Mech Buddy (Sibey IndiaPvt Ltd) , incorporated under Companies Act 2013, registered office of the company situated in H/no-1304 Saidham Nanak Nagar Manegao Ranjhi, Jabalpur, Madhya Pradesh (482005), operating under trademark name 'MECH BUDDY'. The use and access of website www.mech-buddy.in ('Website') and mobile application [name] ('Application') or any product or service connected to website or application “Service”, shall be governed by these terms and conditions ('TERM'). The Website and Applications are together called the “Platform”.

DEFINITION

• ● Company

  For the purposes of this Terms of Service, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Application and Website.

• ● User

  For the purposes of this Terms of Service, wherever the context so requires, “You”, “Your”, “Yourself” and “User”, shall mean and refer to natural and legal individuals who shall be users of this Application and Website provided by Us and who is competent to enter into binding contracts, as per law.

• ● Service

  Means services provided through the Platform, as described in further detail under service clause below.. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.

• ● Content

  Will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. ' Your Content' or 'User Content' means Content that you upload, share or transmit, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. 'MECH BUDDY' means Content that the Company creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content.

• ● Third Parties

  Pertains to all legal entities, whether individual or corporate, that are associated with the Application and Website, with the exception of the Users and the Application and Website's owners.

• ● Vendor

  Refer to the mechanics, spare parts, and accessory manufacturers providing services through us.

• ● Subscription

  A subscription refers to a contractual agreement between the service provider and the user, where the user (the subscriber) agrees to pay a recurring fee (or other form of compensation) to gain access to certain products, services, or content provided by the service provider. The terms of a subscription typically outline:

  • ● The scope of services provided.
  • ● Duration of the subscription.
  • ● Renewal and cancellation policies.
  • ● Any obligations or restrictions on usage.
  • ● Any obligations or restrictions on usage.

• ● Subscriber

  A subscriber is the individual or entity that enters into a subscription agreement with the service provider. By subscribing, the subscriber agrees to:

  • ● Pay the agreed-upon fee or compensation in exchange for access to the services or content.
  • ● Abide by the terms and conditions of the subscription, including rules regarding usage, renewal, and termination.
  • ● Take responsibility for actions or usage under their account.

SERVICES

The Platform facilitates interaction and engagement between mechanics, manufacturers, distributors, dealers, retailers, and end-users across various segments of the automobile industry. To achieve this objective, the Platform collects and processes data and information provided by users. Through the use of proprietary algorithms, the Platform analyses such data to curate and deliver tailored recommendations regarding products and services that align with the user's individual profile, preferences, and expressed interests.

REGISTRATION

• ● Registration on the Application and Website is mandatory for Users of the Application and Website. The Users can register by providing the following information:

  • Name
  • Location
  • Mobile Number
  • Email ID

ELIGIBILITY

• ● You hereby represent and warrant that you possess the legal capacity and are fully competent and qualified to enter into legally binding agreements, being of sufficient legal age and sound mind, and that you have the requisite authority to bind yourself to these Terms of Service in accordance with the applicable laws and regulations. In the event that you are a minor accessing and utilizing this Application and Website, such usage must be conducted with the express consent and under the supervision of your legal guardian, and all acts performed by the minor shall be deemed to have been carried out under the oversight of said legal guardian.

• ● Furthermore, you represent and affirm that you shall adhere to and comply with these Terms of Service, as well as all relevant local, state, national, and international laws, rules, and regulations that may apply.

• ● You are expressly prohibited from utilizing the Application and Website if you lack the requisite legal capacity to enter into a contractual agreement or if you are otherwise disqualified from doing so under any applicable law, rule, or regulation currently in effect.

CONTENT

• ● All content available on the Application and Website is the subject of copyright protection and may not be reused, reproduced, distributed, or otherwise utilized by any individual or entity (including third parties) without the prior explicit written authorization from the Company and the relevant copyright holder. Any unauthorized use of such content, in any form or manner, is strictly prohibited and constitutes a violation of applicable copyright laws.

• ● You bear the sole responsibility for ensuring the integrity, authenticity, accuracy, and genuineness of any content you submit or provide via the Application and Website. Although you are permitted to offer feedback, commentary, or remarks through the Application and Website, the Company disclaims any and all liability in relation to the feedback, comments, or opinions expressed by other users, as well as any statements made concerning the content hosted on the Application and Website. The Company retains the absolute and exclusive discretion to suspend or terminate the account of any user determined to have created, distributed, or submitted content that is found to be false, inaccurate, misleading, defamatory, offensive, vulgar, or otherwise inappropriate.

• ● You shall be solely and fully liable for compensating the Company and/or any other affected parties for any financial, reputational, or legal harm arising from the creation, dissemination, or submission of any content deemed to be false, inaccurate, misleading, defamatory, offensive, vulgar, or otherwise in violation of applicable laws.

• ● A personal, non-exclusive, non-transferable, revocable, and limited license is hereby granted to you to access and view the content available on the Application and Website. However, you are strictly prohibited from copying, adapting, modifying, reproducing, or otherwise exploiting the content in any manner without obtaining the express written permission of the Company. Any breach of this provision may result in legal consequences and the immediate revocation of access rights.

USE OF SERVICE

• ● To access certain functionalities of the Platform, the creation of a user account is mandatory. The collection, storage, and use of any personal data provided during the account registration process shall be governed in strict accordance with the Company’s Privacy Policy, which is available for review on our mobile application and website

• ● To access certain functionalities of the Platform, the creation of a user account is mandatory. The collection, storage, and use of any personal data provided during the account registration process shall be governed in strict accordance with the Company’s Privacy Policy, which is available for review on our mobile application and website

• ● Upon successful registration, certain Services will be provided to you at no cost. These complimentary Services shall include, but are not limited to, the following:

  • ➔ Facilitating the search for service providers in the automotive repair and servicing sector.
  • ➔ Granting access to comprehensive profiles of service providers, inclusive of their pricing structures and customer ratings.
  • ➔ Enabling users to submit feedback and ratings for service providers they have engaged through the Platform.

OPERATION

The Company retains the sole and exclusive right to alter, suspend, or permanently discontinue the operation of the Application, Website, or any of their constituent components, including but not limited to specific features and functionalities, at any time and without prior notice. The Company shall not be liable for any consequences arising from such modifications, suspensions, or discontinuations.

INDEMNITY

• ● You hereby agree to indemnify, defend, and hold harmless the Company, along with its directors, officers, employees, agents, and representatives (collectively referred to as the 'Indemnified Parties'), from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses, including but not limited to legal fees and associated charges, arising directly or indirectly from your breach or failure to comply with any representations, warranties, covenants, or obligations set forth in these Terms of Service.

• ● Furthermore, you agree to indemnify and hold harmless the Indemnified Parties from any claims, liabilities, or damages asserted by third parties, including but not limited to those arising out of or relating to:

  • ➔ Your use of the Application and Website;
  • ➔ Any violation by you of these Terms of Service;
  • ➔ Any infringement or violation by you of the rights of other users, third parties, or any other Parties;
  • ➔ Any conduct or behavior that is deemed inappropriate or unlawful under these Terms of Service; and
  • ➔ Any actions or activities undertaken by you in connection with your access to or use of the Application and Website.

LIMITATION OF LIABILITY

This Limitation of Liability clause delineates the extent to which Mech Buddy, including its directors, officers, employees, agents, and affiliates (collectively referred to as 'the Company'), may be held liable for any damages or claims arising from the use of its application, website, or services.

• ● Exclusion of Liability for Damages:

  The Company expressly disclaims any and all liability for damages, whether direct, indirect, incidental, special, consequential, exemplary, or punitive, that may result from your use of the application, website, or services. Such damages may include, but are not limited to, loss of profits, loss of data, loss of business opportunities, or other intangible losses, irrespective of whether such damages were foreseeable or whether the Company had been advised of the possibility thereof.

• ● Limitation of Liability to Court Orders:

  The Company shall only be held liable for damages or claims that have been conclusively established by a non-appealable order of a court of competent jurisdiction. Until and unless such a final court order is issued, the Company cannot be deemed liable for any claims, damages, or losses.

• ● Specific Scenarios Covered:

  Without limiting the generality of the foregoing, the Company shall not be liable for any damages arising from:

  • ➔ use the application, website, or services;
  • ➔ Unauthorized access to, alteration of, or theft of user data;
  • ➔ The conduct or content of third parties on the platform;
  • ➔ Errors, inaccuracies, or omissions in the content provided through the platform;
  • ➔ Interruptions or delays in the availability of the services;
  • ➔ The transmission of harmful code, including but not limited to viruses, malware, or spyware.

• ● Maximum Aggregate Liability:

  In the event that liability is established by a final, binding, and non-appealable court order, the Company's total aggregate liability shall be strictly limited to a refund of the amount charged to the customer for the specific transaction giving rise to the claim. This serves as the maximum financial exposure of the Company under such circumstances.

• ● Exclusion of Indirect or Consequential Damages:

  Under no circumstances shall the Company be liable for any indirect, special, consequential, exemplary, punitive, or incidental damages, whether arising in contract, tort (including negligence), or otherwise. This includes, but is not limited to, damages relating to the loss of profit, business reputation, goodwill, or any other commercial or economic loss.

• ● No Waiver for Failure to Enforce Terms:

  The failure by the Company to enforce any provision or right under these terms within a specified period shall not be construed as a waiver of such provision or right. The Company reserves the right to enforce any provision or exercise any right at any time, regardless of any prior delay or forbearance.

SUSPENSION OF USER ACCESS/ ACTIVITY

• Company's Right to Terminate:

  The Company reserves the exclusive right, exercisable at its sole discretion, to suspend or terminate your access to the platform or any services provided therein at any time and for any reason, including but not limited to the following:

  • ➔ Your failure to meet or maintain the eligibility criteria as stipulated in these Terms;
  • ➔ Your violation or suspected violation of these Terms of Service (including the Privacy Policy) or any other applicable policies;
  • ➔ Any conduct that, in the Company's judgment, constitutes a breach of these Terms or poses a risk to the integrity, security, or reputation of the platform.
  Except as expressly provided in these Terms, the Company retains all rights, titles, and interests in and to the platform and services, and no additional rights or licenses are granted beyond those expressly provided herein.

• ● Post-Termination Restrictions:

  In the event that your account is suspended (either temporarily or permanently) or terminated, you are strictly prohibited from continuing to access or use the platform in any capacity, including but not limited to:

  • ➔ Using the platform under the same account;
  • ➔ Registering for or using the platform under a different account;
  • ➔ Re-registering for the platform by creating a new account under a different identity.
  Upon termination of your account, all data, messages, and materials stored on the platform will be irreversibly deleted, and you will forfeit any and all rights to access such content post-termination.

• ● User's Right to Terminate:

  You retain the right to terminate this agreement at any time and for any reason. However, any obligations, liabilities, or duties (including, but not limited to, outstanding payments) that were incurred prior to the date of termination shall survive the termination. Accordingly, you remain responsible for any financial or other obligations arising before the termination date.

• ● Continuing Effect of the Terms:

  These Terms shall remain in full force and effect unless and until either you or the Company terminates this agreement. In the event that you fail to comply with these Terms, or if the Company reasonably suspects that you have breached these Terms, the Company reserves the right to terminate your account and access to the platform without prior notice. Notwithstanding such termination, you shall remain liable for any amounts due or any obligations incurred up to and including the date of termination.This provision grants the Company broad discretion to suspend or terminate user access to its platform and services without incurring any liability. It also ensures that user obligations, such as financial liabilities and legal responsibilities, survive termination and continue to be enforceable.

CANCELLATION AND REFUND

• ● Detailing Services

  • ➔ Advance Payment Requirement: An advance payment of forty percent (40%) of the total service cost is mandatory prior to the commencement of the detailing service.
  • ➔ Final Payment: The remaining balance must be settled in full prior to the delivery of the serviced vehicle.
  • ➔ Cancellation Policy: Should the customer elect to cancel the service after work has commenced, “Advance Payment” will be taken as cancellation charges.
  • ➔ Post-Warranty Disclaimer: The service provider shall not assume responsibility for any damages that occur after the expiration of the warranty period.
  • ➔ Liability for Customer-Induced Damages: No refund or compensation shall be granted for damages caused by the customer, whether intentional or accidental.
  • ➔ No Refund for Subjective Dissatisfaction: Refunds shall not be issued on the basis of dissatisfaction with the service that stems from subjective expectations or personal preferences.

• ● Servicing

  • ➔ Non-Covered Breakdowns: Refunds shall not be provided for breakdowns or issues that are not explicitly covered under the terms of the service package.
  • ➔ Force Majeure: The service provider shall not be liable for, nor shall refunds be issued in cases of events beyond the control of the parties, including but not limited to natural disasters, acts of God, or other unforeseeable circumstances.
  • ➔ Other Non-Specified Causes: Refunds shall not be granted for causes or reasons not explicitly mentioned or covered within the terms of the agreement.

DISPUTE RESOLUTION AND JURISDICTION

In the event of any dispute, controversy, or difference arising between the User and the Company with respect to the interpretation, performance, or enforcement of these Terms, or any claims arising out of or relating to these Terms, such disputes shall be resolved through arbitration. The dispute shall be referred to a sole arbitrator, who shall be appointed by mutual agreement between the parties. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modifications or re-enactments thereof in force at the relevant time.

• The venue and seat of arbitration shall be in Jabalpur/Indore, and the arbitration proceedings shall be conducted in English/Hindi . The decision or award rendered by the arbitrator shall be final, conclusive, and binding upon the parties.

• ● Subject to the foregoing, the courts situated in Jabalpur/Indore shall have exclusive jurisdiction over any matters relating to the enforcement of the arbitration award and any other ancillary proceedings, if required. The parties hereby irrevocably submit to the jurisdiction of these courts for the purposes of such enforcement or any other legal proceedings arising out of or in connection with these Terms.

GRIEVANCE REDRESSAL MECHANISM

In compliance with applicable laws, including but not limited to the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection Act, 2019, and the Consumer Protection (E-Commerce) Rules, 2020, the Company has designated a Grievance Officer to address any complaints or concerns relating to the Platform. This includes, but is not limited to, grievances arising from violations of these Terms or any other applicable policies.

• Details of the Grievance Officer are as follows:

  • ● Name :
  • ● Address :
  • ● Email :
  • ● Contact Number :
  • ● Operating Hours :