Terms & Conditions · Midnight Mitra

1. Intermediary Status & Liability Disclaimer

1.1 Intermediary Status: MidNight Mitra (operated under 'CorporateHearts', hereinafter referred to as the "Company/Platform") operates strictly as an electronic marketplace platform and digital intermediary under Section 79 of the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020.

1.2 Independent Contractors: All service providers/partners listed on the platform are independent third-party contractors. Under no circumstances shall they be deemed employees, partners, joint venturers, or direct agents of MidNight Mitra.

1.3 Disclaimers: MidNight Mitra conducts basic identity verification for platform security, but accepts zero (0) legal or financial liability regarding the personal character, conduct, behavior, or quality of service provided by users or service providers. All bookings are undertaken at the sole personal risk of the customer and the service provider.

2. Voluntary Opt-In, Free Consent, Age Eligibility & Mandatory Terms Acceptance

2.1 Voluntary Sign-Up: Prior to registering, creating an account, making a booking, or rendering services on the Platform, both the Customer and the Service Provider/Vendor are required to carefully read and understand these Terms & Conditions.

2.2 No Coercion/Compulsion: MidNight Mitra does not compel, force, or induce any individual (customer or service provider) to join the platform or to consume/render services. You must sign up or register only if you fully agree with all the platform terms, disclaimers, and policies, and wish to join voluntarily.

2.3 Non-Acceptance of Terms: If any part, term, or clause of these Terms & Conditions is unacceptable to you, please do not use the app or website and immediately exit the platform.

2.4 Digital Consent & Bar on Future Claims: By ticking "I Agree" or completing the sign-up process, the user provides explicit legal confirmation that they have read, understood, and consented to all terms voluntarily without any pressure or coercion. Any future claim asserting "ignorance" or "coercion" shall be legally null and void.

2.5 Mandatory Age Eligibility (18+ Minimum Age Requirement): In accordance with Section 11 of the Indian Contract Act, 1872, only individuals who have attained the age of majority (18 years or older) and are legally competent to enter into a binding contract are permitted to register, create an account, request bookings, or render services on the Platform. Minors (individuals under 18 years of age) are strictly prohibited from using or accessing the Platform. Any account registered by or found to belong to a minor shall be subject to immediate termination, and any contract executed by a minor shall be deemed void ab initio.

3. Municipal Permits, Health Regulations & Verification Repository

3.1 Commercial Licenses & Permits: Every service provider/vendor warrants and guarantees that they possess all required valid permits, licenses, and registrations from local municipal bodies, health departments, or other relevant statutory authorities.

3.2 Police Verification Repository: Service providers submit their police background verification to the platform. MidNight Mitra acts solely as a digital repository (data collector) and assumes no liability for fraudulent, incorrect, or forged documents submitted by any user.

4. Pricing, Cancellation, Transit Allowance & Auto-Deduction Matrix

Funds required to secure a booking are placed on a temporary wallet hold. The following deduction and refund terms apply based on cancellation or service fulfillment conditions: Booking Event Condition Deduction / Refund Terms Legal Justification / Reason Customer No-Show Customer fails to respond within 15 minutes after the service provider arrives at the designated geofenced location. Deduction up to 50% from wallet hold amount plus actual transit expenses. Compensates the service provider for transit, fuel, time loss, and opportunity cost. Transit Cancellation Customer cancels the booking after the service provider has initiated travel. Deduction of 20% to 30% from the held amount plus incurred travel charges. Covers real-time GPS data costs, platform booking overheads, and transit loss incurred by the provider. Booking Event Condition Deduction / Refund Terms Legal Justification / Reason Service Failure Service fails to be rendered due to fault, non-appearance, or breach by the service provider. 100% full refund to the customer. Ensures consumer protection rights against unfulfilled services. OTP Expiry Verification OTP or booking confirmation timer expires without confirmation. Auto-deducted & non-refundable. Compensates for system booking hold expiry and platform server resources.

4.1 Service Provider Travel & Commute Reimbursement: Actual travel and commute expenses incurred by the service provider to reach the customer's designated location (including via Rapido, Uber, Ola, auto-rickshaw, or personal conveyance fuel) shall be transparently added to the total booking bill or final payout. In events of transit cancellation or customer no-show, such accrued travel charges shall be deducted from the customer's wallet hold to reimburse the service provider.

5. Night KYC & Emergency SOS Security Protocol

5.1 Night KYC Window (8:00 PM to 6:00 AM): In strict compliance with the Digital Personal Data Protection (DPDP) Act 2023 and safety protocols, every user initiating or completing a booking between 8:00 PM and 6:00 AM must undergo mandatory Night KYC verification. This requires real-time (live 3-second) selfie verification along with uploading a government-approved photo ID (Aadhaar, Voter ID, Driving License, or Passport). Bookings will not proceed without completing this verification.

5.2 Emergency 112 Escalation: The platform integrates a safety SOS button during active booking sessions. Upon triggering the SOS, MidNight Mitra holds explicit legal authorization to automatically share live GPS location and identity records with emergency services (112 / Police) and registered emergency contacts.

6. Brokerage Fee Model, Fixed Commission Structure, Direct Payout, GST & TDS Compliance

6.1 Platform Brokerage & Fixed Commission Acceptance: MidNight Mitra operates on a pure digital matchmaking/brokering model. The Platform does not charge any direct service fees from customers. The Company charges a fixed brokerage/platform commission fee strictly from the Service Provider for providing digital marketplace access and customer lead generation. The commission structure (percentage or fixed per-job rate) shall be transparently displayed to the Service Provider prior to onboarding and booking acceptance. Service Providers must explicitly agree to the Platform's commission terms before rendering services. If a Service Provider disagrees with the prescribed brokerage fee, they must refrain from accepting bookings or immediately exit the Platform.

6.2 Digital Click-Wrap Consent & Explicit Rate Acceptance: Service Providers shall be required to grant explicit digital consent (via click-wrap agreement or checkbox) verifying acceptance of the applicable commission rate structure upon onboarding and prior to accepting any dispatch order. Any subsequent claim regarding unnotified or unauthorized commission deductions shall be legally barred.

6.3 Transparent Digital Payout Summary: Following the completion of each booking, the Platform shall generate a digital settlement summary available in the Service Provider's wallet account, itemizing: (i) gross customer payment, (ii) Platform brokerage commission, (iii) statutory TDS/GST withholdings, and (iv) net payable disbursement amount.

6.4 Revision of Commission Policy: The Company reserves the right to modify or adjust its platform brokerage commission rates from time to time. Service Providers shall receive digital notification at least seven (7) days prior to the effective date of any commission rate revision. Continued usage of the Platform following the notice period shall constitute binding acceptance of revised terms.

6.5 Direct Payout Mechanism: The primary service fee paid by the customer via the platform payment gateway shall be deemed a direct payment to the Service Provider (Vendor). Customers are explicitly informed that the core service fee belongs to the service provider, not the company. MidNight Mitra acts solely as a technical collection and settlement intermediary.

6.6 Company Deductions (Commission, GST & TDS): From the total payment received, MidNight Mitra shall deduct only its prescribed platform commission/convenience fee, applicable GST, and mandatory 1% TDS under Section 194-O of the Income Tax Act, 1961. The net remaining amount shall be directly transferred to the service provider's bank account or wallet. Tax invoices will be issued per applicable tax regulations.

7. Health, Pre-Existing Condition Disclosure & Medical Liability Waiver

7.1 Zero Liability of the Company: MidNight Mitra is strictly a technical platform. The company holds zero (0) legal or financial liability for any physical discomfort, illness, allergic reaction, medical complication, or health emergency arising during or after the service.

7.2 Mandatory Health Disclosure & Protection for Service Providers: Customers availing wellness or personal care services must disclose any pre-existing medical conditions, illnesses, or allergies prior to commencement of the service. Since service providers have no knowledge of a customer's internal health status, if a customer avails service while concealing a pre-existing medical condition, or suffers a health decline during/after service, the customer assumes full personal responsibility. The Service Provider shall remain entirely immune and free from any legal liability, claim, FIR, or compensation (Zero Liability).

8. Property Safety, Theft & Zero-Insurance Waiver

8.1 Property Safety: While requesting services at private premises, residences, or hotels, customers are solely responsible for securing their personal property, cash, jewelry, and valuables. Neither the company nor the service provider shall carry legal liability for alleged property damage, loss, or theft.

8.2 Zero Insurance Waiver: All services are provided on an 'As-Is' and 'As-Available' basis. MidNight Mitra provides no health, life, or personal accident insurance coverage to customers during service delivery.

9. Indemnity, User Conduct & Protection against Statutory Fines

9.1 Misconduct & Criminal Prosecution: Any unauthorized photography, theft, fraudulent health declaration, or violation under Section 66E of the IT Act (Privacy Violation) shall render the offending user solely and personally liable for criminal prosecution.

9.2 Indemnity & Recovery of Statutory Fines: Users/customers are solely liable for any breach of local municipal, health, police, or statutory laws. If MidNight Mitra is subjected to any fine, penalty, statutory notice, or legal expenses by any government authority, police, or court due to a user's misconduct or rule violation, the defaulting user is legally bound to indemnify and reimburse 100% of the fine, legal costs, and attorney fees to the Company. The company reserves the right to freeze wallet balances and initiate legal recovery proceedings.

10. Dispute Resolution, Severability, Governing Law & Jurisdiction

10.1 Mandatory Pre-Litigation Mediation & Arbitration: Before initiating any formal legal proceeding, complaint, or court claim, the aggrieved party agrees to attempt in good faith to resolve any dispute through a 30-day mandatory informal mediation process. If unresolved, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator appointed mutually by the Company.

10.2 Severability Clause: If any provision, clause, or part of These Terms & Conditions is found to be unlawful, invalid, or unenforceable under applicable laws by a court of competent jurisdiction, such unenforceability shall attach only to such provision and shall not affect the validity, enforceability, or operation of the remaining provisions of this agreement, which shall remain in full force and effect.

10.3 Governing Law & Exclusive Jurisdiction: This agreement and its terms shall be governed by and construed in accordance with the laws of India. Any legal dispute, claim, proceeding, notice, or FIR arising out of or in connection with the platform, services, payments, or terms shall be subject to the exclusive jurisdiction of competent courts situated strictly at Lucknow, Uttar Pradesh, India.