Acceptance of Terms and General Conditions
By accepting the Agreement as a Service User, you represent, acknowledge and agree that you are at least 18 (eighteen) years of age and otherwise competent to contract. In the case of a minor Service User, i.e. who has not yet attained the age of 18 (eighteen) years, you confirm that you are accepting the Agreement, as the guardian or parent of the minor. It shall be your responsibility as the parent/guardian to ensure that the Service User is made aware of these the Agreement and adheres to the same. Atypical disclaims any liability arising made by, arising from or in relation to the minority of a Service User. In such cases, any reference to “Service User” shall include his/her parent or guardian, as the case may be.
In the event the Service User is a company, LLP, partnership firm, (registered or unregistered), trust (private or public) or any other legal entity, you confirm that you are accepting the Agreement, with due authorisation of such entity. Atypical disclaims any liability arising made by, arising from or in relation to unauthorised use of the Website purportedly on behalf of a company, LLP, partnership firm, (registered or unregistered), trust (private or public) or any other legal entity. In such cases, any reference to “Service User” shall include the authorised representative using the Website.
All references to "you" or "your" as applicable shall mean the Service User that accesses, uses, and/or participates in the Website in any manner, and references to “we” shall mean Atypical.
Atypical reserves the right, in its sole discretion, to change, modify, or otherwise amend the Agreement for complying with legal and regulatory framework and for other business purposes, at any time, without notice or explanation. It is your responsibility to review the Agreement on the website for any changes and you are encouraged to check the Agreement frequently. Your use of the Website following any amendment of the Agreement will signify your assent to and acceptance of any revised terms of the Agreement. If you do not agree to abide by these or any future terms of the Agreement, please do not use or access the Website.
Your access to, use of, and participation in the Website is subject to the Agreement, including all applicable regulations, guidelines and additional policies that Atypical may set forth from time to time, including without limitation, any disclaimer, accessibility statement, copyright policy and any other restrictions or limitations that Atypical publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of the Agreement, Atypical, in its sole discretion, may terminate your use of the Website at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
Provision of Information
In order to be a Service User and avail the Services of any Service Professional, you are required to provide certain information, including [a] name; [b] email address, [c] mobile number [d] details of the Services required [e] date and time of Service and [f] other personal information, including financial information. You may also create an account on the Website by providing the information sought, including [a] name; [b] email address, [c] mobile number [d] other personal information, including financial and banking information. You hereby acknowledge that the information provided by you may be used by Atypical for the purpose of sending promotional messages, emails, updates, advertising, data collection and analysis, and for any other purpose in connection with the Website and Services.
Atypical may conduct a background check to verify the information submitted by you, to the best of its ability. You consent to Atypical calling for, obtaining, collecting, collating, storing, accessing and using your personal information for all purposes relevant to the Agreement or your use of the Website.
By creating an account as a Service User, you represent, acknowledge and agree that you are at least 18 (eighteen) years of age and otherwise competent to contract (or in the case of a minor Service User that you are accepting the Agreement, as the guardian or parent of the minor or in the case of any separate legal entity including but not limited to a company, LLP, partnership firm, trust- that you are an authorised representative of the entity, as may be applicable) and that:
all information that you submit is truthful and accurate;
it is your responsibility to promptly inform us, by emailing us at firstname.lastname@example.org of any change in the aforesaid information;
you will maintain the accuracy of such information; and
your use of the Website and the Services offered through this Website do not violate any applicable law or regulation.
Your use of the Website and Services may be terminated without warning if we are informed or at our discretion, believe that (i) you are under the age of 18 (eighteen) and have not been represented by a guardian or a parent, or (ii) that you have misrepresented yourself as the parent/guardian of a minor Service User or (iii) in case of a separate legal entity that you are not complying with any applicable laws, rules or regulations, or (iv) that you have misrepresented yourself as an authorised representative of a legal entity. We may suspend and/or terminate your use of the Website should we have reason to believe that the information provided is incomplete and/or false and/or an impersonation of any nature whatsoever.
When you make a booking request or receive a booking confirmation through the Website or directly by the Service Professional, you are entering into a contract directly with the Service Professional. Any terms or conditions that you include in any supplement contract/discussion with Service Professional must: (i) be consistent with the Agreement and (ii) be disclosed to Atypical. Atypical may also get in touch with you if it wants to facilitate a request by a corporate or an individual
Fee and Booking Terms
Each Service Professional includes his/her Service Fee (“Fee”) in their respective listing. You are required to mutually decide the terms and conditions of the booking with the Service Professional, including the time and manner of the booking, Fee, conveyance costs, if any, schedule of payment of the Fee, scope and duration of the Services, etc. Atypical shall not be responsible in any manner for the non-compliance by either the Service Professional or the Service User of the terms and conditions of the Booking. For any requests facilitated by Atypical it would communicate the necessary terms via e-mail
The Fee shall be payable directly by you to the Service Professional, in such manner as may be mutually decided. In cases where Atypical is facilitating a request it would transfer the proceeds after deducting the necessary commissions.
Atypical does not claim any liability for delay, cancellations or refusal/failure/neglect of the Service Professional to perform the Services.
At the time of booking, Service Users are granted the option to make a voluntary donation to Atypical. It is clarified that such donation amounts are payable to Atypical directly and the Service Professional shall not have any right or entitlement whatsoever in the same.
Compliance with Applicable Laws
You are responsible for understanding and complying with any laws, rules, regulations, notifications by the Central and State Government and contracts with third parties that apply to your use of the Website and Services.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in accessing the Services. In the event you avail of the Services along with one or more persons, you shall be responsible for ensuring that such persons adhere to the terms of the booking and the Agreement.
You acknowledge that by cancelling a booking of a Service, you are causing loss/damage to the Service Professional. If you cancel a booking, the amount of penalty payable to the Service Professional is listed below-
Within 30 days of the booking date- No penalty payable.
Within 7-30 days of the booking date 25% of the total Fee payable.
Within 2-7 days of the booking date 40 % of the total Fee payable.
Within 0-2 days of the booking date 45 % of the total Fee payable.
The penalty shall be payable to the Service Professional within 15 days of the cancellation of the booking.
If a booking is cancelled by the Service Professional-
Atypical shall endeavour to provide an alternate Service Professional, performing similar Services. However, Atypical does not guarantee the same.
In the event the alternate Service Professional is accepted by you, you shall be liable to pay a revised fee, based on the fee chargeable by such alternate Service Professional and on such terms and conditions as agreed between yourself and the Service Professional
Atypical is not liable in any manner for any loss or damage suffered by you as a result of such cancellation by a Service Professional.
You are responsible for payment of any applicable G.S.T. or indirect taxes on the Fee paid to the Service Professional. In cases where Atypical has facilitated a request, We would pay the applicable GST
Atypical is not liable in any manner for the discharge of your obligations in respect of payment of Taxes. You understand that Atypical is acting solely as an intermediary/aggregator between a Service User and a Service Professional.
Bookings Through Atypical
In certain circumstances, Services Users may request Atypical to organise an event, using the Services of the Service Professionals. In such case, Atypical shall be responsible for the organising and curating of such event. The terms and conditions of the event including the time and manner of the booking, Fee, conveyance costs, if any, schedule of payment of the fee, scope and duration of the Services, etc. shall be mutually decided by the parties, in such manner as communicated by Atypical to the Service User. However, all other terms pertaining to the limited liability and indemnification of Atypical in respect of any act or omission by the Service Professionals as well as in respect of cancellations, intellectual property, use of the website, confidentiality and all other applicable terms, shall continue to apply to and bind the Service User.
For such events, Atypical shall charge a lump sum fee, which shall include its own charges as well as the Fee of the Service Professionals involved and other incidental expenses including but not limited to travel and accommodation. In such cases, no amounts shall be paid directly by the Service User to the Service Professional.
Atypical shall not be responsible in any manner for the quality of Services provided by the Service Professionals. In the event of cancellation by one or more Service Professionals, Atypical reserves the right to hire another Service Professional in his/her place, for performing similar Services, in its sole discretion and without consultation with the Service User.
Atypical shall endeavour to facilitate the smooth operation of the event through the means that may be available (including through audio visual platforms) but shall not be responsible in any manner for the non-compliance by either the Service Professional or the Service User of the terms and conditions of the Booking/Event or in the event of any technical glitch by virtue of which Atypical is unable to organise the event for the Service User.
If a booking facilitated by Atypical is cancelled on account of technological reasons, Atypical shall endeavour to provide an alternate date that is mutually convenient to Atypical, the concerned Service Professional and you. However, Atypical does not guarantee the same.
Conduct of Service User
provide complete and accurate information, particulars and credentials about yourself on the Website and to the Service Professionals.
ensure payment of the Fee, along with applicable taxes, to the Service Professionals in a timely manner, as per the schedule agreed to.
provide to the Service Professional all such facilities/services as requested in advance by the Service Professional, and expressly agreed to by you, including but not limited to transport, accommodation, food and beverages, etc.
interact with the Service Professionals in an empathetic, proper and orderly manner.
not cause any harm, physical or otherwise to the Service Professionals in any manner whatsoever.
maintain and protect the confidentiality of information shared by the Service Professional, including their personal details.
You shall not-
post content or information on the Website that are false, inaccurate, misleading, defamatory, or libellous in any manner.
violate any laws, third-party rights, or provisions of the Agreement.
fail or refuse or neglect to pay the Fee, along with applicable taxes, to the Service Professional, save and except if the Service Professional fails to materially meet the mutually agreed terms for the Services, or refuses to provide the same.
post false, misleading, inaccurate reviews and comments on the listings of Service Users on the Website and/or any social media platform.
object to any Service Professional being accompanied by a parent, guardian, caretaker, nurse, or any other personnel during the provision of the Services.
raise any objection to the Service Professional or Atypical uploading information, videos, photographs and other content related to the event/performance of Services on social media platforms, websites, blog, pamphlets, brochures, newsletters and other advertising or publicity material.
take any action that may undermine or cause disrepute to Atypical and/or the Service Professional in any manner whatsoever.
commit any offence punishable under the Indian Penal Code, 1860 or any other law for the time being in force, in relation to the Service Professional or at any time during or in connection with the provision of the Services.
act in collusion and/or in connivance with any other Service User(s)/Service Professionals for any purpose that is illegal, unlawful, fraudulent or otherwise in breach of the Agreement.
In any of the circumstances mentioned in the Clause above, Atypical reserves its right to take any action, including termination of the Service User’s use of the Website and any legal action, as may be advised.
Use of Website
Atypical permits a limited access to the Website and does not permit you to download and/or modify the entire Website and/ or any portion of it. The access does not include any resale or commercial use of this Website or its contents; any collection and use of any products, features, descriptions, colors, designs and/or any derivative use of this Website or its contents; any downloading or copying of account information or any use of data mining, robots, or similar data gathering and extraction tools. You specifically agree that you shall not reproduce, duplicate, copy, sell, resell, visit, and/or otherwise exploit for any commercial purpose any of the contents on the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website and/or Atypical. You may not use any meta tags or any other "hidden text" utilizing the Website’s name or Atypical’s name. We reserve the right to terminate your use of the Website forthwith in the event you use the aforementioned information in an unauthorized manner.
Subject to your compliance with the terms of this Agreement, we hereby grant you permission to use the Website provided that your use as permitted is solely for your personal use/use of the minor or entity you represent, and you are not permitted to resell or charge others for use of or access, or in any other manner inconsistent with the Agreement.
You shall not use the Website to display, upload, modify, publish, transmit,
store, update or share any information that-
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, pedophilic, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonates another person;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
The Website may now or in the future permit the submission of content or other information and communications by you and other users, including by way of ratings, reviews, customer feedback, photographs, videos, etc. (“Submitted Content”).
You agree that any Submitted Content provided by you is provided on a non-proprietary and non-confidential basis. You agree that Atypical shall be free to use or disseminate such Submitted Content on an unrestricted basis for the purpose of providing the Services.
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Atypical to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and the Agreement; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and the Agreement.
Atypical reserves the right to remove/disable/deactivate/takedown your Submitted Content from the Website for any reason whatsoever and without notice to you.
The provisions of this Clause will survive termination of the Agreement and/or your use of the Website.
Modification or Cessation of Website
Atypical reserves the right at any time, and from time to time, to modify or suspend or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Atypical shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You hereby acknowledge and agree that Atypical, in its sole and absolute discretion, has the right to delete, terminate, or deactivate your use of the Website, block your email or IP address, or otherwise terminate your access to or participation in the use of the Website (or any part thereof) ("Termination "), immediately and without notice, for any reason, including without limitation, any violation of the Agreement.
You may cancel your use of the Website and/or terminate the Agreement with or without cause at any time by following the instructions contained therein.
Effect of Termination
Upon Termination, your right to participate in the Website, including, but not limited to, your access to and right to avail Services, shall stand terminated.
Upon Termination, your previous reviews/comments/ratings may be taken down/ disabled from the Website.
You shall promptly destroy all copies of Atypical Data (as defined below), Marks (as defined below) and other content in your possession or control within 7 days of the date of termination, and shall notify Atypical in writing about such destruction.
Upon Termination of Service, Atypical retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Atypical hereunder shall remain in effect for the foregoing purpose.
You agree to indemnify and hold harmless Atypical, and its officers, trustees, managers, directors, members, agents and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination.
You irrevocably, unconditionally agree and acknowledge that you shall use Website at your sole risk as to costs and consequences and Atypical, its officers, trustees, managers, directors, members, agents and employees disclaim all warranties, express or implied, in connection with the Services and your use thereof. Atypical makes no warranties or representations about the accuracy or completeness of information provided by the Service Professionals and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
Events held through Electronic means:
In the event of an event held by electronic means which involves Atypical’s participation as per Clause 7 above, we shall use our reasonable endeavours to ensure that the safety aspects relating to the audio - visual software / platforms are taken care of. However, because the electronic transmission of information cannot be guaranteed to be secure or error-free and its confidentiality may be vulnerable to access by unauthorised third parties, we shall have no responsibility or liability to you on any basis arising from or in connection with use of such audio visual software / platform / system.
You understand and agree that any kind of recording and / or taking screenshots (including from any other device and / or software, in addition to the one in use for the audio – visual meeting itself) of the audio – visual meetings, conferences, or parts thereof, shall not be permitted (unless we expressly agree to the same otherwise on specific instances).
Atypical reserves its right to record the event and use the same for putting it up on its Website and/or other social media platforms. Acceptance of the Agreement shall be construed as your having given a consent for the use of the same.
Intellectual Property Rights
The content on the Website including without limitation, the text, functionality, software, scripts, graphics, photos, sounds, music, videos, interactive features, concepts, ideas, and the like ("Data") and the trademarks, service marks, word marks and logos contained therein ("Marks"), are owned by Atypical.
Atypical reserves all rights not expressly granted in and to the Website, Marks and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
The Website contains Atypical's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Atypical owns and retains all rights in the same.
The Website may also contain data of other users of the Website, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell in any manner whatsoever. In any event, Atypical shall not be liable in any manner for your use or misuse of the data of third party users of the Website.
However, Service Users may, subject to permission and approval from Atypical, publish on their website, social media or other publicity and advertising materials, details, photographs, videos, audio clips of the Services provided by the Service Professionals or the events organised by Atypical.
The provisions of this Clause will survive termination of the Agreement and/or your use of the Website.
Atypical Not a Party
You hereby acknowledge and agree that Atypical is not a party to any oral or written agreement entered into between the Service Professional and Service User in connection with any Service offered, directly or indirectly, through the Website, save and except in the circumstances mentioned in Clause 7 above. You acknowledge, agree and understand that Atypical only seeks to provide a platform wherein the Service Professional and Service User can be brought together and Atypical itself has not role in the execution or provision of Services or the transaction thereof.
You understand that deciding whether to avail of Services through the Website from a Service Professional, is your sole discretion and decision, for which Atypical is not responsible. You understand that Atypical does not warrant and cannot make representations as to the suitability of any person you may decide to interact with on or through the Website and/or the accuracy or suitability of any information shared. Your interactions with Service Professionals and other persons on or through the Website, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and Service User. You should take reasonable precautions and make necessary investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with such Service User.
Notwithstanding the foregoing, you agree that since Atypical is a mere aggregator, it shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any transaction or dealings through the Website. If there is a dispute between the Service Professional and Service User in relation to the Services, you acknowledge and agree that Atypical is under no obligation to become involved and shall be excluded from any legal proceedings in this behalf. You hereby release Atypical, its officers, trustees, managers, directors, members, agents and employees in rights from any claims, demands, and damages of whatsoever kind or nature, known or unknown, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes.
No Agency or Partnership
No agency, partnership, joint venture, or employment is created as a result of the Agreement or your use of any part of the Website. You do not have any authority whatsoever to bind Atypical in any respect. Neither Atypical nor the Service Users may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Neither Atypical nor you shall be liable to the other for any delay or failure in performance under the Agreement, arising out of events of force majeure including but not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, pandemics, epidemics, government orders, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Indemnification and Release
You hereby agree to defend, indemnify and hold harmless Atypical, and its officers, trustees, managers, directors, members, agents and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the Website; your violation of any provision of the Agreement, your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right, or any claim that your Submitted Content caused damage to a third party. This indemnification obligation will survive termination of the Agreement and your use of the Website.
If you have a dispute with one or more website users (whether Service Professional, Service User, visitors or otherwise), you forever release Atypical (and its officers, trustees, managers, directors, members, agents and employees) from any and all claims, demands and damages of whatsoever kind and nature, known and unknown, arising out of or in any way connected with your use of the Website and/or any Submitted Content.
The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atypical without restriction.
Any notice or other communication required to be sent under the Agreement shall be sent or delivered to the receiving Party by email, registered post or by hand delivery.
Governing Law and Jurisdiction
The Agreement and the rights and obligations hereunder shall be construed in accordance with and be governed by the laws of India. Subject to the Dispute Resolution clause below, the courts in Jamshedpur, Jharkhand shall have exclusive jurisdiction.
In the event that a dispute arises out of or in connection with the validity, interpretation or implementation of the Agreement, the parties shall attempt in the first instance to resolve such dispute through mutual discussion and negotiation, in good faith.
If the dispute is not resolved in the aforesaid manner, the dispute shall be referred to arbitration under with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Jamshedpur, Jharkhand, India.
The language to be used in the arbitration shall be English and all the pleadings and proceedings and the award in the arbitration shall be in English.
No delay or omission by Atypical to exercise any right or power it has under the Agreement shall impair or be construed as a waiver of such right or power. A waiver by Atypical of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant.
If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.