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Terms & Conditions

These Terms of Use (together with the documents referred to in them) govern your use of our platform and its related websites, services, applications, and tools. By using the services you confirm that you accept these Terms of Use and that you agree to abide by them.

PART A - INFORMATION ABOUT US

The “carXpert” platform is owned and operated by Sphiro Technologies Private Limited (“We”). Contact details can be found on our website at www.getcarxpert.com.

PART B - TERMS APPLICABLE TO CUSTOMERS
Part B of these Terms of Use sets out certain terms and conditions which are applicable to any person registering as a Customer and using the Services of “carXpert”.

1. Registering as a Customer
In order to benefit from all the features of the Services available you will need to Sign-Up with us by filling the Sign-Up form. You will be asked to provide certain information about yourself including your name, contact details and vehicle information. You must ensure that the information provided by you is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.

2. Provision of Services to Customers
Following Sign-Up, we will make certain services available to you free-of-charge. The services will include the comparison of Services offered at existing mileage of the Car along with the cumulative price with respect to OEM service dealer cumulative price. We reserve the right to add, change or remove services from our platform at any time, and may make certain services chargeable at our discretion.

You must only book a service if you have a genuine requirement for the work to be performed. You must post Feedback in relation to the Service availed as a result of your use of the website.

We are continually seeking to develop and improve the services offered and therefore we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.

3. Terms and Conditions
On Signing up to “carXpert” application, it is understood that Customer has agreed to the following terms and conditions.

The vehicle is driven, tested (including road test outside the workshop), repaired and stored at the sole risk, responsibility and liability of the Customer. In case of any damage due to an accident, repairs will be carried out at customer cost / under the insurance of the vehicle.

The customer agrees to indemnify “carXpert and its affiliates” against any risk, liability, responsibility for loss or damage to the vehicle and/or life of property of all persons arising out of repairing / servicing / test driving of the vehicle when the vehicle is in custody of “carXpert and its affiliates” and the customer also confirms to have obtained insurance of the vehicle together with accessories and other components or articles and things therein and “carXpert and its affiliates” shall not be liable for any loss, damages or injury whatsoever.

The customer will not hold “carXpert and its affiliates” responsible/liable for any delay in delivery / in carrying out of repairs / in procurement of spare parts for reasons beyond purview and control of “carXpert and its affiliates”.

Customer is advised to remove any valuable items from the car at the time of handing over the car to “carXpert and its affiliates”. “carXpert and its affiliates” will not be responsible for any valuable / articles / items left in car by the customer.

The customer undertakes to make the payment of all charges before taking the delivery of the vehicle. Terms of payments are online transfer / credit card / debit card / cash only. If the bill settlement is delayed beyond a period of 7 days, “carXpert and its affiliates” may charge interest @ 18% PA on the outstanding bill amount from the date on which the vehicle was made ready and informed to customer for delivery until the payment is made.

The customer undertakes to take delivery of the vehicle within 24 hours of intimation from “carXpert and its affiliates” regarding completion of the work after making payment towards Invoice.

In the event of customer not taking the delivery of the car from “carXpert and its affiliates” workshop, the customer has no objection to “carXpert and its affiliates” levying storage charges @ Rs. 300/- per day along with the charges towards repair, spare parts etc from the date “carXpert and its affiliates” intimation regarding completion of work till the date of customer taking physical delivery of the car.

The customer has no objection to “carXpert and its affiliates” levying a charge of Rs. 500 or 10% of the total estimated labour charges whichever is high if the job is not entrusted to “carXpert and its affiliates” after obtaining the estimates. And the customer agrees to pay the same in addition to storage charges if any.

The accidental repair estimate preparation charge for the total loss of car is Rs. 5,000.

“carXpert and its affiliates” may exercise lien on the vehicle until all above mentioned dues are settled to “carXpert and its affiliates” to their satisfaction.

“carXpert and its affiliates” may affect delivery of the vehicle to the person whose signature appears on the repair order form.

Salvage of accidental repaired vehicle shall be taken by the customer at the time of delivery of the vehicle. Salvage not claimed/ taken at the time of delivery will be disposed of by “carXpert and its affiliates”.

It may not be practically possible to check/record the working or availability or condition of various components, sub assemblies, assemblies and accessories etc of the car. Therefore, no responsibility whatsoever is taken by the workshop in this regard, and if any discrepancy is noticed during repair, the remarks of “carXpert and its affiliates” will be conclusive & binding.

It may not be practically possible to notice/record on the repair order all the dents, scratches and damages etc on the vehicle at the time of accepting the vehicle and if some are noticed during repair and servicing, the remarks / decision of the workshop in charge will be conclusive & binding.

All disputes and differences arising from this repair order shall be settled by mutual discussion and in case mutually acceptable settlement is not arrived, any such dispute shall be subjected to exclusive jurisdiction of court in New Delhi only.

The service and offers are subjected to force majeure clause.

4. Provision of Payment Platforms to Customers

Some services made available for booking to you include the opportunity to make payments facilitated through our service. Such payments will be made using trusted third party payment gateways.

By making a payment through carXpert, you undertake that the credit or debit card details or third party wallet login credentials that you provide are for your own credit or debit card, or wallet account, and that you have sufficient funds to make the payment for the services booked.

We reserve the right to alter prices or services or cease to list services at any time, without prior notice or warning.
The total price shown for services is inclusive of the items described for that service and may not include additional services required to be done during servicing. In such a case our Service advisor will discuss for any change in scope with you and thereby additional agreements.

Payment options provided may differ between service location and services offered. In cases where cash on delivery (COD) is not available as an option, full payment must be made for through a payment option offered to you before delivery of Car to you.

In cases where cash on delivery (COD) is offered and selected as a payment method, full payment must be made at the time of receiving the Car.

In cases where a form of online payment is offered and selected you must complete the payment in full to successfully make the booking. Payment details provided are not stored by carXpert and are encrypted by the payment provider selected to ensure security.

If you decide to cancel your appointment, you may do at any time, preferably by phone, quoting your order number / Car registration number, or through website and Mobile Application.

If we accept your cancellation, no cancellation fee will be charged, however no refunds will be available.

5. Our Responsibilities to you
We will provide our Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the carXpert Services as a Customer you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
If you use carXpert you also acknowledge and agree that information contained in any sections are intended to be indicative only and will not form the basis of a binding contract between you and us.

PART C - GENERAL TERMS APPLICABLE TO ALL USERS
Part C of these Terms of Use set out certain terms and conditions which are applicable to all users of this platform including Customers and Business associates.

1. Passwords and Security
If you register to use CarXpert Services you will be given a username and password. You must keep your ID confidential and must not disclose or share it with anyone. You are responsible for preventing unauthorised use of your ID.

If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.

2. Acceptable Use Policy
The Services allow registered users to create, edit and submit material for inclusion on or transmission via CarXpert, including (without limitation) by creating Dealer profile, posting service bookings, responding and updating status of bookings and posting ratings feedback for automotive services. Whilst we do not seek to monitor or control the submission of information, we do reserve the right to delete, move and edit any Material submitted where (in our absolute discretion) we consider it prudent or necessary to do so.

You agree to comply with all applicable laws and regulations when using CarXpert. You are solely responsible for all Material you submit for inclusion on or transmission via CarXpert. You must ensure that all Material you transmit is lawful and honest. In particular you must not post or transmit any Material that:

  • is fraudulent, dishonest or misleading;
  • is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
  • encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
  • infringes the copyright or other rights of any third party;
  • is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

 

By submitting Material to us you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the Material on or through CarXpert for the purpose of operating services.

3. Disclaimers

Whilst we endeavour to ensure that the information available on or through CarXpert is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), CarXpert permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

Although we aim to offer you the best service possible, we make no promise that Services will meet your requirements. We cannot guarantee that Services will be fault free or continuously available. Your access to CarXpert may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.

4. Liability

To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of CarXpert or any fault or problem relating to or any content received via CarXpert.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms and Conditions.

5. Termination of Services

We may suspend or cancel your registration and/ or terminate your access to CarXpert if you are in breach of these Terms of Use or have made improper use of The Services. You may cancel your registration at any time by informing us in writing. If you do so you must stop using The Services.

The suspension, cancellation or termination of your registration and your right to use The Services shall not affect either party’s statutory right or liabilities.

6. Intellectual Property

Unless otherwise stated, the copyright, database right and other intellectual property rights in CarXpert (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to us or our licensors. All rights are reserved.

7. Privacy and Cookies

The CarXpert platform includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy. We use cookies on our website. By registering use you are consenting to our use of cookies.

8. Customer Registration

In preview of the Telecom Regulatory Authority of India (TRAI) guidelines, you hereby authorize Sphiro Technologies Private Limited and its affiliates to communicate with you through telephone/mobile, Email, SMS or other modes of communication even if your number/numbers(s) is/are registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in

9. Compliance with Laws

All dealing entities on CarXpert website are informed to comply with the applicable laws including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and relevant amendment from time to time.

 

10. General

All notices shall be given to us via email or by post using the contact details set out in the Contact Us section, or to you at either the email or postal address you provide during registration.
We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website.

11. Applicable Law

These Terms and Conditions will be subject to the laws of New Delhi, India and the courts shall have jurisdiction to resolve any disputes between us.

12. Cancellation

  1. Customer can initiate a cancellation by either writing to cs@getcarxpert.com, or by calling +91-9999974999
  2. Free cancellation: If the cancellation is initiated before the car has been picked-up, the customer will not have to pay any ‘cancellation change’
  3. Once the vehicle has been picked-up, customer can’t avail of free cancellation. If case customer initiates a cancellation after the car has been picked-up, customer will have to pay a ‘cancellation charge’ of Rs.300
  4. Customer will have to pay a cancellation charge of Rs. 500 or 10% of the total estimated labour charges whichever is high if the job is not entrusted to “carXpert and its affiliates” after obtaining the estimates
  5. In case the customer initiates a cancellation after work has commenced on the car, the customer shall be liable to pay charges for spares and labour already used on the car

13. REFUND

  1. In case of cancellation of service, the customer will be re-funded the amount paid by customer after deducting the necessary cancellation charges.
  2. All refunds shall be made through NEFT / RTGS within a period of 7 days

These Terms of Use were last updated on 8th October 2015.

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