Terms & Conditions

Nature & Applicability of the Agreement:-
 

• We referred as (Companion Technologies) request you to carefully go through these terms and conditions before you decide to avail the services of Companion Technologies, by registering with the company to avail our services, you irrevocably accept all the obligations stipulated in these terms of use and agree to abide by them. By using this Website, you signify your agreement to these Terms of Use as well as the website's www.companions.in.
  (a)      Companion Technologies private limited, on behalf of itself and its affiliates under the brand Companion, is the author and publisher of the website resource www.companions.in. Companion Technologies is a private Limited company with registered office at COMPANION TECHNOLOGIES PRIVATE LIMITED PLOT NO.79, NORTH 4TH CROSS STREET, KABALISWARARNAGAR, NEELANGARAI, CHENNAI, 600041, that manage this (website), an online portal connecting Companions around the city with customers who needs the service of care. This document comprises the Terms of Use, hereinafter referred to as the “Agreement”, and constitutes a legally binding agreement between you, referred as (companion or customer) and the company. By (a) using the Website as a customer on the Website or (b) by contacting the company directly for booking services which indicates your acceptance thereof once you sign the agree box or booking your services, you understand and hereby agree to the terms of the Agreement.
  ​(b)     Companion Technologies may introduce new services in relation to the website and company from time to time. The existence and availability of the new services will be notified on the website as and when they become available plus Companion Technologies reserves all the right to change or modify these terms and conditions at any time in our sole discretion. If the company makes changes to these terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our website or updating the date at the top of the Agreement. Companion Technologies shall try and ensure that all information that is provided on the website with respect to policies / products/Services are accurate in all respects and are kept up to date. However, Companion Technologies does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the Customer is required to check the accuracy of the same with the office and website of companion.  Your use of the Website following any such modification or revised terms constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. The agreement is applicable to the (a) customer or (b) any other representative of the customer and thus all the terms and conditions pertaining to the website are to be acknowledged by themselves, respectively. Terms and Conditions may contain typographical, grammatical errors and mistakes which may not be permissible in court proceedings with their error meaning & terms.
  (c)     The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
            (i)      the Indian Contract Act, 1872,
            (ii)     the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
            (iii)    this document is an electronic record in terms of IT Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000.
   

Incorporation of the Company:-

​                     That the company Companion Technologies is lawfully incorporated under sub – section (2) of section 7 and sub – section (1) of section 8 of the Companies act, 2013 (18 of 2013) and rule 18 of the Companies (incorporation) rules, 2014. The company has its terms and conditions and hereby it abides all the guidelines mentioned in the companies act and incorporation rules.
 

Definitions:-
                   
                     All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

                    ● Agreement/contract shall mean Every promise and every set of promises between Companion Technologies and the customers forming the consideration for each other, is an agreement.
                    ●  Companion shall mean the volunteers, students, contract workers, provided by the company to the customers to provide services.
                    ●  Customer shall mean the visitors or users of the Website or individuals who contact Companion Technologies seeking information on companions for Services. Unless expressly specified otherwise, reference to a Customer shall also include the relatives, guardian, or other acquaintance/ user / agent of a Customer who use the Website or communicate with Companion Technologies on behalf of the Customer.
                     ●  Company shall include the name Companion Technologies and also Us / We which means a company incorporated under the companies Act 2013 or any previous Company Law which is a separate artificial person, created by law that has a separate legal entity, perpetual succession, and common seal and has limited liability.
                     ●  Website shall mean the online portal operated and maintained by Companion Technologies or any other software that enables the use of the website or such other way as may be specifically provided by the company.
                     ●  Service shall mean the various categories of Services including the following made available through the company or through Company’s website which shall hereby includes. Accompanying to hospital visits, banks, Run errands, Emotional companionship, Walking or Travel assistance, Leisure activities and any other services which are mentioned in the website.
                     ●  Rates shall mean means the fees / charges / fare charged by the Company to the Customer for the Services provided and the efforts instituted to provide such services.
                     ●  Alter or alteration shall mean and includes the making of additions, omissions and substitutions in the T&C or any other rules or services in the company.
                     ●  Applicable law shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal and any other government orders and provisions which are passed and changed from time to time or a court of India.
 

Eligibility:-

                     You will be “Eligible” to use the Services only when You fulfil and accept all of the following conditions pertaining to the terms and conditions of the company which includes the person agreeing the agreement / contract  shall have attained the age of major or a minor who has been managed by a guardian of 21 years of age and has a sound mind is competent to enter into a contract under the Applicable Laws.
 

Terms of Use of Service:-
                           
                     ●  The company as well as the customers shall abide by all the T & C of the agreement from the time of booking the services and till the time services has been completed.  
                     ●  Any disagreement or violation of the agreement by the customer during the duration of the services shall result in the termination of the service and the company is not liable for any loss/damages caused under any such circumstances.
                     ●  Company is not responsible at any time if the customers are unaware regarding the present T & C or any other modifications which shall occur time to time. Thus, we request the customers to carefully go through these terms and conditions before you decide to avail the services of Companion Technologies by registering with the company to avail our services, you irrevocably accept all the obligations stipulated in these terms of use and agree to abide by them.
                     ●  No services shall be provided unless and until the agreement has been accepted and signed by the customer.
                     ●  The customers can place their services through Telephone, WhatsApp or Email.
                     ●  The customer shall approach the contact which are mentioned in the company’s website for any enquiry or information to be known relating to the services, website or agreement
                     ●  The user is obliged to provide all the necessary information which shall be accurate, current and complete about the person to whom the services has been sought.
                     ●  Any medical complication or imperative facts about the customer shall be informed to the company before availing the services. The company shall not be liable in case of any complications or any other unfortunate events arising out of erroneous or inaccurate or any other false information provided by the customer.
 

Obligations and Rights:- 

                     Companion Technologies has a set of obligations and rights which are reserved for both the company as well as the customers. The company and the customers shall comply with the obligations and act in accordance with the agreement throughout the service been completed. Violation or failure to abide the obligations results in termination and breach of the contract. The company may sue for damages incurred as a result of the breach. Damages may include monetary damages, such as lost profits, and non-monetary damages, such as loss of goodwill or loss of business.  The rights which are mentioned in the agreement shall be limited and not beyond.

(a) Of the company :
                     ●  If a customer has utilized the services, we reserve all the rights to store personal information regarding the customer with confidentiality, use such information to fulfil the obligations and also we shall hold the right to share the information provided by the customer with the companions and store such information or the conversations of the customer with the companions, in accordance with our privacy policy.
                     ●  Companion Technologies will ensure Users / customers are provided confirmed services when they book their services but however, we have no liability if such a service is later cancelled by the companion, or the same companion is not available for service at the last moment. We shall take all the efforts to compensate / replace the companion with another one in case of non-availability and the charges shall be incurred only after the acceptance of the customer.
                     ●  The companions shall take all the vital efforts to satisfy the service rendered to the customer but however at time of non-availability / change in time/ incapacity or any other circumstances where the service is unable to be performed, it shall be informed / communicated to the customer on time by any way of communication or through notice.
                     ●  In case of emergency or under the acknowledgement / consent or any other condition of the customer if the companion is asked to use the customer’s phone or internet, the customer shall take the risk factor and we ( company ) shall not be liable at any time in case of loss / misuse or damage incurred on your property or while using your property.
                     ●  Companion shall not be obliged to handle your i.e., customer’s personal belongings or valuables unless and until the customer agrees upon. The company is not liable to at any time in case of loss / misuse or any damage incurred on your belongings.
                     ●  Company shall provide services for outstation travel in case of requirement or need by the customer and where the all travel related charges and other supplemental charges shall be borne by the customer.
                     ●  In case of medical emergency, the companion shall take the least efforts in goodwill apart from the services provided to the customer. The companion nor the company shall not be liable in any such complications or emergency situations.
                     ●  The company nor the companion shall not be responsible for any action taken by the medical staff in any condition i.e. transporting customer in ambulance, medical treatment provided in the hospital and any other conditions.
                     ●  All expenses arising out of booking a cab or any other mode of transportation / travel /conveyance expenses or any other incidental expenses arising due to travel or anything which includes a third party either within the city or outstation should be borne by the customer. (e.g., transportation, hospital, any other staffs, officers, etc). Contingent upon any expense which was borne by the companion must be reimbursed by the customer before the service ends and the same shall be informed to the company as well.
                     ●  The company nor the companion shall be liable or concerned in case of any dispute or delay arising between the customer and any other third party or because of any other person involved during the course of the service provided. (e.g., transportation, officials, any staffs, hospitals, etc.)
                     ●  The company nor the companion shall not be liable for the delay in time duration or any other circumstances which occurs in part of the customer or any other third party.
                     ●  We shall verify  the information provided by the customer before providing the services, we shall hold the right to suspend or cancel the request in case of complications or any other reason the company fits in, the suspension or cancel of request needed shall be informed to the customer prior to the start of the service time which was requested by the customer.
                     ●  The company shall provide the service only if the customer signs the agreement and returns the same, non - compliance of the sign of agreement or the T & C shall not be encouraged by the company to provide the services to the customer at any time irrespective of limited or occasional circumstances which the company fits in.
                     ●  The company shall not permit any other services apart from the services mentioned in the website, in case of any manageable needs / requests or requirements claimed by the customer and if the company permits the claims, we shall   impose additional charges for the additional services provided by the companion.

(b) Of the customers:-
                     ●  The customer shall have all the rights to get clarifications or any needed information regarding the services or about the company before they sign up the agreement. And the company is obliged to provide such necessary information or reply to the Q & A raised by the customer.
                     ● The company shall provide the invoice/ initial fare/ total fare or any other additional charges before the commencement of the services to the customer.
                     ● The customer shall treat the companion with due respect and dignity and also provide a safe work environment thus the service provided is satisfactory. The company shall not entertain any misconduct, misuse, abuse or any such victimization of the companion. If so, the company shall terminate the services at any time and also sue or claim damages as the company fits in.
                     ● We strictly prohibit the customer to share any personal information or contact regarding the companion to any third party or any other agencies.
                     ● The customer must not be in a drunken state or be under the influence of any prohibited substances during the duration of the service. The customer shall not engage the companion in any illegal or any such activities which is prohibited by law. In case of violation, the consequences shall be faced by the customer and the companion thereof.
                     ● The customer / any third party relating to the customer / or any other person shall not be a hindrance or refuse access to the companion to provide service.
                     ● The customer can book the companions only through the company and not directly with the companions. The customer also shall not contact the companion directly after the fulfilment of the services. The company shall not permit or entertain any such activities performed by the customer.
                     ● The customer shall take all the necessary efforts to keep their belongings careful and the company shall not be liable for any loss or damage incurred on your personal or valuable belongings.
                     ● In case of grievances / feedback or any other comments regarding the company / companion/ website or the services that the customer feels to notify or communicate to the company shall contact the company’s contact address which has been mentioned in the website.
 

Privacy policy / Confidentiality:- 

                     Your privacy is important to us. We are committed to protect the privacy of all customers who avails our websites and services. Companion Technologies shall ensure every effort to protect the privacy and confidentiality of our customers and those individuals whose health and personal  information may be identified within data received by us for the purpose to provide our Services to you, to analyze and verify your background to provide you the service and to prepare the necessary precautions and charts, to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes, to send you important information regarding the Services, changes to our terms, conditions, policies and any other information additionally we shall use your personal information for our business purposes, such as data collection and analysis, developing new services, to enhance and improve our website and the company. Personal Health and personal Information about an individual collected and contained in the website will be protected in accordance with the requirements under the applicable privacy laws which prevails in present.  The Personal Information about the customers shall include name, age, gender, mobile number, email id, name of person filling of customer, mobile number of person filling the form, services requested, booking date and time, duration, gender preference of the companion, emergency contact, language preference, any medical conditions and any other information that is required for the companion to provide the services.  The personal information that we collect will be stored and shared only among the company as well as the companions who shall provide you the service and not with any third parties unless and until there is a need to share for purposes carried out by the government and its officials.
 

IPR & Trademark / Copyrights:-

                     Companion Technologies own all the intellectual property rights of the website, content and any other articles posted by the company. The contents listed on the Website are User generated content and belongs to Companion Technologies alone. The information that is collected by us is directly or indirectly from the customer shall belong to our company. Any third party who shall reproduce, copy, display, publish or use any of the information, contents contained in this website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Companion Technologies reserve all their rights to take action under applicable law accordingly.
 

Rates:-

                     The company shall charge fares for each service provided to the customer, the fares shall include the standard hourly rate, GST and other additional charges related to travel. The customer shall pay the charges of the invoice bill after booking the services which shall be (A) the advance amount paid before the start of the service and (b) the balance amount to be paid at the completion of the services. The procedure and instructions for the payment of the services shall be described hereunder, 
                     ●   The fees and payment of the services provided by the company is purely based on dynamic pricing. The price shall vary in accordance with the changes in the service qualities, supplementary services or any other additional services which is requested by the customer (e.g., services provided during peak hours, extension on services, emergency booking, location of the customer, transport charges, weekends and any public holidays). We shall notify the charges by the time the customer books the services. Any other additional charges or supplemental charges and the balance amount shall be paid by the customer at the completion of the services.
                     ●   Services provided on Republic Day, Independence Day and other festival days which shall include Diwali, Holi, Christmas, and New Year or any other Government holidays are charged at 1.5 times the standard hourly rate. Services provided in evening time after 8pm will be charged 1.5 times the standard hourly rate
                     ●   We will review and revise our prices / rates / charges from time to time and at least once a year. We shall also review our fees in response to any unexpected change in the law or any events which was not anticipated earlier.
                     ●   The customer shall get clarifications or request for an invoice if necessary before processing the payment.
                     ●   The company shall have all the rights to change the procedure, payment mode, rates and charges at any time if the company fits in. The notification regarding the changes shall be updated in the website as well.
 

Payment and Modes:-

                     ●   The company shall prescribe the payment to the customer at the time of booking the services and the customer shall not require to pay any charges before booking the services. The company shall raise an invoice bill at the time of booking the services as per the rates.
                     ●   All the descriptions of our services or benefits of services provided by Companion Technologies are bound to change with or without notice which is at the sole discretion of the company. We have explained the description of services provided and shall not be liable for any inaccurate or misleading descriptions as understood by the customer.
                     ●   We shall take all the due care to ensure accurate description of the Services and pricing information which is provided to the customer. However, it is specifically declared that we cannot confirm the price of the Services until you place an order to avail such Services.
                     ●   The customer shall pay an advance sum of 50% of the invoice bill raised by the company before the service shall starts. The customer shall get the needed information from us regarding the invoice at the time of payment.
                     ●   The customer shall prefer to pay any payment through any online or offline methods such as cash (in Rupees and not as any other form of currency), Net Banking payment, UPI payment and we shall not accept any Bank debit or credit Card payment mode. The customer shall be absolutely liable for the payment. The company shall not be liable if there occurs any transactional, decline of payment or any other technical and non-technical issues.
                     ●    The customer shall be charged for the complete duration of the time mentioned during booking the services even if the customer asks the companion to leave early which is before the end of the booking time.
                     ●   The customer will be charged for any additional hours at the standard hourly rate for any extension of services beyond 15 mins.
                     ●   The charges are based on hourly basis which shall also vary from time to time depending upon the availability of the companion, weekdays or weekends or any other occasional days.
                     ●   The balance amount of the invoice and any additional, supplemental charges has to be settled within 15 days from the time of completion of the services.
                     ●   The company shall possess all the rights to claim the total charges from the customer if the charges are in due. The company shall initiate legal proceedings against the customer if at all the total amount due is not settled within 3 months from the date of completion of the service
                     ●   The company shall impose a penalty of 10% per month of the total amount of the service if the customer fails to settle the outstanding charges in 30 days from the date of completion of service.
                     ●   The customer shall absolutely pay 100% of the invoice amount even though the customer feels dissatisfied with the service provided by the company.
                     ●   The company shall not entertain any excuse, waiver, negotiation or discount in the charges of the services at any time.
 

Cancellation Policy:-

                     ●   The customer shall have all rights to cancel the services at any time irrespective of the fare which shall be charged by the company for the service booked by the customer. The charges shall be notified to the customer while the service been cancelled by them.
                     ●   The customer shall notify or communicate about the cancellation to the company via. Phone, WhatsApp, email or in person.
                     ●   Advance fare shall be returned only if the cancellation is agreed by the customer and the company atleast 2 hours prior to the start time of the services.
                     ●   Advance fare shall not be returned if the cancellation is within 2 hours before the start time of the service.
                     ●   The company shall charge Rs. 200 as cancellation fee if the services are canceled within 2 hrs before the start time of the service.
                     ●   The company shall return any balance due amount if the advance fee paid is greater than the cancellation fee to the customer in six working days in the case of any cancellation by the customer.
 

Termination / Suspension:-

                     We shall verify the information provided by the customer before providing the services, we shall hold the right to suspend or cancel the request in case of complications or any other reason the company fits in, the suspension or cancel of request shall be informed to the customer prior to the start of the service time which was requested by the customer.
                     ●   We shall have all the right to terminate or suspend the service in case the customer breaches the agreement or any clause that has been mentioned in the T & C or any other complicated circumstances that the company feels to avoid providing the services. The same termination shall be notified to the customer on time.
                     ●   The company shall terminate the service if there is an intervention or issues raised by any third party on behalf of the customer during the course of completion of the services. The customer has to pay the total amount of the invoice during such terminations.
                     ●   In case of any grief or damage or any other misconduct arises against the companion, the company shall terminate the service and the agreement and also has all the rights to sue and claim damages against the customer if the company fits in.
 

Force Majeure:-

                     Companion Technologies shall not be liable for any delay or failure in performance due to acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, strikes, sabotage, embargo, epidemics, pandemics, acts or omissions of companions or fellow workers, transportation difficulties, unavailability or interruptions or delay in telecommunications or by any third parties. We are not responsible for server downtime or cyber attacks at any time or any other unavoidable circumstances which are not included hereunder in the clause.
 

No Waiver:-

                     No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Companion Technologies. No delay or omission on the part of the company or our service providers, in exercising any rights or remedies or any other rights or remedies. Any consent by Companion Technologies to, or a waiver by Companion Technologies of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
 

Grievance / Feedback / Comments:- 

                     If a User has any questions, grievance or comments concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to operations@companions.in. 
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance / feedback with respect to the Website or the Service, including any discrepancies and grievances or feedback with respect to processing of information, you can contact our Office Address:-

COMPANION TECHNOLOGIES PRIVATE LIMITED,
PLOT NO.79,  NORTH 4TH CROSS STREET, KABALISWARARNAGAR, NEELANGARAI, CHENNAI, 600041.
Email: operations@companions.in.

In the event you suffer as a result of access or usage of our Website by any person in violation, please address your grievance / feedback to the above mentioned address.
 

Governing Laws and Provisions:-

                     The interpretation of this agreement and the resolution of any disputes arising under these terms of use shall be governed by the laws of India. Subject to the agreement and services or website, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
 

Severability:-

                     “If a provision of this Agreement is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other provision of this Agreement, or (2) the enforceability or validity in other jurisdictions of that or any other provision of this Agreement.”
 

Dispute resolution / Settlement / Miscellaneous:-

                     The company, agreement, website and the services are subjected to the laws of India. Any dispute, claim or controversy arising out of the above mentioned issues or claims or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or any other dispute, the parties shall attempt to settle the same amicably, through negotiation of Companion Technologies as we may designate the appropriate council for it. In the event the dispute is not resolved internally between the parties after at least in 2 months of negotiation, the dispute or issue shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by us. The place of the arbitration shall be in Chennai unless otherwise mutually agreed by Companion Technologies and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in India.
 

Changes/Modifications in T&C Time to Time:-

                     Companion Technologies reserves  all the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict Your use to all or any feature of the Service or website at any time. This right includes but is not limited to the right to discontinue for perpetuity or any limited period the availability of the website, and of any products and services offered on its website.  We reserve the right, but have no obligation, to monitor the materials posted on Companion Technologies website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Agreement. Companion Technologies shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. It shall be Your responsibility to check these User Terms periodically for changes. The date and time of modification on the website and the agreement shall be notified in the website as well as the agreement. Your continued use of the Service and website constitutes acceptance of the changes and an Agreement to be bound by User Term, as amended. 
 

Applicability of the Standard Policies:-

                     Companion Technologies Terms and conditions herein are required to be read in conjunction and addition with the applicable user terms under the Standard Policies. In case of any inconsistency or changes between Companion Technologies Terms and the Standard Policies or the agreement, the Terms will prevail to the extent of the inconsistency and the changes made.
 

Contact Approval:-

                     You authorize Companion Technologies to call, send SMS and email on the contact number and email ID (made available by you on our Site / Application) and offer you information and services for the Services you have opted for. You authorize us to call, SMS or email You for the mentioned purpose, irrespective of whether you registered in the website or currently holding any services. We may from time to time send by e-mail or otherwise, information relating to products and services offered by its members, general information related to services, offers, recruitment, etc.