In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
(a) The website www.desimechi.com, (hereinafter referred to as "Website"), owned by Karnar Moto Works Private Limited, a private limited company, incorporated under the provisions of the Companies Act, 1956, having its registered office at C-9, Nanddham Industrial Estate, Marol Naka, Marol Maroshi Rd, Near Jalram stores, Andheri West, Mumbai 400 059, Maharashtra, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. SERVICE OVERVIEW
The Website is a service provider. The Website enables the User to access information about the services provided by Us and to avail such services through the booking facilities provided therein. Our services can be availed by the Users either on a onetime basis or on an annual basis and the services includes but not limited to (a) the Users to get their vehicle serviced at the Company’s workshop (b) to book for appointments for servicing through the Website (c) complementary first time pick up and drop of the vehicle booked for servicing (d) to make online payments for the servicing of their vehicles (e) complementary live video feed which would allow the User’s to view their vehicle being serviced by Us. However, some of the services described above will be only provided under the annual basis option. Our services also include providing for repairs and breakdown assistance.
Also, the availability of Our Services are restricted to a limited geographical extent, however, We reserve the right to extend Our Services to any area in the future. (Hereinafter ‘Services’)
The Website allows the User to access their service records which will provide them an itemised list of Our services performed on their vehicle. The User has the option of making the payment online for the service provided by Us.
3. DISCLAIMER REGARDING SERVICES
As a User of the Website, and by giving the Vehicle to the Company for servicing, You agree and understand the following:
The User will be required to furnish the following details as condition precedent for availing this Service, which includes but not limited to the booking ID, alternative contact number, address, date of availing the service, vehicle registration number, odometer reading of the vehicle, the brand and model of the vehicle. The User will also be required to verify/enlist the presence of the RC copy, insurance copy, PUC certificate associated with the vehicle and the battery, toolkit, and any other accessory of the vehicle. We are not liable for the loss/theft of any article present in the vehicle which is not notified to Us and the User is recommended to remove all articles from the vehicle at the time of availing this Service.
Once the service executive of the Company takes Your vehicle to the service center, You will be contacted via sms and/or email to verify your account, regarding the estimated pricing for the servicing and all the repairs that will be done in accordance to such estimated pricing. You will have the choice to accept/reject the proposed required Services , You may also add any service provided by Us as required by You. Uponthe confirmation of the aforementioned verification process, your vehicle will be serviced. The Website does not manufacture any parts of its own, all parts used in any repair are a combination of original equipment bought from the vehicle manufacturer and after market players. The Company strongly recommends the use of certain brands of engine oil (Castrol, Motul, Shell etc) and offers a choice to the Users to select within such recommended brands. However, in the absence/inventory stock out of any such pre-advertised brand, the Company reserves the right to use any alternative brand, which shall be intimated to the customer before the servicing is performed on the vehicle. The Website provides a thirty (30) day warranty to the User for any parts replaced during the servicing. We will also extend Our services free of cost if the vehicle develops any issues during those 30 days. Only the labour expenses incurred for such services are free of cost, however if parts are required to be replaced appropriate costs may apply.
The Users shall Indemnify Us against any damage to life or property arising out of any pre-existing condition of the vehicle whether they are aware of such condition or not while in the course of availing this Service or any other Service thereafter.
You understand and agree that the vehicle shall be serviced only after the User provides their consent for availing all or any of Our services (along with the estimated price) provided by Us to them. The vehicle will be delivered only after the user makes the required payment. We currently offer only an online payment facility. The rates of the service shall be notified on the Website. Any payment towards servicing is not refundable. All cost for the fuel for the pickup and drop of the vehicle shall be borne by the User. The charges for the Services shall be updated or amended from time to time at the sole discretion of the Website/Company and it shall be your responsibility to remain informed about the charges for the Services.
c- Pickup and Drop Facility
The first time pickup and drop facility provided by the Website/Company is a complimentary service, which is provided only for the initial service and the Users shall avail the Service at their own risk. The User is required to provide the exact location of pickup and drop of the vehicle. The Users on availing this service are deemed to have authorized Us to pick/ drop/ pick & drop their vehicles for the purpose of providing Our Services.
Any pickup and drop facility provided during the 30 day warranty period after servicing the Vehicle will be chargeable. The Pick up and delivery charges if opted for by the User for the Service availed by invoking the warranty provision will be charged separately.
You understand and agree that the Company/Website might not always be able to provide the pickup and drop facility due to various reasons. You are solely liable for the pickup and drop of the vehicle unless otherwise requested for through the Company and the Website/Company shall not be held liable in the event of any accident or damage that is caused to the vehicle during the pickup or the drop facility. You shall treat the vehicle drivers that the Company sends for pick up or drop with respect and not engage in any unlawful, threatening, harassing, abusive behavior with them. The Company/ Website shall not be liable for any delay in servicing or pick up/ delivery of the vehicle.
The Website provides a complimentary live video feed of the vehicle being serviced, which enables the User to look at the Vehicle being serviced. The Website/Company may at any time amend their terms and charge for providing the video footage. The Website/Company is the sole owner of such video footage provided to the User. The User understands and agrees that he cannot reuse such video feed for any personal, professional or any other purpose. The Website restricts the User from making any copies of the video feed or distributing them. The Website/Company, under no circumstance are liable for the quality of the video feed, the availability of the live video footage at all times or if the User is unable to access the live video footage due to various reasons.
The costs for rectifying/repairing any or all damages sustained by the vehicle upon admission for service with Us may be paid by means of any existing insurance made by the User on such vehicle at their discretion. However, any cost incurred over and above the coverage of the User’s insurance for the purpose of providing such service shall be solely borne by the User and We are under no obligation to bear such costs on behalf of the User.
To fully avail the Services of the Website and use of it, registration is required. You may access the services by signing in as a User by providing the following information which shall include but not be limited to name, gender, mobile number, email id, address, date of birth etc. The Website also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.
The Website uses Facebook and Google+ platforms as a medium for signing up only. The user data collected by the Website shall only be through the above mediums which will be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by the Website apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and the Website bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or we have reason to believe that You have done so, We hold the right to permanently suspend Your account.
The usage of Website is free of cost. The User needs to pay the Company directly for the services availed through the bookings placed on the Website, as per the terms of this Agreement. However, We reserve the right to amend this no-fee policy and charge Users for using the Website or parts of the Website such as video streaming the servicing process of Your vehicle. In the event of such change in policy, Users shall be intimated of the same via email and such change shall be effective as soon as it has been as updated on the Terms of Service. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
7. MODE OF PAYMENT
Clients shall make all payments relating to the service of the vehicle, through the Website as mentioned in clause 3 (b). Any action that encourages or solicits complete or partial payment outside of the Website is a violation of this Agreement. To process financial transactions on the Website, we use third-party payment processors “CC Avenue, (the “Payment Processor”). The processing of payments or credits, as applicable, in connection with your use of the Website will be subject to the terms, conditions and privacy policies of the Payment Processor and issuer in addition to this Agreement. All payments made shall be subject to realization and the Website is not responsible for any technical or non technical payment failure. The Website is also not responsible for any errors by the Payment Processor.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company/Website.
The User is further aware that in case of Third Party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To place a valid order on the Website, the User is required to complete the transaction; including making payment for the Services opted for. This may or may not be assisted with a phone call from a Client service representative.
8. USER’S OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted User of this Website/Application, and that he/she:
a. You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
b. You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
c. You undertake not to:
i) Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii) Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii) Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of Company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
iv) Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone;
viii) download any file posted on the Website or the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix) Probe, scan or test the vulnerability of the Website or any connected network, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked Websites;
xii) violate any applicable laws or regulations for the time being in force within or outside your home country;
xiii) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv) threaten the unity, integrity, defence, security or sovereignty of your home country, 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 any other nation;
xv) Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
11. COPYRIGHT COMPLAINTS
(a) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please email us at firstname.lastname@example.org.
(b) Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
(i) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
(ii) All information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
(iii) The information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
12. GEOGRAPHICAL EXTENT
The Website can be used in India. We make no representation that materials or Content available through our Website is appropriate or available for use outside any of the above countries. If You access or use the Website from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
(a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website.
(b) We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
(a) Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
(c) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
15. DISCLAIMER OF LIABILITY
The Company will not be responsible for any damage suffered by Users from use of the services on this system. This without limitation includes any losses resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The Website is just a medium for Users to book a Service for servicing their vehicle. It is the sole discretion of the User to select the services from the Company. Any Coupons/Discounts/Promotional Schemes provided on the Services are at the sole discretion of the Company/Website. The same shall be the liability of the User. In particular, neither the Website/Company shall be liable in any way to you or to any other person, company or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any products/services. User reviews are provided for informational purpose only. User reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by the Company/ Website.
16. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Mumbai, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
18. MISCELLANEOUS PROVISIONS:
(b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
(c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
19. Battery claim under warranty
Batteries often show weak performance get damaged to various factors. We advise customers on the health of the batteries and suggest replacement. The Customer has the option to either replace the defective battery warranty or buy a new battery or take no action. Please note, while we sell and/ or service batteries to our customers, battery as a product is not covered by our service warranty (if applicable). The manufacturer of every battery provides warranty specific to each battery. Customers need to maintain their warranty cards and/ or register their batteries with the respective battery manufacturer to be eligible for a claim during the warranty period.
Knowing customers are inconvenienced during the period a battery gets claimed under the warranty period, we offer a replacement battery service. A customer is eligible for this service only if he has not dues outstanding and has met with our terms and conditions. We are under no circumstances obliged to offer this service under our service deliverables and hence this replacement battery service will be charged. Below are the terms and conditions and rental charges for the replacement battery service.
a) The customer needs to furnish a valid warranty card or must have registered the product with the manufacturer as per the manufacturers requirement.
b) We check and advise customers on the health of the battery and whether it needs to be replaced. However, the manufacturer or their agent can refuse the warranty claim based on their tests. We will not be held responsible for any such claim refusals
c) We will charge a refundable deposit equivalent to the Maximum Retail Price (MRP) of the battery offered as temporary replacement. This deposit amount needs to be paid either by bank transfer or Cash to avoid transaction charge losses on credit cards, debit cards, or wallet. If the Customer wants to utilise online payment / card / wallet he will be charged 2.75% of the deposit fees as convinience charge.
d) Battery companies take varying periods to process warranty claims. We cannot influence this process and hence will not be held responsible for any delay by the manufacturer to process the claim. We take responsibility to submit the warranty claim with manufacturer’s appointed agent within 3 working days.
e) As observed practise, Battery manufacturers intimate customers directly on the processed warranty claim or to their agent who contacts the customers. Customer needs to forward such information to us to enable us to retrieve the replacement battery from the manufacturer or their agent. It will be customer’s sole responsibility to intimate us upon receipt of claim approval/ rejection advice from the manufacturer or their agents.
f) We take responsibility to retrieve the battery under warranty claim from the manufacturer or their appointed agents within 3 working days.
g) Once we have received the customer’s battery back under the warranty claim, we will hand over/ deliver the new battery received from the Company back to the Customer.
h) We will provide a door step pickup and delivery of the defective battery for which the customer will be charged Rs100 per way.
i) Rental charges for the temporary replacement battery will apply and will be deducted from Customer’s deposit towards such temporary replacement battery. The remainder amount will be refunded back to the customer as cash or bank transfer using NEFT.
Rental charges for the temporary replacement battery as mentioned below. These prices are subject to revision as per our discretion.
14LB Wet Battery- Rs9.0 per day
9LB Dry Battery- Rs5.0 per day
7LB Dry Battery- Rs3.5 per day
5LB Dry Battery- Rs3.0 per day
4LB Dry Battery- Rs3.0 per day