TERMS & CONDITIONS OF SERVICE
TERMS AND CONDITIONS FOR MOBILE APP
This document is an electronic record in terms of 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 electronic record is generated by a computer system and does not require any physical or digital signatures.
Autorox Mobile App (hereinafter referred to as “Mobile App”) is owned by Smart Auto Systems Private Limited with its office at Suite No. 601, Dwellings, Jaihind Gandhi Road, Jaihind Enclave, Madhapur, Hyderabad 500081 TS.
By downloading, mere use of the Mobile App, You shall be contracting with Autorox Mobile App, these terms and conditions including the policies constitute your binding obligations, with Autorox Mobile App
The customer shall mean and include all customers of the Client. (Herein after referred to as “Customer”)
MOBILE BASED PLATFORM
Smart Auto Systems Private Limited is an intermediary and offers a mobile based platform through this Mobile App (Autorox Mobile App). The mobile based platform is a workshop management software designed for workshops for facilitating a variety of activities including vehicle check in , creating job cards, capturing the voice of the customer, providing estimation for parts and labour, getting customer approvals, managing insurance and non-accident jobs, notifying the vehicle updates to customers and insurance companies, tracking progress of work, assigning specific work to technicians, tracking productivity and performance initiatives, getting customer feedback, managing inventory, procuring parts, generating invoices and exporting data to accounting systems.
You understand, acknowledge and accept that the mobile based platform via its Mobile App
(Autorox Mobile App) is only a mere facilitator and shall not be a party to or control in whatsoever manner any transactions between You and Customer
You acknowledge and hereby accept that You and SMART AUTO SYSTEMS PRIVATE LIMITED (Autorox Mobile App) are independent professionals.
TERMS OF PLATFORM
- (Autorox Mobile App) is only a mere facilitator of mobile based platform
- All content, information provided by You are only displayed on the Mobile App (Autorox Mobile App)
- (Autorox Mobile App) shall not in whatsoever manner resolve or mediate any dispute or disagreement between the You and Customer
- You understand, acknowledge and accept that mobile based platform provided through the Mobile App (Autorox Mobile App) shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of any customer
Use of the Site/Mobile App is available only to persons who can form legally binding contracts under 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 Site/Mobile App. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Autorox Mobile App. Autorox Mobile App reserves the right to terminate your Registration and / or refuse to provide you with access to the Mobile App if it is brought to Autorox Mobile App‘s notice or if it is discovered that you are under the age of 18 years.
We collect license fee from You for the use of the Mobile Based Platform through Autorox Mobile App. The license fee is charged per mobile device. We offer month-on-month renewals through 3/6/12 month’s packages. The packages and offers shall be as mentioned in the Vendor Agreement. All packages and offers are subject to change. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Smart Auto Systems Private Limited for using Autorox Mobile App.
You agree, undertake and confirm that your use of Mobile App shall be strictly governed by the following binding principles: You hereby undertake and agree not to use Autorox Mobile App for
(a) harassing or advocating harassment of another person;
(b) transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(c) promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) infringement or violation of any third party’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];
(e) promoting any illegal or unauthorized copy of copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
(f) providing material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(g) providing instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(h) uploading, transmitting, sharing links of any video, photographs, or images of another person (with a minor or an adult) without proper permissions
(i) accessing or attempting to gain unauthorized access or exceed the scope of authorized access to the Mobile App or to profiles, account information, or other areas of the Mobile App or solicits passwords or personal identifying information for commercial or unlawful purposes from other Clients;
(j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes related to the Mobile App
(k) soliciting gambling or engaging in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(l) interfering with another Client’s use and enjoyment of the Mobile App or any other individual’s Client and enjoyment of similar services;
(m) harming minors in any way;
(n) infringing any patent, trademark, copyright or other proprietary rights, trade secrets
(o) violating any law for the time being in force; in whatsoever manner
(p) transmitting, sharing, uploading links of any 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;
(q) threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(r) offering or attempting to offer any item 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.
(s)You shall not create liability for us or cause us to lose (in whole or in part) the services offered through the Mobile App Platform
PROHIBITED USE OF MOBILE APP
- 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 Mobile App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mobile App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Mobile App. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Mobile App, or any other systems or networks connected to the Mobile App or to any server, computer, network, or to any of the services offered on or through the Mobile App, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Mobile App or any network connected to the Mobile App nor breach the security or authentication measures on the Mobile App or any network connected to the Mobile App. You may not reverse look-up, trace or seek to trace any information on any other Client of or visitor to Mobile App, or any other customer, including any account on the Mobile App not owned by You, to its source, or exploit the Mobile App or any service or information made available or offered by or through the Mobile App, 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 Mobile App.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us including the terms Autorox, Autorox Mobile App, Smart Auto Systems Private Limited or otherwise engage in any conduct or action that might tarnish the image or reputation, of Autorox, Autorox Mobile App, Smart Auto Systems Private Limited or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with Autorox, Autorox Mobile App, Smart Auto Systems Private Limited 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 Mobile Based Platform, Autorox Mobile App‘s systems or networks, or any systems or networks connected to Autorox Mobile App, Mobile Based Platform
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Autorox Mobile App, Mobile Based Platform
- 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 Mobile App or any service offered on or through the Mobile App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
- You shall not engage in sharing any services being provided to You through the Mobile App or related to us with any person including but not limited to individuals, companies, entities etc. You may not transmit any chain letters or unsolicited commercial or junk email to other Clients via the Mobile App.
- 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 Mobile App) 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, 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.
- It is possible that other Clients (including unauthorized Clients or “hackers”) may post or transmit offensive or obscene materials on the Mobile App 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 Mobile App, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Mobile App 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 Mobile App. Please carefully select the type of information that You publicly disclose or share with others on the Mobile App.
- Autorox Mobile App 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).
- You shall not reverse engineer the Mobile Based Platform, Autorox Mobile App in whatsoever manner. You shall not build any products, services competing to us, our business, Autorox Mobile App, Mobile Based Platform.
- You shall not tamper with the Mobile Based Platform in whatsoever manner. In addition, you shall not also tamper with the licensing system provided to You through the Mobile Based Platform, Autorox Mobile App
- You shall not gain any unfair advantage using, tampering with the Mobile Based Platform, Autorox Mobile App, licensing system etc.
- You shall not gain or attempt to gain unauthorized access in whatsoever manner to the Mobile Based Platform, Autorox Mobile App
The Content, text, graphics, Client interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to (Autorox Mobile App) shall be the property of Smart Auto Systems Private Limited and we have worldwide, perpetual rights in regard to such Content.
The Mobile Based Platform, Autorox Mobile App may also contain images of vehicles, parts, names, logos of various organisations (vehicle and spare parts manufacturers), photos of customers and their vehicles, information related such vehicles, details of the customer, spare parts etc. which is a third party content. The Mobile Based Platform, Autorox Mobile App is merely an intermediary for this purpose.
The Mobile Based Platform, Autorox Mobile App hereby acknowledges that such third party content is owned by the respective owners.
You hereby agree to use such third party content specifically vehicle related information, spare parts details, photos of vehicles only for a specific purpose of providing services. You acknowledge and agree not to use such third party content for any other purpose. In addition, you shall not copy, post such third party content on any medium including electronic by way of emails, social media, over the top applications like whatsapp, chats, media etc.
INTEGRATION WITH THIRD PARTY PROVIDERS
Autorox Mobile App may integrate the mobile based platform with third party providers including but not limited to payment gateways, service catalogs etc. and may share data for facilitating transactions
Autorox Mobile App shall not be responsible for any issues relating to Mobile Based Platform, incorrect computations, failure of payments.
Autorox Mobile App shall not take any responsibility, liability for the images, content, services including any third party content. Autorox Mobile App does warrant and endorse such third party content in whatsoever manner
- You shall be obliged to provide accurate information and other details to us
- You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land
- You shall read all the policies, terms mentioned in the Mobile App
- You shall not copy or use the information contained in the Mobile App
- You shall ensure compliance to the Client Review policy contained herein
- You shall ensure confidentiality with regard to your account credentials including but not limited to passwords
- You shall be responsible for all activities you do using your account
- You shall not tamper with the Mobile Based Platform , Autorox Mobile App
- You shall not share the Mobile Based Platform, Autorox Mobile App with any one including individuals, companies etc.
- You shall not transfer the license given by us to any other person, business, location without written authorization
- You shall be keep your credentials, passwords reasonably secure
- You shall not engage in any activities mentioned in “PROHIBITED USE” (mentioned herein ) either directly, indirectly or in whatsoever manner
OFFERS AND PROMOS
The Mobile Based Platform, Autorox Mobile App facilitates You to create your own offers and promos for their customers. However, in some cases, the Autorox Mobile App may push such offers and promos to the customer via its technology ensuring coordination with You.
All information regarding any offers and promos including but not limited to offer terms, coupons, promos, redemption, eligibility, expiry etc. shall be provided in the respective offers and promos and all such information shall be provided by You. These terms may differ from one offer to other.
SMART AUTO SYSTEMS PRIVATE LIMITED and Mobile App (Autorox Mobile App) shall not be responsible in whatsoever manner for any offers and promos. The Autorox Mobile App, Mobile Based Platform shall be a mere displaying platform for this purpose.
WARRANTIES AND LIABILITY
This Mobile App, all the services, included on or otherwise made available to You through the Mobile Based Platform, Autorox Mobile App are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Autorox Mobile App does not warrant that: This Mobile App will be constantly available, or available at all; or the information on this Mobile App is complete, true, accurate or non-misleading.
Autorox Mobile App shall not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Mobile App.
You shall be responsible for all the data, content, information uploaded by You on, through the Mobile Based Platform, Autorox Mobile App.
Autorox Mobile App does not warrant that the information, Content, materials, product (including software) or services included on or otherwise made available to You through the Mobile App; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Mobile App constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid name, phone number, email id while availing any of the services mentioned on the Mobile App. By registering your phone number, details with us, You consent to be contacted by us via phone calls, email, SMS notifications or other mechanisms, in case of any updates.
APPLICABLE LAW / JURISDICTION
Autorox Mobile App does not warrant that description or other content of this Mobile App is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
LIMITATION OF LIABILITY
Autorox Mobile App may include inaccuracies and typographical errors. Changes and improvements are periodically made to Autorox Mobile App.