Contract between user and MOTOMATIC
This App/weblication/Software (the "app/web") together with the services, data collected and the other functionalities in the web app/web and mobile app/web are collectively referred to as the MOTOMATIC. MOTOMATIC service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms") and “you” may be referred to as the “customers/clients” of MOTOMATIC. The MOTOMATIC services are available only in Maharashtra, India.
The mobile app/web MOTOMATIC is a facilitator/platform that connects car owners/users with authorized company car service workshops/providers. MOTOMATIC allows users to research and choose service providers based on availability, cost and ratings. MOTOMATIC mobile app/web for car owners/users allows car owners/users to book an appointment with the service provider of choice, who are registered with MOTOMATIC. The app/web also remembers the maintenance records and reminds users before their next service due date.
By registering, downloading or using the app/web, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app/web. Your use of MOTOMATIC constitutes your agreement to all such Terms and conditions. We are offering you this app/web to use for your own personal use without cost, but you should be aware that you cannot send it to anyone else, and you’re not allowed to copy, or modify the app/web, any part of the app/web, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app/web and you also shouldn’t try to translate the app/web into other languages or make derivative versions and neither reverse engineering is allowed. The app/web itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to MOTOMATIC.
MOTOMATIC is committed to ensuring that the app/web is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app/web or to charge for its services, at any time and for any reason. We will never charge you for the app/web or its services without making it very clear to you exactly what you’re paying for.
TERMS AND CONDITIONS:
Visiting MOTOMATIC App/web or sending emails to MOTOMATIC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the MOTOMATIC app/web, satisfy any legal requirement that such communications be in writing.
If you use this app/web, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MOTOMATIC is not responsible for third party access to your account that results from theft or misappropriation of your account. MOTOMATIC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. MOTOMATIC does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you must use MOTOMATIC only with permission of a parent or guardian.
ii. The Service for the mobile app/web for the consumers may be accessed by downloading the app/web from the online store and registering for the app/web. Regardless of how you access the Service, to ensure the integrity of the Service, you must complete an account registration process and provide MOTOMATIC with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts. By way of illustration and not limitation, you may be required to provide the following information in order to establish your account and register for and use the Service: name, address, telephone number, e-mail address, vehicle information (make, model, year, and mileage), username, password and certain preferences and permissions. You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate.
iii. Each user is solely responsible for all of its costs and expenses related to the Service. The cost for Vehicle Services (including any applicable taxes) will be notified by the applicable service provider by any means of communication.
iv. Free Pick-Up and drop facilities are solely available as per dealers discretion, MOTOMATIC has no liability.
3. Vehicle Services
4. User Data and Analytics.
MOTOMATIC collects, retains and analyzes data as we allow users to use our services. By agreeing to the terms and conditions you agree that this data is owned by MOTOMATIC and MOTOMATIC retains the right to analyze the data, use & publish the analytics as MOTOMATIC sees fit.
5. Cancellation/Refund Policy
At this point in time, you may terminate your MOTOMATIC membership at any time. However, MOTOMATIC reserves the right to change this policy at any time. By booking an appointment, user agrees to complete the appointment with the service provider. If the user is unable to keep the appointment, user is expected to cancel the appointment via the mobile app/web. On the same note, when a service provider accepts an appointment, service provider has an obligation to service the appointment in a prompt, professional manner. If the service provider is unable to service the appointment, service provider should provide a cancellation notice with a reasonable time window greater than at least an hour. Service provider, upon registration also has the obligation to respond to MOTOMATIC appointment requests within two hours. If MOTOMATIC does not receive a response in the said time window, MOTOMATIC will cancel the request. MOTOMATIC reserves the right to determine course of action if the code of conduct outlines here is not followed or if service provider fails to respond to more than three appointments.
6. No unlawful or prohibited use/Intellectual Property
7. Use of communication services
MOTOMATIC has no obligation to monitor the Communication Services. However, MOTOMATIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MOTOMATIC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MOTOMATIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MOTOMATIC's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MOTOMATIC does not control or endorse the content, messages or information found in any Communication Service and therefore, MOTOMATIC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MOTOMATIC spokespersons and their views do not necessarily reflect those of MOTOMATIC.
In case of excess or incorrect payment made via MOTOMATIC app/weblication, the client has to seek refund from the dealership to which he made the transaction. It’s the sole responsibility of the dealership to verify and refund the payment to the customer.
In case the customer cancels any service towards which the payment has been made or products that he has purchased from the dealership, then it is the sole responsibility of the dealership to refund back the amount to the said customer. MOTOMATIC is not responsible to settle any claims with regards to payment made via the app/web.
You agree to indemnify, defend and hold harmless MOTOMATIC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App/web or services, any damage/loss to the customers/client and/or poor service by the service provider, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MOTOMATIC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MOTOMATIC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Arbitration And Conciliation Act, 1996, provided that for any of the purposes under the said Act shall be the original jurisdiction of the Hon’ble Court at Mumbai. The arbitrator shall maintain order and the hearings must take place at Mumbai. In case of disputes with regard to nomination of arbitrators the matter shall only be referred to the Mumbai Court for appointment and/or nomination of an Arbitrator or Arbitrators and to no other Court or jurisdiction.
12. Termination/access restriction
MOTOMATIC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maharashtra and you hereby consent to the exclusive jurisdiction and venue of courts in Mumbai in all disputes arising out of or relating to the use of the app/web. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MOTOMATIC as a result of this agreement or use of the app/web. MOTOMATIC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MOTOMATIC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MOTOMATIC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MOTOMATIC with respect to the App/web and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MOTOMATIC with respect to the App/web. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
13. FORCE MAJEURE
MOTOMATIC shall not be liable for failure to perform any of its obligations under or arising out of this contract if such failure results from any force majeure, act of God, fires, storm, earthquake, explosion, accident, strikes, lock-out, industrial dispute, labour trouble, transportation embargo, imminence or the existence of any state of emergency, war, war-like conditions, civil commotion, inability to obtain any material, refusal of license or sanctions and/or any measures taken by the Government whatsoever which renders it impossible or impracticable for MOTOMATIC’s liability to perform obligations under this contract. MOTOMATIC’s liability to perform obligations under this contract is also subject to the service provider and/or its working.
14. Changes to Terms
MOTOMATIC reserves the right, in its sole discretion, to change the Terms under which MOTOMATIC is offered. The most current version of the Terms will supersede all previous versions. MOTOMATIC encourages you to periodically review the Terms to stay informed of our updates.
Customer care number: 1800-212-2801
Customer care email ID: firstname.lastname@example.org