Terms & Conditions
The LocalGaragewala is operated by Forty4 Technologies (“We”). Contact details can be found on our website at localgaragewala.in Please read these Terms & Conditions (the “Agreement” or “Terms of Use”) carefully before using the services offered or information displayed by LocalGaragewala. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.localgaragewala.in and the services owned and operated by LocalGaragewala on the LocalGaragewala Website.
By accessing and browsing the LocalGaragewala website or by using and/or downloading any content from the same, you agree and accept the Terms of Use as set forth below along with any amendments made by LocalGaragewala at its sole discretion and posted on LocalGaragewala website from time to time. This Terms of Use shall be referred and read together with Privacy Policy and Disclaimer of the LocalGaragewala Website.
LocalGaragewala provides technology-based services, including but not limited to view all listing of various Service Providers on LocalGaragewala Website, locate the nearest and relevant Service Providers, booking appointment/s, see contact details of the listed Service Providers (for Appointment Enabled Service Providers), receive service updates and updates on the status of their booked appointments etc among other services on PAN-India basis to you. You agree to obtain services offered by us as well as third-party Service Providers, mechanics, garage owner or vehicle repair workshops etc (“the Service Provider”).
All the technology-based services provided by LocalGaragewala to you by means of your use or access of LocalGaragewala website (“Service”). It is clarified that LocalGaragewala by itself does not provide automobile repair services. It is the third party who shall render services to you & you agree to contact a Service Provider only if you have a genuine requirement for any automobile service offered by the Service Provider. The provision of the automobile repair services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and that LocalGaragewala shall never be a party to such agreement.
Any person logging on to or using LocalGaragewala website / LocalGaragewala Mobile App has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between you and LocalGaragewala. This Agreement constitutes the entire and only agreement between LocalGaragewala and you with respect to LocalGaragewala Services and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to LocalGaragewala website, the content, products or services provided by or through LocalGaragewala website, and the subject matter of this Agreement. This Terms of Use may be amended at any time by LocalGaragewala from time to time without specific notice to you. The revised Terms of Use will be posted on the LocalGaragewala website, and you may visit the homepage to view the most current Terms of Use prior to using the LocalGaragewala website. LocalGaragewala reserve the right to publish information of any offer, scheme or any promotional program on LocalGaragewala website. It may be subject to the additional terms and conditions mentioned specifically therein, which you are presumed to have read and accepted in addition to Terms of Use stated herein.
The information on this LocalGaragewala website is presented as general information and no representation or warranty is expressly or impliedly given as to its accuracy, completeness or correctness. You are presumed to have read the terms and conditions of LocalGaragewala website and is deemed to have agreed, understood and accepted unconditionally all the terms, conditions, procedure and risks for use of LocalGaragewala website and cannot claim, at any time, ignorance of any or all of them. All relationships of this website whosoever’s situated are governed by and in accordance with the laws of India and jurisdiction of Mumbai courts, India. You agree to the exclusive jurisdiction of the courts of Mumbai, India in relation to any dispute relating to this Terms of Use. LocalGaragewala makes no representation that materials at LocalGaragewala website are appropriate or available for use outside India and access to them from territories where the contents are illegal or prohibited. You may not use, export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations.
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.
Provision of Services to Customers
After signing up, we will make certain services available to you free-of-charge. The services will include the ability to search for a Dealer / Service providers for an automotive repair or servicing work you need a Dealer / Service provider to perform on your vehicle, their prices and ratings information and the ability to post feedback and ratings in relation to any Dealer / Service provider you have used as a result of your use of the platform. 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 detailed to be performed. You must only post Feedback in relation to a Dealer / Service Provider if you have used them as a result of your use of the website.
We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the Service without notice.
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 LocalGaragewala, 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 found to be required at the time of availing your service. In such a case the service provider will discuss any change in scope with you and additional agreements or payments where required are made between you and the service provider and the same to be added to the list of services booked on LocalGaragewala platform by you and confirmed by the service provider.
Payment options provided may differ between service providers, 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 services are provided to you.
In cases where cash on delivery (COD) is offered and selected as a payment method, full payment must be made directly to the service provider at the time of service completion.
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 LocalGaragewala and are encrypted by the payment provider selected to ensure security.
There is no scope of refund except if the service needs amendment/ change. The amount gets adjusted to that extent of change. Such a change is to be requested within 24 hours of the original booking.
Responsibilities towards customers
We will provide Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use our Services as a Customer you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
Although we have asked all users to use LocalGaragewala responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive of Service Providers. This includes any information contained about details of Service Providers who are listed in our directory or quality of service you may receive from them you avail using LocalGaragewala or price of services offered by them.
If you use LocalGaragewala 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 any Service Providers. If you choose to instruct a Service Provider to carry out any work for you as a result of your use, we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a Dealer as a result of your use of LocalGaragewala.
We (Forty4 technologies) will not under any circumstances have any responsibility to you or liability to you for the performance or quality of any work which you ask any Service Providers to carry out.
Registering as a Service Partner
In order to benefit from all the features of LocalGaragewala available to Service Partners, you will need to register with us. You will be asked to provide certain information about your business including your business name and contact details, services and pricing, working hours, location details. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively.
Provision of the Services to Service Partner
Post-registration, we will make certain services available to you. The services will include the ability to include details of your business on our platform, the ability to view or receive details of Customer Service bookings which have been posted by Customers and the ability to accept bookings and share service status updates with Customers. Full details of the services available to Partners on our platform will be published on our Website from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the Service without notice.
Our Responsibilities to Service Partners
We will provide LocalGaragewala Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use The Services as a Partner you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
You acknowledge and agree that we will enable Partners to register and get listed based on criteria which we (in our absolute discretion) may determine from time to time. In addition, you acknowledge that the number of Service bookings which may be posted or transmitted to a Partner in relation to any particular customer may be limited in number. Accordingly, we do not provide any guarantee that registering as a Partner will result in you being invited to receive any particular volume of Service bookings. Nor can we guarantee that your use of LocalGaragewala will result in you winning any work or any particular volumes or work.
You acknowledge and agree that we do not check or verify the details of any Service Bookings which are posted. We have asked all users to use LocalGaragewala responsibly but cannot guarantee the accuracy, integrity or quality of any information which is posted by third parties.
By registering as a Service Partner you also understand and agree that Customers who have used your services will be able to provide Feedback and Ratings. Whilst we have asked all users to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (Forty4 Technologies) shall not have any responsibility to you or liability to you for any Feedback which is posted by any Customer and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or incorrect, contact us and we will investigate but we shall not be obligated to take any action.
Service Partners’ Responsibilities
You agree to abide by the Terms of Use when using LocalGaragewala which we make available via online media such as website, mobile apps and SMS.
You shall be solely responsible for checking and verifying the details of any service booking which is posted before you agree to undertake any work for a Customer and for agreeing with the Customer the terms and prices of services on which any work will be performed.
You shall be responsible for complying with all applicable laws and regulations in your dealings with Customers and for the performance and quality of any work which you agree to undertake for any Customer.
By registering as a Service Partner and by using LocalGaragewala you are agreeing to indemnify us and hold us harmless from any costs, losses or claims which may result from any information you submit or transmit via LocalGaragewala or from any work which you agree to perform for any Customer.
Disclaimers
Whilst we endeavour to ensure that the information available on or through LocalGaragewala is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), LocalGaragewala permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that the 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 LocalGaragewala may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.
Acceptable Use Policy
The Services allow registered users to create, edit and submit material for inclusion on or transmission via LocalGaragewala, including (without limitation) by creating Service Partner profile, posting service bookings, responding and updating the status of bookings and posting rating 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 LocalGaragewala. You are solely responsible for all Material you submit for inclusion on or transmission via LocalGaragewala. 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 LocalGaragewala for the purpose of operating services
Security & Passwords
If you register to use LocalGaragewala Services you will be given a username and password. You must keep your ID confidential and must not disclose it 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 have been resolved.
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 LocalGaragewala or any fault or problem relating to or any content received via LocalGaragewala.
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.
Termination of Services
We may suspend or cancel your registration and/ or terminate your access to LocalGaragewala 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.
Intellectual Property
Unless otherwise stated, the copyright, database right and other intellectual property rights in LocalGaragewala (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
Privacy & Cookies
The LocalGaragewala 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 you are consenting to our use of cookies.
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.
Applicable Law
These Terms and Conditions will be subject to the laws of Mumbai India and the courts shall have jurisdiction to resolve any disputes between us.
These Terms of Use were last updated on 16th August 2020
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