TERMS OF USE - TROOPR.WORKS (For Customers)
Unitroop Technologies Private Limited ( a company incorporated under Companies Act, 2013 with its registered address at Unit no 10, Sahar Cargo Estate, Chakal Mumbai - 400099) and it affiliates trading as Troopr (“Troopr” or “us” or “we” or “our”) operates an online platform enabling its clients to obtain home services in Hospitality and Entertainment industry through the Troopr Platform made available on or through www.troopr.works and/or the Troopr Application (collectively the “Platform”)
These terms and conditions as laid down herewith in this document ( “Terms of Use” or “Terms” ) made for Troopr Clients governs the use of services made available through the Platform by such Clients and include our privacy policy, available at www.troopr.works/privacy-policy ( “Privacy Policy”), and any guidelines, additional or supplemental terms, policies and disclaimers made available or issued by Troopr from time to time ( “Supplemental terms” ). The privacy policy and supplemental terms form an internal and integral part of Terms of Use. In the event of a conflict between these Terms and Supplemental Terms with respect to applicable services, Supplemental Terms will prevail.
These terms constitute a binding and enforceable legal contract between Troopr and you, a user of the services or any legal entity that books the services of a Service Professional through the Platform (“you” or “Employer” or” Client” or “Customer”). Troopr and you are hereinafter collectively referred to as the “Parties” and severally as the “Party”
DISCLAIMER: Please take a Note that accessing, browsing or otherwise using the website www.troopr.works , Mobile application or purchases made otherwise from Unitroop Technologies Private Limited indicates your agreement to these user terms and condition of use, so please read the agreement carefully before proceeding.
1. Electronic Record
1.1 – The present document shall constitute and be deemed to be electronic record as defined and in accordance to the provisions of the Information Technology Act, 2000 and the rules made thereunder, applicable to electronic record, as well as any amended provisions including but not limited to legislations stipulated in various statutes relating to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2 – This document is being published on www.troopr.works and its Mobile Application in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
2. Introduction
Troopr, operated by Unitroop Technologies Private Limited, offers on-demand home entertainment and hospitality services (bartenders, waiters, chefs, entertainers, casino-style parties) acting as a pure marketplace and connecting vendors. By using our services, you agree to these Terms and Conditions.
2.1 – We thank You (Customer/User/You/Your) for registering with Unitroop Technologies Private Limited and/or Troopr as its brand, (We/Us/Our/Troopr) on www.troopr.works (Website) as well as on our Mobile Application (App). Your agreement with us includes these User Terms and Conditions of Use (Terms) and our Privacy Policy (together the Policies). If You don't agree with these Terms, then please don't use our services (defined later). Please note that You will not be able to book services offered by Troopr, if You have not clicked and accepted these Terms.
2.2 – By agreeing to these Terms, You hereby agree to the following: (i) That You are at least 18 years of age or older to consent to these Terms. (ii) That You have the power to enter a binding contract with Us and are not barred from doing so under any applicable laws. (iii) That any registration information that You submit to Us is true, accurate and complete, and You agree to keep it that way at all times.
3. Membership Eligibility
Use of the Website and/or the App as well as other services provided by Troopr are available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/App or place orders telephonically. If You are a minor i.e. under the age of 18 years, You shall not register as a member of the Website/App and shall not transact or use the Website/App or avail any Services. It is however clarified that whilst registering as a member of the website or placing any order telephonically, Troopr shall solely rely upon the information provided by You and representations made. In the event the information provided is found to be incorrect, You undertake to indemnify Troopr and hold Troopr harmless against any third party civil or criminal claim.
The appointment of Troopr by you is non-exclusive and does not purport to restrict Troopr’s right to provide any services to any other entity by itself or through anyone else. You agree that Troopr is merely a marketplace facilitating/enabling you to find a desired Service Professional for your specific requirements and that such Service Professional for purposes pertaining to applicable law does not become an agent of Troopr and nor can Troopr be considered a Principal in that regard. These Terms are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organisation of any kind. The Parties shall be independent contractors with each other for all purposes at all times, and neither Party shall act as or hold itself out as an agent for the other except as may be required by Troopr to provide said Services to you, nor shall either Party create or attempt to create liabilities for the other Party. Further, each Party shall be solely responsible for acts and activities of its employees/personnel/agents (including disciplinary action therefore) while they are engaged by it in the course of/relating to offering the respective Services mentioned herewith.
4. Service Overview
Troopr connects users with third-party service providers (Service Partners & Agencies) in the entertainment and hospitality industry - Our services include providing a bartender, Chef at home, Waiter, DJs, live performers, Tasting menu & Grazing Table and curated themed parties like (casino-style entertainment). Troopr acts as a one stop shop for all your man-power services required to host an event or a Party. No illegal gambling or unlawful activities are promoted.
5. Use of Our Services
5.1 – You understand and agree that by registering with Troopr, You will be able to opt for hospitality & Entertainment services (Service) within the premise and comforts of Your home. Troopr is only an aggregator/marketplace for service professionals and agencies of different grades and calibre.
5.2 – The rates that apply to our service professionals are based on their skill and training, depending on which our service professionals charge. However, the ratings for all our service professionals are dynamic and driven by customer feedback and are therefore subject to change from time to time.
5.3 – At Troopr, all appointments are booked online through our Website/App or telephonically and are subject to availability of service professionals and service slots. In the event You have booked an appointment, and our service professionals fail to reach You on time, every attempt will be made to inform You of such delay. However, our maximum liability under any and all circumstances shall be limited to rescheduling the appointment to the next convenient available time slot or offering a refund for non-availability of our professionals at the desired time slot.
6. User Account, Password/security & Booking
6.1 – By choosing to opt for a home service, You understand and agree that while our aim is to deliver a great service experience every time, there are certain obligations on You as Customer as well. i. You shall be liable to make complete pre-payment for all Services availed as per the invoice presented to You which shall include service fees and statutory taxes. ii. You shall ensure that there is no misuse, soiling and/or damaging of any of the services or devices (technical and/or non-technical) used by the service professional. iii. You shall not at any time ask the service professional to commit/omit doing any act that is contrary to the model adopted by the Troopr in the course of rendering Services. Our service professional have the right to refuse a service request from the Customer for any reason whatsoever. In case of any grievance in this regard, You are advised to kindly contact our customer care for complaints and assistance at [email protected]. iv. You or any member within Your home premise, shall not at any point misbehave with our service professional, harass or use abusive language or use physical violence and/or behave in any manner that is unlawful. In the event You are unhappy with the Services, You may ask our service professional to leave, followed by lodging a complaint/feedback on our Website/App. We will get back to You with specialised assistance within 24 hours of receipt of the message.
6.2 – Troopr endeavours to provide a comfortable and flawless experience to all its customers. However, in case of any loss or damage suffered by the Customer arising directly out of the service professional's fault and solely attributable to the negligence of the service professional in course of rendering Services, the total liability of Troopr shall in all cases be limited to an amount not exceeding Rs 16,000/- (Rupees Sixteen Thousand Only) subject to a detailed enquiry and inspection by Troopr. Troopr shall not be liable for any damages of any kind arising from the use of the Services in case such damage is incidental, punitive, and consequential.
6.3 – Troopr encourages all its Customers to take full responsibility for their belongings. In case any items or belongings of the Customer is found to be missing post availing Services, the Customer shall have to notify Troopr within twenty four (24) hours from the time of availing such Services. Troopr shall 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.
6.4 – If the Customer suspects any wrongdoing (legal or illegal) or has any complaint in respect of the Services or regarding the service professional, the Customer is encouraged to inform Troopr of the same in writing within 24 hours of using the Services of Troopr. Troopr shall not be liable for the conduct of its service professionals. The company reserves the right to communicate with you via various channels, including but not limited to phone calls, emails, text messages, and other modes of communication.
6.5 – For any purchases to be made through the Website/App directly it is mandatory for You to become a member. Upon registering Yourself, You will receive a One Time Password (OTP) and account designation upon completing the Website/App's registration process. Every time You log in, You will require Your handheld telephonic device to complete the log in. Each time You log in, You will be assigned an unique OTP. You are responsible for maintaining the confidentiality of the OTP and account, and are fully responsible for all activities that occur under Your account. You agree to (a) immediately notify Troopr in case of any unauthorised use of Your account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Troopr cannot and will not be liable for any loss or damage arising from Your failure to comply with this clause.
6.6 – Orders: The Platform permits you to request various classic & luxe services at a time of your choosing based on available slots. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional who is able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Professional for the specific timeslot, we will contact you to find an alternative time.
7. Pricing, Fees & Payment terms :
7.1 – Troopr reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the Platform.
7.2 – Charges & Fees in respect to Classic and Luxe services: In respect of all Services that you seek to avail through the Platform, you shall be required to pay Troopr the amount indicated at the time of booking as well as amounts towards (a) any additional luxe or classic Services you may avail, (b) out of pocket expenses incurred by the Service Professional, and (c) expenses arising out of the purchase of goods required or utilised for the performance of the classic or luxe Service (“Charges”). In addition to the Charges payable to Service Professionals, Troopr reserves the right to charge you a convenience fee for facilitating the booking and transferring payments to the Service Professional (this fee is referred to as “Fees”). You acknowledge that the final bill you receive may include additional charges, including without limitation, a safety fee, warranty fee or an insurance fee.
7.3 – Troopr shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for classic & luxe Services through credit cards, debit cards, net banking, wallets, UPI or cash upon booking of the Service. We have the right to modify and otherwise restrict the modes of payment available to you. The Charges and Fees may be payable at the time of making a booking, as specified by Troopr.
7.4 – For the avoidance of doubt, please note that the Charges are payable to Service Professionals/Agencies, and Troopr acts as a limited collection agent on behalf of such Service Professionals/agencies to collect and transfer amounts due to them.
7.5 – Taxes: All Charges and Fees are inclusive of applicable taxes.
7.6 – Troopr reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.
7.7 – Charges and Fees that you pay are final and non-refundable, unless otherwise determined by Troopr or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services.
7.8 – You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Troopr will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Luxe Services or Services, you will be responsible for the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees.
7.9 – Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
7.10 – Troopr does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by Troopr to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for Classic or Luxe Services is not intended to suggest that Troopr provides any additional payments to Service Professionals. You understand and agree that while you are free to provide additional payment as a gratuity to any Service Professional who provides you with Services, you are under no obligation to do so. Gratuities are voluntary.
8. Cancellation & Refund of Services:
8.1 – In the event, the Customer has booked a service on the Website/App and made an online payment for the same, Troopr shall send a message using Short Messaging Service (SMS)/Whatsapp/Call to the designated contact number of such Customer, confirming such Services and acknowledging such payment.
8.2 – Classic services: If the Customer cancels the booking more than 24 hours prior to the scheduled service time, the Customer shall be entitled to a partial or full refund of the amount paid. If the cancellation is made less than 24 hours before the scheduled service time, Troopr reserves the right to impose cancellation fees of upto 100%, the amount of which shall be determined at Troopr’s sole discretion based on the circumstances. Luxe Services: If the customer has booked Troopr’s Luxe services then he or she needs to cancel the booking 48 hours in advance for an entitlement of full refund or cancellation charges will be applied as per Troopr. Troopr has the right to levy 80% to 100% cancellation fee of the whole booking amount based on different scenarios and situations. Also, if a customer has booked a classic or a luxe service and Troopr cannot fulfil the given requirement due to unavailability of service professionals then full refund will be initiated by us to our customer.
8.3 – Bookings cancelled before service professionals are confirmed or assigned shall not incur any charges. Delays that do not affect the quality of the service do not qualify for refunds. In case of the unavailability or cancellation by a selected service professional, Troopr will offer a replacement from its pool of registered service professionals and agencies.
8.4 – The Customer shall have the following options for refund:
8.5 – Non-refundable services: Customised entertainment packages and certain seasonal or promotional services may be non-refundable based on certain scenarios which Troopr deems fit.
8.6 – Force Majeure: In case of natural disasters or government restrictions, services may be rescheduled or fully refunded if rescheduling is not possible.
8.7 – For cancellations made within 12 hours of the scheduled time, Troopr charges a 100% cancellation fee as it becomes difficult to reassign the professionals on such short notice.
8.8 – Partial Service Cancellation: If a Customer cancels part of a bundled service (e.g., a package of bartender + chef), we allow partial refunds for the unperformed services, while applying standard cancellation policies for the rest.
8.9 – Rebooking Incentives: We offer a rebooking credit or discount for future services in lieu of a full refund, encouraging the Customer to reschedule rather than cancel our services.
9. Troopr Credits
9.1. Troopr may, in its sole discretion, offer promotional codes that can be redeemed for credits, other features or benefits related to the services, subject to any additional terms that may apply on a promotional code or on Troopr Credits.
9.2. You agree that (i) you shall use Troopr Credits in a lawful manner, and only for the purposes specified by such Troopr Credits, (ii) you shall not duplicate, sell, or transfer the Troopr credits in any manner (including by posting such codes on a public forum) unless you have Troopr’s express prior consent to do so, (iii) Troopr credits may be disabled by Troopr at any time for any reason without any liability to you, (iv) Troopr credits may expire within a given time frame of six months if the account is not active.
9.3 Troopr reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Troopr credits, by you or any other user in accordance with the Terms and/or if Troopr reasonably determines or believes that the use or redemption of the Troopr Credits was in error, fraudulent, illegal, or in violation of the applicable Troopr Credit terms or these terms.
9.4 Troopr credits can be used in such cities where Troopr is operating and shall be subject to Platform terms of use and applicable laws.
9.5 You can purchase Troopr credits using any payment method as available on the Platform. You can also redeem promotional/marketing vouchers to add Troopr credits into your wallet. For example: 1000 Rupees = 1000 Troopr Credits.
9.6 If you have booked a job using Troopr credits, then that amount is blocked/locked against the particular job, and the same locked Troopr Credits cannot be used to complete payment for any other job you may have posted. You need to purchase separate Troopr Credits to complete the following transaction. You can see the used balance and available balance in your Troopr wallet.
10. Troopr Wallet
10.1 Troopr provides a Wallet Facility where Troopr Credits will be stored in the virtual wallet associated with your virtual account on the Platform (“Troopr Wallet”).
10.2 Troopr provides a Wallet facility to its clients which can be used for availing Services on the Platform. You hereby consent that Your use of Troopr Wallet is subject to the geographical and other usage restrictions as may be made applicable from time to time and shall also be subject to the additional terms and conditions.
10.3 We will provide customers with the choice of receiving a refund either directly into their bank accounts or into their designated wallet. Please note that any money refunded to Troopr wallet cannot be withdrawn and must be used to avail services only on the Troopr Platform.
10.4 In the event that customer’s account becomes inactive, the balance will be subject to a 90-day expiration period. Any unused funds in the wallet after this period will be considered forfeited, and a tax invoice will be generated accordingly.
10.5 Prior to the balance expiration date, customers will receive sufficient notifications to ensure awareness of the impending forfeiture of their wallet balance.
10.6 Customers will be allowed to utilize the balance in their account until the expiration date, with no provision for booking services beyond this point.
10.7 A maximum of Rupees 10,000 can be deposited in the Troopr wallet for pre-payment purposes; any amount deposited above Rupees 10,000 will be refunded back to the client’s bank account.
11. GST, Invoice, Recovery Cost & Disputes
11.1 The Client will pay Troopr any GST payable in respect of the Services, on the same date on which payment for the relevant Services are due and payable.
11.2 - Invoice
An invoice for the job is raised after the completion of the job and not before job completion in accordance with the Terms here under in this policy and any amount payable is derived from the Troopr Credits from the Clients Troopr Wallet. In case of insufficient Troopr Credits any balance charges as maybe payable by the Client as per the Terms shall be invoiced by Troopr and payable by the Client within 7 days of raising such invoice.
11.3 - Recovery Cost
A. The Client will pay (on a full indemnity basis) all Loss, including costs and expenses of Unitroop Technologies Private Limited, its legal advisers, mercantile agents and others acting on its behalf in respect of anything instituted or being considered as a result of any breach of this Agreement by the Client.
11.4 - Disputes
For any disputes or legal complaints, The client can file against Troopr only in the courts of Mumbai as applicable by law where Troopr’s primary nature of business is held & operated.
12. Customer Conduct
12.1 Troopr prohibits discrimination against Service Professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept classic or Luxe Services based on any of these characteristics.
12.2 We request that you treat all Service Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Services. Service Professionals shall be entitled to refuse to perform Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to Luxe Services at our absolute discretion if you behave towards any Service Professional in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
12.3 You agree that you will be liable for discriminating against Service Professionals or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Services or impact the Services Professional’s health, safety, or well-being, to Troopr and the Service Professional.
12.4 You agree that in the event a Service Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to [email protected] at the earliest but in any event within 48 (forty eight) hours of such incident.
13. Third Party Services
13.1 The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
13.2 We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
14. YOUR RESPONSIBILITIES
14.1 You represent and warrant that all information that you provide in relation to the Classic and Luxe Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Classic and Luxe Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
14.2 You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
14.3 In respect of the User Content, you represent and warrant that:
(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
(ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content;
(iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
(iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of publicity or privacy of any person or entity;
(v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(vi) the User Content does not and shall not violate any third party rights;
(vii) the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying the Services.
14.4 You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall 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 Services or any portion thereof;
(v) engage in the systematic retrieval of content from the 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;
(vii) decompile, reverse engineer, or disassemble the Services;
(viii) link to, mirror, or frame, any portion of all or any of the Services; or
(ix) violate applicable laws in any manner.
14.5 You warrant that you shall not engage in any activity that interferes with or disrupts the Services.
14.6 You shall not attempt to gain unauthorised access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.
14.7 You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Service Professional from whom you have availed Classic and Luxe Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Classic and Luxe Services independently, without booking the Pro Services through your Account. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Professionals and
15. Representations and Warranties by the Client:
The Client hereby represents and warrants to Troopr that all information provided, including but not limited to job descriptions, project details, contact information, and any other data, is true, accurate, and complete. The Client acknowledges that any inaccurate or incomplete information may hinder Troopr's ability to effectively match the Client with suitable service professionals. The Client further represents and warrants that they shall comply with all applicable laws, regulations, and industry standards when using Services. This includes, but is not limited to, adhering to any licensing, insurance, statutory, regulatory, or certification requirements related to the Services sought and any other required compliance thereof, and the Client's obligation to verify the same for the selected Service Professional. The Client agrees not to use Troopr's platform for any unlawful or unauthorized purposes. This includes refraining from engaging in any fraudulent, harmful, or malicious activities, including but not limited to the misuse of personal information, spamming, and attempting to interfere with the platform's proper functioning. The Client shall indemnify and hold Troopr, its officers, employees, and agents harmless from any claims, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or relating to the Client's breach of any representation, warranty, or obligation herein. The Client shall also indemnify Troopr against any disputes, damages, or disputes that may arise from interactions with the Service Professionals introduced through the Platform or from the Job Brief. The Client acknowledges that Troopr invests significant resources in identifying and connecting the Client with suitable Service Professionals. Therefore, the Client agrees not to circumvent the Platform by engaging in transactions directly with the Service Professionals as per the provisions in these Terms. The Client shall treat all information related to the Platform and its operations as confidential and shall not disclose any such information to third parties without the prior written consent of Troopr. These comprehensive representations and warranties are essential to safeguard Troopr's interests, ensuring the accuracy of information, compliance with the law, and protection from unauthorized and fraudulent activities. Violation of any of these representations and warranties may result in the termination of the Client's access to Troopr's services and may subject the Client to legal actions and liabilities, in accordance with the applicable laws and regulations. The Client will pay (on a full indemnity basis) all Loss, including costs and expenses of Troopr, its legal advisers, mercantile agents, and others acting on its behalf in respect of anything instituted or being considered as a result of any breach of these Terms by the Client.
16. DISCLAIMER OF TROOPR SERVICES:
16.1 Classic & Luxe Bartender service - The client must be 21 years and above to book our bartender service. Acknowledge that you meet our age requirements and agree that we are not responsible or held liable for any issues or incidents that may occur during our service. We are not responsible for actions taken under the influence of alcohol.
16.2 Classic Chef service - The client agrees that Troopr sends the chef only once the menu is decided on app/website or through a telephonic conversation. Chef reserves the right to reject any of the client's wishes on the job if the client asks for additional services or more dishes to be cooked. Chef is liable only for Platform cleaning and will not wash the utensils or any appliances. The chef will come to the client's location, prepare the dishes within 6 hours or until the dishes are cooked whichever happens first. Chef is not responsible for serving the dishes to its customer. Please mention all your allergies if any to the Chef beforehand which will help him prepare the dish efficiently.
16.3 Waiter service - The waiter will come to the clients location formally dressed and presentable. The waiter will come for a duration of 6 hours and overtime charges apply if the client and the waiter mutually agree to extend the shift hours.
16.4 Gaming Table - Disclaimer: Our gaming table services are for entertainment purposes only and do not promote gambling or any activities involving monetary exchange. Please agree that all games are played purely for fun, with no real betting involved. Troopr is not liable for any monetary damages or liabilities arising due to playing games involving gambling or any illegal activities. Please take note that due to the large size of the gaming tables, it is possible that the gaming table may not fit in the client’s house or due to operational challenges it could not fit in the lift of the customer’s building. In these scenarios Troopr will try its best to resolve the challenges but does not guarantee the fulfilment of the service. Example - Poker table size = 38 inch x 78 inch.
16.5 Singer/Dj service - Please note that the DJ and Singer will come for a limited duration based on the number of hours mentioned on the app/website. Please note that no refund can be initiated if you do not like the voice or the gig of our artists performing. In such scenarios please contact our customer support team. Overtime charges apply if the client and service professional agree to extend the hours.
16.6 Fine Dining & Grazing Table service - This service is one of our Luxe services and the client agrees to connect over a telephonic conversation post booking to discuss the customisation of menu, if the client is unable to reach or connect on phone, we will try reaching out via email or message within 8 hours of the booking. If we are unable to connect with a buffer period of 12 hours post booking, Troopr reserves the right to cancel the booking and charge a cancellation fee for the same. Please note that once the menu is finalised, 80% of the dishes are cooked at our vendor's central kitchen and basic appliances are used in the client's Kitchen to prepare the final dishes.
17. Intellectual Property
The Client acknowledges and agrees that all Intellectual Property and other confidential information provided to Troopr remains the exclusive property of the Client or its licensors, and Troopr, along with its subcontractors, contractors, or Service Professionals acting on its behalf, shall not, in any circumstances, use, reproduce, modify, or disclose the Client's Intellectual Property or confidential information for any purpose other than fulfilling its obligations under this Agreement. Troopr, as the provider of the Troopr Platform, retains full ownership of all its Intellectual Property rights, both existing at the date of this Terms and created during, including any improvements to such Intellectual Property developed during the Agreement's Term. Troopr hereby grants the Client a limited, non-exclusive, non-transferable, and revocable right to access and use the Platform for the sole purpose of facilitating the Services. This license is subject to strict compliance with the Terms. The Client shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, and shall not sublicense, assign, transfer, or share this license with any third party without Troopr's prior written consent. This does not transfer any ownership interest in Troopr's Intellectual Property to the Client, and the Client acknowledges that the Platform contains proprietary and confidential information and may be subject to copyright and other applicable intellectual property rights. The Client shall not take any actions that may infringe upon or contest the validity of Troopr's rights in its Intellectual Property. Troopr agrees to use reasonable efforts to protect the confidentiality of the Client's Intellectual Property and other confidential information provided by the Client, and Troopr will not disclose or use such information except as necessary for the performance of its obligations under this Agreement. This clause is essential to establish the proprietary rights and obligations regarding Intellectual Property for both parties, preserving the Client's rights while safeguarding Troopr's ownership and control of its Platform and related Intellectual Property.
18 - Confidentiality
During the Term, the Client acknowledges that they may receive or have access to Troopr's confidential information, including, but not limited to, trade secrets, proprietary information, business strategies, software, technology, and any other non-public information (collectively referred to as "Confidential Information” or “confidential information"). The Client agrees to treat all Confidential Information with the utmost care, ensuring that it is not disclosed or made available to any third party, except as required for the sole purpose of the services provided by Troopr under this Term. The Client may only disclose Troopr's Confidential Information to its employees, contractors, or Service Professionals who have a legitimate need to know such information for the purpose of fulfilling their obligations during the Term. Such individuals shall be informed of the confidential nature of the information and be bound by obligations of confidentiality consistent with the terms of this Clause. The Client acknowledges that the obligations of confidentiality shall not apply to information that (a) is or becomes publicly known through no fault of the Client; (b) is already in the Client's possession without an obligation of confidentiality prior to its receipt from Troopr; (c) is independently developed by the Client without reference to Troopr's Confidential Information; (d) is rightfully received from a third party without a duty of confidentiality; or (e) is required to be disclosed by law, regulation, or a court order, provided that the Client promptly notifies Troopr of such requirement to allow Troopr to seek an appropriate protective order. Upon the termination or expiration of the Term, the Client shall promptly return all of Troopr's Confidential Information, including any copies, notes, or summaries thereof, or, at Troopr's discretion, destroy all Troopr's Confidential Information, providing written certification of such destruction. The Client acknowledges that the obligations of confidentiality under this Clause shall survive the termination or expiration of the Term and continue for a period of 20 years from the date of termination or expiration. Furthermore, the Client acknowledges that a breach of this confidentiality provision may cause irreparable harm for which monetary damages may not be an adequate remedy. In addition to any other remedies available at law or in equity, Troopr may seek injunctive relief to prevent any unauthorized disclosure or use of Confidential Information.
19. Permitted Use and Disclosure of Confidential Information
The Client acknowledges and agrees that the Confidential Information received from Troopr shall only be used for the sole purpose of fulfilling the Client's obligations during the Term of this agreement. The Client shall not use Troopr's Confidential Information for any other purpose, including, but not limited to, competitive analysis, reverse engineering, or the development of products or services that may compete with Troopr. The use of Confidential Information is strictly limited to the specific needs and purposes of the services provided under this Term, and any deviation from this permitted use is expressly prohibited. Furthermore, the Client may disclose Troopr's Confidential Information only to those employees, contractors, or Service Professionals who have a legitimate need to know such information for the purpose of fulfilling their obligations during the Term. The Client shall inform such individuals of the confidential nature of the information and ensure they are bound by obligations of confidentiality consistent with the terms of this Clause. Any use or disclosure of Confidential Information beyond these permitted uses is strictly prohibited and constitutes a breach of this Agreement.
20. INDEMNITY
The Provisions herewith shall be read together with Provisions as set forth in the Terms. The Client shall indemnify and hold Troopr, its officers, employees, and agents harmless from any claims, demands, losses, liabilities, expenses, including reasonable attorney fees, and damages arising from or related to any breach of the Client's representations, warranties, or obligations under this Agreement, the use of Troopr's services, any dispute, loss, or damage resulting from interactions with Service Professionals introduced through the Platform, or any unauthorized or inappropriate use of Troopr's services. The Client also agrees that Service Professionals engaged through the Platform are solely responsible for their services, and the Client shall seek recourse directly from the Service Professional for any disputes, claims, losses, liabilities, expenses, and damages arising from their actions or omissions, indemnifying Troopr against any related claims or liabilities. The Client acknowledges Troopr's limited liability as specified in (Limitation of Liability) and agrees not to hold Troopr liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including, but not limited to, loss of profits, loss of business, loss of data, or loss of goodwill, even if Troopr has been advised of the possibility of such damages. Furthermore, the Client undertakes not to circumvent the Platform after the initial introduction, indemnifying Troopr against any claims, losses, liabilities, expenses, and damages arising from such circumvention. Finally, the Client commits to indemnify Troopr against any claims, losses, liabilities, and expenses stemming from the Client's breach of the confidentiality obligations as specified in (Confidentiality), including the unauthorized disclosure or use of the Platform's Confidential Information, ensuring that Troopr is protected from various potential liabilities arising from the Client's and Service Professionals' interactions with the Platform.
21 - Governing Law and Arbitration
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India and any disputed thereof shall have the exclusive jurisdiction of the courts of Mumbai.
Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach, or termination, and any non-contractual claims, shall be referred to and finally resolved by arbitration in Mumbai, India, in accordance with the rules of arbitration and conciliation of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said rules. The language to be used in the arbitration proceedings shall be English. The award rendered by the arbitrator(s) shall be final and binding on both Parties, and judgment upon the award may be entered in any court of competent jurisdiction. The Parties agree to keep the arbitration and any related proceedings confidential, except to the extent required by any statutory provisions or to enforce or challenge the award.
This governing law and arbitration clause establishes that Indian law governs the Agreement and ensures that any disputes are resolved through arbitration in Mumbai, India, in accordance with ICC rules, with the proceedings conducted in English. It also emphasizes the confidentiality of arbitration proceedings, except as required by law or to enforce or challenge the award.
Legal Compliance for Unitroop Technologies Private Limited in Mumbai and Maharashtra: Bombay Prohibition Act, 1949: Sets the legal drinking age (21 for spirits, 18 for beer/wine). Public Gambling Act, 1867 and Maharashtra Prevention of Gambling Act: Troopr provides casino-style entertainment for recreation only, with no monetary gambling. Consumer Protection Act, 2019: Ensures rights of consumers using Troopr’s platform. Information Technology Act, 2000: Regulates collection, storage, and processing of personal data (user info, payment details).
22 - Force Majeure
Troopr shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of nature, fire, flood, pandemic, epidemic, earthquake, war, riot, civil disturbance, sabotage, labor disputes, governmental acts, and restrictions, or other events of force majeure.
23. Amendment to Terms
Troopr reserves the right to amend, modify, or revise the terms and conditions of these Terms at its sole discretion. Any amendments will be communicated to the Client in writing, and continued use of Troopr's services following such amendments shall constitute the Client's acceptance of the revised terms.
24 - Waiver and Severability
The failure of either Party to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. If any provision of these Terms is found to be illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be considered severed from the Terms, and the remaining provisions shall remain in full force and effect.
25 - TERMS AND TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion, (A) if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, (B) when you cease to become a user of our Services, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of Troopr or its affiliates, to access and use the Services, or (D) violate or breach the Community Guidelines, (ii) upon 30 (Thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
(c) You may terminate these Terms, at any time, for any reason by sending a notice to Troopr at [email protected]
(d) Upon termination of these Terms:
(i) the Account will expire;
(ii) the Services will “time-out”; and
(iii) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.
26 - GRIEVANCE REDRESSAL
(a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services or these Terms through registered post or through email, details of which are provided below:
Name: Vatsal Sanghvi
Designation: CEO
Email Address: [email protected]
(b) We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
27 - MISCELLANEOUS PROVISIONS
(a) Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.
(b) Modification to the Services: We reserve 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.
(c) 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 to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a 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).
(d) Assignment: You shall not licence, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any third party without any prior notice to you.
(e) Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [email protected].
28 - Consent to use data
• You agree that we may, in accordance with our privacy policy, collect and use your personal data. The Privacy Policy is available on our website and it explains the categories of personal data that we may collect or otherwise process about you and the manner in which we process such data.
• In addition to any consent, you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or third-party service providers and such other legal person as Troopr may deem fit. We may use information and data pertaining to the use of the services for provision of the services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our services, and provision of beneficial schemes, new offers, and for experience enhancement and for such other purposes as Troopr may deem fit.
• Subject to applicable laws, governing Personal Data like the Digital Data Protection Act 2023 and any other applicable law for the time being and which may be amended from time to time, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies and the same shall not be considered a violation of these Terms.
