TERMS & CONDITION
Contractual Relationship
Vahan Junction Automotive Services Pvt Ltd, incorporated under the Companies Act, 2013, having its registered office at Nirwana Lifecity A Wing Flat No 307, operating under the trademarked name “Vahan Junction”, provides holistic vehicle services including maintenance, repair, etc. The use and access of our website www.vahanjunction.com and our mobile applications “Vahan Junction” (“Applications”), or any products or services in connection with the Application or Website (“Services”) shall be governed by these terms and conditions (“Terms”). The Website and Applications are together called the “Platform”. These terms constitute a legally binding and enforceable agreement between VahanJunction (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the Platform to browse and/or avail the Services displayed by us on the Platform. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access or stop your use or access of our Services. These Terms expressly supersede prior written agreements with you. The Company requests the User to carefully go through these terms & conditions (“Terms and Conditions” or “Terms”) prior to accessing the Platform or availing Services (as defined below) using the Platform. The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with the legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms at the domain of www.vahanjunction.com/termandconditions. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the Platform, Content (as defined below) and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest version of the Terms and Conditions. No information provided on the Platform shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record in terms of the Indian Contract Act, 1872; the Information Technology Act, 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. These Terms are generated by a computer system and do not require any digital or electronic signature.
Definations
Content will include (but is not limited
to) reviews, images, photos, audio, video, location data,
nearby places, and all other forms of information or data. "Your Content" or "User Content" means
Content that you upload, share or transmit, through or in connection with the Services, such as
likes, ratings, reviews, images, photos, messages, profile information, and any other materials that
you publicly display or displayed in your account profile. "Vahan Junction Content" means Content
that the Company creates and makes available in connection with the Services including, but not
limited to, visual interfaces, interactive features, graphics, design, compilation, computer code,
products, software, aggregate ratings, reports and other usage-related data in connection with
activities associated with your account and all other elements and components of the Services
excluding Your Content.
Estimated Cost will include the service
provider’s approximation of what the Service is likely to
cost. The purpose of cost estimation is to predict the quantity, cost, and price of the resources
required to complete a job.
Membership Plan's means subscription or
other kinds of membership offers provided by the Company
to Users from time to time through online or offline media. The terms, conditions and prices of such
plans shall be communicated through the applicable media at the time of issuance of such offers.
Service's means services provided
through the Platform, as described in further detail under
Clause 3 below. The Services provided through the Platform may change from time to time, at the sole
discretion of the Company.
User or You shall mean any individual who owns a
vehicle (primarily out of the manufacture
warranty period) in urban centres especially metros, who is desirous of availing Services on the
Platform as and who are registered on the Platform for this purpose.
Services
The Services constitute a technology platform that enables Users of the Company’s Platform, provided
as part of the Services, to arrange and schedule repair or maintenance services for your vehicle
with independent third-party providers. Once you submit a request, we may provide you with a list of
possible service providers along with their experience information.
The Company also provides towing service to get your vehicle out of the situation and back on road
on a chargeable basis.
You acknowledge that the Company does not provide any repair and maintenance services for its
customers and that all such above stated services are provided by other independent third-party
contractors who are not employed by the Company.
You acknowledge that even after accepting and/or confirming an appointment for service/repair of
your vehicle, the Company cannot guarantee its availability. At the time of your appointment request
to the Company, the Company will make reasonable efforts to connect you with the independent
third-party service provider so that you can avail automobile repair service at or near your
location.
You acknowledge that the cost and time period for the services/repairs are estimated in accordance
with your request and are proximate in nature.
Eligibility
You hereby represent and warrant that you are eighteen (18) years of age or above and are fully able
and competent to understand and agree to the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these terms, and to abide by and comply with the Terms
stated therein.
You are in compliance with all laws and regulations in the country in which you live when you access
and use the Services. You agree to use the Services only in compliance with these Terms and
applicable laws, and in a manner that does not violate our legal rights or those of any
third-parties.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf
of that organization and you represent that you have the authority to act on behalf of your
organization.
Use of Services
You must create an account in order to use some of the features offered by the Platform. Use of any
personal information you provide to us during the account creation process is governed by our
Privacy Policy available on our app/website. You must keep your password confidential and you are
solely responsible for maintaining the confidentiality and security of your account details, all
changes and updates submitted through your account, and all activities that occur in connection with
your account.
Following sign-up, we will make certain Services available to you free of charge. The Services will
include the ability to search for service providers for automotive repair or servicing work, the
ability to view detailed profiles of service providers and their service prices and rating
information, and the ability to post feedback and ratings in relation to any 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 service provider if you have availed Service
from them as a result of your use of the Platform.
Support
The Company offers an email as well as phone call-based support system along with an online knowledge
pool of FAQs. In case you require any assistance or support, you may access support resources Live
Chat or contact our support by emailing at [email protected] or calling our helpline at
+91-9064113169 (Monday to Sunday between 7 am and 9 pm).
The Company shall revert to every complaint at the earliest upon receipt of the complaint during the
business days. Further, the Company shall take the best possible efforts to redress the complaint
within 7 days of receipt of the complaint. Any suggestions by the Company regarding the use of the
Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint
received in accordance with the standard policies and procedures adopted by the Company, the User’s
disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal
of the complaint by the Company. Any suggestions by the Company regarding the use of the Service
shall not be construed as a warranty.
The Company shall take reasonable care and measures required for the safety of your vehicle in our
possession. In the event, the User’s vehicle is stolen while in the possession of the Company, the
Company will take all reasonable measures and extend necessary support to the User for recovering
their vehicle, such as, promptly informing the User of the occurrence of the theft, immediately
report the theft to the nearest police station, co-operate and aid the local authorities to recover
the vehicle, etc.
Prohibited Usage of Platforms
Users shall be prohibited from carrying out any illegal activity in the Platform including but not
limited to acts mentioned are violating or attempting to violate the integrity or security of the
Platform; transmitting any information on or through the Platform that is disruptive or competitive
to the provision of our Services; intentionally submitting on the Platform any incomplete, false or
inaccurate information; making any unsolicited communications to other Users; using any engine,
software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent
agents) to navigate or search the Platform; circumventing or disabling any digital rights
management, usage rules, or other security features of the Platform. Any unlawful activities on the
Platform are prohibited by the laws of India.
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an
affected person in writing or through email signed with electronic signature about any such
information as mentioned above, be entitled to disable such information that is in contravention of
this Clause 7. We shall also be entitled to preserve such information and associated records for at
least 90 days for production to governmental authorities for investigation purposes. In case of
non-compliance with any applicable laws, rules or regulations, or the Agreement (including the
Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage
rights to the Platform and Services and to remove non-compliant information from the Platform.
We may disclose or transfer User-generated information to our affiliates or governmental authorities
in such manner as permitted or required by applicable law, and you hereby consent to such transfer
by us. In accordance with the applicable laws, we shall transfer sensitive personal data or
information including any information, to any other body corporate or a person in India, or located
in any other country, that ensures the same level of data protection that is adhered to by us, only
if such transfer is necessary for the performance of the lawful contract between the Company or any
person on its behalf and the User or where the User has consented to data transfer.
User Comment Feedback & Other Submissions
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Platform or otherwise disclosed, submitted or offered in connection with your use of the Platform (collectively, the "Comments") shall be and remain Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be under no obligation
You agree that no Comments submitted by you to the Platform will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Platform will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service on the Platform. We may terminate or restrict your use of our Platform and Services if you violate these Terms or engage in any illegal or fraudulent use of our Platform or Services.
You agree that neither you nor anyone acting on your behalf, will directly or indirectly, publish, post, or otherwise issue any defamatory comments or remarks, in writing, orally or electronic format, against the Company, and its respective employees, clients, operations or services. Any violation of these Terms or intimidation for such will make you liable to compensate the Company for losses caused due to such acts of yours. In order to recover the damages and losses and prosecute you for illegal defamation, the Company shall be entitled to initiate civil and/or criminal proceedings against you as per the appropriate law, by the Company.
User Data
You represent and warrant that any information provided by you in connection with your use of the
Platform is and shall remain true, accurate and complete and that you will maintain and update such
information regularly. You agree that if any information you provide to us is false, inaccurate,
obsolete or incomplete, we may terminate your use of and access to the Platform.
You agree that the Company, may, in accordance with its Privacy Policy, collect and use your
information, technical data, and related information for the validation of the documents submitted.
The Company may use information and data pertaining to your use of the Services for analytics,
trends identification, and purposes of statistics to further enhance the effectiveness and
efficiency of the Platform and transfer the same to its group companies and service providers in
furtherance of your access to these Services. You provide your consent to such use and sharing of
your information.
Subject to applicable laws, the Company may be directed by law enforcement agencies or the
government and related bodies to disclose data in relation to Users in connection with criminal
proceedings. You understand and agree that in such instances, the Company shall have the right to
share such data with relevant agencies or bodies.
Intelectual Property Rights
The Platform is designed, updated and maintained independently by the Company. When you access the
Platform, you do so under a license granted from us. All rights, titled and interest in text,
graphics, audio, design and other works on the Platform together with all the intellectual property
related thereto including inter alia the domain name, copyrights, the look and feel of the Platform,
the trade name and trademarks, patents and designs are the sole property of the Company or its
licensors. All third-party trademarks and brand names that appear on the Platform are the property
of their respective owners. Content on the Platform is for personal use only, unless permitted
otherwise. Any alteration of the material or use of the material contained in the Platform for any
commercial purpose is a violation of the intellectual property of the Company and/or its affiliates
or associates or of its third-party information providers. We reserve the right to suspend or cancel
the service at any time if a computer virus, bug, or other technical problem corrupts the security
or proper administration of the service.
You acknowledge and agree that through your use of the Platform or by availing any Services through
or at the Platform, no right (empress or implied) is granted to you in respect of such Content. The
Company reserves the right to change or modify the Content from time to time at its sole discretion.
License
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sub
licensable, revocable, non-transferable licence to (i) access and use the Applications on your
personal device solely in connection with your use of the Services; and (ii) access and use any
content, information, and related materials that may be made available through the Services, in each
case, solely in connection with your use of the Services. The Company and its licensors reserve all
rights not expressly granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license,
sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit
the Platform and Services, except as expressly permitted in the Terms and Conditions. No licenses or
rights are granted to you by implication or otherwise under any intellectual property rights owned
or controlled by the Company or its licensors, except for the licenses and rights expressly granted
in the Terms and Conditions. The Platform and the intellectual property rights vested therein are
owned by the Company.
Limitations of Liability
The Company does not warrant that the results that are obtained from the use of the Service will be
accurate or reliable. You agree that except as expressly stated by the Company, the Services and all
the products provided/delivered to you through the Service are provided 'as is' and 'as available
for your use, and are without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties. While we endeavour to ensure your access and
use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its
server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your
requirements.
In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors, liable for indirect, incidental, special, exemplary, punitive or
consequential damages, including lost profits, lost data, personal injury or property damage related
to, in connection with, or otherwise resulting from any use of the Services, even if the Company has
been advised of the possibility of such damages.
The Company shall not be liable for any damages, liability or losses arising out of your use of or
reliance on the Services or your inability to access or use the Services; or any transaction or
relationship between you and any third-party provider or any delay or failure in performance
resulting from causes beyond Company’s reasonable control.
Exemptions to Liability of Company
User further agrees and confirms that the Company shall not be responsible, in any manner whatsoever,
for any delay/unavailability of Services or failure to meet its obligations under the Terms and
Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your
unavailability and/or unresponsiveness; your failure to provide accurate and complete information;
your failure to provide or facilitate the submission of User materials in a timely manner; or any
event beyond the Company’s reasonable control.
User further agrees that the Company shall be only liable to provide assistance and cooperation in
the event of theft or accident of the vehicles while in the premises of the service partners. The
Company shall provide all requisite assistance in a timely manner in respect of any insurance
claims, reporting to police and/or any other formal steps as may be required but shall not be liable
to compensate the User for its loss unless the same is caused due to an act solely attributable to
the Company or due to gross negligence of Company (and not the service partner).
Billing / Charges
You acknowledge that by using the Services, you may be subject to charges from a third-party service
provider for the services you receive ("Charges"). The Company, as a limited payment collection
agent for a third-party service provider, will facilitate your payment of the applicable Charges
after you have received services through your use of the Service. The Charges will be handled as if
you had directly paid the third-party service provider. All Charges will include all applicable
taxes unless otherwise specified by law. Unless otherwise stated by the Company, all Charges paid by
you are final and non-refundable.
The Charges may be updated or changed at any time as per the analysis of the third-party services
provider or your new requests. The updated Charges shall be communicated to you by the Company and
only upon your approval of the Charges, the services will be provided by the third-party service
provider.
You acknowledge that the Charges from a third-party service provider shall be duly paid and on
account of default in payment, the same shall be considered as a breach of these terms. In the event
you commit such a default/breach, you shall be liable to pay the liquidated damages of an amount
equivalent to the value of the said services. You hereby authorize the Company to deduct or collect
the amount payable as liquidated damages through such means as the Company may exercise.
In case of any material changes have been made and there is a default in payment by the User, the
Company has a right to keep the vehicle in its possession until and unless payment in full has been
made by the User along with other costs if applicable. In the event you fail to make the payment of
the Charges despite the passage of more than 90 days since the completion of the services, the
Company shall be entitled to recover the same by selling off your vehicle.
You acknowledge that you will be liable for the payment of towing services provided by the Company
as per the Company’s Charges.
Membership Plans will be offered by the company from time to time through its website, app, social
and print media. You can purchase the membership through the Platform by adding it into the cart,
checking out and making the payment.
The Company reserves the right to alter/modify/suspend/discontinue any terms and conditions
associated with the Fee including but not limited to the period, rate, services included in the
membership. Further, the Company shall give you notice of any change made to the features of the
membership prior to the expiry of the same. We will provide you with advance notice of any change in
Fees.
In the event the User fails to collect their vehicle at the agreed date of delivery, the Company
shall arrange for the storage of the vehicle at the User’s risk and expense. Following such failure
by the User, a parking fee of Rs. 500 per day will be charged by the User for such storage.
Payment for the Services by the Users may be processed through the third-party internet payment
service providers. By purchasing any Services through the Platform, the User hereby consents and
agrees to abide by such third-party Internet payment service providers’ applicable terms and
conditions and privacy policies. The User agrees and acknowledges that the Company has no
responsibility or liability under the terms and conditions and policies of the third-party internet
payment service provider. In the event such third-party internet payment service providers’ customer
terms and conditions or privacy policies are not acceptable to you, please do not purchase such
Services through the Platform.
Additionally, we have no authority over, or liability for, the delivery, safety, legality or any
other such aspect of transactions or services availed by the Users through the third-party internet
payment service providers. The Company will not be responsible for ensuring that any third-party
internet payment service provider the Users operate with, will carry out the complete transaction,
or has the appropriate authority to do so. In the event, the Users experience any disruptions or
problems while making the payment for the Services through the third-party internet payment service
providers, or if the User has a dispute with such third-party internet payment service providers,
the User should resolve the disruptions, problems or disputes directly with that third-party
internet payment service provider.
Cancellation & Refunds
You have no right to request a refund or cancellation for an accepted service from the Platform. Once an order is placed (i.e., upon acceptance of the estimated cost by the User), you shall not be entitled to cancel such order or seek a refund for the Services provided.
Dispute Resolutions
In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Delhi shall have sole jurisdiction over the matter and/or for the enforcement as the case may be.
Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Delhi, India.
General Provisions
Severability: If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Waiver: Any failure by the Company to
enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver
by the Company of that provision or right.
The Company provides these Terms so that you are aware of the Terms that apply to your use of the
Platform and Services. You acknowledge that the Company has given you a reasonable opportunity to
review these Terms and you have agreed to them.
The Terms and Conditions are personal to you and are not assignable or transferable by you except
with Company’s prior written consent. The company may assign, transfer or delegate any of its rights
and obligations hereunder without any consent.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly
given when received if personally delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail or 2
days after it is sent, if sent for next day delivery by recognized overnight delivery service.
No agency, partnership, joint venture, or employment relationship is created as a result of the
Terms and Conditions and neither party has any authority of any kind to bind the other in any
respect.
Termination
The Company may terminate your usage of the Platform or any Service at any time for any reason,
including breach of the Terms and Conditions. The Company has the right (but not the obligation) to
refuse to grant access to the Platform. Except for the rights and licenses granted in these Terms,
we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the
Platform under the same account, a different account or re-register under a new account. On
termination of an account due to the reasons mentioned herein, such User shall no longer have access
to data, messages and other material kept on the Platform by such User.
You may terminate these terms at any time, for any reason. The obligations and liabilities incurrent
by the parties prior to the termination date, for all intents and purposes, will survive the
termination of these Terms. These Terms will remain in effect until either you or we terminate them.
If you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we
may terminate this agreement without notice, and you will remain liable for all amounts due up to
and including the date of termination.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services and Platform; or your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
Contacting You
You agree that we may contact you through telephone, email, SMS, or any other means of communication
for the purpose of obtaining feedback in relation to Platform or our Services; obtaining feedback in
relation to any other Users listed on the Platform; or resolving any complaints, information, or
queries by other Users regarding your critical Content.
You agree to provide your fullest co-operation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can
use and share such feedback for any purpose without any compensation to you and we are under no
obligation to keep such feedback confidential.
Account Deletion
When a user submits their registered email, the data associated with that email will be deleted by following a specific URL is https://vahan.exploreanddo.com/delete-user-account .