Terms And Condition Banner

 

Terms and Condition Content

Terms & Conditions

TERMS AND CONDITIONS BETWEEN ASHOK LEYLAND LIMITED (“PLATFORM PROVIDER”) AND THE CUSTOMER (“TERMS”) IN RELATION TO SERVICE MANDI (“PLATFORM”)

 

The Platform Provider and the Customer shall, wherever the context requires, be referred to collectively as “Parties” and individually as “Party” hereto.

1. Recitals

1.1. Background of the Platform Provider

The Platform Provider is the sole and absolute owner of a new digital initiative platform called ‘Service Mandi’ with a view to connect Customers (as defined hereinafter), which includes Vehicle Owners/Vehicle Managers and drivers to local mechanics across India for the purpose of servicing of vehicles owned/managed/driven by such Customers respectively.

1.2. Background of Service Mandi platform

Service Mandi (“Platform”) is designed so as to provide a digital online meeting place where the Customers may engage the services of various Mechanics across pan India for servicing and repairs of their vehicles.

THE PLATFORM DOES NOT IN ITSELF UNDERTAKE ANY SERVICE OBLIGATIONS OR PROVIDE ANY REPAIR OR VEHICLE SERVICING SERVICES OR ANY WARRANTY OR GUARANTEE OR ENDORSE SERVICES UNDERTAKEN BY THE MECHANIC OR THE SPARE PARTS SUPPLIED BY THE PARTS RETAILER. THE REPAIR SERVICES ARE CARRIED OUT BY THE MECHANIC AS IF IT WERE DIRECTLY APPROACHED BY THE DRIVER OR VEHICLE OWNER. THE PLATFORM ONLY ACTS AS AN AGGREGATOR AND SHALL NOT BE CONSIDERED TO BE AN ONLINE VEHICLE SERVICE PROVIDER AND DOES NOT RUN ANY GARAGES OR SERVICE STATIONS OF ITS OWN. BY REGISTERING HIMSELF/ITSELF ON THE PLATFORM, THE CUSTOMER HEREBY AGREES AND ACKNOWLEDGES THAT THE PLATFORM AND/OR THE PLATFORM PROVIDER IS NOT AND SHALL NOT BE CONSIDERED AS AN ONLINE VEHICLE SERVICE PROVIDER OR A SERVICE PROVIDER AND THE PLATFORM PROVIDER ONLY ACTS AS AN AGGREGATOR.

1.3. Description of Customer

The Customer includes any Person who avails of or is registered on the Platform for the purpose of availing Vehicle repair services from the list of registered Mechanics on the Platform. The Customer includes the Vehicle Owners / Vehicle Managers as well as the drivers who have been authorised by such Vehicle Owners / Vehicle Managers to operate the Vehicles. The Customer hereby agrees and acknowledges that the Mechanic will provide the standard services as mentioned in Annexure A as well as other non-standard jobs on the Vehicle as mentioned in Annexure B depending on the setup of the Mechanic. At no point in time does the Platform ensure or assure any services that the Mechanic may make available, whether or not such services have been listed in Annexure A or Annexure B. The nature of the Repair Service could be either Breakdown related (requiring on-site attention) or other services/repair related (where the Vehicle comes to the Mechanic’s Service Station.)

1.4. Purpose and Objective of the Terms

1.4.1. These Terms therefore records all the terms, conditions and agreements on which the Customer shall be permitted to enrol himself to use the Platform and continue to use the Platform.

THESE TERMS APPLY TO THE CUSTOMER’S VISIT TO AND USE OF THE PLATFORM THROUGH AN ELECTRONIC DEVICE, AS WELL AS TO ALL INFORMATION, RECOMMENDATIONS AND OR SERVICES PROVIDED TO THE CUSTOMER ON OR THROUGH THE PLATFORM. 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, HOWEVER, ONCE THE CUSTOMER HAS CLICKED ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL HAVE DEEMED TO HAVE GRANTED HIS CONSENT TO BE BOUND BY THESE TERMS AND SHALL BE DEEMED TO HAVE AFFIXED HIS SIGNATURE TO THESE TERMS IN TOTAL AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS MENTIONED HEREIN.

BY CLICKING ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL CONSENT TO BE BOUND BY THESE TERMS. THE CUSTOMER SHALL ENSURE THAT HE HAS READ AND UNDERSTOOD ALL THESE TERMS BEFORE HE USES THE PLATFORM. IF THE CUSTOMER DOES NOT ACCEPT ANY OF THE TERMS, THEN THE CUSTOMER SHALL NOT USE THE PLATFORM OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREUNDER. THE CUSTOMER’S ACCEPTANCE OF THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN THE CUSTOMER AND THE PLATFORM PROVIDER IN RESPECT OF THE USE OF, AND THE SERVICES PROVIDED ON THE PLATFORM.

NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

2. Definitions

2.1. “Applicable Law” means any statute, regulation, ordinance, rule, judgement, notification, rule of common law, order, decree, bye-law, statutory directive, guideline, requirement or other governmental restriction, or any decision of, or determination, interpretation or policy, having the force of law, by or of any court of law or any governmental authority including any entity exercising executive, legislative, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality, having jurisdiction over the matter in question, in effect at the relevant time, in any applicable jurisdiction, including but not limited to the Motor Vehicles Act, 1988 and the Information Technology Act, 2000 and all rules, guidelines and regulations made thereunder or which pertain to vehicle repair services.

2.2. “Breakdown” means breakdown of the Vehicle where the Vehicle not in a movable condition and needs on-site attendance.

2.3. “Business Day” means any day of the week (excluding Saturdays, Sundays and public holidays) on which commercial banks are open for general business in Chennai.

2.4. “Confidential Information” means and includes all business or technical information (whether in digital form or otherwise) of the Platform Provider, whether it is received, accessed or viewed by the Customer or any of his employees, workers, technicians, etc, in writing, visually, electronically or orally, all technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, specifications, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, identity of or details about actual or potential customers or projects, techniques, inventions, discoveries, know-how and trade secrets, identity of the Platform Provider, including the charges or fee related information available on the Platform.

2.5. “Claims”means and includes any demand, action, cause of action, damages, loss, costs, charges, liability or expense, including without limitation reasonable professional fees and costs incurred, loss of opportunity, loss of profits, arising out of or in connection with (a) the Repair Services; (b) the registration of the Customer on the Platform or the use of the Platform by the Customer; and (c) anything arising out of these Terms or in connection with the Platform (as the case may be).

2.6. “Customer” means any Person who avails of any Repair Service(s) of the Mechanic through the Platform and shall include the Vehicle Owners / Vehicle Managers and/or the Drivers.

2.7. “Delivery” means the release of the Vehicle by the Mechanic from the Service Station and/or the Mechanic’s possession.

2.8. “Deficiency” means any fault, imperfection, shortcoming, defect, deficiency or inadequacy in the quality, nature and manner of Repair Service(s) provided by the Mechanic including which is required to be maintained by or under any Applicable Law or in pursuance of the Repair Service(s) provided or otherwise in relation to any Repair Service, and shall not include any delay(s).

2.9. “Driver” means in relation to a Vehicle, the person who acts as a steersman of the Vehicle and whose name has been registered as a driver of the Vehicle Owner on the Platform;

2.10. “Estimate” or “Cost Estimate” means the estimate given by the Mechanic on the Platform, prior to the Repair Approval by the Customer for the purposes of carrying out the Repair Services in accordance with the terms and conditions as mentioned in these Terms.

2.11. “Platform Provider Fee” means a commission paid to the Platform Provider as a percentage of transaction value which may be revised from time to time.

2.12. “Vehicle Owner” means a Person, in whose name the Vehicle stands registered and who has submitted to and is enrolled on the Platform as such or a Person who is duly authorised to operate and give instructions on the Platform for and on behalf of the Vehicle Owner and whose name has been registered in the Platform for the purpose of giving such instruction from the registered mobile number/electronic device. Any instruction given from such registered mobile number and/or electronic device shall be deemed to have been given by the Vehicle Owner or the Vehicle Manager (as the case may be).

2.13. “Vehicle Manager” means a Person who is in control of or who is authorised to operate and give instruction on the Platform for and on behalf of the Vehicle Owner, if the Vehicle Owner is not a natural Person or whose name is registered on the Platform as such.

2.14. “Government Authority” means and includes the Government of India (“GOI”), or the government of any state of India, province, local bodies or other political subdivision thereof and any governmental, executive, legislative, judicial or quasi-judicial, administrative entity or regulatory agency or authority (including, without limitation, any road transport authority established under any law or regulation), or any ministry, department, board, authority, instrumentality, agency, or commission under the direct or indirect control of the GOI or any political subdivision of any of them or owned or controlled by the GOI, or any of their subdivisions, or any court, tribunal or judicial body within India.

2.15. “Intellectual Property” means and includes all copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); and all other intellectual property rights and equivalent pertaining to the Platform and/or that of a Platform Provider (as the case may be) including the data generated on the Platform (by whatever name called) and also the rights pertaining to hosting or making the Platform available on any app store, device or server;

2.16. “Invoice” means the bill/invoice generated on the Platform for the Repair Service by the Mechanic issued to the Customer in electronic or digital form.

2.17. “Job Card” means the statement prepared by the Mechanic on the Platform in digital form, detailing the Cost Estimate on all the Repair Services to be undertaken upon Repair Approval by the Vehicle Owner.

2.18. “Location” means the respective place where the Service Station of each of the Mechanics is located.

2.19. “Losses” means and includes all losses, damages, costs, expenses, payments, charges and other liabilities of any nature (including fines, penalties, interest and legal and professional fees whatsoever) whether present or future, fixed or unascertained, actual or contingent.

2.20. “Mechanic” means the Person who provides the Repair Service as mentioned in these Terms and who has submitted to and enrolled on the Platform.

2.21. “Payment Gateway” means the third party electronic payment service referred to and to whose website a link is provided on the Platform for authorizing credit card or direct payments processing for all payments to be made under the Platform.

2.22. “Platform” means the e-commerce application known as “Service Mandi” downloaded by the Mechanic, the Vehicle Owner and the Driver to any electronic device, which provides an online platform for the Customer to access and engage the services of the Mechanic for repairs and servicing of trucks owned/managed by the Customer.

2.23. “Platform Engineer” means any Person appointed by the Platform Provider for the purpose of resolving, settling or adjudicating any dispute arising out of any Deficiency between any of the Parties who are registered on the Platform.

2.24. “Platform Provider” means the owner of the Platform as mentioned in these Terms.

2.25. “Repair Approval” means the approval granted by the Customer on the Platform for the purposes of accepting the Job Estimate and the terms and conditions for the Repair Service and agreeing to carry out the Repair Service by the Mechanic.

2.26. “Repair Service” means and includes any service provided to fix, repair, maintain, assemble any parts or components into or restore the Vehicle or any parts or component thereof, provided by any of the Mechanics.

2.27. “Service Request” means any request made by the Customer on the Platform for the purpose of availing the Repair Service.

2.28. “Service Request Acceptance” means the acceptance by the Mechanic of a Service Request confirming that the Mechanic shall undertake the Repair Service for which such Service Request has been made, where such acceptance has been communicated to the Customer through the Platform.

2.29. “Service Station” means the garage, premises or establishment where the Mechanic carries out the Repair Service as registered on the Platform.

2.30. “Spare Parts” means any replaceable component or sub-assembly unit which is used for repair or replacement of failed units.

2.31. “Standard Rates” means the rates that can be charged by the Mechanic on the Standard Service, as notified by the Platform Provider to the Mechanic, from time to time.

2.32. “Standard Services” means the Repair Service(s) that shall be notified by the Platform Provider to the Mechanic from time to time.

2.33. “Tax” means any present or future tax, levy, impost, duty, stamp tax, charge, fee, deduction or withholding of similar nature wherever imposed, levied, collected, withheld or assessed by any Government Authority pursuant to the Applicable Law including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same.

2.34. “Terms of Use and Privacy Policy” means the terms of use of the Platform and the privacy policy of the Platform Provider as available on the Platform at the following weblink [●].

2.35. “Vehicle” means a vehicle owned by the Vehicle Owner which is registered on the Platform and eligible under the Platform for availing any Repair Service.

3. Interpretation

  1. The headings and titles herein are used for convenience of reference only and shall not affect the construction of these Terms;
  2. References to one gender include all genders;
  3. Other than specifically provided, references to Clauses, Annexures and Schedules are references respectively to the clauses and schedules of or to these Terms;
  4. In these Terms unless the context thereof otherwise requires, any reference to any statute, rules, ordinances or other Laws shall be deemed to include any amendment, replacement or modification thereof;
  5. Words in the singular shall include the plural and vice versa;
  6. Unless otherwise expressly stated, the words “herein”, “hereof”, and “hereunder” and other words of similar import refer to these Terms as a whole and not to any particular Clause or section or other subdivision of these Terms;
  7. When any number of days is prescribed in these Terms, the same shall be reckoned inclusive of the first and the last day unless the last day does not fall on a Business Day, in which case the last day shall be the next succeeding day which is a Business Day;
  8. Time is of the essence in the performance of the parties’ respective obligations hereunder. If any time period specified herein is extended, such extended time shall also be of the essence;
  9. References to persons shall include individuals, body corporates (wherever incorporated), unincorporated associations and partnerships;
  10. References to an “agreement” or “document” shall be construed as a reference to such agreement or document as the same may have been amended, varied, supplemented or novated in writing at the relevant time in accordance with the requirements of such agreement or document and, if applicable, of these Terms with respect to amendments;
  11. All schedules, annexures and exhibits to these Terms form an integral part of this document and are legally binding on all the Parties.

4. Description of Platform

4.1. The Platform is an online based application owned and developed by the Platform Provider wherein the Platform Provider plays the role of an aggregator who shall provide a platform for the Mechanic to list his Service Station on the Platform and the Customer to avail and engage the services of the Mechanic for repair and maintenance of the Vehicles by making a Service Request through the Platform.

4.2. The Customers and the Mechanics shall be linked via the Platform which shall be downloaded and installed on their respective electronic devices through which the Customer shall avail and engage the services of the Mechanic for repair and maintenance of the Vehicles.

4.3. The Customer hereby agrees, acknowledges and confirms that (a) the sole responsibility and liability for providing the Repair Services including any Deficiency, delay, etc. or Loss arising therefrom or in connection therewith shall be of the Mechanic and not of the Platform Provider in any event; and (b) the Platform Provider is merely providing a meeting place and is not providing any other services or warranting any services whatsoever.

4.4. For the purposes of accessing the Platform on his electronic device, the Customer shall be required to register himself with the Platform Provider in the manner specified below and subject to the terms and conditions:-

  1. The Vehicle Owner / Vehicle Manager shall submit to the Platform Provider his legal name in full (in case the Vehicle Owner is an entity, its corporate name), contact details, address of office, email ID, Vehicle details, Driver’s contact information and any other information or data (as the case may be) that the Platform Provider may require in order to create an online account for the Customer on the Platform.
  2. Such other criteria and terms and conditions as the Platform Provider may deem fit from time to time.
  3. The Platform Provider shall be entitled to ask for and store any additional information or details pertaining to the Customer in order to extend further services or as an additional requirement to enable the continuation of the existing Repair Service(s).

4.5. The Platform will then generate a unique login ID and password for the Vehicle Owner/Vehicle Managers and the Drivers respectively that may be used to access the various functions provided by the Platform. The Platform Provider, at its sole discretion, shall be entitled to refuse or reject or not accept the registration of any Customer on the Platform without assigning any reason or without any liability.

4.6. The Customer shall ensure and restrict access to such login ID, password, and account to their respective employees and agents as may be reasonably necessary consistent with the purposes of these Terms and shall ensure that each such employee and agent accessing and using such login ID, password, and account is aware of and otherwise complies with all applicable provisions of these Terms regarding such use and access.

4.7. The Customer shall be solely liable and responsible for maintaining the security of the login ID and password generated on the Platform and shall not disclose their login details and password to any unauthorized third party and shall be solely liable and responsible for any use of or action taken under their respective login account on the Platform. The Customer shall ensure that he shall use/access the Platform solely through his respective registered login account on the Platform.

4.8. Upon any breakdown, malfunction, failure or inoperability or other servicing requirements of the Vehicle or any of its parts or components, the Driver shall make a Service Request on the Platform.

4.9. Upon the Driver making a Service Request, the Vehicle Owner will receive a notification on the Platform installed on his device, where he can view the details of the Service Request and the Vehicle Owner then may accept or reject such Service Request. The Vehicle Owner shall be entitled to directly add a Service Request on his own through his login ID on the Platform.

4.10. Once the Vehicle Owner accepts the Service Request made by the Driver, the Platform will notify the Mechanic of Service Requests made by Drivers in areas which are in close proximity to the Location. Multiple Mechanics may receive the request at the same time in which case the fastest mechanic to accept the request on the app will be considered. In no event shall the Platform Provider guarantee or warranty that a Service Request made by a Customer will be accepted or Repair Service shall be provided to the Vehicle.

4.11. The Mechanic shall view the details of the Service Requests in the area of his Location and may then accept or reject such Service Request. In no event shall the Platform Provider be liable or responsible for not notifying the Mechanic of the Service Request even though the Mechanic is in the closest proximity to the Driver or the Vehicle.

4.12. In the event that the Mechanic accepts the Service Request, the Platform will notify the Vehicle Owner and the Driver of the details of the Mechanic, the address of the Service Station and the contact details of the Mechanic, to the extent available with the Platform Provider or which has been made available on the Platform by the Mechanic. The Vehicle Owner may accept or reject the request after viewing the Mechanic’s details. On acceptance on the Platform by the Vehicle Owner, the Service Request shall be confirmed. Upon confirmation of the Service Request by the Vehicle Owner, the Vehicle Registration Number and contact details of the Driver, as made available to the Platform Provider, shall be notified to the Mechanic via the Platform.

4.13.Inspection of Vehicle by the Mechanic and Inspection Fees:

  1. Upon confirmation by the Mechanic of the Service Request referred to in clause 4.12 above, the Vehicle Owner/Vehicle Manager shall ensure that the Driver shall coordinate with the Mechanic in order to enable the Mechanic to go to the location (in the case of Breakdown) where the Vehicle is parked, at the address provided to him on the Platform, for the purposes of inspection. In case of any Repair Service required which is not resulting out of Breakdown of the Vehicle, the Driver may bring the Vehicle to the Service Station for the purpose of availing any Repair Service.
  2. At the location where the Vehicle is parked (in case of a Breakdown) or at the Service Station (in the case of no Breakdown), the Mechanic is expected to physically examine and thoroughly inspect the Vehicle for the purposes of determining the Repair Service required to repair the Vehicle (“Inspection”).
  3. In case of a Breakdown, the Customer shall be liable to pay a fixed fee of Rs. 300 (Rupees Three Hundred) (without any dispute), for the inspection of the Vehicle (“Inspection Fee”) only in the event all of the following conditions are met:-
    1. The Vehicle Owner shall have confirmed the Mechanic on the Platform;
    2. The Mechanic shall have reached the place of Inspection i.e. the location where the Vehicle is parked within 2 (two hours) or such other time as notified by the Platform Provider, from time to time, from the time of confirmation by the Vehicle Owner on the Platform; and
    3. The Vehicle Owner does not eventually avail the Repair Service from the said Mechanic or cancels the Service Request on the Platform due to any of the following reasons only:
      1. The Vehicle Owner does not accept the Cost Estimate raised by the Mechanic;
      2. The Spare Parts required for the Repair Service are not available; or
      3. The Vehicle Owner/Driver does not cancel the Service Request on the Platform and approaches another third party mechanic.
  4. In the event the Mechanic does not reach the location where the Vehicle is parked for the purpose of Inspection within 2 (two) hours or such other time designated by the Platform Provider, the Customer shall not be entitled to pay the Inspection Fee. The Customer hereby agrees and acknowledges that the decision of the Platform Provider in case of any dispute between the Mechanic and the Vehicle Owner/Vehicle Manager shall be final and binding on both parties.
  5. In case the Vehicle is brought to the Service Station, no Inspection Fee shall be applicable.
  6. It is hereby clarified that any additional towing charges in respect of the Vehicle shall not be included in any fees, payments or dues payable to the Platform Provider and/or the Mechanic under the Platform and the Customer shall be liable and responsible to make the payment of such Inspection Fee separately in the manner as mutually agreed with the Mechanic.

4.14. On the basis of the Inspection, the Mechanic is expected to provide to the Vehicle Owner a Job Card containing the description and nature of the Repair Service to be undertaken along with the Cost Estimate in respect thereof, on the Platform.

In the event the Repair Service to be undertaken by the Mechanic in respect of the Vehicle requires the Mechanic to replace any Spare Parts in the Vehicle, the Platform may display a list of Parts Retailers who are in close proximity to the location who may be capable of supplying the necessary Spare Parts. At the request of the Driver, the Mechanic may coordinate with such Parts Retailers to determine the retail price of the necessary Spare Parts and accordingly update the Job Card on the Platform to notify the Vehicle Owner of the updated Job Card and Cost Estimate (“Updated Job Card and Cost Estimate”). The Updated Job Card and Cost Estimate shall include a cost estimate of the Spare Parts and along with that, a weblink which the Vehicle Owner may use for the purpose of logging on to the Payment Gateway for making an online payment for the Spare Parts. The Customer hereby agrees and acknowledges that a list of the Part Retailers is provided only for convenience purpose and in no event shall the Platform Provider be liable to supply Parts or be liable for the genuineness of the Spare Parts or provide any warranty for the Spare Parts. The Customer further agrees and acknowledges that the weblink to the Payment Gateway is only provided for the convenience of the Customer and in no manner does the Platform Provider assume any responsibility or liability for any matter pertaining to the use of the weblink or payment(s) to be made by the Customer. The Vehicle Owner upon receiving a notification on his device in relation to the Updated Job Card and Cost Estimate, may approve or reject the updated Job Card and Cost Estimate. In case of approval of Updated Job Card and Cost Estimate, the Vehicle Owner shall proceed to make payment in respect of the Spare Parts in either of the below ways:- (i) By cash – The Vehicle Owner shall issue instructions to the Driver of the concerned Vehicle to go to the Parts Retailer and pay an amount equivalent to the price of the necessary Spare Parts in cash; or (ii) Payment Gateway – The Vehicle Owner shall make the payment in respect of the Spare Parts on the Payment Gateway provided on the Platform, which shall be to the credit of the bank account of the Parts Retailer, the details whereof shall be provided on the Platform. The invoice in relation to the payment of the Spare Parts shall be generated by the Parts Retailer only and shall be handed over to the Driver at the time of collection of the Spare Parts. The Platform Provider shall in no event be liable or responsible for the raising of any invoice in relation to the Spare Parts or in any matter pertaining to or in relation to the Spare Parts and only for convenience purpose has provided an online payment gateway for the payment to be made by the Vehicle Owner to the Parts Retailer. The Customers are advised to review all the terms and conditions on the app/website of the Payment Gateway and seek all clarifications and confirmations from the Payment Gateway for using their services.

4.15. Once Driver/Vehicle Owner (as the case may be) has completed the payment in respect of Spare Parts and provided all the Spare Parts required by the Mechanic in any of the aforementioned ways and the Vehicle Owner accepts the Cost Estimate, the Mechanic will receive a notification on the Platform of confirmation of payment and job (“Repair Service Confirmation”) and the Mechanic will then commence the Repair Service.

4.16. In case of non-availability of the necessary Spare Parts, the Mechanic will notify the Vehicle Owner of such non-availability at estimate stage itself and the Vehicle Owner shall then be liable and responsible for the procurement of the necessary Spare Parts and accordingly issue instructions to the Driver to source/procure such Spare Parts locally or from any other source. In the event the Vehicle Owner is unable to procure the Spare Parts, the Vehicle Owner shall have the option to cancel the Service Request on the Platform. It is hereby clarified that the Customer may be required to obtain further Spare Parts basis the completed Repair Service, for which the same process as mentioned hereinabove shall again be followed.

4.17. The Vehicle Owner shall, at its own discretion, approve the Job Card and Cost Estimate and provide a confirmation thereof to the Mechanic for the purpose of commencement of the Repair Service(s). The Mechanic may add one or more Repair Service(s) in the course of the Repair Service, if required and accordingly update the Job Card on the Platform but shall not perform any additional Repair Service, unless approved by the Vehicle Owner on the Platform. The Customer hereby agrees and acknowledges that the Platform Provider shall in no event be liable or responsible for any Repair Service(s) undertaken by the Mechanic on the Vehicle which has not been previously approved or confirmed by the Customer on the Platform.

4.18. Once the Mechanic has completed the Repair Service(s) undertaking in respect of the Vehicle and updated the Job Card in respect of all the Repair Service(s) undertaken by him on the Platform to reflect the status of completion of such undertaken Repair Service(s), the Platform will then notify the Vehicle Owner of such updated Job Card for his review.

4.19. The Mechanic is expected to generate the Invoice through the Platform and the Customer agrees to the final Invoice being generated on the Platform. The Customer hereby understands that the Invoice though generated on the Platform shall be the Invoice of the Mechanic and not of the Platform Provider.

4.20. The Customer shall hereby agree to pay the Mechanic the amount stated in the final Invoice generated on the Platform without any demur or delay. The Customer hereby acknowledges that the Cost Estimate and the amount stated in the Invoice may not necessarily be the same and that the amount stated in the Invoice may exceed the Cost Estimate. The Customer shall be entitled to dispute the Invoice only in the event the final Invoice amount exceeds 15 % of the Cost Estimate in the event of a non-Standard Service with the Mechanic, and such dispute shall be resolved and decided by the Platform Engineer who shall be the final authority in the event of such dispute.

4.21. The Customer shall thereafter have an option to pay by cash or by online mode. In the event the Customer selects payment method as online mode through the Payment Gateway, the Platform will send a notification to the Mechanic of such an option being chosen. In the event the Mechanic receives notification from the Platform that the mode of payment chosen by the Customer is online payment through the Payment Gateway, the Customer shall ensure that no amounts are paid by the Driver to the Mechanic in cash and all payments are routed only through the Payment Gateway. In the event that the payment is to be made through cash, the Customer shall pay the entire amount of the Invoice to the Mechanic. The Customer shall make the payment of the amount raised by the final Invoice in either of the modes as specified below:-

  1. Cash – The Vehicle Owner shall issue instructions to the Driver of the concerned Vehicle to go to the Service Station of the Mechanic and pay an amount equivalent to the amount raised by the final Invoice in cash; or
  2. Payment Gateway – The Vehicle Owner shall make the payment of an amount equivalent to the amount raised by the final Invoice, on the Payment Gateway provided on the Platform.

4.22. In the event of the Mechanic receiving cash from the Driver/Vehicle Owner, the Mechanic will immediately confirm receipt of such payment on the Platform. In the event the payment of the final Invoice is made through the Payment Gateway, the Platform will notify the Customer of the receipt of the payment. Only upon confirmation by the Mechanic that cash has been received or confirmation/notification from the Platform/Payment Gateway has been received, will the Mechanic release the Vehicle to the Driver after completed Repair Service. The Platform will send a notification to the Driver of confirmation of payment stating that the Repair Service is complete and the Vehicle is ready to be picked up from the Service Station. Once, the Customer receives a notification on the Platform stating that the Vehicle is ready to be picked up from the Service Station, the Driver shall and the Vehicle Owner shall ensure that the Driver shall pick up the Vehicle from the Service Station within 1 (one) Business Day from the date of receipt of notification of completion of the Repair Service(s).

4.23. To access the Platform and/or use of the Platform, the Customer shall accept all the terms and conditions laid down in these Terms and also the Terms of Use and Privacy Policy without any change. By registering as a Vehicle Owner / Vehicle Manager or Driver on the Platform or using the Platform, the Customer agrees to be bound by all the terms and conditions of these Terms and the Terms of Use and Privacy Policy.

5. Nature of Services to be provided

5.1. The Customer hereby agrees and acknowledges he shall only avail through the Platform the Repair Services as listed out in Annexure A in case of Standard Services and/or any non-Standard Services pertaining to aggregates in Annexure B annexed hereto and no other service of any nature which is not included in such Annexure A.

5.2. The Vehicle Owner / Vehicle Manager shall approve the specific Repair Service(s) on the Platform and only then may the Mechanic perform such specific Repair Service(s). The Customer shall not expect any other services to be provided by the Mechanic save and except for the Repair Service(s) approved by the Vehicle Owner / Vehicle Manager (as the case may be).

5.3. The Customer agrees and understands that the Repair Service does not and shall not include any selling or sourcing or procuring of Spare Parts for the Vehicle and the Platform Provider does not provide any assurance or guarantee or warranty in relation to the Spare Parts.

6. Vehicles that can be serviced

6.1. The Customer agrees and acknowledges that he shall not see any Repair Service through or by using the Platform in respect of, and Repair Services shall not be provided under the Platform to the following Vehicles:

     6.1.1. Vehicles under AMC; and
     6.1.2. Vehicles under Warranty.
 

The Customer hereby agrees and acknowledges that in the event it makes a Service Request on the Platform in respect of either (i) Vehicle under AMC; or (ii) Vehicle under Warranty, such Service Request shall be at the sole risk and liability of the Customer and the Platform Provider shall not be obligated to provide any Repair Service in respect of such Vehicles.

6.2. In the event such a Vehicle under AMC or Warranty is brought for servicing through the Platform, the Vehicle Owner shall be liable and responsible to make all payments in respect of such Vehicle as it would have, had the Vehicle not been under AMC or Warranty. Similarly, the Customer agrees and acknowledges that he shall not seek any Repair Service for any Vehicles for which the Customer desires to claim insurance for such Repair Services. It is hereby clarified that the payments for the entire Repair Services for Vehicles where the Customer desires to claim insurance will have to be made by the Customer either in cash or through the Payment Gateway and not through insurance payments. In the event such a Vehicle is brought for servicing through the Platform, the Customer shall be liable and responsible to make all payments in respect of such Vehicle as it would have, had the Vehicle not been under insurance.

6.3. The Customer agrees and acknowledges that it shall not seek or avail any Repair Services through or using the Platform in respect of Vehicles which have met with an accident.

7. Services outside the Platform

7.1. The Customer hereby agrees and acknowledges that it shall not seek or avail of any services other than the Repair Service(s) as listed in Annexure A and Annexure B through or using the Platform from the Mechanic at any time while it is registered with the Platform.

7.2. The Customer hereby agrees and undertakes that in respect of any Vehicle which has been referred to the Mechanic through the Platform, the Customer shall not get such Vehicle repaired or serviced by the Mechanic outside the Platform, i.e. without generating the Invoice for the Repair Service extended to the Vehicle(s) on the Platform.

8. Acceptance of Service Contract

8.1. The Customer hereby agrees and acknowledges that the terms of these Terms shall apply to all Service Requests made by the Customer and accepted by any of the Mechanic(s) enrolled on the Platform.

9. Cost Estimate and Job Card

9.1. On the basis of the Inspection, the Mechanic is expected to provide to the Vehicle Owner a Job Card containing the description and nature of the Repair Service to be undertaken along with the Cost Estimate in respect thereof, on the Platform.

9.2. In the event the Repair Service to be undertaken by the Mechanic in respect of the Vehicle requires the Mechanic to replace any Spare Parts in the Vehicle, the Platform may display a list of Parts Retailers who are in close proximity to the location who are capable of supplying the necessary Spare Parts. The Mechanic is expected to coordinate with such Parts Retailers to determine the retail price of the necessary Spare Parts and accordingly update the Job Card on the Platform to notify the Vehicle Owner of the updated Job Card and Cost Estimate.

9.3. For Standard Services to be undertaken by the Mechanic in respect of the Vehicle, the Job Card is not expected to include any rates exceeding the Standard Rates.

9.4. The Vehicle Owner shall, at its own discretion, approve the Job Card and Cost Estimate and provide a confirmation thereof to the Mechanic for the purpose of commencement of the Repair Service(s). The Mechanic may add one or more Repair Service(s) in the course of the Repair Service, if required and accordingly update the Job Card on the Platform but shall not perform any additional Repair Service, unless approved by the Vehicle Owner on the Platform. The Customer hereby agrees and acknowledges that the Platform Provider shall in no event be liable or responsible for any Repair Service(s) undertaken by the Mechanic on the Vehicle which has not been previously approved or confirmed by the Customer on the Platform.

9.5. The Customer hereby agrees and acknowledges that once the Job Card is confirmed by Vehicle Owner, it cannot be cancelled.

9.6. The Customer upon receiving a notification on his device in relation to the updated Job Card, may approve or reject the updated Job Card and Cost Estimate.

9.7. The Customer hereby agrees that for the Standard Services, the Cost Estimate and the amount that can be charged by the Mechanic for the Repair Services shall in no event exceed the Standard Rates.

9.8. The amount due and payable by the Customer under the final Invoice shall not exceed 15% of the Cost Estimate in case of non-standard jobs and shall not exceed the Cost Estimate in case of Standard Services.

10. Possession of Vehicles

10.1. The Customer shall be liable and responsible for the security of the Vehicle and the goods inside the vehicle at all times (as the case may be) and in no manner shall the Platform Provider be liable for the security and safety of the Vehicle at any time.

10.2. The Platform Provider shall not be liable or responsible for any loss arising out theft or damage of the Vehicle at any time.

11. Procurement of Spare Parts

11.1. In the event the Repair Service to be undertaken by the Mechanic in respect of the Vehicle requires the Mechanic to replace any Spare Parts in the Vehicle, the Platform may display a list of Parts Retailers who are in close proximity to the location who are capable of supplying the necessary Spare Parts. The Mechanic will coordinate with such Parts Retailers to determine the retail price of the necessary Spare Parts and accordingly update the Job Card on the Platform to notify the Vehicle Owner of the updated Job Card and Cost Estimate (“Updated Job Card and Cost Estimate”). The Updated Job Card and Cost Estimate shall include a cost estimate of the Spare Parts and along with that, a weblink to the Payment Gateway which the Vehicle Owner shall use for the purpose of making an online payment for the Spare Parts.

11.2. The Customer hereby agrees and acknowledges that a list of the Part Retailers is provided only for convenience purpose and in no event shall the Platform Provider be liable to supply, procure or transport Spare Parts or be liable for the genuineness of the Spare Parts or provide any warranty for the Spare Parts and Customer shall be solely responsible for procuring the Spare Parts whether from the Parts Retailer or any other source.

11.3. The Vehicle Owner upon receiving a notification on his device in relation to the Updated Job Card and Cost Estimate, may approve or reject the updated Job Card and Cost Estimate. In case of approval of Updated Job Card and Cost Estimate, the Vehicle Owner shall proceed to make payment in respect of the Spare Parts in either of the below ways:- (i) By cash – The Vehicle Owner shall issue instructions to the Driver of the concerned Vehicle to go to the Parts Retailer and pay an amount equivalent to the price of the necessary Spare Parts in cash; or (ii) Payment Gateway – The Vehicle Owner shall make the payment in respect of the Spare Parts on the Payment Gateway provided on the Platform, which shall be to the credit of the bank account of the Parts Retailer, the details whereof shall be provided on the Platform. The invoice in relation to the payment of the Spare Parts shall be generated by the Parts Retailer only and shall be handed over to the Driver at the time of collection of the Spare Parts. The Platform Provider shall in no event be liable or responsible for the raising of any invoice in relation to the Spare Parts or in any matter pertaining to or in relation to the Spare Parts and is only a facilitator for the purpose of the providing an online payment gateway for the payment to be made by the Vehicle Owner to the Parts Retailer.

11.4. Once Driver/Vehicle Owner (as the case may be) has completed the payment in respect of Spare Parts in any of the aforementioned ways and the Vehicle Owner accepts the Cost Estimate, the Mechanic will receive a notification on the Platform of the Repair Service Confirmation and the Mechanic will then commence the Repair Service.

11.5. In the event there is any delay in the time taken for the Spare Parts to be delivered/brought by the Driver to the Service Station of the Mechanic, the Mechanic may not commence the Repair Service until the Spare Parts are delivered/brought to the Service Station and the Customer shall be informed forthwith by the Mechanic of any such delay in commencement of the Repair Service(s).

11.6. In case of non-availability of the necessary Spare Parts, the Mechanic will notify the Vehicle Owner of such non-availability at estimate stage itself and the Vehicle Owner shall then be liable and responsible for the procurement of the necessary Spare Parts and accordingly issue instructions to the Driver to source/procure such Spare Parts locally or from any other source. In the event the Vehicle Owner is unable to procure the Spare Parts, the Vehicle Owner shall have the option to cancel the Service Request on the Platform.

12. Service Timelines

12.1. The Customer agrees and acknowledges that the Repair Services shall be carried out within reasonable timelines as mutually agreed with the Mechanic, from time to time.

13. Service Standards/Service Manual

13.1. The Customer hereby agrees and acknowledges that the Mechanic shall only provide the Repair Services as listed out in Annexure A and Annexure B and no other service of any nature which is not included in Annexure A and Annexure B.

13.2. The Vehicle Owner / Vehicle Manager shall approve the specific Repair Service(s) on the Platform and only then shall the Mechanic perform such specific Repair Service(s). No other services shall be provided by the Mechanic save and except for the Repair Service(s) approved by the Vehicle Owner / Vehicle Manager.

13.3. The Customer agrees and understands that the Repair Service does not and shall not in any include any selling or sourcing or procuring of Spare Parts for the Vehicle and neither the Mechanic nor the Platform Provider shall provide any assurance in relation to the Spare Parts.

14. Material Deviation from Job Estimate

14.1. The Customer hereby agrees that for the Standard Services, the Cost Estimate and the amount that can be charged by the Mechanic for the Repair Services shall in no event exceed the Standard Rates. The amount due and payable by the Customer under the final Invoice shall not exceed 15% of the Cost Estimate in case of non-standard jobs and shall not exceed the Cost Estimate in case of Standard Services.

14.2. he Customer shall be entitled to dispute the Invoice only in the event the final Invoice amount exceeds 15 % of the Cost Estimate in the event of a non-Standard Service, and such dispute shall be resolved and decided by the Platform Engineer who shall be the final authority in the event of such dispute.

15. Billing and Payment Terms

15.1. The Vehicle Owner upon receiving a notification on his device in relation to the Updated Job Card and Cost Estimate, may approve or reject the updated Job Card and Cost Estimate. In case of approval of Updated Job Card and Cost Estimate, the Vehicle Owner shall proceed to make payment in respect of the Spare Parts in either of the below ways:- (i) By cash – The Vehicle Owner shall issue instructions to the Driver of the concerned Vehicle to go to the Parts Retailer and pay an amount equivalent to the price of the necessary Spare Parts in cash; or (ii) Payment Gateway – The Vehicle Owner shall make the payment in respect of the Spare Parts on the Payment Gateway provided on the Platform, which shall be to the credit of the bank account of the Parts Retailer, the details whereof shall be provided on the Platform. The invoice in relation to the payment of the Spare Parts shall be generated by the Parts Retailer only and shall be handed over to the Driver at the time of collection of the Spare Parts. The Platform Provider shall in no event be liable or responsible for the raising of any invoice in relation to the Spare Parts or in any matter pertaining to or in relation to the Spare Parts and is only a facilitator for the purpose of providing an online payment gateway for the payment to be made by the Vehicle Owner to the Parts Retailer.

15.2. Once Driver/Vehicle Owner (as the case may be) has completed the payment in respect of Spare Parts in any of the aforementioned ways and the Vehicle Owner accepts the Cost Estimate, the Mechanic will receive a notification on the Platform of the Repair Service Confirmation and the Mechanic will then commence the Repair Service.

15.3. Upon completion of the Repair Service(s) undertaken by the Mechanic in respect of the Vehicle, the Mechanic will update the Job card in respect of all the Repair Service(s) undertaken by him on the Platform and such updated Job Card shall be sent to the Customer by the Platform for his review.

15.4. The Platform will then automatically generate the Invoice on behalf of the Mechanic and the Customer hereby authorizes the Platform Provider and agrees to the final Invoice being generated on the Platform.

15.5. The amount due and payable by the Customer under the final Invoice shall not exceed 15% of the Cost Estimate in case of non-standard jobs and shall not exceed the Cost Estimate in case of Standard Services.

15.6. The Customer shall thereafter have an option to pay by cash or by online mode.

15.7. In the event the Customer selects payment method as online mode, the Platform will send a notification to the Mechanic of such an option being chosen. In the event the Mechanic and the Driver receive notification from the Platform that the mode of payment chosen by the Vehicle Owner/Vehicle Manager is online payment, the Driver shall not make any cash payment to the Mechanic. The payment will flow directly from the Customer to the bank account of the Mechanic registered with the Platform through the Payment Gateway. The Platform Provider shall not be liable or responsible for any Claims or Losses arising out of such payment transaction.

15.8. In the event that the payment is to be made through cash, the Customer shall ensure that the entire amount of the Invoice shall be paid by the Vehicle Owner/Driver to the Mechanic. The Vehicle Owner shall make the payment of the amount raised by the final Invoice in either of the modes as specified below:-

  1. Cash – The Vehicle Owner shall issue instructions to the Driver of the concerned Vehicle to go to the Service Station of the Mechanic and pay an amount equivalent to the amount raised by the final Invoice in cash; or
  2. Payment Gateway – The Vehicle Owner shall make the payment of an amount equivalent to the amount raised by the final Invoice, on the Payment Gateway provided on the Platform.

15.9. In the event of the Mechanic receiving cash from the Driver/Vehicle Owner, the Mechanic will immediately confirm receipt of such payment on the Platform.

15.10. In the event the payment of the final Invoice is received through the Payment Gateway, the Platform will notify the Customer of the receipt of the payment.

15.11. Only upon confirmation by the Mechanic that cash has been received or confirmation/notification from the Platform/Payment Gateway has been received, shall the Mechanic release the Vehicle to the Driver after completed Repair Service. The Platform will send a notification to the Driver of confirmation of payment and stating that the Repair Service is complete and the Vehicle is ready to be picked up from the Service Station.

16. Payments to the Platform Provider

16.1. In the event the Customer makes the payment of the Platform Provider Fee through the Payment Gateway, the Customer hereby authorizes the Payment Gateway to directly collect any recoverables / dues of the Mechanic to the Platform Provider and transfer the same to the Platform Provider, prior to making any payments to the Mechanic.

16.2. Notwithstanding anything contained in these Terms or any other document, the Platform Provider shall be entitled to set off/net off any payments due to the Platform Provider from the Customer.

16.3. The Customer hereby authorizes the Platform Provider to transfer all amounts due to the Platform Provider from any payment (whether or not pertaining to present of past Invoice(s)) from the amounts that are being paid through the Payment Gateway by the Customer to the Mechanic.

16.4. Any payment due by the Customer to the Mechanics shall be made only after all payments of the Platform Provider have been satisfied in full.

16.5. The Platform Provider shall not be liable to make any payments whatsoever to the Mechanic or the Customer.

17. Customer Satisfaction, Ratings and Grievance Redressal

17.1. The Customer shall be entitled to rate the Mechanic on the Platform on a star rating basis, i.e. between one to five stars, one being the lowest rating and five being the highest rating (“Mechanic Rating”), on the basis of satisfaction in terms of Repair Services provided by the Mechanic.

18. Deficiency in Service

18.1. The Platform Provider shall not be liable or responsible for any Deficiency of the Repair Service undertaken by the Mechanic in respect of the Vehicle.

18.2. Notwithstanding anything to the contrary contained in these Terms, any agreement or document, the Mechanic shall be solely liable and responsible for any and all Deficiency. In no event shall the Platform Provider be held liable or responsible for any reason whatsoever for any Deficiency or delay in providing service. Without prejudice to the its rights against the Mechanic under law, the Customer may exercise any of the following rights in case of any Deficiency and for which the Mechanic shall be solely responsible and liable:

  • 18.2.1. In the event the Vehicle Owner/Driver is of the opinion that there has been a Deficiency in the Repair Service undertaken by the Mechanic is respect of a Vehicle, the Vehicle Owner shall be entitled to make a complaint for such Deficiency (“Complaint”).

    18.2.2. The Complaint should be generally made within a period of 15 (Fifteen) days from the date of Release of the Vehicle.

    18.2.3. For the purpose of making the Complaint the Vehicle Owner shall have an option to contact the Platform’s customer care service and lodge a Complaint against the Mechanic for Deficiency in the Repair Service.

    18.2.4. After lodging a Complaint with the Platform Provider against the Mechanic for Deficiency in the Repair Service on the Platform’s customer care service, the Vehicle Owner may, at its discretion, make a fresh Service Request on the Platform.

    18.2.5. The Platform will then connect the Vehicle Owner to another Mechanic (who could be in a different location or have a different Mechanic Rating from the previous Mechanic).

    18.2.6. Such other Mechanic along with Platform Engineer(s) shall conduct a thorough inspection or the Vehicle and thereby identify or ascertain if there has been a Deficiency in the Repair Service of the previous Mechanic.

    18.2.7. In the event the Repair Service of the previous Mechanic is found to be deficient, the Customer shall be entitled to receive from such previous Mechanic, compensation of an amount equivalent to the amount charged for the Repair Service which is deficient.

    18.2.8. Further, the Vehicle will then be given to the next Mechanic to provide the Repair Service again and the next Mechanic shall provide a discount of an amount equivalent to the compensation paid to the previous Mechanic in the Invoice raised for such repeated Repair Service.

    18.2.9. It is clarified that the Mechanic who will have to provide compensation in relation to Deficiency in Repair Service provided by him, shall be liable to pay only the amount charged on the Repair Service in which a Deficiency has been recorded by the Platform Engineer(s) and no further compensation.

    18.2.10. In case of any dispute arising out of any Claims or Losses pertaining to Deficiency in Repair Service(s), the Platform Provider’s decision as to such Deficiency or such Losses or Claims shall be final and binding on the Customer.

    18.2.11. The Platform Provider shall be entitled to set off any amounts from the payables by the Customer to the Mechanic towards any such Losses or Claims or payments or compensation to be paid by Mechanic for any Deficiency.

19. Goods on the Vehicle(s)

19.1. Prior to acceptance of the Vehicle for Repair Service, the Customer shall offload and ensure that all the freight goods on the Vehicle is offloaded and the possession whereof is taken by the Driver.

19.2. The Customer hereby agrees and acknowledges that the Mechanic shall not be responsible for storing or housing any such Goods/Freight at his premises or making arrangements for the Driver to house the goods/freight.

19.3. The Customer shall be solely liable and responsible as between the Customer and the Platform Provider, for the goods/freight on the Vehicle at all times prior to the Vehicle being given in the possession of the Mechanic.

19.4. The Platform Provider shall, in no event, be liable or responsible for the goods/freight on the Vehicle, including any Loss arising out of any theft, damage, etc thereof.

20. Term and Termination

20.1. Term: The term of these Terms shall be from the Effective Date until 3 years from Effective Date or until termination in the manner prescribed under this Clause 20, whichever is earlier (the “Term”).

20.2. Unless otherwise agreed between the Parties in writing to extend the Term, these Terms shall automatically stand terminated the date falling on 3 (three) years from the Effective Date.

20.3. The Terms may be terminated prior to the date falling on 3 (three) years from the Effective Date on the following grounds:-

  1. By mutual written consent of both the Parties;
  2. By the Platform Provider, at its sole discretion, if there has been a breach of any of the terms and conditions of these Terms by the Customer, in the sole opinion of the Platform Provider;

20.4. Upon termination of the Terms in accordance with the provisions of this Clause 20:-

  1. All rights and obligations of the Parties under the Terms shall be extinguished, except that all payment obligations to be made to the Platform Provider shall survive such termination.
  2. The obligations of either Party which, in accordance with the terms of these Terms, have arisen before or arise at or after expiration or termination of these Terms, shall survive the expiration or termination of these Terms, including, but not limited to obligations pertaining to payments, indemnity, confidentiality, notice provisions and governing law/ dispute resolution provisions.
  3. The Platform Provider may suspend and/or terminate the Customer’s right to access the Platform without notice.

21. Representations and Warranties

The Customer hereby represents and warrants that:-

21.1. The Customer is legally capable of entering into and forming contracts and assuming contractual obligations under all Applicable Laws and has all requisite right, power and authority to perform its obligations under the Platform.

21.2. The Customer has read, understood, agrees with, and shall abide by the terms and conditions laid down in these Terms.

21.3. The use of any information or date provided and entered into the Platform by the Customer as contemplated by under these terms and conditions and the Platform shall not infringe upon any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights or rights of publicity.

22. Intellectual Property

22.1. Other than specifically provided in these Terms, no right or license is granted to the Customer under any Intellectual Property of the Platform Provider, including any patent or patent application and no other right or license to use Confidential Information is granted hereby. The aggregation service provided by the Platform Provider to the Customer shall in no manner be construed, in any way to confer/grant/license any right over any Intellectual Property of the Platform Provider.

22.2. All content on the Platform including but not limited to the text, music, sound, photograph, videos, graphics and images are governed and protected by the Indian Copyright Act, 1957 and subsequent amendments, the Trademark Act, 1999 and the subsequent amendments, and other all laws relating to Intellectual Property.

22.3. None of the content on the Platform may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the Platform Provider.

22.4. All Intellectual Property of the Platform Provider used on the Platform (including but not limited to the corporate names and logos of the Platform Provider) are trademarks or registered trademarks of the Platform Provider or its Affiliates. The Customer shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such Intellectual Property of the Platform Provider in any way, including in advertising or publicity or on any other website or network computer environment, without the express prior written consent of the Platform Provider.

23. Links to Third Party Websites

23.1. The Platform may include links to third party websites or payment gateways which are controlled and maintained by third party service providers. The Customer hereby agrees and acknowledges that these links are included solely for the convenience of the Customer and do not constitute any endorsement by the Platform Provider of the sites linked or referred to, nor does the Platform Provider have any control over the content of any such sites, links or webpages.

23.2. The Customer shall not use the name of the Platform Provider or any language, pictures or symbols which could, in the sole discretion of the Platform Provider, imply any endorsement of such third party service providers by the Platform Provider in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without the prior written consent of the Platform Provider.

24. Confidentiality

24.1. During the Term and for a period of 3 (three) years following the expiration or termination of these Terms, the Customer hereby agrees not to disclose any Confidential Information of the Platform Provider without the prior written consent of the Platform Provider.

24.2. The Customer hereby undertakes to prevent the disclosure of Confidential Information to any third party, using the same standard of care that it employs with its own confidential information of similar character. The Customer shall limit internal dissemination of Confidential Information within its own organization to individuals whose duties justify the need to know such information; provided that there is a clear understanding by such individuals of their obligation to maintain the confidential status of such information and to restrict its use solely to the purposes of these Terms specified herein.

24.3. Confidential Information does not include information:

  1. A Party can show to have been in its possession at the time the information was received by it;
  2. Which is publicly available at the time it is disclosed to the recipient by the discloser or which later becomes so available other than as a result of the recipient’s action or inaction;
  3. Which becomes known to the recipient from a third party entitled to possess and share it and whom the recipient does not know, after reasonable inquiry, to be bound by an actual obligation of trust or confidence to the discloser or any other Person with respect to such information;
  4. Which is required to be disclosed under Applicable Law.

24.4. The Parties agree that information will not be regarded as being in its possession or as publicly available because the information could have been assembled from various sources, unless such sources clearly suggest the desirability of the assembly.

24.5. The Customer hereby acknowledges that all Confidential Information and any documents and digital materials setting forth any of the Platform Provider’s Confidential Information will be and remain the property of the Platform Provider with respect to that portion of such document(s) or material(s) that include or reference such Confidential Information.

24.6. The Customer shall ensure that its respective officers, directors, employees, agents and representatives (and any other Person to whom the Customer shall be permitted to provide Confidential Information under the terms of this Clause 24) shall maintain the confidentiality of the Confidential Information provided in accordance with the terms of these Terms and shall be responsible for any breach of this Clause 24 by such parties. Nothing set forth in this Clause constitutes consent by the Platform Provider to disclosure of Confidential Information by the Customer to any third party.

24.7. Upon expiration or termination of these Terms, the recipient of Confidential Information shall promptly return to the disclosing party all originals and copies of the disclosing party's Confidential Information and destroy any materials or data containing or derived there from, including hard copy and electronic records, and will purge from all computer and/or mobile storage devices any images or copies of such Confidential Information and materials (backup copies shall be deleted or destroyed in the ordinary course of business) except that the recipient may retain one (1) record copy of the Confidential Information for legal archival purposes.

24.8. The Platform Provider shall ensure that all Confidential Information pertaining to the money transactions, bank account details and all other personal information of the Customer is protected and kept confidential by employing best available protection standards, which shall be more fully set out in the Terms of Use and Privacy Policy available on the Platform.

24.9. The Customer shall be solely responsible for keeping its login ID, passwords, accounts on the Platform, One Time Password (OTP), verification codes issued by the Platform, if any, any credentials, bank account related details and/or information pertaining to the Customer confidential.

24.10. The Customer hereby agrees and acknowledges that a set of login ID and password is unique to the Customer’s use of the Platform and the Customer shall not share, assign or permit the use of his/its login ID and password to any other Person. The Customer hereby acknowledges that sharing of his/its login ID and password with any other Person (collectively, "multiple use") may cause irreparable harm to the Platform.

24.11. In no event shall the Platform Provider be liable for any Claims or Losses arising out of any unauthorized usage of such Confidential Information.

24.12. If the Customer is a business entity, the Customer hereby agrees that all its officers, employees, agents, representatives and others having access to the login ID and/or password to access the Platform have been duly authorized by the Customer to use the Platform on behalf of the Customer and to legally bind the Customer. The Customer shall be solely responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by the Customer, that access the Platform using the Customer’s login ID and password. The Customer hereby agrees that the Customer shall be the sole beneficial owner of the account created on the Platform in this respect, and conduct business only on behalf of itself.

25. Indemnity

25.1. The Customer hereby indemnifies and keeps indemnified the Platform Provider and their respective Affiliates, officers, directors, employees, contractors, agents and representatives (collectively, “Provider Related Parties” and, individually, a “Provider Related Party”) from and against any and all Losses arising out of, based upon, or resulting from any of the following:

  1. Any breach, default or non-fulfillment by the Customer of any of its covenants, agreements, or other obligations contained in or made pursuant to these Terms (including any failure to make any payments to the Platform Provider and/or the Mechanic under the payment obligations).
  2. Any violation of Applicable Law by the Customer, or any claimed or actual act, omission or negligence of the Customer, its officers, directors, employees, contractors, agents or representatives, whether or not occurring within the scope of their employment, including, without limitation, claims of injury to or death of any Person, damage to property, in each case to the extent related to the transactions contemplated under these Terms or any associated Service Request(s), whether arising under Applicable Law or any associated regulatory scheme.
  3. Any claim of injury or death of any person for which the Customer is obligated to pay and/or to provide to its contractors, agents, representatives or employees worker’s compensation benefits, regardless of the lack of negligence or any wrongful act, or whether such claim arises under product liability, tort, contract, or other Applicable Law.
  4. (iv) Any claim made by the Customer against the Mechanic with regard to any loss caused, or damages incurred by the Customer (including by way of theft of the Vehicle) at the time when the Vehicle was entrusted with the Mechanic for Repair Services or Standard Services.

25.2. The Customer shall be solely responsible for any and all activities that occur under its account on the Platform and hereby indemnifies and keeps indemnified, defends, and holds harmless the Platform Provider for any Loss or liability or expense arising from such use or misuse. The Customer hereby agrees to immediately notify the Platform Provider of any unauthorized use of its account or any other breach of security known to the Customer.

26. FORCE MAJEURE

26.1. The Platform Provider shall not be responsible for any damages or for delays or failures in performance or provision of Repair Service(s) resulting from acts or occurrences beyond its control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any Government Authority or legal body or any representative of any such Government Authority or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to procure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common intermediaries.

27. Disclaimer and Limitation of Liability

27.1. The Customer hereby agrees and acknowledges that the Repair Services provided through the Platform are on "as is" and "as available" basis. The Platform Provider disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

27.2. The Platform Provider makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Repair Services or any other services requested through the use of the Platform, or that the services will be uninterrupted or error-free. The Platform Provider does not guarantee the quality, suitability, safety or ability of any third party providers, including Parts Retailers. The Customer hereby agrees that the entire risk arising out of its use of the Platform, and any service requested in connection therewith, remains solely with the Customer, to the maximum extent permitted under Applicable Law.

27.3. Under no circumstances shall the Platform Provider be liable for any damages that result from the use of or inability to use the Platform, including but not limited to reliance by the Customer on any information or content obtained from the Platform that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, unauthorized access to the Platform Provider’s records, programs, or services, or otherwise.

27.4. In the event of a dispute between the Customer and the Mechanic and/or the Customer and the Parts Retailer, the Customer hereby releases the Platform Provider and its Affiliates, officers, directors, agents, and employees from any Claims, Losses, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

27.5. The Customer hereby agrees and acknowledges that this Clause 27 shall apply to all content, merchandise, and services available through the Platform.

27.6. In no event shall the Platform Provider or any of its Affiliates be liable for any indirect, consequential, special, incidental or punitive damages arising out of the Customer’s access to, or use of, the Platform or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever.

27.7. Except in connection with gross negligence, willful misconduct or a breach of confidentiality under the Terms, the aggregate liability of the Platform Provider for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of these Terms and the Customer’s use of the Platform and the content thereon shall be limited to and shall not exceed Rs. 20,000/- (Rupees Twenty Thousand) in aggregate. The Platform Provider shall be entitled to terminate the Terms with written notice to the Customer if the liability of the Platform Provider under these Terms exceeds the monetary cap specified in this Clause.

28. Taxes

28.1. The Customer shall be liable to bear and pay all applicable Taxes including service tax, gross receipts, excise, occupation, value-added, and other transaction- based taxes, duties, levies, tolls, surcharges and fees that may be imposed in the course of the Repair Services availed from the Mechanic or otherwise arising from any online payment transactions as a result thereof.

29. Amendments

29.1. The Platform Provider shall be entitled to amend, modify, vary the terms of these Terms, including any increase in fees or liability of the Customer at any time during the Term upon written or electronic notice to the Customer, which shall be deemed to have been accepted by the Customer.

29.2. In the event the Customer does not agree to such amendments, modifications, variations, the sole remedy of the Customer shall be to immediately terminate the Terms upon at least 60 (sixty) days prior written notice to the Platform Provider.

30. Governing Law and Jurisdiction

30.1. These Terms are governed by and shall be construed in accordance with the laws of India.

30.2. The Parties agree that the courts and tribunals in Chennai shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms.

31. Dispute Resolution

31.1. Notwithstanding the jurisdiction of the Courts, any disputes arising out of or relating to any matter concerning these Terms or the rights or obligations of the Parties hereunder shall be referred to arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration panel shall consist of a sole arbitrator to be appointed by the Platform Provider (“Sole Arbitrator”). The language of arbitration shall be English. The seat and venue of arbitration shall be Chennai. The award of the Sole Arbitrator shall be final and binding on the Parties. The Customer shall be solely liable to pay all costs and expenses of the arbitration including all legal costs of the Platform Provider.

32. Relationship

32.1. It is clearly understood that the Parties to these Terms have confirmed their acceptance of the Terms on a principal to principal basis. These Terms do not purport to create any agency, partnership or joint venture or any other similar relationship between the Parties. The Vehicle Owner shall be solely responsible for the wages, statutory liabilities and other actions undertaken by its workmen, drivers, officers, directors, employees, contractors, agents or other representatives.

33. Miscellaneous

33.1. Force Majeure: No Party shall be liable to the other if, and to the extent, that the performance or delay in performance of any of its obligations under these Terms is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of such Party, including but not limited to, Government legislations, fires, floods, explosions, epidemics, accidents, acts of God, wars, riots, strikes, lockouts, or other concerted acts of workmen, acts of Government and/or shortages of materials. The Party claiming an event of force majeure shall promptly notify the other Party in writing, and provide full particulars of the cause or event and the date of first occurrence thereof, as soon as possible after the event and also keep the other Party informed of any further developments. The Party so affected shall use its best efforts to remove the cause of non-performance, and the Party shall resume performance hereunder with the utmost diligence when such cause is removed.

33.2. Assignments: The Customer hereby agrees and undertakes that he shall not in any event, assign these Terms nor any interest in it, nor any of the rights hereunder, directly or indirectly.

33.3. No Waiver: The Customer agrees that the failure of the Platform Provider at any time to enforce any of the provisions of these Terms or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of these Terms or any part thereof or the right of Platform Provider to enforce thereafter any such provision.

33.4. Severability: If any provision of these Terms or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent in the eyes of the law for the time being in force and any amendments thereto, the remainder of these Terms and/or the application of any such provision (as the case may be) to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

33.5. Complete Agreement: These Terms contain every obligation and understanding between the Parties relating to the subject matter of these Terms and supersedes all prior discussions negotiations and agreements, if any between them and neither Party shall be bound by any conditions, definitions, understandings, warranties or representations relating to the services other than as expressly provided or referred to in these Terms.

THESE TERMS APPLY TO THE CUSTOMER’S VISIT TO AND USE OF THE PLATFORM THROUGH AN ELECTRONIC DEVICE, AS WELL AS TO ALL INFORMATION, RECOMMENDATIONS AND OR SERVICES PROVIDED TO THE CUSTOMER ON OR THROUGH THE PLATFORM. 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, HOWEVER, ONCE THE CUSTOMER HAS CLICKED ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL HAVE DEEMED TO HAVE GRANTED HIS CONSENT TO BE BOUND BY THESE TERMS AND SHALL BE DEEMED TO HAVE AFFIXED HIS SIGNATURE TO THESE TERMS IN TOTAL AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS MENTIONED HEREIN.

BY CLICKING ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL CONSENT TO BE BOUND BY THESE TERMS. THE CUSTOMER SHALL ENSURE THAT HE HAS READ AND UNDERSTOOD ALL THESE TERMS BEFORE HE USES THE PLATFORM. IF THE CUSTOMER DOES NOT ACCEPT ANY OF THE TERMS, THEN THE CUSTOMER SHALL NOT USE THE PLATFORM OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREUNDER. THE CUSTOMER’S ACCEPTANCE OF THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN THE CUSTOMER AND THE PLATFORM PROVIDER IN RESPECT OF THE USE OF, AND THE SERVICES PROVIDED ON THE PLATFORM.

JOB

AGGREGATE

AC compressor Overhaul

Air Conditioning

Aircompressor Overhaul (incl. machine shop labour)

Brakes

Remove and replacement of Vehicle speed Sensor (brakes)

Brakes

Air leak + Air pipe repair

Brakes

Brake adjustment (6/10/12/14 wheels)

Brakes

Brake chamber remove and replacement (per SBA)

Brakes

DDU remove and replacement

Brakes

Body Work - Dent minor

Cab/Body

Repair door lock

Cab/Body

Clutch Overhaul – Major

Clutch

Clutch Overhaul – Minor

Clutch

Clutch play adjust

Clutch

Head light assy remove and replacement

Electrical

Wiring repair

Electrical

Alternator remove and replacement

Electrical

Battery replacement

Electrical

Cab light replacement

Electrical

Fuel gauge replacement

Electrical

Gauges replacement

Electrical

Head light bulb replacement

Electrical

Starter remove and replacement

Electrical

Switches remove and replacement

Electrical

Wiper motor remove and replacement

Electrical

Adjust Valve Clearance

Engine

Engine mount Replacement – Front

Engine

Engine mount Replacement – Rear

Engine

Engine Overhaul – Minor

Engine

Feed pump remove and repair / replacement

Engine

FIP Remove and replacement

Engine

Fuel tank remove and replacement

Engine

Head gasket replacement

Engine

Idling adjust

Engine

Injector remove and replacement

Engine

Oil seal change - Engine (Front)

Engine

Oil seal change - Engine (Rear)

Engine

Radiator remove and replace

Engine

Water pump remove and replacement

Engine

Accelerator cable remove and repair / replacement

Engine

Air cleaner replacement

Engine

Coolant hose replacement

Engine

Diesel filter replacement

Engine

Engine oil Service

Engine

Fan belt remove and replacement

Engine

Fan remove and replacement

Engine

Oil sump remove and replacement

Engine

Replace fuel hose

Engine

Replace valve cover gasket

Engine

Thermostat remove and replacement

Engine

Turbo remove and replacement

Engine

Engine Overhaul – Major

Engine

Beam bent check and remove incl R&R axle beam

Front Axle

Brake Lining replacement (2/4 hubs)

Front Axle

Hub Greasing (2/4 hubs) Front axle

Front Axle

King pin Overhaul

Front Axle

Slack adjuster remove and replacement

Front Axle

Brake drum remove and replacement (2/4 wheels)

Front Axle

Gear lever repair

Gearbox

Remove and replacement of Vehicle speed Sensor (Gearbox)

Gearbox

Gear Box oil refill

Gearbox

Gear Box top overhaul

Gearbox

Gearbox Overhaul (6 speed)

Gearbox

Lift axle link rod adjustment

Lift Axle

Chassis greasing

Machining/ Repair / Labor Jobs

Center joint rubber replacement

Propeller Shaft

UJ Cross remove and replacement

Propeller Shaft

Hub Greasing (2/4/6 hubs) Rear axle

Rear Axle

Lining replacement (2/4/6 hubs)

Rear Axle

RA oil seal replacement

Rear Axle

Axle packing replacement

Rear Axle

Rear Axle oil refill (single/double/triple axle)

Rear Axle

Rear Axle / Crown Overhaul (single/double/triple axle)

Rear Axle

Steering pump remove and replacement

Steering

Steering box remove and replacement

Steering

Steering column repair

Steering

Steering hose replacement

Steering

Steering oil replacement

Steering

Leaf spring remove and replacement (one/two side)

Suspension

*Can be changed from time-to-time and communicated to mechanics accordingly

Annexure B – List of Aggregates

  1. Brakes
  2. Bodywork
  3. Clutch
  4. Electrical
  5. Engine
  6. Propeller Shaft
  7. Axle
  8. Gearbox
  9. Machining / Labor jobs
  10. Steering
  11. Suspension

Footer