Terms of Condition

 

Last updated on 07/03/2019

1. General

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.

This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of:

(a) The website www.desimechi.com, (hereinafter referred to as "Website"), The Mobile Applications named "DesiMechi" on the Google Play Store and Apple App Store (hereinafter referred to as "Apps) and the Service Workshops are 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;

(b) For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a User of the Website and the Apps by using it. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We""Us""Our", ‘Company’ shall mean Karnar Moto Works Private Limited. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company. The term "Platform""Our Platform", shall mean the website, the Apps and the Service Workshops owned by Karnar Moto Works Private Limited. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.

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.

(c) By using the Our Platform, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.  Your use of Our Platform is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Platform by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the platform.

(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 Platform 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 Platform 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 Platform is a service provider. The Platform 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 or on an Urgent 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 Platform (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 Platform 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 Platform, and by giving the Vehicle to the Company for servicing, You agree and understand the following:

a-     Service

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 and the User is recommended to remove all articles from the vehicle at the time of availing this Service. The User is recommended to upload electronic copies of all vehicle documents like RC copy, insurance copy, PUC certificate in the profile section of the Platform. We will not be held liable for the loss/theft of RC copy, insurance copy, PUC certificate either in their form as photocopies or original documents.

Once the service executive of the Company takes Your vehicle to the service center, You will be contacted via sms and/or email and/or in-app notifications 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 Platform 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, Repsol 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 deemed by US as providing similar quality. The Company strongly recommends the use of certain grades of engine oil (Mineral, Semi Synthetic, Fully Synthetic etc) and offers a choice to the Users to select within such recommended grades. However, in the absence/inventory stock out of any such pre-advertised brand, the Company reserves the right to use any alternative grade, which shall be intimated to the customer before the servicing is performed on the vehicle. The Platform 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 (only Once) 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 30 day Service Warranty is explained in detail further in Terms and Conditions section.

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.
 

b-     Payment

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 both an online and offline payment facility. Quality of work is a subjective term. User is laible to pay for the service availed irrespective of the Quality not meeting his expectation. It is not possible to achieve success in certain mechanical works. User is laible to pay for the service availed irrespective of the success in completing such mechanical work. The rates of the service shall be notified on the Platform or on a telehone call or in person if the Customer chooses to visit the Service workshop. 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 Company and it shall be your responsibility to remain informed about the charges for the Services by visiting our Platform.
 

c-     Pickup and Drop Facility

The pickup and drop facility provided by the Platform/Company is a complimentary service, which is provided only for Users availaing One time Service or an Annual Service Contract 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.

You understand and agree that the Company/Platform 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 Platform 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/ Platform shall not be liable for any delay in servicing or pick up/ delivery of the vehicle.

Conditions under which Pick up and Drop Service will be charged
1) If you do not avail full service (Service Labour + Engine Oil Change + Wash & Polish + Consumables) during each One time Service and every alternate service under Annual Service Contract.
2) In the event you cancel your pick up or drop after our pick up executive has already left for the pcik up, we will charge you Rs200 to recover our scheduling losses. 
3) All urgent repairs work pick ups / drops will be charged Rs200 (even if bike is in working condition). 
4) If your bike is not in working condition and we need to send a mechanic to start and pick up the bike or tow the bike. This is applicable for both Full Service and Urgent Repairs bookings
5) Only 1 pick up drop under 30 day service warranty is free. Every additional pick up drop will be charged at Rs200

 

d-     Video

The platform provides a complimentary live video feed of the vehicle being serviced, which enables the User to look at the Vehicle being serviced. The Platform/Company may at any time amend their terms and charge for providing the video footage. The Platform/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 Platform restricts the User from making any copies of the video feed or distributing them. The Platform/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.
 

e-     Insurance

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.

 

4.   MEMBERSHIP

To fully avail the Services of the Platform 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 Platform also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.

The Platform uses Facebook and Google+ platforms as a medium for signing up only. The user data collected by the Platform 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 Platform 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 Platform 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 Platform 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 Platform, 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 Platform, 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.

5.  COMMUNICATIONS

By using this Platform, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails, Notifications from Us at any time We deem fit. Such communications shall be sent to You on the telephone number and/or email id provided and/or through the App for the use of this Platform which are subject to our Privacy Policy. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls/ with regard to any communication received from Us, You may email Us at support@desimechi.com.

In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.


6.  CHARGES

The usage of the Platform is free of cost. The User needs to pay the Company directly for the services availed through the bookings placed on the Platform, as per the terms of this Agreement. However, We reserve the right to amend this no-fee policy and charge Users for using the Platform or parts of the Platform such as video streaming the servicing process of Your vehicle. In the event of such change in policy, Such changes 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 Platform as mentioned in clause 3 (b). Any action that encourages or solicits complete or partial payment outside of the Platform is a violation of this Agreement. To process electronic financial transactions on the Platform, we use third-party payment processors “CC Avenue, (the “Payment Processor”) and HDFC Bank. The processing of payments or credits, as applicable, in connection with your use of the Platform 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 Platform is not responsible for any technical or non technical payment failure. The Platform 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/Platform.

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 Platform, 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 Platform, and that he/she:

a. agree to ensure the mobile no and/or email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.

b. agree to comply with all local laws and regulations governing the use of the Platform, including, without limitation to, any usage rules set forth in this Agreement.

c. 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 Platform. 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 Platform 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 Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. 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 Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform is prohibited. You acknowledge and agree that by accessing or using the Platform 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 Platform. Further, You may report such offensive content;

                iii) Use the Platform 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 Platform or the Services (or the servers and networks which are connected to the Platform);

             vii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's mobile phone;

            viii) download any file posted on the Platform or the Platform that you know, or reasonably should know, cannot be legally distributed in such manner;

             ix) Probe, scan or test the vulnerability of the Platform or any connected network, nor breach the security or authentication measures on the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or exploit the Platform or Service or information made available or offered by or through the Platform, 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 Platform;

             x) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, servers or networks connected to or accessible through the Platform or any affiliated or linked Websites/ Mobile Applications;

            xi) use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other Third Parties;

           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 Platform 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.


10.  COPYRIGHT

               All information, content, services and software displayed on, transmitted through, or used in connection with the Platform, 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 Platform, 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 Platform, not to insert any code or product or manipulate the content of the Platform 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 Platform, please email us at support@desimechi.com.

              (b)   Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Platform, 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 partners, to include the information in a searchable format accessible by users of the Platform, 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 Platform can be used in India. We make no representation that materials or Content available through our Platform is appropriate or available for use outside any of the above countries. If You access or use the Platform 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 Platform.
 

13.  AMENDMENT

(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 and/or the home screen on the Platform.

(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 Platform.

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 visit our Platform 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 Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
 

14.  INDEMNIFICATION 

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 Platform and its Content;

(b) Your disclosure of information to any Third Party, either through the Platform or otherwise. (Please refer to our Privacy Policy for more details in this regard);

(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 Platform 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/Platform. The same shall be the liability of the User. In particular, neither the Platform/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/ Platform.

 

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.


17.  PRIVACY

We encourage you to read the Privacy Policy, and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to information relating toyour vehicle) which You provide on the Platform are likely to reveal Your information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Platform. Disclosures of information to Third Parties are further addressed in Our Privacy Policy


18.  MISCELLANEOUS PROVISIONS:

(a)  Entire Agreement: This Terms of service along with the Privacy policy is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

(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.

Fixed Charge- Rs100

Variable Charge as below
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


 

20.  Parking Charges

Users will be charged parking charges to store their vehicle in our workshop for a period more than permitted. Each day of such storage will be charged at Rs200 as parking charge. Vehicle will not be handed over unless such parking charges are paid in full.

Below are circumstances under which parking charges will be charged:

1. Parking charges will be charged for every day after a twenty four hour look in period, during which the customer fails to ackowledge the repairs estimate shared and directs us to start work. It is the User's responsibility to convey its inability/ unwillingness to avail services within the 24 hour look in period if they do not want to utilise Our services and collect their vehicle back. Inability of the User to communicate otherwise will be deemed as consent to extend time for the User to make a decision. The User will be charged Parking charges during such period of non -communication. In all such instances where the User does not want to avail services, the User will have tp pay Rs200 for pick up and Drop charges the User has/ chosen to avail a pick up and drop service.

2. It is the User's responsibility to take delivery of their vehcile within twenty four hours after the service is complete and final invoice is shared with the User. The user will be charged parking charges for every additional day he chooses to store his vehicle beyond the 24 hour period.

3. Parking Charges will be also be charged to all Users availaing Our services to claim Insurance for their vehicles. However, incase of Insurance claim work, parking charges will be charged for the following periods
    a) User needs to submit all the documents for registering a claim within 24 hours of the vehcile being brought to Us. Parking Charges will be charged for every additonal day beyond this twenty four hour timeline.
    b) We help our Users register Insurance claim for their vehciles, which is a complimentary service provided by Us. We reserve the right to charge Rs400 for such Service in lieu of managing the registration process, formulating the repairs estimate and hosting the insurance claim surveyor if the Insurance claim process extends beyond four days from the date of receipt of the vechile,
    c) Parking charges will be charged for every day after a twenty four hour look in period after the Insurance Surveyor has completed the Survey. It is the User's resposibility to ackowledge and/or satisfy the Surveyor's arguments and direct US to start work. The User will be charged Parking charges for every day due to the User's failure or delay to ackowledge and/or satisfy the Surveyor's argument resulting in a delay in start of the vehicle service.

21. Tyre Replacement Offer Terms and Conditions 

Benefits of the offer
Offer validity period: 07/03/2019 to 31/07/2019


a) 10% Cash Back Discount: Customer will receive 10% of the value of the tyre before taxes as cash back added in their in-app account as virtual cash. This amount will be deposited in the Customer's in-app account within 15 working days of the tyre purchase trasaction.

b) 2 Years Warranty: Each tyre repalced  will carry a 2 years warranty limited to manufacturing defect. Manufacturing defect will be limited to i) cracking of side walls, ii) bubbles on the tyres and iii) opening of seams on the inner side of the tyre walls

c) Assured Low Tyre Age: Tyres provided by us will not carry a manufacturing tag of more than 12 months.  

Terms of the offer
a) Above offer is available on Michellin brand of tyres only.
b) Cancellation/change of this offer anytime during the offer period is at our sole discretion. Customers will be informed before the tyre installation if the offer is no longer valid.
c) Customers will be charged an installation fee on each tyres as is usually the practise without the offer.
d) Pick and Delivery rules will apply for this offer. For example if a customer, does not avail full service (Engine Oil Change + Wash and Polish + Basic Service Labour + Consumables), they will be charged Pick up and Delviery charges if our services are availed for any other repairs or replacement.