using the Mauqa Platform, and you may only use the Mauqa Platform for lawful purposes.
- You will not, in your use of the Mauqa Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Helper and/or Mauqa, other third party provider or any other party.
- In certain instances, you may be asked to provide proof of identity to access or use the Mauqa Platform, and you agree that you may be denied access to or use of the Mauqa Platform if you refuse to provide proof of identity.
- Failure to comply with the terms of this Agreement may result in our taking certain actions against you, including but not limited to:
- immediate, temporary or permanent withdrawal of your right to use the Mauqa Platform;
- legal action against you including proceedings for recovery of damages and compensation together with reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we feel is necessary; and/or
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
8. Promotions, Bundles, Credits and Referral Programs
- Mauqa, in its sole discretion, may make promotions available to any User or potential User via alpha numeric codes (“Promo Codes”). These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Mauqa.
- Mauqa reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Mauqa determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
- You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner; may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Mauqa;
- may be disabled by Mauqa, at any time, for any reason without liability to Mauqa;
- may only be used pursuant to the specific terms that Mauqa establishes for such Promo Code;
- may expire prior to your use; and
- Mauqa may establish additional terms relating to specific promotions.
- Mauqa reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Mauqa determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
- As part of your User account, Mauqa may provide you with access to a feature in the Mauqa application which may allow you to:
- manage payment for Services;
- add and store pre-paid credit balance (“Mauqa Credit”); and/or
- transfer Mauqa Credit to or receive Mauqa Credit from other Users, against payment of any applicable Mauqa Fees (as defined below) and subject to any limits on the number of transfers or the amount of Mauqa Credit you can send and/or receive, which Mauqa Fees and limits may be modified by Mauqa from time to time.
- When transferring Mauqa Credit balance to another User, the amount transferred and the applicable Mauqa Fees (as defined below) (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of Mauqa Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, Mauqa is merely enabling the transfer of Mauqa Credit balance and is no way responsible for the actions of the individual Users, including the reason for which Mauqa Credit is transferred by or to you.
- By becoming a User, you agree to receive communications, including but not limited to promotion and advertising material, from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems.
- Communications from Mauqa, may include but are not limited to: operational communications concerning your Account or use of the Mauqa Platform or Services, updates concerning new and existing features on the Mauqa Platform, communications concerning promotions run by us or our third- party partners, and news concerning Mauqa and industry developments.
- Mauqa may give notice by means of a general notice on the Mauqa Platform, electronic mail to your email address in your Account. You may give notice to Mauqa by written communication to Mauqa’s email address at email@example.com.
- If you no longer wish to receive promotional or marketing-related communications by text message or email, please contact firstname.lastname@example.org.
10. Charges and Payments
- As a User, you agree to pay any amounts charged by Mauqa (“Mauqa Fee”) and amounts charged by Helpers for providing Services to you (“Charges”).
- After you have received Services from a Helper, Mauqa:
- may facilitate your payment of the applicable Charges on behalf of the Helper as such Helper’s limited payment collection agent; and
- may collect any applicable Mauqa Fee directly from you or otherwise as Mauqa deems fit proper in its discretion.
- Payment of the Charges and Mauqa Fee in the above manner shall be considered the same as payment made directly by you to the Helper or to Mauqa, as applicable.
- Charges and Mauqa Fees will be inclusive of applicable taxes where required by law.
- All Charges and Mauqa Fees are due immediately and payment will be facilitated by Mauqa using the preferred payment method designated in your Account, after which Mauqa will send you a receipt by email.
- If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Mauqa may, on its own behalf, and as the Helper’s limited payment collection agent, use a secondary payment method in your Account, if available.
- As between you and Mauqa reserves the right to establish, remove and/or revise Mauqa Fees at any time in Mauqa’s sole discretion. Charges may also be varied or revised at any time without your consent.
11. Cancellation charges
Cancellation charges if time until start of job more than 2 hours: None
Cancellation charges if time until start of job less than 2 hours: Rs. 250
For bookings of Services, with the payment made in advance, if the Helper does not show up for the job or the booking is cancelled by Mauqa or its Helpers for any reason, then the amount will be credited into the customer’s account and will be used and/or adjusted for the next booking of Services.
13. Restricted Activities
With respect to your use of the Mauqa Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, employee or affiliates of Mauqa, and/or the Helper;
- interfere with or disrupt the Services or the Mauqa Platform or the servers or networks connected to the Mauqa Platform;
- post information or interact on the Mauqa Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Mauqa Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information.
14. Disclaimers; Limitation of Liability; Indemnity
- THE MAUQA PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MAUQA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MAUQA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE MAUQA PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE MAUQA PLATFORM, OR THAT THE MAUQA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. MAUQA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF MAUQA. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY (INCLUDING THAT OF YOUR PERSONAL SAFETY AND OF YOUR PROPERTY) ARISING OUT OF YOUR USE OF THE MAUQA PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- Mauqa is not responsible for the conduct, whether online or offline, of any User, Helper or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Helpers or any other third party.
- We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching at your place. By using the Mauqa Platform and participating in the Services, you agree to accept such risks and agree that Mauqa is not responsible for the acts or omissions of Users, Helpers or any other third party.
- Mauqa expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account, or you suspect any other breach of security, you agree to notify us immediately.
- Location data provided by the Mauqa Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Mauqa, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Mauqa Platform. Any of your information, including geolocational data, you upload, provide, or post on the Mauqa Platform may be accessible to Mauqa, selected partners and relevant helpers.
- Limitation of liability
- MAUQA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MAUQA PLATFORM OR SERVICES, EVEN IF MAUQA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAUQA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
- YOUR USE OF, OR RELIANCE ON, THE MAUQA PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE MAUQA PLATFORM OR THE SERVICES; OR
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HELPER OR OTHER THIRD PARTY PROVIDER, EVEN IF MAUQA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAUQA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
- By using the Mauqa Platform, the User agrees to hold Mauqa free from the responsibility for any liability or damage that might arise out of the Helper Services and/or any act or omission (whether willful or negligent) of the Helper.
- The User understands and acknowledges that Mauqa is not responsible for the conduct, whether online or offline, of any Helper, and will not be liable to the User or otherwise for any claim, injury or damage for loss of property or damage thereto arising in connection with any Helper Services and/or use of the Mauqa Platform.
You agree to indemnify and hold Mauqa and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
- your use of the Mauqa Platform and the Services or services or goods obtained through your use of the Mauqa Platform;
- your breach or violation of this Agreement; or
- your violation of the rights of any third party, including Helpers.
15. Miscellaneous Provisions
- Choice of Law
This Agreement is governed by and construed in accordance with the laws of the Pakistan.
We request customers to give the helpers a 15 minute after every 2 hours of work. This will ensure that our helpers can continue to work effectively. The total booking time includes any helper breaks the customer provides.
- You may not assign or transfer your rights under this Agreement in whole or in part without Mauqa’s prior written approval.
- You give your approval to Mauqa for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to:
- a subsidiary or affiliate;
- an acquirer of Mauqa ’s equity, business or assets; or
- a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Mauqa or any Helper as a result of the contract between you and Mauqa or use of the Mauqa Platform.
- If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement.
- This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.