×

Serviceon Automotive Technologies PVT LTD

Merchants/Vendors Terms of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.serviceon.co.in website and ‘Serviceon’ application for mobile and handheld devices.

I. These terms of use (the “Terms of Use”) govern your use of our website www.serviceon.co.in (the “Website”) and our ‘Serviceon’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Serviceon and you signify your acceptance to the Terms of Use and other Serviceon policies (including but not limited to the Privacy Policy being incorporated by reference herein) which take effect on the date on which you download, install or use the Services, and create legally binding arrangements to abide by the same.

II. The Platform is owned and operated by Serviceon Automotive Technologies Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at No.206, 2nd floor, Nehru Nagar, T Junction Mumbai 400017. For the purpose of these Terms of Use, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a Merchants/Vendors on the Platform by providing registration data while registering on the Platform as a registered partner using the computer systems. The term “Serviceon”, “we”, “us” or “our” shall mean Serviceon Automotive Technologies Private Limited.

III. Serviceon enables transactions between participant Service centre/Workshop/Dealer (you) dealing in bike & bike services, and Customers (“Platform Services”). The Customers (“Customer/s”) can choose and place (pickup/drop services) Order (“Orders”) from various service centre/Workshop listed and offered for service by various neighbourhood Merchants/vendors like you, including but not limited to the Service centre/Workshop/Dealer dealing in bike & bike services (“Merchants/Vendor’s”) on the Platform and Serviceon enables pickup/drop service of such Orders at select localities of serviceable cities across India (“Pickup/drop Services”). The Platform Services and Pickup/drop Services are collectively referred to as “Services”.

IV. This Terms of Use are subject to modifications, and we reserve the right to modify or change the Terms of Use and other Serviceon policies at any time by posting changes on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and other Serviceon policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Serviceon policies.

V. Use of Platform and Services

  • All commercial/contractual terms are offered by you and agreed to by the Customer alone. The commercial/contractual terms include spare parts price, applicable taxes, service/labour charge, payment methods, payment terms, date, period of delivery, warranties related to products and services and after sales services related to products and services. Serviceon does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Merchants/Vendors.
  • Serviceon does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users.
  • Serviceon is not responsible for any non-performance or breach of any contract entered into between Customer and Merchants/Vendors on the Platform. Serviceon cannot and does not guarantee that the concerned Customers and/or Merchants/Vendors will perform any transaction concluded on the Platform. Serviceon is not responsible for unsatisfactory or nonperformance of services or damages or delays as a result of Products/Spare parts which are out of stock, unavailable.
  • Serviceon is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Customers and Merchants/Vendors on the Platform come into or take possession of any of the products or services offered by Merchants/Vendors. At no time shall Serviceon hold any right, title or interest over the products/Service nor shall Serviceon have any obligations or liabilities in respect of such contract entered into between Merchants/Vendors and Customers.
  • Serviceon is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchants/Vendors and the Customers. In case of complaints from the Customers pertaining to bike servicing, quality, or any other such issues, Serviceon shall notify the same to Merchants/Vendors and shall also redirect the Customers to the consumer call center of the Merchants/Vendors. Merchants/Vendors shall alone be liable for redressing and bound to take action on the complaints by the Customers. Serviceon has the right to share with the Customers, the relevant information including the Merchants/Vendors details to enable satisfactory resolution of the complaint. Serviceon shall in the interest of satisfactory resolution of the Complaint, share with the Customers, relevant information pertaining to the Order along with Merchants/Vendors details.
  • Please note that there could be risks in dealing with underage persons or people acting under false pretence.
  • You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
    1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
      • belongs to another person and which you do not have any right to;
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
      • is misleading or misrepresentative in any way;
      • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
      • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
      • infringes upon or violates any third part’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
      • promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufactureinstalled copy-protect devices, or providing pirated music or links to pirated music files;
      • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      • contains video, photographs, or images of another person (with a minor or an adult);
      • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
      • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout this Terms of Use, Serviceon’s prior written consent means a communication coming from Serviceon’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
      • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
      • interferes with another user’s use and enjoyment of the Platform;
      • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
      • harm minors in any way;
      • infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
      • violates any law for the time being in force;
      • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • impersonate another person;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
      • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
      • is false, inaccurate or misleading;
      • creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers; or
      • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
    2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.
    3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Customers, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
    4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Serviceon’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Serviceon or users on platform or otherwise tarnish or dilute any of Serviceon’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Serviceon’s systems or networks, or any systems or networks connected to Serviceon.
    5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
    6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
    7. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Serviceon and/or others.
    8. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of the (a) Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to good and service tax and/or any other taxes, custom duty, local levies), as may be applicable, regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
    9. You shall be solely responsible for ensuring taxes are charged in accordance with applicable laws under a valid invoice. Any liability or claim that may arise in this respect shall be wholly borne by you. Serviceon expressly disclaims any liability in this regard.
    10. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tier) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
    11. From time to time, you shall be responsible for providing information relating to the products or services or discounts/offers proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
    12. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, (a) we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury, and (b) we can (and you hereby expressly authorize us to) disclose any information about your transactions effected on the Platform to the state government and/or the central government authorities, including direct and indirect tax or any appropriate authority and their officials, as we, in our sole discretion, believe necessary or appropriate.
    13. We reserve the right, but have no obligation, to monitor the Discounts/offers/Servicecharges/Spare parts charges posted on the Platform. Serviceon shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE DISCOUNTS / OFFERS/ SERVICE CHARGES / SPARE PARTS CHARGES YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Serviceon views. In no event shall Serviceon assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
    14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Serviceon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
    15. It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
    16. Serviceon shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

VI. Terms and Conditions of Service

  • Serviceon shall perform Platform Services on best effort basis and as agreed with no liability. Serviceon provides no assurance that any Customers will place Orders against the respective Merchants/Vendors. The Merchants/Vendors shall be solely responsible for display of the name of the Service centre/Workshop/dealers and images of the items/products, Offers, Discounts which shall be listed for the Customers to choose from.
  • Serviceon shall perform Pickup and Drop Services on best efforts basis at all time, and at liberty to choose from the means for the pick-up and delivery of the Orders placed by Customers on the Platform at its sole discretion.
  • Serviceon shall determine to provide the aforesaid services within the areas as it deem fit. Serviceon reserves the right to add or remove areas to improve its Services. Serviceon shall provide the aforesaid Services within 5 Kilometre radius (approximately) or within such area as may be decided by Serviceon in its sole discretion, from the location of Merchants/Vendors in the territory, subsequent to which other areas may be added subject to revised terms, if any. Merchants/Vendors shall be solely responsible to reimburse and/or absolve the cost of Orders for which Customers have either refused to pay for or have claimed a refund for reasons that are solely attributed to Merchants/Vendors (“Disputed Orders”), including but not limited to,
    1. Customers expectations not being met or Customers dissatisfaction with regard to the quality of spare parts/products/Services provided by the Merchants/Vendors;
    2. Wrong or poor quality items/spare parts used in servicing of vehicle;
    3. Poor Servicing;
    4. Missing items or services in the order as per the request from customer.
  • Serviceon shall also provide such other services to the Merchants/Vendors which shall include but not limited to, Services provided by Serviceon’s ‘Order Management Team’ by placing Orders on behalf of Customers/s with the Merchants/Vendors through phone calls (the “Call Center Service”) more fully defined under clause VI (7)(vii)(a) herein below and marketing services.
  • The Merchants/Vendors shall be solely responsible for reviewing information on the Platform and shall ensure that all information manifested / advertised are up to date and in accordance with applicable law. The Merchants/Vendors shall update all such information and inform Serviceon about the same in accordance with these Terms of Use. Serviceon shall not be liable or responsible in any way for any change in price / service charge / address / Discounts / Offers provided by the Merchants/Vendors.
  • The Merchants/Vendors shall be solely responsible for any warrantee/guarantee of the spare parts sold or used in Customers vehicle and in no event, shall it be the responsibility of Serviceon.
  • The Merchants/Vendors represents, warrants and covenants that:
    1. all information provided by the Merchants/Vendors to Serviceon, including all information contained in the Merchants/Vendors lists, service offerings, inclusions and exclusions is and shall at all times be true, accurate and correct and not misleading in any respect;
    2. it shall be solely liable for the quality of all its products, including all spare parts, and shall at all times be in compliance with applicable laws
    3. it will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Prevention of Corruption, Act 1988;
    4. it shall adhere to and comply with delivery schedules and timelines that has been represented for products/service on the Platform;
    5. it shall not use alternate means (including but not limited to phone/emails/SMS) to connect with the Customers using the Platform, to take Orders and thereby circumventing the Platform transaction;
    6. it shall ensure, at all time, its Personnel, its employees and representatives (Merchants/Vendors Personnel) behave in a respectable and courteous manner with pick-up and delivery partners, Serviceon representatives and as well as with the Customers. Merchants/Vendors Personnel shall not be rude, behave discourteously, or use foul or abusive language at any interaction. It shall at all time promptly report to Serviceon immediately, any behavioural issue by the pick-up and delivery partners or Serviceon representatives or Customers for suitable action;
    7. it shall process and execute the Orders promptly, correctly and within the stipulated service level timelines, as follows;
      • must confirm the Order within 3 minutes from the time the same having been relayed to it on the Serviceon Merchants/Vendors panel. Serviceon may send reminder after 2 minutes and shall allocate call to the Merchants/Vendors after 2 minutes from the time Order having been replayed to it and if not confirmed by the Merchants/Vendors by then. In the event, that the Merchants/Vendors does not confirm the Order after Serviceon has made attempt/s to call the Merchants/Vendors, the Order will be deemed as cancelled by the Merchants/Vendors. An intimation of such cancellation shall be sent to Merchants/Vendors and such cancellation shall be treated as Merchants/Vendors Cancellation.
      • Once the vehicle reaches Service centre/Workshop it must prepare the job card within 1 hour and inform the customer. Also the servicing must be done within 6 hours approximately and get ready for the delivery.
      • Vehicle must be serviced thoroughly and kept ready, and handed over to the pick-up and delivery personnel, upon his/her arrival. Merchants/Vendors shall ensure, at all times, the pick-up and delivery personnel shall not be required to wait beyond 10 minutes to collect Vehicle. .
      • If the customer requires valid tax invoice against each service the copy of such invoice should be handed over to pick-up Delivery personnel. It’s Merchants/Vendors responsibility to hand over the customers vehicle documents to pick-up drop personnel at the time of pick up from service centre/Workshop after the servicing done. Serviceon is not liable for the missing of vehicle documents of customers, if any;
      • it must always ensure it shall provide the service as per the Order placed by the Customers and shall be solely responsible for all the cost and consequences, if in case of use of wrong spare parts / service. The delivery personnel shall only deliver the vehicle handed over to him/her by the Merchants/Vendors and shall not be liable to verify the condition of vehicle. It shall be the responsibility of the Merchants/Vendors to verify whether serving has been done as per the Order received.
      • it shall be solely liable for delays in the delivery of vehicle and/or repeat deliveries undertaken for reasons attributable to the Merchants/Vendors, and the Merchants/Vendors undertakes to keep Serviceon fully and effectively indemnified against the same.
    1. it shall not use the labels, trademarks, branding of your own service centre / Workshop in the vehicle delivered through Serviceon Services;
    2. it shall list spare parts at a ceiling price equal to or less than the Maximum Retail Price as indicated on such product;
    3. it must always ensure that the used spare parts price does not exceed the current market price in servicing of vehicle.
    4. it agrees that in the event of a Merchants/Vendors failure to comply with hereinabove clauses, and on receipt of any communication/complaint from Customers to this effect, Serviceon shall be at liberty to, on verifying the same, refund such Customer for excess amounts charged against a product(s) and deduct the same from the Merchants/Vendors from future settlements.
  • Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party’s trademarks, logos, name, and related information solely in connection with the promotion and marketing of the collaboration between Serviceon and the Merchants/Vendors and related purposes, including for publishing on the Platform.
  • Notwithstanding these terms and conditions of Service, Serviceon reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for vehicle servicing breach or non-compliance by the Merchants/Vendors which includes, but is not limited to, the following instances;
    1. Customers complaints received by Serviceon which are directly or indirectly attributable to the quality of service provided by the Merchants/Vendors either through poor ratings, as defined by Serviceon, through calls placed with Serviceon or through any other means
    2. Violates law for the time being in force, by Merchants/Vendors;
    3. Non-adherence to Serviceon’s delivery schedules and timelines that has been represented for services on the Serviceon Platform;
    4. Misbehavior with Serviceon’s representatives/personnel;
    5. Inclusion of marketing or promotional material belonging to competitors in Orders delivered by Serviceon’s Personnel;
    6. Breach of the representations and warranties of the Merchants/Vendors
  • Notwithstanding anything contained under clause VI (10) hereinabove, Serviceon has the right to immediately delist any of the Service Centre/Workshop or offers/discounts from the Platform.
  • The Merchants/Vendors acknowledges that all Services offered by Serviceon on the Serviceon Platform are non-exclusive in nature.
  • A Merchants/Vendors can terminate this contract providing 15 days’ prior written notice to Serviceon. Serviceon shall delist the Merchants/Vendors at the end of 15th Day. Upon termination in accordance with the terms hereof, Merchants/Vendors shall only be required to service Orders already placed through Serviceon prior to such expiry or earlier termination of this MoU, and Serviceon shall be entitled to receive Service Fee for such Orders.
  • Serviceon may also manage an email ID on your behalf, which shall be hosted on the Serviceon domain, in order to manage customer communications and correspondence.

VII. Your Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Serviceon reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Serviceon’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind the business entity to these Terms of Use.

VIII. Your Account and Registration Obligations

If you use the Platform, you shall be responsible for maintaining confidentiality of your login and password details and all activities that occur with the use of your login and password details. You agree that if you provide any information or content, required under these terms and conditions to be put up on the Platform, which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend, terminate or block you from accessing the Platform. Your registration with Serviceon as a Merchants/Vendors is exclusively for your use to gain access to the Platform and is strictly not transferable.

IX. Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

X. Serviceon Merchants/Vendor Panel/App & Use

Merchants/Vendors shall be granted access to Serviceon Merchants/Vendors panel for hand held devices and at its sole discretion Serviceon provide access of operating panel to the Merchants/Vendors. The Merchants/Vendors shall:

  • ensure it has a functional tablet / mobile with the Serviceon Merchants/Vendors panel at all times in Order to (a) receive and confirm Customers Orders and to prepare the job card and confirm Customers about the approximate bill and provide estimates of delivery times or; (b) reject the Order through the Merchants/Vendors Panel
  • in case it declines Orders through the Merchants/Vendors panel however, then it shall not use alternate means (phone/ emails) to connect with the Customers in parallel to take Orders and thereby circumventing the process;
  • execute the Orders promptly and indicate the estimated time of servicing to process the Order and delivery of vehicle including updating the service status (e.g. unavailability of spare parts, servicing done etc.) through the Merchants/Vendor panel.
  • Communicate with Serviceon service operator through the phone call and/or SMS.

XI. Disclaimer

To the fullest extent permitted by law, Serviceon and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with these Terms of Use, the Serviceon Services and any use thereof, including, without limitation, the implied warranties of Merchants/Vendors ability, fitness for a particular purpose and non-infringement. Serviceon makes no warranties or representations about the accuracy or completeness of the Platform’s or the Serviceon services’ content or the content of any other websites linked to the Platform, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Merchants/Vendors access to and use of the Platform and the Serviceon services, (c) any unauthorized access to or use of Serviceon servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Platform or otherwise with respect to the Serviceon Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform or the Serviceon services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform or the Serviceon services. Serviceon disclaims any and all liability for direct, indirect, incidental, special, consequential, punitive or other similar damages that may arise due to any deficiency in the Orders attributable to the Merchants/Vendors, any error on Serviceon by the Merchants/Vendors including but not limited to, technical errors, delays, omissions, inaccuracies in the content provided. Serviceon disclaims and all liabilitiy that may arise due to above mentioned contents, such liability shall be attributable to the Merchants/Vendors.

XII. Confidentiality

Each Party agrees that during the course of these Terms of Use, information that is confidential and of substantial value to the other Party may be disclosed to the other Party. Such information may include, but is not limited to, unpublished software code, technical processes, product designs, financial information, business plans, or material related to advertising or marketing. All such information shall be confidential and shall be kept confidential by both Parties throughout the Term and for a period of 2 years thereafter.

XIII. Intellectual Property

Each Party owns all right, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Terms of Use does not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out in these Terms of Use. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.

XIV. Indemnity

You agree to defend, indemnify and hold harmless Serviceon, its affiliates and its and their respective officers, directors, employees and agents from and against all actions, third party civil and criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to the Orders, services or offers supplied by the you, or arising out of or relating to your content listed on the Platform.

XV. Limitation of Liability

For the purposes of this clause, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement. Serviceon does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Serviceon shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. However, Serviceon will use its best endeavours to ensure that the unintentional operational errors do not occur, Serviceon cannot provide any warranty or guarantee in this regard.

XVI. Notice

All notices under these Terms of Use shall be sent by registered post acknowledgment due, contemporaneous courier or email to the address mentioned below; Serviceon Automotive Technologies Private Limited Reg Office: No.206, 2nd floor, Nehru Nagar, T Junction Mumbai 400017 Time: 9.30 AM to 5.30 PM from Monday to Friday If the Merchants/Vendors notices any discrepancy in the Settlement of Collections, the Merchants/Vendors may raise a ticket by writing an email to support@Serviceon.in and the same will be mutually resolved by both parties within 15 days from the date on which the ticket was raised.

XVII. PAYMENT TERMS

  • DEFINITIONS
    1. The term “Gross Value” shall mean the aggregate of the following as stored in Serviceon’s database (i) the items/services included in each Order as calculated on the basis of the price, rates and features of items listed in the platform ; (ii) the service/labour charges, if any and (iii) GST and other such taxes as applicable.
    2. The term “Net Value” shall mean the System Value excluding GST and such other taxes that may be applicable.
    3. The term “Service Fee” shall mean and include:
      • Platform Service Fee”, means the fee for Platform Services provided by Serviceon and shall include listing fee and lead generation fee; and
      • Delivery Service Fee”, means the fee for Delivery Services enabled by Serviceon.
    4. The term “Successfully Delivered Order” shall mean Orders for which Collections have been made.
    5. The term “Disputed Order/s” shall mean those Orders for which Customers have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Merchants/Vendors, including but not limited to, Customers expectations not being met or Customers dissatisfaction in relation to, inter alia, the quality of the products, undelivered Orders, discrepancy in the service provided which is not in accordance with the Order placed and/or those Orders for which Customers requests for a replacement. Such event Serviceon shall be entitled to recover from Merchants/Vendors the Service Fee form the collections. It is clarified that Serviceon shall not be liable to make any payment for a Disputed Order. Serviceon shall reserve the right to recover from Merchants/Vendors, the amount paid to Customers as refund upto the Order/Bill value. (Note: In case the Customers requests for a replacement of spare parts or re-service, the Merchants/Vendors shall be liable to provide the same and the re-pickup charges should beared by Merchants/Vendors. Serviceon shall not charge Service Fee for the re-pickup Order additionally. Serviceon undertakes, on a best effort basis, to employ strong controls to prevent any misuse by the Customers under this clause.).
    6. The term “GST” shall mean goods and service tax.
    7. The term “Other Services” shall mean the other services that are provided by Serviceon to Merchants/Vendors morefully defined under Schedule of Charges.
  • Serviceon shall charge Merchants/Vendors Service Fee/Commission for the Services provided. The Merchants/Vendors shall pay Service Fees/ Commission to Serviceon as agreed between the Parties under the duly executed memorandum of understanding by and between Serviceon and the Merchants/Vendors (“MoU”), which term shall include references to any amendments made thereto. The Service Fees are subject to GST and other taxes applicable thereon at the prevailing rates.
  • Serviceon shall collect the payments against undisputed Orders from the Customers (the “Collections”) and shall remit to the bank account of the Merchants/Vendors as specified hereinabove. Serviceon shall be entitled to make the following deductions (“Deductions”) from the Collections: (i) Service Fees/ Commission for the applicable Settlement Period, including Service Fees for Disputed Orders (ii) Other Charges as mentioned under Schedule of Charges and (iii) GST & other taxes applicable thereon at the prevailing rates, from weekly/monthly settlement remittance for the applicable Settlement Period.
  • Upon the expiry or earlier termination of the MoU in accordance with the terms thereof, Serviceon and the Merchants/Vendors shall only be required to service Orders already placed through Platform prior to such expiry or earlier termination, and Serviceon shall be entitled to deduct payments for such Orders in accordance with this Payment Terms.
  • In the event of any change to the System Value, the Merchants/Vendors shall inform Serviceon of such change at least 4 working days prior to effecting such changes. The System Value will be deemed to be updated with the changes as communicated by the Merchants/Vendors on the 5th working day from the date of receipt of such written communication by Serviceon. It is however clarified that for the purpose of determining the value of an Order, only the System Value, as updated in accordance with this clause, shall be considered as the final value. Serviceon shall not be liable or responsible in any way for any change in services by the Merchants/Vendors, except to the extent already informed by the Merchants/Vendors to Serviceon in accordance with this clause.
  • Mode of Payment
    1. Settlement of the Collections shall occur on a weekly/monthly basis (and in accordance with the payment systems and nodal account guidelines prescribed by the Reserve Bank of India) to allow for adjustments towards Disputed Orders (the “Settlement Period”) subject to deductions specified hereinabove. If the Settlement Period falls on a bank holiday, it shall be deemed to be the following working day.
    2. Serviceon shall raise invoices for the Service Fees/Commission for the applicable Settlement Period, and the applicable Service Fees/Commission shall be deducted from the Collections. The balance Collections shall be remitted by Serviceon to the Merchants/Vendors at the end of the Settlement Period.