Last Updated On: 01-01-2024
This Agreement lays down the terms of Services, agreed upon by the BikePromech and User. Whether stated explicitly in the Agreement or not, the BikePromech and User have the duty of confidence and trust, and to make only lawful and reasonable demands on each other.
This Agreement is a standard Agreement that Registered Users will enter with BikePromech for complete transparency, disclosure and maximization of the Service experience.
This Service Agreement (this “Agreement”) is made and entered into on the date of acceptance of Service terms between Users and BikePromech.
BY AND BETWEEN
BikePromech, a Company (“BikePromech”) operating Website (“BikePromech.in”) (hereinafter referred to as the “BikePromech” which expression shall, unless it is repugnant to the context, mean and include her legal heirs, successors, administrators and assigns or anyone claiming through or under her); OF FIRST PART
Registered Users, which includes Customer who is taking Company Services for bike repair and maintenance through Platform owned and operated by Company (hereinafter collectively referred to as the “User” which expression shall, unless it is repugnant to the context, mean and include her legal heirs, successors, administrators and assigns or anyone claiming through or under her); OF SECOND PART
‘BikePromech’ and ‘User’ are hereinafter collectively referred to as “Parties” and individually as “Party“.
- Company is engaged in operating the Platform which engages in providing repair and maintenance Services for bikes which include but not limited to restoration, repair, pickup & drop and custom built.
- User is a Registered User of Platform who is desirous of availing Services of Platform..
- The Parties have decided to enter into this Agreement for carrying on the business mentioned above in this Agreement.
- The Parties have decided to reduce the terms and conditions of their Services into writing as per the terms and conditions appearing hereinafter.
NOW THIS SERVICE AGREEMENT HEREBY WITNESSETH AND THE PARTIES HERETO HEREBY MUTUALLY AGREE AS FOLLOWS:
Except where the context requires otherwise, this Agreement will be interpreted as follows:
- Headings used in this Agreement are for convenience only and do not affect the construction or interpretation of any provision of this Agreement;
- Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meaning.
- Words in the singular include the plural and words in the plural include the singular;
- A reference to one gender includes a reference to the other gender;
- All warranties, representations, agreements and obligations expressed to be given or entered into by more than one Party are given or entered into jointly and severally by the Party concerned;
- A reference to a document is a reference to the document whether in paper or electronic form;
- A reference to a statute or statutory provision includes, to the extent applicable at any relevant time:
- That statute or statutory provision as from time to time consolidated, modified, re-enacted or replaced by any other statute or statutory provision whether before or after the date of this Agreement; and
- Any subordinate legislation or regulation made under the relevant statute or statutory provision.
- References to writing include any mode of reproducing words in a legible and non-transitory form.
- PURPOSE OF THE AGREEMENT:
The Parties are entering into this Agreement in order to describe the terms and conditions under which Platform shall provide Services through Company’s Independent Contractors (not employees) who would be registered with the Company and will provide the Services described on Platforms. Company however, is not responsible for any theft, injury, destruction, malpractice, misdemeanour done by Independent Contractors outside the purview of such Services
- SCOPE OF SERVICES:
Company through Platform shall provide a link for User and Independent Contractors to engage and to present a wide set of Bike repair and maintenance solution with engagement of Independent Contractors based on problem (issue) stated by the User and to provide effective and efficient Services.
The Parties hereby agree that the Agreement shall come into force on the Registration/ use of User on/of Platform and enrolling for Services.
- TERM AND TERMINATION:
- This Agreement will be in effective for a total period till the User’s desired Services are completed by the Independent Contractor, as availed through Platform..
- User shall have a right and responsibility to update the User related information at all times to Company in toto before availing Services. All the information provided by the User shall be deemed to be completely true.. Any loss caused by such concealment of information shall be treated as a loss to Company and User shall be liable to make good the losses.
- Provisions of Services as described in the Agreement can be changed and updated; however any changes in the terms and condition of Agreement shall be communicated as an update on Platform.
- The Agreement shall be terminated by the Company upon Bankruptcy, Insolvency, legal implication, and criminal prosecution, unsounded of mind or death of User or any other reason based on discretion of Company.
- Company shall reserve the right to terminate the registration of its User if the Parties including Independent Contractor and Users enter into an internal agreement for present or future services, bypassing the terms of this Agreement.
- PAYMENT MODEL:
- Platform work on an inbuilt payment model of INR 199 to be charged as inspection charges to be paid upon the inspection by Independent Contractors who will be providing the requisite Services to Users. Platform does not recognise any Payment or communication made outside the Platform. Any payment or Communication made by User outside shall not be construed as Payment or communication on Platform.
- Upon through inspection of the vehicle by Company’s Independent Contractor; estimated quote shall be provided to the User and upon acknowledgement of the same Services shall be provided.
- Any additional Services, for which Partners and Customer entered into an internal relationship, shall not be acceptable by Company. No such fees shall be responsibility of the Company. Company in such cases shall not be responsible for vehicle damage, Service warranty, part warranty and dispute between User and Independent Contractor.
- Company accepts payment both in Online and Payment on Services/ delivery of vehicle.
- Company shall have a right to hold or refuse delivery of vehicle in case of non-payment or payment failure by User.
- CANCELLATION AND REFUNDS OF SERVICES:
Following presents the circumstances of Cancellation and refunds provided by the Company on case to case basis, User understands and accepts that the same is at the discretion of the Company and is not extended as a right.
- No cancellation shall be entertained by the Company once the assigned Independent Contractor confirms the User booking or moves to the User’s allocated address for completion of Services. In such cases, the Services will be deemed to be commenced and hence no cancellation shall apply.
- In such cases as per clause 7(a), the User can refuse the Service charge; however will be liable to pay fixed inspection fees of INR 199. Once the said inspection fee is paid, the Services shall be deemed to be canceled.
- Once the booking has been scheduled by the Company, the same cannot be cancelled; however new booking can be made via mobile app.
- If any Independent Contractor assigned by the Company cancels the visit to User allocated location, Company shall provide a replacement within 6 hours through its Customer Support team via email at email@example.com.
- User shall not be liable to pay any charges if Services are canceled by the Independent Contractor.
Currently Company does not provide any refundable Service to its User, however, if upon valid request of Service dissatisfaction, through undesired Service by Independent Contractor or other issues (to be ascertained by Company), Company shall provide corrective Service free of charge to the User. This shall not include change in mindset of User after Services are provided.
Users can write to Company at firstname.lastname@example.org to adjust any dissatisfaction and receive corrective Services; however the same shall be done within 24 hours of the Independent Contractor providing the Services. Scheduling of such a Service shall not be entertained after 7 days, provided the intimation was provided within 24 hours.
REFUNDS OTHER THAN DISSATISFACTION:
Refunds shall be instituted by the Company in following cases:
- User card/ bank charged multiple times during payment;
- Amount being deducted even when the transaction is failed, excess shall be refunded;
For initiating refunds as mentioned above User shall write to customer support at email@example.com, as a written intimation of such refund request along with the payment transaction number and original payment receipt. Once Company acknowledges the same, the amount deducted in excess shall be returned to the User.
- Processed in original payment method;
- Will take 5-7 business days to be reflected in the original payment method.
- BILLIG CHARGES:
- User shall pay a visiting/ inspection charge of INR 199, even when Services are refused by the User.
- User shall be liable to pay the towing charges as per Company’s rates.
- LIMITATION OF ROLES AND RESPONSIBILITY OF COMPANY AND PLATFORM:
Platform enables various User to get the desirous Services at the best competing Prices. The Service provided however falls outside the roles and liabilities guaranteed by Company and Platform. Therefore User understands and agrees:
- All Services booked and done are final. There is no refund of Service by Company based on any deficiency of Services claimed by User without valid rationale or any dissatisfaction based on Services should be raised with the Company as per clause 7.
- On completion of Services read with User shall pay the agreed Service fees to the Company.
- Company or Platform shall not be responsible for any internal arrangement entered or mutual consent between the User and Independent Contractor. Any dispute in this regard will not be entertained.
- Company shall provide 5 reminders to the Users after Services are provided by the Independent Contractor, however if the User does not collect their vehicle, Company shall not be liable for any vehicle damage or parts for a period extending after 3 months from the date of first reminder.
- Company shall not be responsible for any documents stored inside the vehicle, including but not limited to DL, RC, PUC, Insurance etc. and it is User responsibility to collect the same before the Services.
- Company shall not be liable for belongings under the storage box.
- Company can install used parts in cases where User is made aware or due to the unavailability of new parts.
- User has the right to cancel the Services at all times by the Company, however the same shall be informed to the Company and Independent Contractor and the vehicle shall be released upon payment of delivery cost, cost of parts installed and Service charges.
- Company shall provide an estimated timeline to complete the Services however repair and delivery time might vary due to repair type, inventory, part unavailability or any force majeure situation.
- WAIVING OFF COMPANY’S RESPONSIBILITY:
Company shall not be liable for any Cancellation, refund or making good the losses in following cases:
- Company is dedicated to providing honest Services to its Users, however Company shall not entertain claims of replacing the original vehicle parts with duplicate ones or replacing the spare parts.
- Vehicle shall be delivered to User allocated location and shall not be responsible for any claim of non- delivery.
- Vehicle shall be delivered to User or person tagged by the User and shall not entertain claims of wrong people taking delivery.
- No challans incurred by vehicle shall be the responsibility of the Company.
- The company shall not be responsible for any road accidents or mis-happenings with the vehicle.
- Only estimated and agreed repairs shall be done by the Independent Contractor and hence no claim shall be entertained for any other deteriorated condition of the vehicle.
- Company shall not entertain the claims of non-performance of the vehicle after Services; any valid claim shall be addressed as per clause 7.
- RESOLUTION CENTER
Company shall provide a dedicated Resolution Centre for its Users. Any dispute should be highlighted on Company within 24 hours of such dispute. However Company shall not be liable for any resolution is the same is done outside the Business model of Platform or any additional Services taken by the Users, for which the Company was not notified. To reach out to the resolution centre User can mail at firstname.lastname@example.org.
All notices (including notices of termination or breach) will be in English, in writing, and addressed to the other Party representative. The Parties have mutually decided that correspondence between the Parties shall be done through emails/messages as set forth below:
If addressed to Company:
If addressed to User:
The Notices shall be addressed to User on registered email.
All notices shall be deemed to have been validly given on the Business Day immediately after the date of transmission with a confirmed answer back if transmitted by facsimile/electronic transmission.
- User undertakes that on execution of this Agreement, User shall neither individually nor collectively, enter into any kind of agreement, association, joint venture, or any other form of entity which is directly of/or even indirectly relates to a company which is a completion/competition to the business of the Company.
- The Parties agrees to not enter into such arrangements/agreements with competitors of Company which shall not only be limited to Location.
- The restrictions prescribe in sub-clause (a) and (b) of clause 13 shall survive for a total period of four (4) years.
- Compelled Disclosure shall be permissible by either Party and the other Party shall comply when it is compelled to by a judicial order or other Law that requires the disclosure of Discloser’s Confidential Information, as long as both the Parties promptly notifies each other of such, and provides Party concerned with an opportunity to challenge the order, unless doing so is prohibited by Law.
- The prohibition from disclosure of confidential information will not apply if:
- the disclosure of Information which the recipient can reasonably demonstrate is in the public domain through no fault of its own;
- the disclosure of Information in confidence to any professional adviser to any of the parties to obtain advice or assistance in connection with its obligations or rights; or
- User hereby agrees to indemnify and agrees to keep indemnified, defend and hold harmless Company against all reasonable and direct losses, expenses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs, charges, actions, proceedings and demands brought against or suffered by any of them resulting from, arising out of or relating to a breach or non-performance by the Parties of any of its representations, warranties, covenants, responsibilities and/or assurances contained herein.
- Company shall not be liable for any indemnification except for its Cancellation and Refund Policy per clause 7.
- ARBITRATION: Any disputes arising out of or in connection with this Agreement or its Interpretation which Parties agree to may be submitted by either Party to arbitration in Haryana by the laws of India or any re-enactment or modification thereof. The arbitration proceedings shall be conducted and any arbitration award shall be made in English. The costs and expenses of the arbitration tribunal shall be split evenly among the Parties and shall be recovered by the prevailing Party.
- The Parties shall mutually agree on the arbitrator to preside over the Arbitration.
- The minutes of Arbitration proceedings shall be recorded individually by both the Parties.
- Any decision or award of the arbitration tribunal shall be final and binding upon the Parties unless otherwise decided by the arbitration tribunal.
- RESERVATION OF RIGHTS:
No forbearance, indulgence or relaxation or inaction by any Party at any time to require performance of any of the provisions of this Agreement shall in any way affect, diminish or prejudice the right of such Party to require performance of that provision and any waiver or acquiescence by any Party of any breach of any of the provisions of this Agreement shall not be construed as a waiver or acquiescence of any right under or arising out of this Agreement, or acquiescence to or recognition of rights and/or position other than as expressly stipulated in this Agreement.
- CUMULATIVE RIGHTS:
All remedies of either Party under this Agreement whether provided herein or conferred by statute, civil law, common law, custom, trade, or usage are cumulative and not alternative and may be enforced successively or concurrently.
- PARTIAL INVALIDITY:
If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision.
This Agreement may not be varied except upon as an updated version on the Platform to which the User holds a right to communicate with Company.
- GOVERNING LAW AND JURISDICTION:
Any disputes arising out of or in connection with the validity, interpretation or implementation of this Agreement shall be governed by the laws of India. This Agreement shall be subject to courts of Faridabad, Haryana jurisdiction only.
- ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement between Parties in respect of the Scope of Services referred under this Agreement and accordingly supersedes and cancels all previous agreements, representations and understandings expressed or implied and may only be modified in writing signed by the duly authorized representatives of each Party hereto.
23. Termination of Service Warranty Agreement for Abusive Language and Legal Action
This Agreement, referred to as the “Abusive Language and Legal Action Clause,” outlines the terms and conditions governing the use of language by the customer, hereinafter referred to as the “Customer,” and the rights and actions of BikePromech, hereinafter referred to as the “Company.” By availing themselves of BikePromech’s services and accepting the terms herein, the Customer explicitly acknowledges and agrees to the following conditions:
1. *Prohibited Language and Conduct*: The Customer shall refrain from using abusive, offensive, or derogatory language in their communication with Company representatives. This prohibition includes but is not limited to abusive language used in phone calls, messages, emails, or in-person interactions.
2. *Termination of Service Warranty*: In the event that the Customer breaches the prohibition against abusive language and conducts themselves in a manner inconsistent with respectful and professional communication, the Company reserves the right to terminate the Service Warranty Agreement. Such termination shall be at the Company’s discretion and does not exempt the Customer from their contractual obligations or liabilities.
3. *Legal Action*: In cases where the Customer’s conduct involves abusive language or behavior that is illegal or in violation of applicable laws, the Company reserves the right to take legal action against the Customer as per the relevant legal provisions. Legal action may encompass pursuing civil or criminal charges as appropriate.
4. *Recovery of Costs*: The Customer shall be held responsible for any costs incurred by the Company, including legal fees and damages, resulting from legal action necessitated by the Customer’s conduct.
5. *Notice of Termination*: In the event of termination of the Service Warranty Agreement based on abusive language or behavior, the Company shall provide the Customer with written notice of such termination. The notice shall specify the grounds for termination and the effective date of termination.
This Agreement constitutes the comprehensive and exclusive statement of the understanding between the Customer and BikePromech concerning the use of language and the consequences of abusive behavior. Any amendments to this Agreement shall be valid only if documented in writing and signed by both parties.
By accepting these terms, the Customer demonstrates their comprehension of the Abusive Language and Legal Action Clause and their accord with the stipulated conditions. The Company, reciprocally, remains committed to providing its services within a respectful and professional framework, and any violation of this framework may result in the actions described herein.
24. Delivery Terms and Conditions
This Delivery Terms and Conditions Agreement (“Agreement”) governs the terms and conditions of vehicle delivery and addresses the responsibilities of BikePromech, hereinafter referred to as the “Company,” and the customer, hereinafter referred to as the “Customer.” By engaging with BikePromech‘s services and accepting the terms herein, the Customer acknowledges and agrees to the following conditions:
1. *Vehicle Delivery Attempts*: The Company will make multiple attempts to deliver the vehicle to the Customer as agreed upon. This includes contacting the Customer via the provided contact information. In the event of a “no show” or non-responsiveness from the Customer after repeated attempts, the following provisions will be enforced.
2. *Parking Charges*: In the case of a “no show” or non-responsiveness, BikePromech reserves the right to impose parking charges at a rate of ₹50 per day on the Customer. These charges will accrue on a daily basis from the date of the first delivery attempt.
3. *Storage Period*: After one month of “no show” or non-responsiveness, the Company will consider the vehicle abandoned. At this point, the Company will initiate the process of submitting the vehicle to the local police station as per legal requirements.
4. *Responsibilities Upon Police Submission*: When the vehicle is submitted to the police station, the Customer is responsible for claiming the vehicle from the police station and complying with any legal obligations and documentation requirements as specified by the authorities.
5. *Invoice and Charges*: In addition to the parking charges incurred, the Customer will be responsible for settling the full invoice amount, which includes but is not limited to parking charges, transportation charges, and maintenance charges.
6. *Legal Recourse*: In the event of non-compliance with these terms, the Company reserves the right to pursue legal actions to recover any outstanding charges, including but not limited to taking legal action to retrieve unpaid fees.
This Agreement represents the complete and exclusive statement of the understanding between the Customer and BikePromech concerning vehicle delivery terms. Any amendments to this Agreement shall be valid only if documented in writing and signed by both parties.
By accepting these terms, the Customer demonstrates their comprehension of the Delivery Terms and Conditions Agreement and their accord with the stipulated delivery conditions. The Company, reciprocally, is committed to ensuring a seamless and efficient service experience.
25. Service Warranty Terms and Conditions
BikePromech is committed to providing you with top-quality service and standing by our work. We offer a service warranty period for vehicle repairs completed by our authorized centers, ensuring the quality and reliability of the services we provide. Please note that this warranty comes into effect from the date of service completion, as specified by BikePromech.
It is important to be aware that if you choose to have your vehicle repaired at a local repair shop or in an OEM-authorized center during BikePromech‘s service warranty period, BikePromech will not be able to address any complaints or warranty claims related to the service provided by these establishments. We strongly recommend that, in the case of any service-related issues or warranty claims, you contact BikePromech‘s customer support team first. You can reach us at 8198979798 or via email at email@example.com. This allows us to provide you with the best possible service and address any concerns promptly.
We understand that there may be exceptions and unique situations where accessing our authorized centers is not possible. In such cases, we will evaluate warranty claims on an individual basis. By utilizing BikePromech‘s services and accepting these terms and conditions, you acknowledge and agree to adhere to these warranty conditions, ultimately ensuring the continued quality and reliability of your vehicle’s service. Your satisfaction is our priority, and we are here to assist you.
This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors of the parties hereto, but neither Party hereto shall assign or transfer its rights and liabilities hereunder to any other Party without the prior written permission of all the other Party.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED THE DAY MONTH AND THE YEAR ABOVE WRITTEN ON DATE OF REGISTRATION OR AVAILMENT OF SERVICES.