Ashok Leyland Limited (“the Platform Provider”, “we”, “us”, “our” or “Company”) is the owner, proprietor and operator of the‘ServiceMandi’ website www.servicemandi.com and mobile application available on the Google Play Store (“Platform”). The Platform Provider inter alia provides a digital online meeting place where the customers, i.e. vehicle owners/drivers may engage the services of various mechanics listed on the Platform across pan India for servicing and repairs of their vehicles and other services in relation thereto as detailed on our Platform.
1. Limited License
The Platform Provider grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Platform for you to use the services listed on our Platform across India for servicing and repairs of vehicles and other related services through our Platform, strictly in accordance with our Legal Terms.
2. Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Platform are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by the Platform Provider. Nothing on our Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Platform, without the prior written permission of the Intellectual Property owner. The Platform Provider aggressively enforces its intellectual property rights to the fullest extent possible under the law. The names and logos of the Platform Provider, may not be used in any way, including in advertising or publicity pertaining to distribution of materials or provision of any services on our Platform, without prior, written permission from the Platform Provider. The Platform Provider prohibits use of any logo of the Platform Provider or any of its Affiliates as part of a link to or from any Platform unless the Platform Provider approves such link in advance and in writing. Fair use of the Platform Provider’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned on our Platform may be the Intellectual Property of their respective owners.
3. Links to Third-Party Websites
Our Platform may contain links to websites owned or operated by parties other than the Platform Provider. Such links are provided for your reference only. The Platform Provider does not monitor or control outside websites and is not responsible for their content. The Platform Provider’s inclusion of links to an outside website does not imply any endorsement of the material by our Platform or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the Platform Provider’s inclusion of the links imply that the Platform Provider is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
4. Content Disclaimer
The Platform Provider is entitled to post on our Platform at such times as the Platform Provider determines in its discretion. You should not assume that the information contained on our Platform has been updated or otherwise contains current information. The Platform Provider does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.
THE INFORMATION AND MATERIALS IN OUR WEBSITE AND OUR MOBILE APP ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
5. Service Provider Disclaimer
You understand that we offer the repair services of mechanics across India for the purpose of servicing and repairing commercial vehicles through our Platform. You acknowledge that we are not mechanics or service providers nor do we offer any repair services and/or sale of any spare parts or components. You acknowledge that we do not endorse any specific mechanic or service provider or manufacturer of spare parts and other vehicle components as being better than another. We do not otherwise guarantee the quality of any repair services and/or the any spare parts or vehicle components availed/purchased by you from any mechanic, spare parts retailer, dealer and/or manufacturer listed on our Platform. You will at all times look to any mechanic, spare parts retailer, dealer and/or manufacturer that you select for vehicle repair services/spare parts supply as to any deficiency, queries, claims, losses, etc. related to such services.
6. No Warranties; Exclusion of Liability; Indemnification
OUR MOBILE APP IS OPERATED BY ASHOK LEYLAND LIMITED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR OUR MOBILE APP AND ANY PRODUCTS AND SERVICES YOU PURCHASE THROUGH IT. THE PLATFORM PROVIDER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR MOBILE APP, FOR PRODUCTS OR SERVICES SOLD/PROVIDED THROUGH OUR MOBILE APP, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR MOBILE APP OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR MOBILE APP. YOUR USE OF OUR MOBILE APP AND ANY PARTS, PRODUCTS, COMPONENTS PURCHASED OR SERVICES AVAILED ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE PLATFORM PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR MOBILE APP, ANY PARTS, PRODUCTS, COMPONENTS PURCHASED OR SERVICES AVAILED OR PURCHASED THROUGH OUR MOBILE APP, THE DELAY OR INABILITY TO USE OUR MOBILE APP OR OTHERWISE ARISING IN CONNECTION WITH OUR MOBILE APP, ANY PARTS, PRODUCTS, COMPONENTS PURCHASED OR SERVICES AVAILED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE PLATFORM PROVIDER BE LIABLE FOR ANY CLAIM OR LOSS FOR THE TRANSACTION GIVING RISE TO SUCH CLAIM OR LOSS.
WITHOUT LIMITING THE FOREGOING, THE PLATFORM PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE MOBILE APP IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT AT ALL TIMES, YOU WILL LOOK TO THE MECHANICS, SPARE PARTS RETAILERS, DEALERS AND/OR MANUFACTURERS FROM WHOM YOU PURCHASE/AVAIL ANY GOODS AND/OR SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. THE PLATFORM PROVIDER AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT ANY PRODUCTS, PARTS, COMPONENTS AND/OR SERVICES OFFERED THROUGH OUR MOBILE APP.
THE PLATFORM PROVIDER MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR MOBILE APP ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
You hereby agree to defend, indemnify and hold the Platform Provider harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Platform or any products, parts, components and/or services you purchase or avail through it.
By using our Services, you understand and acknowledge that you will be providing us with personal data, personally identifiable information and other information through our Platform (“User Content”) and provide your consent to us for utilizing the User Content in order to enhance the Services offered to You.
We are committed to ensuring that the User Content shared by You is protected and kept confidential using some of the best data protection and encryption standards.
1. Information Collection and Usage
We believe that Your right to privacy is of utmost importance. We do not collect your personally identifiable information without obtaining Your prior consent. We strive to keep confidential, any and all personally identifiable information that identifies an individual whether or not it relates to an individual’s past, present, or future. We collect information solely for the purposes of providing the Services, marketing and promoting our Services to you and in order to enhance and improve the Services offered to you. In order to improve the Services offered to you and to provide you with a better user experience, we may collect personal information and non-personal information (collectively “Information”) including but not limited to the following:
- profile information voluntarily submitted by you for the purposes of registering with us in order to utilize the Services (eg. first and last name of user, contact number of user, bank account details of user and other KYC details/documents as required);
- data and information in relation to your vehicle, as voluntarily submitted by you while utilizing the Services;
- phone call data (related to the Platform team/ customer care), including the date and time of the phone call or SMS message, the parties’ phone numbers, and the content of the SMS message since our Services facilitate communications between the users;
- precise location data of each of the users, precise location of your device when the Platform is running in the foreground or background of the device, or your approximate location from your IP address;
- any other transaction details related to your use of our Services, including the type of service requested, date and time the Service was provided, amount charged under the Platform, and other related transaction details;
- web logs recording data pertaining to you once you have utilized the Services, including but not limited to Internet Protocol (“IP”) address information, operating system information, the date and time of your utilization, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, web history and information pertaining to the device by way of which you have utilized the Services, and other such information;
- Once you have utilized the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and shall include data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by the Platform ("device identifiers");
- device identifiers may deliver to us or to our third party partners, information pertaining to how you browse and use the Services and may help us or others provide reports or personalized content and ads; and
- any other User Content voluntarily submitted by you].
In addition to some specific uses of Information as described in these Terms or the Terms & Conditions, we may use the Information in order to:
- remember your information so as to save you the time of having to re-enter it during your next visit to the Platform;
- test, improve and monitor the effectiveness of the Services enjoyed by you;
- provide personalized and custom picked information and content to you, including advertisements and marketing campaigns;
- develop, test and enhance new features to be included in the Services, in order to better serve you;
- diagnose or fix issues or problems with the Platform or the Services offered to you;
By using the Platform or any of the Services offered to you, you have provided your express consent to us for collecting the Information and using the Information for the purposes of enhancing the Services. Kindly note that we provide you the opportunity to ‘opt out’ of receiving direct marketing or market research information by emailing us at email@example.com
2. Cookies and Internet Tags
A cookie is a small piece of information which is sent to your computer or your mobile phone. Cookies do not cause any damage or harm to your device. You can accordingly set the browser on your electronic device to notify you upon receiving a cookie. This will enable you to decide if you want to accept such a cookie or not. If you do not accept cookies, you may not be able to use all functionality of the Platform or the Services offered by us. We may use and install ‘cookies’ in order to collect and process information about your use of the Services, such as the site pages you visit, web history and search history. Such information is used by us to help improve the contents of the Platform and the Services and to compile accurate statistics about the usage of our Platform and the Services for internal purposes and for the purpose of enhancing the Services offered to you. We may obtain the services of outside parties to assist us in collecting and processing information collected through cookies.
We may also use internet tags (also known as action tags, web beacons, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) and cookies through the Services and may deploy these tags/cookies through a third-party advertising partner or a web analytical service partner which may be located and may store the respective information (including your IP address) in a foreign country. These tags/cookies may be placed both on online advertisements that bring users to the Services and on different pages of the Platform. Such third-party partner or service partner may be able to collect data about visitors to the Platform and other sites because such internet tags/cookies, may compose reports regarding the website’s activity for us and may provide further services which are related to the use of the Site and the internet. They may provide such information to other parties if there is a legal requirement that they do so, or if they hire the other parties to process information on their behalf.
3. Mobile Devices
When you download or use the Platform or any other applications created or developed by us (e.g., to deliver the Services), we may receive information about your location and other information about your mobile device, including the unique identifier for your device. We may use this information in order to enhance the Services offered to you and also to provide you with location-based services, such as search results and other personalized content. Most mobile devices allow you to turn off location services and you will be able deactivate this feature, however you will be unable to use all the functionality of the Services.
4. Non-Personal Data
We may use non-personal information to analyze data into useful information. This process of data mining is done in the aggregate, is non-personal, and allows the Platform Provider to find correlations and patterns in the data.
We do not provide any personal information to third party sites that display our interest-based ads. However, third parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.
5. Sharing of Information
For example: your IP address may be used to estimate your location and personalize your experience with the Services; we may share information such as IP address, user name, email address and cookie and web beacon information with third parties in order to tailor advertising to our various market segments; aggregate data about IP addresses, pages loaded, time to load pages and errors encountered may be used by third-party performance monitoring and improvement products.
The Platform Provider, its Affiliates or its Service Providers may be required to disclose information, as described in the section below entitled ‘Disclosures Required under Applicable Law’.
6. Storage of Information
We use account information in a password-protected environment as a security measure to protect your data. We use administrative, physical and technical safeguards to protect your information. We maintain a high level of data protection via safeguards such as data backup, audit controls, access controls, and some data encryption. Our Platform and the Services use industry standard TLS encryption to enhance security of electronic data transmission of your information Our Service Provider and payment partner, Avenues India Pvt Ltd, or any other payment partner who shall provide payment gateway services from time to time, will maintain all applicable PCI DSS requirements to the extent that it has access to, or otherwise stores, processes or transmits cardholder data. Our payment partner is responsible for ensuring the security of your debit card/ credit card/ online wallet /cardholder data that may be stored, processed, or transmitted on you enjoying the Services.
The information may be stored and processed in India or any other country wherein the Platform Provider, its Affiliates or Services Providers (as the case may be) have operations and by way of registering for and using the Services, you have consented to the transfer of your information to jurisdictions outside India. Kindly note that your information may be transferred or transmitted to jurisdictions outside India that may not have the same data protection laws as India. If you consider it necessary, you may appoint and consult a legal practitioner is such jurisdictions in order to gain clarity regarding the data protection laws in such jurisdictions.
In addition, we urge you to take precautionary measures in maintaining the secrecy and integrity of your data. If you use our Platform or Services (as the case may be) through any other potentially non-secure internet connection, such use is at your own risk. Please be responsible in making sure no one can see or has access to your personal account and log-in/password information. If you use a public computer, e.g., at a library or a university, always remember to log out of the Platform or Services (as the case may be).
7. De-Authorization and Ability to Delete your Account Information
You may request to delete any personal information and to de-authorize the collection of personal information in the future by sending us an email at firstname.lastname@example.org
8. Third Party Sites/Trusted Relationships
9. Disclosures Required Under Applicable Laws
We disclose personally identifiable information about you as required or permitted by applicable law, including complying with legal process (for example, we may disclose your information in response to a legal request if we have good faith belief that the law requires us to do so). We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities and may, in our sole discretion, disclose personal information or other information to satisfy any applicable laws, regulations, or government requests. We reserve the right to release personal information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Legal Terms, even without a warrant or court order, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate our web site or to protect our rights or property, or that of our affiliates, or our officers, directors, employees, agents, third-party content providers, suppliers, sponsors, or licensors. We also reserve the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful or illegal. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.
11. Contact Us