Terms and conditions

EFFECTIVE FROM NOVEMBER 1, 2019

CUSTOMER TERMS

BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CUSTOMER TERMS (THESE "CUSTOMER TERMS").

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL OF THESE CUSTOMER TERMS BEFORE YOU START USING THE WEBSITE/APPLICATION, AS YOU WILL BE BOUND BY THESE CUSTOMER TERMS WHEN YOU CLICK "ACCEPT AND REGISTER".

IF YOU DO NOT AGREE WITH ANY OF THESE CUSTOMER TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING AND USING THE WEBSITE/APPLICATION AND THE SERVICES BEING PROVIDED UNDER THESE CUSTOMER TERMS. YOUR ACCEPTANCE OF THESE CUSTOMER TERMS WILL OPERATE AS A BINDING AGREEMENT BETWEEN YOU, REPAYR IN RESPECT OF YOUR USE OF THE WEBSITE/APPLICATION, THE REPAIRING VEHICLE SERVICES.

PARTIES

These Customer Terms are between you, and REPAYR, each a "Party" and collectively the "Parties".

These Customer Terms apply to your access to, and use of the Website and mobile Application by any means herein referred as website/application. The terms mentioned hence forth are applicable to services, information provided and collected; recommendations and other products displayed as well as accessed using the website/application.

THE PARTIES AGREE AS FOLLOWS

1. DEFINITIONS AND INTERPRETATION

Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:

"User" means the account created by you on the Website/application for accessing the Vehicle Services.

"Additional Fee" means any duty, taxes, levies or similar fees or charges that are not included in the final estimate quotation/work order but are payable by the customer to the "vendor" in respect of the costs incurred by the "vendor" any third party (including government agencies and regulatory authorities) under any Applicable Laws in connection with the Services. For purposes of definition, "vendor" means, with regard to entities individual or a company and/or both registered within the platform acting as mechanics and/or trained professional vehicle maintenance service providers.

"Applicable Laws" means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.

"Website/Application" means features implemented and/or copyrighted under "REPAYR (www.Repayr.com)" domain name, website, mobile application or other programs, software owned (or licensed to) by REPAYR, and other URLs as may be specified by REPAYR from time to time. The Website/Application includes the electronic interface where your Account is accessible to you, the login credentials (user ID and password) for which will be provided by REPAYR to you.

"Area of Operation" means the area in which these Customer Terms are accepted by you at the time of implementation as provided by "REPAYR"

"Booking Confirmation" has the meaning set out in clause 5.1.

"Order" shall mean such services provided by REPAYR which enable you to place an order in the Application and more fully described under Clauses 4.1 to 4.4 of these Customer Terms.

"Business Day" means any day excluding a Saturday, Sunday or public holiday in the Area of Operation.

"Cancellation Fee" means the amount payable by you as a result of you cancelling a service in accordance with clause 7 and notified to you on the Website/Application, from time to time (as such amount may be amended by REPAYR in accordance with clause 21).

"Card Details" has the meaning set out in clause 6.4. "Device" has the meaning set out in clause 3.1(iii).

"Vendor" means the individual (that provides services, suggestions, vehicle maintenance and the like) who is registered with REPAYR and operates the vehicle maintenance garage/shop.

"Eligibility Requirements" has the meaning set out in clause 3(i).

"Estimated Fee" means the amount specified on the Application payable for the specific services requested and provided to you by a vendor.

"REPAYR" has the meaning given in the "Parties" section on the front page of these Customer Terms.

"Payment Processor" has the meaning set out in clause 6.3.

"Privacy Policy" means the privacy policy available on the Website/Application, as amended by REPAYR from time to time.

"Registration Data" means your name, email address, telephone number and other information (including personal data) that you provide to REPAYR for registering on the Website.

"Order" means placing the order for required service/repair vehicle.

"Services" means the technology services REPAYR provides which facilitate vehicle maintenance and other products and services accessed through the Website or via an offline mode including an SMS, within the Area of Operation.

"Total Estimate Fee" means the Fare, the Cancellation Fee and/or any Additional Fee (as applicable) specified on the Website/Application.

"Vehicle" means a Motor vehicle and/or Car defined as per motor vehicle act 1988 in accordance with Indian RTO.

"You / your" means you, the user of the Website/Application and the Services. "Your Content" has the meaning given in clause 11.4.

2. INTERPRETATION

Unless the context requires otherwise, in these Customer Terms:

3. REGISTRATION AND USAGE

3.1 In order to use the Services, the Booking Services and the Website, you must:

3.2 you are solely responsible for maintaining the confidentiality of your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Website, that occurs through your Account (whether initiated by you or any third party), except to the extent caused or contributed by REPAYR .

3.3 If the Device is lost or stolen, you must notify REPAYR immediately and ensure that the Website as accessible through the Device is immediately blocked, suspended or deactivated.

3.4 You must also notify REPAYR immediately if you cannot access your Account, you know of or suspect any unauthorized access or use of your Registration Data, login details or Account, or the security of your Account has been compromised in any way.

3.5 REPAYR may immediately suspend the Services, the Booking Services and/or your use of the Application (including your Account) if it has a reason to believe that:

3.6 REPAYR may block, suspend, alter or update the Website, the Booking Services and/or the Services at any time (including without notice):

However, you may terminate these Customer Terms in accordance with clause 16.2 at any time.

4. BOOKING SERVICES

4.1 The Application allows you to place an order for vehicle maintenance. Once you have made an Order for vehicle maintenance:

4.2 While REPAYR confirms the order, your request for a service is subject to the availability of a Vendor around your location at the time of your request (and Vendors may accept or reject your request for a Service is their sole and absolute discretion).

4.3 Once your request for a Service has been accepted, REPAYR will provide:

4.4 Along with the above services provided by REPAYR, REPAYR shall do the following:

4.5. While REPAYR requires each vendor to use all reasonable efforts to ensure their quality and standard is maintained throughout the requested service schedules, you must book your service after considering any adverse conditions such as the weather, traffic, road works, and other unexpected delays such as traffic accidents. If there is any delay with respect to the requested service, you should contact the vendor assigned for your Ride through the Website or by contacting REPAYR via In-App support or at its call Centre, if available.

4.6. Except as expressly stated in these Customer Terms, the obligations of REPAYR are limited to (a) licensing the Application to you; (b) managing and operating the Application and Services in the manner reasonably determined by REPAYR; (c) operating an online booking platform facilitating the provision of vehicle maintenance services by registered vendors to you (and other customers); and (d) payment collection in respect of the provided services between assigned vendor and you (and other customers), and the obligations of REPAYR is limited to: (a) managing and operating the booking functionality within the Application; and (b) providing Booking Services to you. Accordingly REPAYR is merely an intermediary providing online marketplace services and the Website, Services and the Booking Services are only a platform where a registered vendor may offer vehicle maintenance services to you (and other customers).

4.7. REPAYR does not provide exclusively vehicle maintenance services. Maintenance services are provided under a registered Vendor (the "Vendor Contract") between you and the registered vendor for the provision of a specific requested service within the application by the Vendor to you. Neither REPAYR nor any affiliations of REPAYR is a party to the vehicle maintenance Contract. At no time will REPAYR have any obligations or liabilities in respect of the maintenance Contract.

5. BOOKING CONFIRMATION (Spare parts, Dispute, Cancellation Policy, etc...)

5.1. Where you placed an order for vehicle service or maintenance has been accepted, you must check the Order details provided on the REPAYR Application to you, including the pick-up time and location ("Order Confirmation"), Estimated fee, mandatory and/or suggested non-mandatory services (with your Consent), drop location and vehicle condition. If there are any incorrect details on the Order Confirmation, you must contact REPAYR immediately by correcting your order details through the Website.

5.2. You are responsible for any delay that may be caused due to your failure to check the Order Confirmation or contact REPAYR immediately to correct the Order details.

6. PAYMENT TERMS

6.1. You will be charged and must pay the Total Fee for the Service, comprising the Service, and any Additional charges. REPAYR collects the Fee (plus any additional amounts and/or less any deductions agreed between REPAYR and the Vendor) on behalf of the Vendor.

6.2. Payment of the Total Service Amount will be facilitated by a payment gateway and/or payment processing services provider appointed by REPAYR (the "Payment Processor"). The Payment Processor may be REPAYR, one of its related bodies corporate Service Amount or an unrelated third party.

6.3. You will be required to provide relevant payment details including credit/debit card details ("Card Details") with the Payment Processor in order for REPAYR to process payment of the Total Service Amount, and you hereby authorize the Payment Processor to do so.

 

Your authorization:

6.4. REPAYR shall also be responsible for issuing invoices to you (on behalf of the Vendor) for the Vehicle maintenance services provided by the Vendor.

6.5. REPAYR will be solely responsible for settling any payment-related disputes between Vendor and you. In case of any such dispute, REPAYR will be considered to act as an arbitrator and any decision taken by REPAYR in good faith will be final and binding on you and the Vendor.

6.6. If any amount paid by you is fully or partially refundable for any reason such amounts will be credited to your Account (so it can be applied against any subsequent Service(s)) or refunded to you in accordance with and subject to Applicable Law.

6.7. Any payment processing-related issue not caused by an error or fault with the Application must be resolved by you and the relevant Payment Processor.

7. CANCELLATION FEE

7.1. You may cancel your order for a vehicle maintenance service from a vendor before you confirm the order in Self Option, however if you wish to cancel the order after Vendor reaches pickup place provided by you in Pickup and Drop off option, you will be charged vendor charges for vehicle checkup and drop off charges.

7.2. If the Vendor does not arrive at your pick-up location within five (5) minutes after the pick-up time specified in the Order Confirmation, you will not be charged any Cancellation Fee.

7.3. You will be notified of any Cancellation Fee through the Website/Application at the time you attempt to cancel your request for an Order, and any Cancellation Fee payable by you will be processed by REPAYR in accordance with clause 6.

8. BEHAVIOUR

8.1.You must not consume any illicit substances in or near any vendor's garage, misbehave in or near any vendor's garage, distract a vendor, act in violation of Applicable Laws, or otherwise act in any way which a vendor (acting reasonably) considers will risk the safety of you, the vendor or any other person.

8.2. If you breach clause 8.1, REPAYR may immediately suspend the Services, the Booking Services and/or your use of the Website (including your Account).

9. FEEDBACK, ISSUES AND COMPLAINTS

9.1. you are required to rate a Vendor/Application after its conclusion, and you must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Vendors, Services or the Website.

9.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services should be notified to REPAYR via e-mail or communicated to REPAYR through the Website or by contacting REPAYR at call Centre, if available.

9.3. You must report any issue you have with the Application or Services to REPAYR within 7 days of the relevant issue occurring, otherwise REPAYR may not be able to address such issue.

9.4. REPAYR will endeavor to respond to you within 2 (two) Business Days after you report an issue, and REPAYR will endeavor to resolve such issue reasonably as soon as possible. REPAYR notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritized over others. REPAYR may not be able to resolve all issues, and We will not be liable where you are not satisfied with Our handling or resolution of (or failure to resolve) an issue relating to the Vehicle Services.

9.5. If you forget or lose any luggage or property during/after handing over vehicle to the assigned vendor for Vehicle Service, you should contact REPAYR as soon as possible (and any event within 24 hours), and REPAYR will try to locate the items. If your luggage or property is found, REPAYR will contact you and advise you of how you will be able to collect your luggage or property. Unless otherwise agreed (in REPAYR's sole and absolute discretion), REPAYR will not deliver any luggage or property items to you (and if REPAYR agrees to do so, REPAYR may charge you a reasonable fee for doing so). In no event will REPAYR be liable for any loss or damage to your personal items and/or luggage.

10. PRIVACY

10.1. REPAYR collect, store, process and transfer personal information (including sensitive financial information) in compliance with the Privacy Policy and any applicable statutes and regulations relating to the protection of personal data.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The Website/Application and all associated intellectual property rights ("REPAYR") remain the property of REPAYR or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants you any rights in or related to the REPAYR IP, and all rights not expressly granted to you are reserved by REPAYR.

11.2. You must not:

11.3. Subject to your compliance with these Customer Terms, REPAYR grants you a limited, non- exclusive, personal, non-transferable licence during the term of these Customer Terms to use and access the Website on any Device that you own or control and to run the Website solely for your own personal use (including for the processing of payments).

11.4 you are solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Website/Application or Device by or on your behalf ("your Content"). you must ensure that your Content is not unlawful and does not infringe any third party's rights (including intellectual property rights), and you must not:

11.5 REPAYR has no obligation to monitor your access to or use of the Website, or your Content, but you hereby provide your consent for REPAYR to do so, to the extent permitted by Applicable Law, for the purpose of providing and operating the Website/Application and the Services, to ensure your compliance with these Customer Terms, and to comply with Applicable Law or the order or requirement of a court, administrative agency or other government body. REPAYR may investigate and prosecute (and refer to law enforcement agencies) any actual or suspected breach of clause 12.4 by you to the fullest extent permitted by Applicable Law. REPAYR may at any time and without prior notice remove or disable access to any of your Content which REPAYR considers (acting reasonably) to be in violation of these Customer Terms.

11.6 you grant REPAYR a worldwide, perpetual, royalty-free, transferable licence to use, copy, modify, adapt and commercially exploit your Content (including making derivative works of the whole or any part of your Content) for any purpose, including promotional and advertising purposes that REPAYR deem fit. You represent and warrant that you have the necessary rights to your Content and are permitted to provide your Content to REPAYR. For clarification, you are not entitled to any payment or other compensation for REPAYR's use of your Content.

11.7 Except for the Registration Data or any other data submitted by you during the use of the Service ("Permitted Information"), you should not, send any confidential or proprietary information to REPAYR (whether on the Application or otherwise), unless required by Applicable Laws. Except for the Permitted Information, and subject to REPAYR handling your personal information in accordance with the Privacy Policy, any of your Content will not be considered confidential or proprietary.

12. INDEMNITY

12.1 To the maximum extent permitted by law, you will indemnify and hold harmless REPAYR its related bodies corporate (and their respective directors, officers, employees, agents and representatives) ("Those Indemnified") from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Those Indemnified arising out of or in connection with any:

13. EXCLUSION OF IMPLIED TERMS

13.1 All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Customer Terms or their subject matter, not contained in these Customer Terms, are excluded from these Customer Terms to the maximum extent permitted by law.

13.2 Without limiting clause 13.1, to the maximum extent permitted by Applicable Law:

13.3 Nothing in these Customer Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.

14. LIABILITY

14.1 Nothing in these terms shall limit or exclude either REPAYR's liability to you:

14.3 Subject to clause 14.1, REPAYR shall not be liable for:

14.4. The limitations and exclusions of liability in this clause 15 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under the statute, or on any other basis.

15. FORCE MAJEURE

15.1. Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party ("Force Majeure").

16. TERMINATION

16.1. These Customer Terms continues until such time as they are terminated in accordance with these Customer Terms.

16.2. You may terminate these Customer Terms at any time by closing your Account or uninstalling the Application. You can close your Account at any time by following the instructions on the Website/Application.

16.3. REPAYR may terminate these Customer Terms with immediate effect upon notice to you if:

16.4. Upon termination of these Customer Terms for any reason:

16.5. Clauses 10 (Privacy), 11 (Intellectual Property Rights), 14 (Liability), 16 (Termination), and 20 (Governing Law and Dispute Resolution) will survive termination of these Customer Terms together with any other terms which by their nature do so.

16.6. Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.

17. NOTICE

Any notices, requests and other communications required or permitted under these Customer Terms must be in writing and sent to the recipient Party as follows (as amended to time by the recipient Party by notice to the other Party):

18. ENTIRE AGREEMENT

18.1. These Customer Terms constitute the entire agreement between the Parties in connection with, and will supersede all previous communications (either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party unless arising out of the specific provisions of these Customer Terms.

18.2. No party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this clause 18.2 shall not apply to any fraudulent misrepresentation.

19. RELATIONSHIP OF THE PARTIES

Nothing in these Customer Terms is intended to constitute a fiduciary relationship or an agency, partnership or trust, and you have no authority to bind REPAYR have any authority to bind you.

20. GOVERNING LAW AND DISPUTE RESOLUTION (Hyderabad Jurisdiction)

20.1This terms and conditions shall be construed in accordance with the laws of the State of TELANGANA, INDIA.

21. AMENDMENTS TO THESE CUSTOMER TERMS

21.1 REPAYR may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.

21.2 You will be required to confirm your acceptance of the amendments referred to in clause 21.1. However, if you do not agree to any such amendments, you may terminate these Customer Terms in accordance with clause 16.2 at any time prior to such amendments coming into effect.

22. MISCELLANEOUS

22.1 Assignment: you may not assign or transfer any of your rights, interests or obligations under these Customer Terms to any third party without the prior written consent of REPAYR. REPAYR may assign its rights and interests under these Customer Terms to any person whosoever.

22.2 Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on the part of either Party exercising any right, power or privilege under these Customer Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under these Customer Terms preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.

22.3 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.

22.4 Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.