Terms and conditions

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.

At the bottom of these terms and conditions, you will be able to find links to our website where we set out our Privacy Policy, Acceptable Use of the app/web, and this general Terms and Conditions, which will be relevant if you use the app/web to book your car service via MOTOMATIC in the future.

 

TERMS AND CONDITIONS:

1.    General

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.

2.    Usage

  1. You should be aware that there are certain things that MOTOMATIC will not take responsibility for. Certain functions of the app/web, such as the ability to download and use will all require the app/web to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but MOTOMATIC cannot take responsibility for the app/web not working at full functionality if you don’t have working internet connection.

   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

  1. MOTOMATIC service includes providing the ability for users to research service providers for availability, cost and ratings. After choosing the right service provider, user can request an appointment via the mobile/web app/web. Based on your query, MOTOMATIC will make efforts to book appointment on your behalf. MOTOMATIC communications on appointment request status will be via push notifications to mobile app/web and/or emails sent to users email id. All Vehicle Services are provided by the applicable service provider, not by MOTOMATIC. MOTOMATIC shall also provide free road side assistance (RSA) on two (2) instances for the first year within the geographical location to its app/web users, if required by them and this is applicable one a user successfully completes a Service booking via the MOTOMATIC app only. As MOTOMATIC’s limited role as a conduit between user and the service provider, MOTOMATIC has no control over the quality, cost, timeliness of the vehicle services. On the same note, MOTOMATIC cannot and does not assume any responsibility for any damage to the vehicles.
  2. In case of servicing or repair of the car of the app/web user, if customers/clients requires and if MOTOMATIC provides, a pick-up/drop (if provided by the respective dealer) services of the vehicle shall be provided to the customers/clients of MOTOMATIC from the customer/client location and drop the vehicle back to the location, after the service/repair is completed, by the driver of MOTOMATIC. The customers/clients further declare and undertake that in case the pickup and drop service is availed by the customer/client, the customer/client shall be solely responsible for any damages or loss to the customer/clients vehicle and/or MOTOMATIC shall not be held responsible in any way for the same. The customer/client further agrees that MOTOMATIC is not liable for any poor quality of service or any other damage/loss to the Customer/client vehicle. The customers/clients declare that they shall bear the toll charges, if applicable or levied by the concerned authorities.

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

You are granted a non-exclusive, non-transferable, revocable license to access MOTOMATIC strictly in accordance with these terms of use. As a condition of your use of the app/web, you warrant to MOTOMATIC that you will not use the app/web for any purpose that is unlawful or prohibited by these Terms. You may not use the app/web in any manner which could damage, disable, overburden, or impair the app/web or interfere with any other party's use and enjoyment of the app/web. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the app/web. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the app/web, is the property of MOTOMATIC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the app/web. MOTOMATIC content is not for resale. Your use of the app/web does not entitle you to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of MOTOMATIC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MOTOMATIC or our licensors except as expressly authorized by these Terms.

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.

 

  1. Refund Policy

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. ​

 

  1. Cancellation Policy 

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.​

 

  1. Indemnification

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.

11.  Arbitration

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: info@moto-matic.com