Terms & Conditions

Disclaimer and Terms of Use

Thank you for visiting our website of Goserve Auto India LLP (“GSAIL”) at www.goserve.in. Please read these Terms & Conditions (the “Agreement” or “Terms of Use”) carefully before using the services offered or information displayed by GSAIL. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.goserve.in, all other sites owned and operated by GSAIL that redirect to said website and all sub domains (collectively, the “GSAIL Website”), and the services owned and operated by GSAIL on the GSAIL Website.

GSAIL provides technology based services, including but not limited to view all listing of various Service Providers on GSAIL Website, locate the nearest and relevant Service Providers, booking appointment/s, 24×7 road side assistance, see contact details of the listed Service Providers (for Appointment Enabled Service Providers), receive service updates and updates on the status of their booked appointments, etc, among other services on PAN-India basis to you. You agree to obtain services offered by us as well as third party Service Providers, garage owner or vehicle repair workshops, etc (“the Service Provider”).

All the technology based Services provided by GSAIL to you by means of your use or access of GSAIL website, hereinafter shall be referred to as the “Website Service.” Further, contents in GSAIL website are provided for information purpose only and shall not be construed as commercial offer, a license, an advisory, fiduciary or professional relationship between you and GSAIL. For the avoidance of doubt, it is clarified that GSAIL by itself does not provide automobile repair services. It is the third party who shall render services to you & you agree to contact a Service Provider only if you have a genuine requirement for any automobile service offered by the Service Provider. The provision of the automobile repair services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and that GSAIL shall never be a party to such agreement.

Any person logging on to or using GSAIL website (“You” or “Your” or “Yourself” or “the Visitor” or “User”) has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between you and GSAIL. This Agreement constitutes the entire and only agreement between GSAIL and you with respect to GSAIL Website Services and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to GSAIL website, the content, products or services provided by or through GSAIL website, and the subject matter of this Agreement. This Terms of Use may be amended at any time by GSAIL from time to time without specific notice to you. The revised Terms of Use will be posted on the GSAIL website, and you may visit the homepage to view the most current Terms of Use prior to using GSAIL website. GSAIL reserve the right to publish information of any offer, scheme or any promotional program on GSAIL website. It may
be subject to the additional terms and conditions mentioned specifically therein, which you are presumed to have read and accepted in addition to Terms of Use stated herein.

The information on this GSAIL website is presented as general information and no representation or warranty is expressly or impliedly given as to it accuracy, completeness or correctness. You are presumed to have read the terms and conditions of GSAIL website and is deemed to have agreed, understood and accepted unconditionally all the terms, conditions, procedure and risks for use of GSAIL website and cannot claim, at any time, ignorance of any or all of them. All relationships of this website wheresoever’s situated is governed by and in accordance with the laws of India and jurisdiction of Ahmedabad courts, India. You agree to the exclusive jurisdiction of the courts of Ahmedabad, India in relation to any dispute relating to this Terms of Use. GSAIL makes no representation that materials at GSAIL website are appropriate or available for use outside India, and access to them from territories where there contents are illegal or prohibited. You may not use, export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations.

Purpose of GSAIL website

No information provided on this GSAIL website shall be considered as substitute for your independent investigation, qualified professional automobile advice. GSAIL website may unintentionally include inaccuracies or errors with respect to the description of the services. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. The offers, specifications, images and other details herein are only indicative and GSAIL reserves the right to change any or all of these in the interest of GSAIL. Services or Offer details (including cost) listed on GSAIL website is indicative in nature, actual product cost might be different. The visitor represents and warrants he / she is fully aware of the laws of India and the visitor is neither violating nor attempting to violate any law. GSAIL does not have any control over the results of searches carried out by You on GSAIL website. The result of any search for Service Providers conducted by You on GSAIL website shall not be construed as the opinion or preference of GSAIL.

Eligibility to Use

GSAIL reserves the right to refuse access to GSAIL Website or Website Services to new visitor/Users or to terminate access granted to existing Visitor/Users at any time without according any reasons for doing so. In order to avail the Website Services, You will have to register on GSAIL Website and create an account (Account) and then proceed with registration. You agree to provide details about Yourself, including Your name, contact details and/or vehicle information, etc. GSAIL reserves the right to review any information /data uploaded by you and delete if it is inconsistent with these Terms of Use. You shall not have more than one active account and you are prohibited from selling, trading or otherwise transferring your account to another individual. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify GSAIL of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You will exit from Your Account at the end of each session. GSAIL cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by GSAIL or any other user of or visitor to the GSAIL Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. GSAIL may at any time, modify or discontinue all or part of GSAIL Website , charge or offer opportunities to some or all Visitors Links to Third-Party Web Sites Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by GSAIL of the linked websites, even if they may contain GSAIL logo, as such websites are beyond GSAIL control. GSAIL recommends reading such site’s terms and conditions and/or privacy policies before using such websites. Thus, GSAIL cannot be held responsible for the content of any linked site or any link contained therein.

You acknowledge that framing GSAIL website, or any similar process is prohibited.

Warranty and Liability

GSAIL does not warrant any results derived from the use of any software available on GSAIL website or website itself. You are solely responsible for any use of the materials contained in GSAIL site. GSAIL is only a facilitator between You and the Service Provider. Any contract for automobile-related services between You and the Service Provider shall strictly be a bipartite contract between You and the Service Provider. The information contained in GSAIL website does not extend or modify the warranty that may apply to you as a result of a contractual relationship with GSAIL. While GSAIL will use reasonable efforts to provide reliable information through GSAIL website.

You agree that GSAIL does not assure you the availability of appointment even after accepting and / or confirming the appointment. GSAIL shall made reasonable efforts to bring you in contact with the Service Provider in order to availed automobile repair service in or around your location at the time of your appointment request made to GSAIL.

GSAIL will not be liable / responsible for any illegal conduct of the Service Provider of automobile related services. However, GSAIL recommends you to notify about any complaints that you may have against the designated Service Provider. Any complaint / feedback posted by you on the GSAIL Website regarding any services availed by you may be required to be substantiated by accompanying evidence, as necessitated or requested by GSAIL. GSAIL shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event. GSAIL will not be liable for any indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in GSAIL website or any linked website. GSAIL shall not be responsible for any loss of communication / information of status update & benefits under any Services or program of GSAIL.

All this information will be send on mobile number &/or email ID registered with GSAIL. GSAIL will not be responsible for appropriateness of mobile or email or any other communication medium.

You will be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding appointment confirmation. GSAIL does not warrant that GSAIL website, its servers, or e-mail sent from its customercare@mahindrafcs.com are free of viruses or other harmful components. GSAIL will not be liable for any damages of any kind arising from the use of GSAIL website.

Procedure for availing the services of the Service Providers / booking an appointment: 1. In order to avail the Services, You shall be initially required to either log-in through the GSAIL website ; or dial the dedicated number of GSAIL ; or directly approached listed Service Provider (2) GSAIL is entitled to at all times verify the information that you have provided. You may only access GSAIL Website Service using the authorized means. It is your responsibility to check to ensure visit the correct website or dial-in the accurate call center number (3) GSAIL reserves the right to discontinue or introduce any of the modes of booking appointment (4). Upon receiving your request for appointment, GSAIL shall communicate the same to designated Service Provider and Service provider may accept or reject your appointment depending on the availability of Service Provider /time slot (5) The Service Provider has discretion over whether to receive the appointment request made by GSAIL. If the Service Provider accepts the booking request made by GSAIL, the GSAIL notifies you and provides the information regarding the Service Provider including its name, contact number etc. (6) You warrant that the information you provide to GSAIL is accurate and complete. (7) Even after acceptance of appointment, the Service Provider may not respond or decide not to render his services in which event GSAIL shall not be held liable to you. (8). GSAIL shall be entitled at any time without giving any reason or prior notice to terminate or cancel your appointment. Please note that GSAIL is not responsible for the behavior, actions or inactions of Service Provider of quality of services which you may use (through us or otherwise). Any Contract for the provision of taxi services is between you and the Service Provider and not us .GSAIL simply provide a GSAIL Website to introduce Service Provider to you.

Charges and Payment: You will make payment in full to any designated Service Provider introduced to you through GSAIL for any services availed by you (although you may choose to use the application / payment gateways to facilitate such payment). You shall be required to pay charges for repair service to the Service Provider and the rates of can be found on the GSAIL Website. The repair charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the services. You agree that you will pay for all services/product you purchase from the Service Provider either by way of cash or debit card or credit card. In the event the payment cannot be accepted through credit card / debit card, you shall be required to pay the charges by way of Cash. Any payment made is non-refundable. At the end of the successful transition on GSAIL website, we will facilitate for you to receive a copy of the invoice from the Service Provider on your registered e-mail account with GSAIL. You are solely liable for the payment of all central, state and local levies, taxes, duties, fines and penalties (including without limitation service tax, sales taxes, value added taxes, excise and customs duties, if any) by whatever name called, as may become
due and payable in relation to the automobile services .

Book Appointment

It shall be the responsibility of the Service Provider to honor your service appointment. GSAIL is not responsible, and has no liability for the genuineness, the quality or completeness of the automobile-related services provided by the Service Providers to You, including any delay in the provision of automobile-related services by the Service Providers or cancellation of any service appointment made with a Service Provider by You through the GSAIL Website, or for any misconduct or fraud committed by a Service Provider or its employees, representatives, etc. GSAIL cannot be called upon to provide any guarantee/security with respect to the provision of automobile-related services by the Service Provider

Road side Assistance

If you have genuine requirement for the Roadside assistance services (listed on GSAIL platform) for your immobilized vehicle, you may avail the said services by enrolling your vehicle under the specific scheme offered by Third party Service Provider. This Service shall be provided only to immobilized vehicles which have been covered under the Program, as long as the breakdown has occurred at a place accessible by normal Vehicles and towing equipment. However, this Service may not be provided to an immobilized vehicle if it is already at a workshop or a garage. Roadside Assistance services shall be provided as per specific Terms of Use applicable over and above this terms and conditions. Any Compliant in respect to services provided or in respect of service charges shall be dealt by the Service Provider directly. Service liability of GSAIL shall cease either on completion of the in-situ repair or, wherever transfer is required, as soon as the Vehicle reaches the destined workshop or garage.

Service History

GSAIL also provides the details of service history carried out at listed Service Provider along with the Invoice details. Invoice details that are provided is only indicative and not an actual projection of the service costs for actual service costs please refer to the actual hard copy of invoice provided at the time of service.

Indemnification

By accepting these terms and using GSAIL Website, you agree that you shall defend, indemnify and hold GSAIL, its affiliates, its licensors, franchisee partners and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via GSAIL website , or (c) your use or misuse of GSAIL Website.

Term and Termination

The Agreement between GSAIL and you is concluded for an indefinite period. You are entitled to terminate the agreement at all times by disabling the use of GSAIL website. GSAIL is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of GSAIL website) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of GSAIL, misuse the GSAIL website. GSAIL is not obliged to give notice of the termination of the Agreement in advance.

Notice

GSAIL may give notice by means of a general notice on the Service or GSAIL Website, or by electronic mail to your email address on record in GSAIL’s account information, or by written communication sent by regular mail to your address on record in GSAIL account information. In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the GSAIL Website, please report the same to the following e-mail id: support@goserve.in

Modifications of the Terms of Use

GSAIL reserves the right to terminate, revoke, modify, alter, add and delete any one or more of the terms and conditions of the GSAIL website offered, at any time and without notice. You will be automatically bound by these modifications when you use GSAIL website, and should periodically read the Terms of Use.

GSAIL shall be under no obligation to notify you of the amendment to the terms and conditions and you will be bound by such amended terms and conditions. After having read and understood the disclaimer and copyright notice, you hereby agree to accept and abide by all the terms and conditions as mentioned therein at his sole responsibility.

Your use of GSAIL website is subject to the most current version of the Terms of Use made available on GSAIL website at the time of
such use. All rights reserved. Copyright in all material on this website vests in Goserve Auto India LLP and is protected under
copyright.

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