PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE REGISTERING ON, ACCESSING, BROWSING www.yoursmotors.in
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE 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. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS TECHNICAL SERVICE PROVIDER TERMS AND CONDITIONS AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE ASSOCIATION AGREEMENT. PLEASE ENSURE THAT YOU READ ANDUNDERSTAND ALL THE PROVISIONS OF THIS TECHNICAL SERVICE PROVIDERS TERNMS AND CONDITIONS AGREEMENT BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE TECHNICAL SERVICE PROVIDERS T&C AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND YOUR'S MOTORS IN RESPECT OF THE SERVICES OF THE PORTAL AND SHALL BE EFFECTIVE FROM FEBURARY 14
IT IS HEREBY EXPRESSLY CLARIFIED THAT THE PROVISIONS OF THIS TECHNICAL SERVICE PROVIDERS TERMS AND CONDITIONS AGREEMENT WILL NOT APPLY TO YOUR SERVICES PROVIDED FOR non-YOUR'S MOTORS portal/mobile app or hand held device users
GENERAL TERMS AND CONDITIONS
The Platform is owned and operated by Your's Motors Company Pvt Ltd.
These terms constitute a legally binding and enforceable agreement between YOUR'S MOTORS (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the Platform to browse and/or avail the Services displayed by us on the Platform. 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 Platform or availing Services (as defined below) using the Platform.
SERVICES
The Services constitute a technology platform that enables Users of the Company’s Platform, provided as part of the Services, to arrange and schedule repair or maintenance services for your car,bike,cycle and puncture shops with independent third-party providers. Once you submit a request, we may provide you with a list of possible service providers along with their experience information.
The Company also provides towing service to get your vehicle out of the situation and back on road on a chargeable basis.
You acknowledge that the Company does not provide any repair and maintenance services for its customers and that all such above stated services are provided by other independent third-party contractors who are not employed by the Company.
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.
USER ACCOUNT AND INFORMATION
You must be of 18 years of age and above if you register on and access our Platform.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We will not be responsible for any incorrect, inaccurate or non-updated information provided by you.
All the information provided by you will be stored and used in accordance with our Privacy Policy.
You consent to receiving communications such as announcements, promotional messages, emails, newsletters and advertisements from us or any of our partners or associates.
EXEMPTIONS TO LIABILITY OF COMPANY
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.
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).
USE OF SERVICES
You must create an account in order to use some of the features offered by the Platform. 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 repair or servicing work, the ability to view detailed profiles of service providers and their service prices and rating information, and the ability to post feedback and ratings in relation to any service provider you have used as a result of your use of the Platform. We reserve the right to add, change or remove Services from our Platform at any time, and may make certain Services chargeable at our discretion.
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 Platform.
On receipt of a Service Request, Booking will be allotted to the Technical Service Provider on the Device or in such other manner as may be agreed between the Technical Service Provider and Yours Motors from time to time.
The Technical Service Provider shall duly complete all Bookings allotted in connection with the Services and promptly notify Your's Motors immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.
In the event the Technical Service Provider requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the YOUR'S MOTORS call centre. If the assistance pertains specifically to the Device, Technical Service Provider App, Portal or anything therein, then such issue may be directed to the call centres of YOURS MOTORS.
Upon a Service Request being allotted to the Technical Service Provider on the Technical Service Provider Web,App, YOUR'S MOTORS
may provide to the Customer, the picture of the Technical Service Provider, details of the service station(s) including mobile phone number of the Technical Service Provider and such other information as required under Applicable Laws or as YOUR'S MOTORS may deem fit, as the case may be, required by the Customer to identify the Technical Service Provider.
Once a Booking is allotted,YOUR'S MOTORS will provide the Technical Service Provider with the necessary Customer information in order to enable the Technical Service Provider to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 12 below.
In the event, the Technical Service Provider is a female; the Technical Service Provider shall not accept Service Requests from 20:00 hours in the evening to 08:00 hours in the morning.
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.
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 Platform 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. 400 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 Platform, 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 Platform.
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.
We have made every effort to display as accurately as possible the colors, details and images of our products on the Platform. However, the color and details as appearing on the Platform may slightly vary from the actual color and details of the product. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We run promotional sales and offers from time to time. Customer’s availment of the offers in such promotional sales are subject to these Terms of Use and other terms and conditions as may be specified by us in respect of any particular promotional sale and offer. In case of any conflict between these Terms of Use and the terms and conditions pertaining to a particular sale and offer, the terms and conditions pertaining to a particular sale and offer shall prevail. We reserve the right to discontinue the sale and offer on any products at any time, without notice.
PAYMENT TERMS:
We offer safe and secure credit, debit, and internet banking options for Visa and MasterCard holders. Additionally, payments can also be made via various wallets.
All prices are inclusive of GST and other applicable taxes.
USER WARRANTIES
You warrant and represent that you will not:
copy, distribute, or disclose any part of the product in any medium, including without limitation by any automated or non-automated "scraping";
use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Platform in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
transmit spam, chain letters, or other unsolicited emails;
attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
upload invalid data, viruses, worms, or other software agents through the Platform;
collect or harvest any personally identifiable information, including account names and details of other customers, from the Platform;
use the Platform for any commercial purposes;
impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
accessing any content on the Platform through any technology or means other than those provided or authorized by us;
bypass the measures we may use to prevent or restrict your access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;
decompile, reverse engineer, or otherwise attempt to obtain the source code of the Platform;
post content on the Platform that may (a) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) create a risk of any other loss or damage to any person or property; (c) seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) constitute to a crime or tort; (e) contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (f) violate third party right of any kind.
COPYRIGHT AND INTELLECTUAL PROPERTY
ALL THE DESIGNS FEATURED ON THE PLATFORM ARE COPYRIGHT AND INTELLECTUAL PROPERTY OF Your's Motors Company Pvt Ltd AND CANNOT BE REPRODUCED OR TRANSMITTED IN ANY FORM WITHOUT THE PRIOR WRITTEN PERMISSION OF Your's Motors Company Pvt Ltd.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or on any related website at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or on any related website, should be taken to indicate that all information on the Platform or on any related website has been modified or updated.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of the Platform.
This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party.
Any unauthorized use by you shall terminate the permission or license granted to you by us.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Platform will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.
You agree that from time to time we may remove the products for indefinite periods of time or cancel the products at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Your's Motors Company Pvt Ltd, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise, arising from your use of any of the service or any products procured using the Platform, or for any other claim related in any way to your use of the Platform or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
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 by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
The Company provides these Terms so that you are aware of the Terms that apply to your use of the Platform 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.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
TERMINATION
The Company may terminate your usage of the Platform 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 Platform. 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 Platform 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 Platform 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Your's Motors Company and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.