Term Conditions
BUSINESS RELATIONSHIP
(company name), registered under the Companies Act of 2013, offers comprehensive auto services, such as maintenance and repair, under the registered name "(website name)". These terms and conditions ("Terms") govern the use and access of our website www. (website name).in and our mobile applications and any products or services in connection with the Application or Website ("Services"). The "Platform" is the collective name for the Website and Applications.
These terms govern your use of the Platform to browse and access the Services offered by (website name) ("Company/we/us/our"). They are a legally binding and enforceable agreement between the Company and its Users ("User/you/your"). You agree to be bound by these terms by accessing and using our Services, which creates a binding contract between you and the Company. If you disagree with the terms, you must discontinue using or gaining access to our services. Prior written agreements with you are expressly superseded by these Terms. The Company requires that the User carefully read these terms and conditions ("Terms and Conditions" or "Terms") before accessing the Platform or using the Platform to avail of Services (as defined below).
The Company reserves the right to alter, modify, or amend the Terms at any time and will post the revised Terms in the domain of (website name) to comply with applicable laws or regulations and for other lawful business purposes. You are urged to periodically check the Terms because you must evaluate them for any modifications.
DEFINITIONS
Reviews, photographs, photos, audio, video, location information, neighbouring locations, and other types of information or data are all referred to as "content" but are not exclusively so. "(website name) Content" refers to materials the Company creates and makes available in connection with the Services, such as visual interfaces, interactive features, games, and messages. "Your Content" or "User Content" refers to materials that you upload, share, or transmit through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.
SERVICES
The Company's Platform, made available as part of the Services, is a technology platform that enables Users of the Company's Platform to plan and schedule repair or maintenance services for their car with independent third-party providers. After submitting your request, we might offer you a list of potential service providers and details about their backgrounds.
You agree that all of the services above are carried out by independent third parties who are not company employees and that the company does not offer any repair or maintenance services to its clients.
ELIGIBILITY
You, at this moment, represent and warrant that you are at least eighteen (18) years old, have the mental capacity and ability to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these terms, and are fully able and competent to abide by and comply with the terms stated therein.
When you access and use the Services, you abide by all applicable laws and regulations in the country in which you reside. You acknowledge that you may only use the Services in a way that complies with these Terms, all relevant laws, and neither our legal rights nor the legal rights of any third parties.
You accept these Terms on behalf of any organization you will be using the Services and warrant that you are authorized to do so by utilizing the Services on that organization's behalf.
SERVICES USED
You must first register for an account to utilize some of the Platform's features. Using any personal information, you give us while creating an account is controlled by our Privacy Policy, which is posted on our app or website. You are solely responsible for protecting the privacy and security of your account information, all alterations and updates made through your account, and all activity related to your account. It would help if you kept your password secure.
We will make some Services free for you when you join up. As a result of your use of the Platform, you can post feedback and ratings regarding any service provider you have used. The Services will also include the following:
The ability to search for service providers for automotive repair or servicing work.
The ability to view detailed profiles of service providers and their service prices and rating information.
The ability to view detailed profiles of service providers.
We reserve the right to add, modify, or remove Services from our Platform anytime. We may also decide to charge for some Services at our sole discretion. You must only schedule a Service if you need the work described to be done. To post feedback about a service provider, you must have used their services due to using the Platform.
USAGE OF THE PLATFORM IS PROHIBITED
Users are forbidden from engaging in any illegal activity on the Platform, including, but not limited to, the following: intentionally posting any information on the Platform that is untrue, inaccurate, or incomplete; sending any unsolicited communications to other Users; violating or attempting to violate the integrity or security of the Platform; transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services; The laws of ( name of country) forbid any illegal activities on the Platform.
The Company shall have the right to disable any information that violates this Clause 7 upon learning of it on its own or after being made aware of it by a party affected by it in writing or through an email signed with an electronic signature. We shall also be permitted to keep such information and related records for at least 90 days to present them to governmental authorities for review. We reserve the right to immediately terminate your access or use rights to the Platform and Services and to delete any content that violates any relevant laws, rules, or regulations or the Agreement (including the Privacy Policy) by a User.
You, at this moment, consent to such transfer by us. We may disclose or transfer User-generated information to our affiliates or governmental agencies in such a manner as permitted or required by applicable law. According to the applicable laws, we will only transfer sensitive personal data or information, including any information, to another corporate body or a person in ( name of country) or located in any other country if they uphold the same standard of data protection as we do or if the user has given their consent and the transfer is required for the performance of a valid contract between the Company or a person acting on its behalf and the user.
USER’S COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
The Company shall own and retain ownership of all remarks, criticisms, ratings, suggestions, ideas, and other submissions made to the Company on or through the Platform or in any other way related to your use of the Platform (collectively, the "Comments"). Such disclosure, submission, or offer of any Comments shall constitute an assignment of all worldwide rights, titles, and interests to the Company and shall not restrict the Company's use of any Comments, whether for commercial or non-commercial purposes. As a result, the Company will have all of these rights, titles, and interests and will not be constrained in using any Comments for commercial or non-commercial purposes. The Company is not obligated to:
Keep any user comments confidential.
Compensate users for any comments.
Reply to any user comments.
You acknowledge that none of the Comments you submit to the Platform will violate any third-party rights, including copyright, trademark, privacy, or other intellectual or personal rights. Furthermore, you acknowledge that none of the Comments you submit to the Platform will be or contain libellous, illegal, abusive, or otherwise objectionable information. Any Comments you make are and will continue to be your responsibility.
The Platform's operation cannot be interrupted, destroyed, or limited by any material you upload, post, email, or otherwise communicate or transmit. If you breach these Terms or use our Platform or Services unlawfully or dishonestly, we may suspend or restrict your use of such features.
You acknowledge that neither you nor anyone acting on your behalf will, directly or indirectly, publish, post, or otherwise make any defamatory comments or remarks about the Company and its respective employees, clients, operations, or services in writing, verbally, or electronically. If you violate these terms or intimidate someone to do so, you are responsible for paying the company's losses due to your actions. The Company shall have the right to bring civil and criminal proceedings against you by the applicable law to seek restitution for damages and losses and to hold you accountable for committing illegal defamation.
USER DATA
You guarantee and represent that all information you submit in conjunction with using the Platform is true, accurate, and complete and that you'll keep it up to date regularly. You acknowledge that we may suspend or terminate your use of and access to the Platform if any information you supply is untrue, inaccurate, out-of-date, or incomplete.
You consent to the Company collecting and using your information, technical data, and connected information through its Privacy Policy to verify the provided documents. The Company may transfer information and data about your use of the Services to its group companies and service providers to support your access to those Services and further use that information and data for analytics, trend identification, and statistical purposes to improve the effectiveness and efficiency of the Platform. You allow your information to be used and shared in this way.
By applicable laws, the Company may be required to provide information on Users to law enforcement, the government, and similar entities concerning criminal proceedings. You acknowledge and accept that the Company will have the right to disclose such information with the appropriate agencies or entities in such circumstances.
RIGHTS TO INTELLECTUAL PROPERTY
The Company autonomously develops, maintains, and updates the Platform. You are using a license we have given you to access the Platform when you do so. The Company or its licensors are the sole owners of all rights, titles, and interests in all text, graphics, audio, design, and other works on the Platform, as well as all intellectual property related to it, including, among other things, the domain name, copyrights, the Platform's look and feel, the trade name and trademarks, patents, and designs. The owners of every trademark and brand name used by a third party and displayed on the Platform. Unless otherwise specified, all content on the Platform is for personal use only. The intellectual property of the Company, its affiliates, associates, and its third-party information providers is violated by any alteration of the material or use of the material included on the Platform for any commercial purpose. Suppose a computer virus, bug, or other technical issue compromises the security or effective administration of the service. In that case, we retain the right to suspend or cancel the service.
You understand and agree that no right (express or implied) is granted to you about such Content by your use of the Platform or by your availing of any Services via or at the Platform. The Company reserves the right to alter or modify the Content at any time and for any reason.
LICENSE
The Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Applications on your device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely in connection with your use of the Services. All of these rights are granted subject to your compliance with these Terms. All rights not expressly granted in this agreement are reserved by the Company and its licensors.
Except as specifically permitted in the Terms and Conditions, you will not use, copy, adapt, modify, or create derivative works based on, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform and Services. Except for the licenses and rights specifically granted in the Terms and Conditions, no licenses or rights under any intellectual property rights owned or controlled by the Company or its licensors are impliedly or otherwise granted to you. The Company owns the Platform and all related intellectual property rights.
RESTRICTIONS ON LIABILITY
The Company does not guarantee that the Service's outcomes will be accurate or trustworthy. The Services and all products provided/delivered to you through the Service are provided "as is" and "as available" for your use without any representation, warranties or conditions, express or implied, including all implied warranties, you agree. This applies except as expressly stated by the Company. While we make every effort to ensure your access to and use of the Platform is secure, we cannot guarantee that the Platform or its server will operate without errors, interruption, unauthorized access, or in any other way to satisfy your needs.
In no event, including when the Company has been advised of the possibility of such damages, shall our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage.
The Company is not responsible for any losses, liabilities, or damages resulting from your use of or reliance on the Services, your inability to access or use the Services, any dealings or connections you make with third parties, or any delays or performance issues brought on by factors outside the reasonable control of the Company.
EXEMPTIONS FROM COMPANY LIABILITY
Additionally, the User acknowledges and agrees that the Company shall not be liable in any way for any delay in the provision of the Services or failure to fulfil its obligations under the Terms and Conditions that may be caused, directly or indirectly, by your failure to cooperate, your unavailability and unresponsiveness, your failure to supply accurate and complete information, or your failure to provide or facilitate the submission of User materials on time.
User further acknowledges that the Company shall only be responsible for offering aid and cooperation if a vehicle is stolen or is involved in an accident while on the property of the service partners. The Company will promptly offer all necessary assistance about insurance claims, police reporting, and any other formal steps that may be necessary, but it won't be responsible for paying the User's loss unless it was brought on by an act solely attributable to the Company or by gross negligence on the part of the Company (and not the service partner).
CONTROVERSY RESOLUTION
Any disagreements between the User and the Company on how to interpret these terms and any claims or disputes resulting from or related to these terms shall be submitted to a single arbitrator who shall be chosen by agreement of the parties. The courts in (name of state)shall have exclusive jurisdiction over the subject and for the enforcement, as applicable, and the procedures shall be conducted by the terms of the Arbitration and Conciliation Act, 1996.
RULE OF LAW
The laws of ( name of country) and the exclusive jurisdiction of the courts in ( name of state), ( name of country), shall govern these Terms and any other agreements whereby we supply you Services and their interpretation.
SEVERABILITY
The remaining terms will still be in force if any provision of these terms is determined by a court or other competent authority to be unlawful or unenforceable. Suppose a portion of an unlawful or unenforceable clause could be made legal or enforceable by removing that portion. In that case, the remainder of the clause will still stand (unless doing so would go against the clear intent of the clause, in which case the entire relevant provision will be deemed to be deleted).
WAIVER
The Company's omission to enforce or exercise any term of the Terms or related right will not be construed as a waiver of such provision or related right. The Company's provision of these Terms is to inform you of the conditions that govern your use of the Platform and Services. You recognize that the Company provided you with a fair opportunity to evaluate these Terms before deciding whether or not to accept them.
You are the only party to the Terms and Conditions, and you may not assign them or otherwise transfer them without the Company's prior written consent. Without obtaining permission, the Company may assign, transfer, or delegate any rights or duties under this Agreement.
All notices under the Terms and Conditions must be in writing and will be deemed to have been properly given when received, whether personally delivered or sent by certified or registered mail with a request for return receipt; when receipt is electronically confirmed, whether sent by email; or two days after it is sent if sent for next-day delivery by a reputable overnight delivery service.
The Terms and Conditions do not form any agency, partnership, joint venture, or employment arrangement, and neither party has any power or authority to bind the other in any way.
TERMINATION
Your use of the Platform or any Service may be discontinued at any time by the Company for any reason, including violating the Terms and Conditions. The Company can deny anyone access to the Platform, but it is not required. We reserve all other rights and do not give any other rights or licenses, implied or otherwise, except those expressly granted in these Terms.
You are not permitted to re-register under the same or a different account or use the Platform after being temporarily suspended, permanently suspended, or terminated. When a user's account is terminated for one of the reasons listed here, they lose access to all data, messages, and other materials stored on the Platform.
These terms are terminable by you at any time and for any cause. These Terms' termination shall not affect the responsibilities and liabilities that the parties had in place before that date. Until you or we terminate, these Terms will remain in effect. We may terminate this agreement without prior notice if you violate any terms or provisions of it or if we have reasonable grounds to believe that you have violated them, and you will still be responsible for all outstanding debts up until the date of termination.
INDEMNIFICATION
You must defend the Company, its affiliates, subsidiaries, and joint venture partners, as well as each of their employees, contractors, directors, suppliers, and representatives, against all liabilities, losses, claims, and expenses, including reasonable legal fees, that result from or are related to your use or abuse of the Services and Platform or your access to it; or your violation of the Terms and Conditions. Suppose we exercise our right to assume the sole defence and control of any matter that would otherwise be subject to indemnification by you. In that case, you agree to cooperate and support us in that effort.
HOW TO REACH YOU
You consent to us contacting you by phone, email, SMS, or other means of communication to get your feedback on the Platform or our Services, get your opinion on any other Users listed there, or respond to any complaints, inquiries, or concerns other Users may have about your objectionable Content.
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