CONTRACTUAL RELATIONSHIP
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.CarVaidya.com] (“Application”), including the related mobile site and mobile application (hereinafter referred to as “Application”)
CarVaidya Services Private Limited, incorporated under the Companies Act, 2013, having its registered office at FLAT NO B-19 FIFTH FLOOR NEAR SHRI RAM APARTMENT SECTOR 4 PLOT NO 32 DWARKA West Delhi DL 110078 IN, operating under the trademarked name “CarVaidya”, welcome you at www.CarVaidya.com for doing your search of automobile services including maintenance, repair, vehicle inspection, valuation used car warranty, RSA, etc. Your search and access to certain financial products, including but not restricted to, loans, insurance & other financial products as offered by third parties, posting advertisements, etc and other services in automobile space.
The use and access of our website www.CarVaidya.com (“Website”), and our mobile applications “CarVaidya” (“Applications”), or any products or services in connection with the Application or Website (“Services”) shall be governed by these terms and conditions (“Terms”). The Website, Mobile Site and Applications are individually and collectively called the “Application”.
These terms constitute a legally binding and enforceable agreement between www.CarVaidya.com (Domain name owned by CarVaidya Service Private Limited) (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the Application to browse and/or avail the Services displayed by us on the Application. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access or stop your use or access of our Services. These Terms expressly supersede prior written agreements with you. The Company requests the User to carefully go through these terms & conditions (“Terms and Conditions” or “Terms”) prior to accessing the Application or availing Services (as defined below) using the Application.
The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with the legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms at the domain of www.CarVaidya.com/terms. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the Application, Content (as defined below) and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest version of the Terms and Conditions.
No information provided on the Application shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record in terms of the Indian Contract Act, 1872; the Information Technology Act, 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. These Terms are generated by a computer system and do not require any digital or electronic signature
These Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Website (defined below).
ACKNOWLEDGMENT
Entire Agreement: These Terms of Use together with below listed documents/policies (without limitation) available either at Application or entered separately by Company with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Application, constitutes the entire agreement ("Agreement") between Company and You.
- Privacy Policy
- Additional Terms and Conditions
- Terms of Sale
These additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple store, Play Store, etc. are deemed to be incorporated under these Terms of Use by way of reference.
You acknowledge and agree that Your usage (defined below) of the Application is strictly regulated and governed by the terms and conditions of this Agreement.
You acknowledge that the Company does not provide any services for its customers and that all such above stated services are provided by other independent third-party service provider who are not employed by the Company.
You hereby authorize Company and/or third party service providers engaged by Company to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to Your use of the Application for the purpose of data analysis and for improving Your experience on the Application. You acknowledge that this is solely undertaken by Company to improve Your experience in relation to the use of the Application and the provision of such Services shall be subject to such additional terms and conditions of Company and/or third party service providers.
You acknowledge that even after accepting and/or confirming an appointment for service/repair of your car, the Company cannot guarantee its availability. At the time of your appointment request to the Company, the Company will make reasonable efforts to connect you with the independent third-party service provider so that you can avail automobile repair service at or near your location.
You acknowledge that the cost and time period for the services/repairs are estimated in accordance with your request and are proximate in nature.
Company shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.
Application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 (as amended from time to time), which provides a Application to users to avail the Services. Any information provided either through or at Application is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. You acknowledge that Company is not responsible and can not be held liable for any transaction between the Application User.
You agree and acknowledge that, You understand this limited and restricted use and accessing, browsing or using this Application or availing any Services is out of your own free will, discretion and responsibility.
Company reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. Company reserves the right to make modifications and alterations in the information contained on the Application without notice. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application.
DEFINITIONS
“Content” will include (but is not limited to) data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, ecards or any other information furnished by a user to be displayed on the Application. "Your Content" or "User Content" means Content 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. "CarVaidya Content" means Content that the Company creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usagerelated data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content.
“Estimated Cost” will include the service provider’s approximation of what the Service is likely to cost. The purpose of cost estimation is to predict the quantity, cost, and price of the resources required to complete a job.
“Membership Plan(s)” means subscription or other kinds of membership offers provided by the Company to Users from time to time through online or offline media. The terms, conditions and prices of such plans shall be communicated through the applicable media at the time of issuance of such offers.
“Service(s)” means services provided through the Application, they may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean any individual who owns a car (primarily out of the manufacture warranty period) in urban centers especially metros, who is desirous of availing Services on the Application as and who are registered on the Application for this purpose.
SERVICES
Services constitute a technology Application that enables Users of the Company’s Application as an Intermediary. All information and material available on the Application is only to assist the Users of Company’s Application, who are interested in the Services provided by independent third-party providers through Application and who wants to explore the more options before concluding their transactions. User may also provide the ability to send SMS to user’s reference or send an email letting know about the services. Company may also provide information on additional products of third party e.g. banks, financial institutions, insurance company, dealers etc. pertaining to loan, insurance, and other services ancillary and incidental thereto.
ELIGIBILITY
You hereby represent and warrant that you are eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply legally component to form a Agreement under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.
Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are not eligible to use Our Application and avail Our Services. By Accessing our Application or availing our services, you represent to the Company that you are major and legally competent to form a valid contract under the Terms.
You are in compliance with all laws and regulations in the country in which you live when you access and use the Services or Application. You agree to use the Services or Application only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third-parties.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to act on behalf of your organization.
Further to this, Company reserves its right, without assigning any reason, to restrict or limit Your access to the Application and can further terminate Your access to Application and deny the Services or any other product available through or at Application. This right of suspension / termination of Services of Company, is in addition to any other remedy available to Company, for access & usage of Application or availing any of Our Services through Application, which is in contravention of any of the terms and conditions of Terms or this Agreement or any other applicable law.
USE OF SERVICES
You must create an account in order to use some of the features offered by the Application. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy available on our app/website. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account details, all changes and updates submitted through your account, and all activities that occur in connection with your account.
Following sign-up, we will make certain Services available to you free of charge. The Services will include the ability to search for service providers for automotive services, the ability to view detailed profiles of service providers and their service prices and rating information and ability to upload & keep vehicle document and records managed through Application. User may provide ability to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback and ratings or any other material of combination thereof (collectively referred to "User Content") accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products / services available through or at Application.
Being the originator of the User Content, You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Application. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You also acknowledge that your use of or reliance on such content is at your own risk. You acknowledge that Company does not endorse any User Content on the Application and is not responsible or liable for any User Content.
Company reserve the right to add, change or remove Services or Content from our Application at any time, and may make certain Services chargeable at our discretion. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then Company at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
You must only book a Service if you have a genuine requirement for the work detailed to be performed. You must only post feedback in relation to a service provider if you have availed Service from them as a result of your use of the Application.
You buy products after visiting Our Application, does so solely at your own discretion, risk and responsibility. Company does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose. Also You shall alone be responsible to complete the documentation part as per applicable laws and Company shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.
You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Application and therefore You shall alone, and not Company, be responsible to for any such changed pricing, any additional cost, if incurred by the You or any other information.
Company may from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Application and User engagement. You acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
SERVICE PROVIDER
Service Provider are allowed to list item(s) for list and sale on the Application in accordance with the Policies which are incorporated by way of reference in this Terms. Service Provider must be legally able to sell the service(s) you list for sale on our Application. Service Provider must ensure that the listed service(s) do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your service for sale. All listed services must be listed in an appropriate category on the Application.
The listing description of the service must not be misleading and must describe actual benefits of the service. If the service description does not match the actual condition of the service, Service Provider agree to refund any amounts that Service Provider may have received from the User. Service Provider agree not to list a single service in multiple quantities across various categories on the Application. Company reserves the right to delete such multiple listings of the same service listed by you in various categories.
Service Provider shall not abuse or misuse the Application or engage in any activity which violates the terms of this Agreement. In any such case, Company may suspend Your Account or permanently debar Service Provider from accessing the Application.
Service Provider is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Service Provider, shall be the sole responsibility of the Service Provider.
Company reserves its right to screen the listing of services before publishing on the Application. This screening process is initiated from time to time to ensure the authenticity of the details posted by Service Provider. This screening may take some time and therefore listing of Service(s) may be delayed. If at any time, in sole discretion of the Company, Company determines that the particulars of the car is misleading or not accurate, then Company may remove such listing from the Application and can further take appropriate actions against the Service Provider.
SUPPORT
The Company offers an email as well as phone call based support system along with an online knowledge pool of FAQs. In case you require any assistance or support, you may access support resources or contact our support by emailing at contact@CarVaidya.com or calling our helpline at +91-9599156094 (Monday to Sunday between 9.30 am and 6.30 pm).
The Company shall revert to every complaint at the earliest upon receipt of the complaint during the business days. Further, the Company shall take the best possible efforts to redress the complaint within 7 days of receipt of the complaint. Any suggestions by the Company regarding the use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by the Company regarding the use of the Service shall not be construed as a warranty.
The Company shall take reasonable care and measures required for the safety of your car in our possession. In the event, the User’s car is stolen while in the possession of the Company, the Company will take all reasonable measures and extend necessary support to the User for recovering their car, such as, promptly informing the User of the occurrence of the theft, immediately report the theft to the nearest police station, co-operate and aid the local authorities to recover the vehicle, etc.
PROHIBITED USAGE OF THE APPLICATION
Users shall be prohibited from carrying out any illegal activity in the Application including but not limited to acts mentioned are violating or attempting to violate the integrity or security of the Application; transmitting any information on or through the Application that is disruptive or competitive to the provision of our Services; intentionally submitting on the Application any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application; circumventing or disabling any digital rights management, usage rules, or other security features of the Application. Any unlawful activities on the Application are prohibited by the laws of India.
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause 7. We shall also be entitled to preserve such information and associated records for at least 90 days for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Application and Services and to remove non-compliant information from the Application.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer by us. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Application or otherwise disclosed, submitted or offered in connection with your use of the Application (collectively, the "Comments") shall be and remain Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any User Comments.
You agree that no Comments submitted by you to the Application will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Application will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service on the Application. We may terminate or restrict your use of our Application and Services if you violate these Terms or engage in any illegal or fraudulent use of our Application or Services.
You agree that neither you nor anyone acting on your behalf, will directly or indirectly, publish, post, or otherwise issue any defamatory comments or remarks, in writing, orally or electronic format, against the Company, and its respective employees, clients, operations or services. Any violation of these Terms or intimidation for such will make you liable to compensate the Company for losses caused due to such acts of yours. In order to recover the damages and losses and prosecute you for illegal defamation, the Company shall be entitled to initiate civil and/or criminal proceedings against you as per the appropriate law, by the Company.
USER DATA
You represent and warrant that any information provided by you in connection with your use of the Application is and shall remain true, accurate and complete and that you will maintain and update such information regularly. You agree that if any information you provide to us is false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the Application.
You agree that the Company, may, in accordance with its Privacy Policy, collect and use your information, technical data, and related information for the validation of the documents submitted. The Company may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Application and transfer the same to its group companies and service providers in furtherance of your access to these Services. You provide your consent to such use and sharing of your information.
Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
INTELLECTUAL PROPERTY RIGHTS
All components of the Application(s) are the property of the company and protected by the intellectual property rights recognised in the Republic of India and shall include, as amended from time to time, The Patents Act, 1970; The Trade Marks Act, 1999 and The Copyright Act, 1957. Users shall not acquire any rights, including rights in or to any software, trademarks or components of the Application(s), by access or use of the Application(s). The copyright notices and trademarks may not be changed or removed. The components of the Application(s) may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of the Company and unless full acknowledgement of the source is provided.
All rights, titled and interest in text, graphics, audio, design and other works on the Application together with all the intellectual property related thereto including inter alia the domain name, copyrights, the look and feel of the Application, the trade name and trademarks, patents and designs are the sole property of the Company or its licensors. All third-party trademarks and brand names that appear on the Application are the property of their respective owners. Content on the Application is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Application for any commercial purpose is a violation of the intellectual property of the Company and/or its affiliates or associates or of its third-party information providers. We reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark "CarVaidya", and the Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You acknowledge and agree that through your use of the Application or by availing any Services through or at the Application, no right (empress or implied) is granted to you in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.
LINKS to THIRD PARTY WEBSITES AND CONTENT
Our Application may contain, hyperlinks to websites/application operated by parties other than CarVaidya or, third party information such as product, product description, catalogue, dealer’s details, news, videos and photographs and any other data made available by the third party (“Third Party Content”). The provisions of Third Party Content is for general information purpose only.
Company makes reasonable efforts to ensure that the details provided on our Application is accurate, however, Company does not control such Third Party Content and therefore shall not be responsible for any loss or damages resulting out of the use of Third Party Content.
The inclusion of Third Party Content to Our Application does not imply Carvaidya’s certification or endorsement of such websites/application nor any association with their operators. Company or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third Party Content of such other services or sites to which links are provided. A link to another service or website is not an endorsement of any products or services on such site or the Application. You shall be solely responsible for any or all the consequences that arise out of your use of such Third Party Content or hyperlinks to other websites.
On the Application, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Application’s users based on their visit to the Application and third-party websites/application. For more information on the DART Cookie see: http://www.google.com/privacy ads.html. You may opt out of the use of the DART Cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html.
You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third-party websites pursuant to co branding agreements, and that it is the sole responsibility of each of those search engines, third-party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that Company is not liable for the information published in search results or by any third-party website that carries Company postings.
LICENSE
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) access and use the Applications on your personal 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. The Company and its licensors reserve all rights not expressly granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application and Services, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The Application and the intellectual property rights vested therein are owned by the Company.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Application; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
The Company does not warrant that the results that are obtained from the use of the Service will be accurate or reliable. You agree that except as expressly stated by the Company, the Services and all the products provided/delivered to you through the Application are provided 'as is' and 'as available for your use, and are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties. While we endeavour to ensure your access and use of the Application is safe, we cannot and do not represent and warrant that the Application or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.
The Company shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services; or any transaction or relationship between you and any third-party provider or any delay or failure in performance resulting from causes beyond Company’s reasonable control.
User further agrees and confirms that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your unavailability and/or unresponsiveness; your failure to provide accurate and complete information; your failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond the Company’s reasonable control.
Notwithstanding anything to contrary in the Agreement(s), in no event shall Company, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Application, Services, Content, User Content or Third Party Content.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT WITH THE SITE. IN NO EVENT SHALL Drive BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED ₹ 1,000/- (RUPESS ONE THOUSAND ONLY).
User further agrees that the Company shall be only liable to provide assistance and cooperation in the event of theft or accident of the vehicles while in the premises of the service partners. The Company shall provide all requisite assistance in a timely manner in respect of any insurance claims, reporting to police and/or any other formal steps as may be required but shall not be liable to compensate the User for its loss unless the same is caused due to an act solely attributable to the Company or due to gross negligence of Company (and not the service partner).
BILLING/CHARGES
You acknowledge that by using the Services, you may be subject to charges from a third-party service provider for the services you receive ("Charges"). The Company, as a limited payment collection agent for a third-party service provider, will facilitate your payment of the applicable Charges after you have received services through your use of the Service. The Charges will be handled as if you had directly paid the third-party service provider. All Charges will include all applicable taxes unless otherwise specified by law. Unless otherwise stated by the Company, all Charges paid by you are final and non-refundable.
The Charges may be updated or changed at any time as per the analysis of the third-party services provider or your new requests. The updated Charges shall be communicated to you by the Company and only upon your approval of the Charges, the services will be provided by the third-party service provider.
You acknowledge that the Charges from a third-party service provider shall be duly paid and on account of default in payment, the same shall be considered as a breach of these terms. In the event you commit such a default/breach, you shall be liable to pay the liquidated damages of an amount equivalent to the value of the said services. You hereby authorize the Company to deduct or collect the amount payable as liquidated damages through such means as the Company may exercise.
In case of any material changes have been made and there is a default in payment by the User, the Company has a right to keep the vehicle in its possession until and unless payment in full has been made by the User along with other costs if applicable. In the event you fail to make the payment of the Charges despite the passage of more than 90 days since the completion of the services, the Company shall be entitled to recover the same by selling off your vehicle.
You acknowledge that you will be liable for the payment of towing services provided by the Company as per the Company’s Charges.
You acknowledge that you will be liable for the payment of pickup and drop services provided by the Company as per the Company’s Charges.
Membership Plans will be offered by the company from time to time through its website, app, social and print media. You can purchase the membership through the Application by adding it into the cart, checking out and making the payment.
The Company reserves the right to alter/modify/suspend/discontinue any terms and conditions associated with the Fee including but not limited to the period, rate, services included in the membership. Further, the Company shall give you notice of any change made to the features of the membership prior to the expiry of the same. We will provide you with advance notice of any change in Fees.
In the event the User fails to collect their car at the agreed date of delivery, the Company shall arrange for the storage of the car at the User’s risk and expense. Following such failure by the User, a parking fee of Rs. 500 per day will be charged by the User for such storage.
Payment for the Services by the Users may be processed through the third-party internet payment service providers. By purchasing any Services through the Application, the User hereby consents and agrees to abide by such third-party Internet payment service providers’ applicable terms and conditions and privacy policies. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Application.
Additionally, we have no authority over, or liability for, the delivery, safety, legality or any other such aspect of transactions or services availed by the Users through the third-party internet payment service providers. The Company will not be responsible for ensuring that any third-party internet payment service provider the Users operate with, will carry out the complete transaction, or has the appropriate authority to do so. In the event, the Users experience any disruptions or problems while making the payment for the Services through the third-party internet payment service providers, or if the User has a dispute with such third-party internet payment service providers, the User should resolve the disruptions, problems or disputes directly with that third-party internet payment service provider.
CANCELLATION AND REFUND
The Company may, at any time due to various reasons, including but not limited to technical errors, unavailability of service(s), unavailability of stocks or for any other reasons beyond its reasonable control, whatsoever, cancel the orders placed by the user(s)/ customers. The Company’s decision of cancellation of such order(s) shall be final and the Company shall not be held liable for such cancellation, whatsoever. If the order is cancelled after a successful payment is made by the user credit card has been charged, the Company shall endeavour to pay the aid amount shall be reversed the payment in the user's source payment method whether, debit card, credit card, bank account, UPI or any other method.
In case of requests for order cancellations, the Company, at its sole discretion, reserves the right to accept or reject requests for such order cancellations for any reason whatsoever, without being liable to show cause to the user(s). As part of usual business practice, if the Company receives a cancellation notice and the order has not been processed by the Company, the Company shall endeavour to cancel the order and refund the same amount paid by the user within a reasonable period of time.
In case the order has already been processed, it is pertinent to note that the Company shall not cancel the same and shall reserve full rights to decide whether to process the order or not. The user hereby agrees and undertakes that the decision made by the Company in such a case, is acceptable to the user and the user shall not hold the Company liable against any damages and/ or delays and shall indemnify the Company against any legal consequences.
Under no circumstances shall the Company's liability exceed giving the user a replacement of the same product(s) or service(s) and/ or an alternate product or service of the same monetary value;
DISPUTE RESOLUTION
In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by Company. The proceedings shall be conducted in the English Language under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Delhi shall have sole jurisdiction over the matter and/or for the enforcement as the case may be.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Delhi, India.
GENERAL PROVISIONS
Severability: If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
The Company provides these Terms so that you are aware of the Terms that apply to your use of the Application and Services. You acknowledge that the Company has given you a reasonable opportunity to review these Terms and you have agreed to them.
The Terms and Conditions are personal to you and are not assignable or transferable by you except with Company’s prior written consent. The company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or 2 days after it is sent, if sent for next day delivery by recognized overnight delivery service.
You agree and give Your consent to Us and both our associate partners (including Dealers, service providers, financial institutions etc.) to communicate with You through phone calls/SMS/email or any other means of communication for the purpose of obtaining feedback in relation to Application or our Services; obtaining feedback in relation to any other Users listed on the Application; or resolving any complaints, information, or queries by other Users regarding your critical Content, regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in.
You agree to provide your fullest co-operation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Services/Application, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
Independent Contractor: You and Company are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Company.
FORCE MAJEURE
You agree that Company shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure, insurrection, war or acts of government or any other cause whatsoever beyond the control of Company (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Application Partners or Service Providers).
TERMINATION
The Company may terminate your usage of the Application or any Service at any time for any reason, including breach of the Terms and Conditions. The Company has the right (but not the obligation) to refuse to grant access to the Application. Except for the rights and licenses granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Application by such User.
You may terminate these terms at any time, for any reason. The obligations and liabilities incurrent by the parties prior to the termination date, for all intents and purposes, will survive the termination of these Terms. These Terms will remain in effect until either you or we terminate them. If you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.
