Loading …
Terms And Conditions for the use of Motofix Garage Services platform ( includes website and mobile application ) named ‘ My Motor Garage ‘ and services through platform
Certain features of website and mobile application may be subject to additional Guidelines, Terms and Conditions of Use or Rules which is and will be posted on the website and mobile application in connection with such features.
All such additional Guidelines, Terms and Conditions or Rules are incorporated by reference into these Terms And Conditions for use.
These Terms And Conditions of use described the legally binding Terms And Conditions that oversee Your use of website and mobile application. By logging into website and mobile application, You are being compliant that these Terms And Conditions and You represent that You have the authority and capacity to enter into these Terms And Conditions. You should be at least 18 years of age to access to the website and mobile application. If You disagree with all of the provision of these terms and conditions of use, do not log into and/or use of our product ( website and mobile application ).
All or any dispute arising out or touching upon or in relation to Terms And Conditions of this agreement, including the interpretation and validity of the terms thereof and the respective rights and obligation of the parties, shall be settled amicably by mutual discussion.
MOTOFIX GARAGE SERVICES PRIVATE LIMITED ( ‘ My Motor Garage’ ) deals only in the work of IT and telecommunication services and support in automobile sector ( two and four wheeler’s service centers or garages or mechanics and other related service centers).
MOTOFIX GARAGE SERVICES PRIVATE LIMITED website and mobile application is located at www.mymotorgarage.com is a copyrighted work belonging to MOTOFIX GARAGE SERVICES PRIVATE LIMITED.
Some used words in this agreement of ‘Terms and Conditions of use ‘ have some meanings defined under some conditions. These definitions shall have the same meaning regardless of whether they appear in singular or in plural.( Please refer “Interpretation & Definitions” in privacy policy)
Access to website and mobile application
Subject to these Terms And Conditions : Company grants You a non-transferable, non-exclusive, revocable, limited license to access the website and mobile application solely for Your own personal, non-commercial use.
Certain Restriction : The rights approved to You in these Terms And Conditions are subject to the following restrictions: (a) You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website and mobile application (b) You shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website and mobile application (c) You shall not access the website and mobile application in order to build a similar or competitive website and mobile application and (d) except as expressly stated herein, no part of the website and mobile application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the website and mobile application shall be subject to these Terms And Conditions of use. All copyright and other proprietary notices on the website and mobile application must be retained on all copies thereof.
No Support or Maintenance: You agree that Company will have no obligation to provide You with any support in connection with the website and mobile application. Excluding any User Content and Activities that You may provide, You are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and mobile application and its content are owned by Company . Note that these Terms And Conditions and access to the Website and mobile application do not give You any rights, title or interest in or to any intellectual property rights, except for the limited access rights.
Company reserves the right to change, suspend, or cease the website and mobile application with or without notice to You. You approved that Company will not be held liable to You or any third-party for any change, interruption, or termination of the website and mobile application or any part.
User Content and Activities
Use of MOTOFIX GARAGE SERVICES PVT. LTD. ( ‘My Motor Garage’ ) Platform ( includes website and mobile application ) and it’s services from users .
"User Content and Activities” means any and all information and content that a user submits to the website and mobile application, any and all operations that a user performed on or through website and mobile application. any and all operations that a user performed on or through website and mobile application with Subscribed Service Centers. You are exclusively responsible for your User Content and Activities ( User’s performed operations and User’s performed operations with Subscribed Service Center OR any third party service providers available on our platform). You bear all risks associated with use of your User Content and Activities. You hereby certify that your User Content and Activities does not violate our Acceptable Use Policy and Terms And Conditions for use. You may not represent or imply to others that your User Content and Activities is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content and Activities, you may expose yourself to liability. Company is not obliged to backup any User Content and Activities that you post; also, your User Content and Activities may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content and Activities if you desire.
By using our platform, Users can get their vehicle serviced and repaired and enjoy benefits of great features and services provided by subscribed service providers and company as well.
As company provided open IT enabled platform where users can access and use services through company’s website and mobile application. Users must have create their account on company’s platform (Product including website and mobile application ) by completing registration and verification process. You should remember Your all account related information like user id, password and etc. We are not responsible or liable for any loss, unauthorized access or use of Your account and any other breach regarding You or company.
Use of MOTOFIX GARAGE SERVICES PVT. LTD. ( ‘My Motor Garage’ ) Platform (Product including website and mobile application and application) and it’s services from subscribed service centers / providers
"User Content and Activities" means any and all information and content that a subscribed service center / provider submits to the website and mobile application, any and all operations that a subscribed service center / provider performed on or through website and mobile application, any and all operations that a subscribed service center / provider performed on or through website and mobile application with users / other users. You are exclusively responsible for your User Content and Activities (subscribed service center / provider ‘s performed operations and subscribed service center / provider’s performed operations with users / other users OR any third party service centers / providers available on our platform). You bear all risks associated with use of your User Content and Activities. You hereby certify that your User Content and Activities does not violate our Acceptable Policy Use and Terms And Conditions for use. You may not represent or imply to others that your User Content and Activities is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content and Activities, you may expose yourself to liability. Company is not obliged to backup any User Content and Activities that you post; also, your User Content and Activities may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content and Activities if you desire.
As company provided open IT enabled platform where subscribed service providers can access, use and provide services through company’s website and mobile application. Subscribed service centers / providers must have create their account on company’s platform (Product including website and mobile application) by completing registration and verification process to provide vehicle service and repair related services to users. You should remember Your all account related information like user id, password and etc. We are not responsible or liable for any loss, unauthorized access or use of Your account and any other breach regarding You or company.
You ( both users and subscribed service centers / providers ) hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Activities, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content and Activities in the Website and mobile application. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content and Activities.
Booking for service and repair
Job of booking for service can either be done by user himself and by company for user on behalf of user. User must have choose or select Mechanic/ Garage or Garage Owners/ Service Center or Service Center’s owner and their staff according to their convenience otherwise can ask company to appoint for their vehicle service and repair. In the procedure of selecting and appointing of Mechanic/ Garage or Garage Owners/ Service Center or Service Center’s owner and their staff either by user or company, some Personally identifiable information will be exchanged between user and subscribed service center / provider. Exchange of any kind of Personally identifiable information with other required information between user and subscribed service center / provider is only for the purpose of providing Vehicle Services like SERVICE and REPAIR, door-step service Pick-up / drop and other vehicle related services and support. Exchange of all kind of information is done with your consent and you are agreed for it to get services company offered through it’s platform.
Mechanic / Service center owner / Garage owner and their staff should be friendly and collaborative with users / customers
Mechanic / Service center owner / Garage owner and their staff should provide their services with integrity and respect towards customers.
Company won’t allow any kind of wrong or aggressive or abusive or discriminatory behavior, harassment or victimization of users /customers from Mechanic / Service center owner / Garage owner and their staff
Company won’t allow to Mechanic / Service center owner / Garage owner and their staff to perform any kind activities which goes against company and it’s policies.
Violation of Any one of above will lead to suspension and deactivation of Mechanic / Service center owner / Garage owner and their staff account permanently from our portal.
Payment, offers and discount, etc.
MOTOFIX GARAGE SERVICES PVT. LTD. ( ‘My Motor Garage’ ) don’t charge to users for any kind of use or services they obtain, as we don’t operate or exist on ground in any kind of activity or any kind of vehicle mechanical work or any physical involvement with any subscribed service center / provider or on own. Payment or fees can be paid directly to subscribed service center / provider through online or offline mode for the work / services user received. Payment or fees or costs for services may included some taxes. Subscribed service center / provider must have to pay subscription fees on basis of 3, 6, and 12 months duration as they are offering or providing services to users through or by using our platform. Users can use offers and discount provided by subscribed service center / provider and company as well which will be used for vehicle service and repair.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Website and mobile application to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Website and mobile application any software intended to damage or alter a computer system or data; (ii) send through the Website and mobile application unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Website and mobile application to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website and mobile application, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website and mobile application, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website and mobile application; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website and mobile application, or to generate automated searches, requests, or queries to the Website and mobile application.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms and Conditions for Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the website and mobile application, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Website and mobile application, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Liability
As we mentioned above, MOTOFIX GARAGE SERVICES PRIVATE LIMITED deals only in the work of IT and telecommunication service and support in automobile sector.
MOTOFIX GARAGE SERVICES PRIVATE LIMITED has made a platform( product includes website and mobile application ) named “ My Motor Garage “ and can be located at www.mymotorgarage.com. With the help of or by using this platform over the internet, users / customers and subscribed service centers shall connect with each others to provide and obtain or get services related to vehicle repair and service. All Subscribed Service Centers are third party or independent and they list themselves on our portal by paying subscription charges or fees for or to get or bring their businesses online and use or access platform’s services to grow their businesses online. All subscribed service centers and their staff provides services independently or on their own. MOTOFIX GARAGE SERVICES PRIVATE LIMITED ( ‘ My Motor Garage’ ) don’t provide any type of vehicle service and repair, we are not involved in any type of physical operation regarding vehicle service and repair, we are not involved in any type of mechanical work with subscribed service centers and their staff.
In no event shall company be liable to users for any loss ( physical or mechanical or both ), lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the website and mobile application even if company has been advised of the possibility of such damages. Access to and use of the website and mobile application is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Terms And Conditions and Termination. Subject to this Section, these Terms And Conditions will remain in full force and effect while you use the website and mobile application. We may suspend or terminate your rights to use the website and mobile application at any time for any reason at our sole discretion, including for any use of the website and mobile application in violation of these Terms and Conditions. Upon termination of your rights under these Terms And Conditions, your Account and right to access and use the website and mobile application will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
Copyright policy
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our website and mobile application, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online website and mobile application who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our website and mobile application, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us:
• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website and mobile application. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website and mobile application. These changes will be effective immediately for new users of our website and mobile application. Continued use of our website and mobile application following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms And Conditions of use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Motofix Garage Services Private Limited. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any decided and formed/informed deadline
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Electronic Communications. The communications between you and Company use electronic means, whether you use the website and mobile application or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms and Conditions. These Terms and Conditions constitute the entire agreement between you and us regarding the use of the website and mobile application. Our failure to exercise or enforce any right or provision of these Terms and conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and conditions are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms and conditions is held to be invalid or unenforceable, the other provisions of these Terms and conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms and conditions The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. As our ‘ Privacy Policy ‘ is incorporated in this agreement of ‘ Terms and Conditions ‘ of Use so Please read our Privacy Policy carefully
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information : contact@mymotorgarage.com
Feel free to contact on above email for any query or question about this agreement.