TERMS OF USE
Addon Technologies (“We”), a company incorporated under The Companies Act, 2013 with its principal place of business at 92 Sarovar Complex, B/H Samudra Annexi Complex, Chimanlal Girdharlal Rd, Near Jain Derasar, Navrangpura, Ahmedabad, Gujarat 380009 (hereinafter referred to as “Autoly”) makes information, products, and services available on and/or through this website (the “Website”), subject to the following terms and conditions ("Terms"). If you would like to view more information about us, or would like to contact us in relation to the Website, please visit: www.autoly.in.
Your use of the Website, as a “Visitor” (meaning you simply browse the Website), implies that you agree to this Terms and the Privacy Policy located at http://www.autoly.in/privacy. For the purpose of these Terms of Use, wherever the context so requires the term “We”, “Us”, “Our” shall mean Autoly.in and “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a Visitor on the Website and use our information only for your personal, non-commercial informational purpose and do now copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information.
WE URGE YOU TO READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR MOBILE APPLICATIONS SERVICES. THESE TERMS OF USE (TOGETHER WITH THE DOCUMENTS REFERRED HEREIN) GOVERN YOUR USE OF THE WEBSITE, OUR SERVICES AND MOBILE APPLICATIONS. BY USING THE WEBSITE OR MOBILE APPLICATIONS SERVICES YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. USE OF THE WEBSITE OR THE MOBILE APPLICATIONS SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
These Terms include your rights, obligations and restrictions regarding your use of the Autoly Mobile Applications & Website. If you wish to become a User in our Mobile Applications, and generally avail our Services, you must accept these Terms of Use.
1. Eligibility to Use
The Website is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the Website.
2. Your Account
You may register yourself as a Vehicle Owner (“User”) or as a Vehicle Service Provider (“Service Provider”) using our Autoly mobile application. By creating an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You must immediately inform Autoly of any changes to your information provided to us. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Autoly may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Autoly to claims of third parties. You agree that we may take necessary steps to verify the accuracy of information you have provided to us.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Autoly of any unauthorized uses of your information, your account or any other security breaches. Autoly will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you register yourself as a User, you may be asked to provide information including but not limited to about yourself like Your Name, Mobile Number, Email Address, Home / Business Address, Vehicle Information like Make, Model and Vehicle Registration Number, Vehicle latest picture, latest RC Book picture you upload on the Mobile Application and your device ID (a unique identifier assigned to a device by the manufacturer) etc.
If you register yourself as a Service Provider, you may be asked to provide certain information including but not limited to about your business including your Business Name, Contact Details, Services and Expertise, Working hours, location details.
3. Services to Vehicle Owners (“Users”)
After Sign-Up using our Mobile Application, we will provide certain services to you free-ofcost. The services offered through mobile application, shall not create any binding contract between you and any Service Provider. If you want to hire a Service Provider for any service work using Autoly mobile application, we strongly recommend that you conclude your own agreement with Service Provider with all applicable terms and conditions viz. scope of work, price of work, payment terms.
You shall check and verify the details of any Service Provider before booking any work to be performed and shall make an agreement to Service Provider for the terms and conditions of services of the work to be performed. We shall not be responsible for any inaccuracy, misleading or false information of any Service Provider. You shall be solely responsible for any loss or damage incurred out of or in connection with the service work.
We will not interfere between your agreement to Service Provider; and we will not be a party to such agreement; and we will not be liable for any performance or breach of the terms and conditions of such agreement. You will be fully responsible for performance of the agreement and its terms and conditions.
You must comply with all applicable laws and regulations during your dealings with Service Providers and relating to the service work.
4. Services to Vehicle Service Providers (“Service Providers”)
Following registration, we will provide certain services to you. The services offered using our mobile application will facilitate you to operate your business on our platform viz. ability to view or receive details of Services requirements and bookings which have been posted by Users, ability to accept services and bookings, ability to share service status updates with Users. Complete details of the services shall be available to Service Provider through our mobile application; and will be published on the Website from time to time. We reserve the right to make any changes to, any part or in full, the service with or without prior notice.
We provide Services to you using reasonable skill and care and in accordance with these Terms of Use. At our sole discretion, we will allow you to register and get listed based on criteria which we may determine from time to time. You agree and acknowledge that the number of Service requirements which may be shared to you in relation to any particular users may be limited in number. We do not guarantee that after registering as a Service Provider you will receive any particular volume of Service bookings or win any work or any particular volumes of work.
You shall check and verify the details of any service booking to undertake any work for Users and shall make an agreement to Users for the terms and conditions of services of the work to be performed. We shall not be responsible for any inaccuracy, misleading or false information of any User. You shall be solely responsible for any loss or damage incurred out of or in connection with the service work.
You must comply with all applicable laws and regulations during your dealings with Users and relating to the service work.
5. Passwords and Security
You may be required to register with Autoly in order to access certain features and services offered on or through this Website. With respect to such registration, Autoly may grant or refuse your access partly or in full to the features and services offered on or through this Website, at its sole discretion.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Autoly of any unauthorized uses of your information, your account or any other security breaches. Autoly will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
6. Your Content
You may be allowed to create, modify, remove, and submit your content using this Website or its services or its mobile application. In these Terms, your content shall mean any text, images, audio, video, documents or other material you choose to display on this Website or share with any other person via Autoly. By creating, editing or submitting the information or content, you grant Autoly a royalty-free, non-exclusive, worldwide, irrevocable, license to use, reproduce, adapt, publish, translate, make available and distribute it on or through Autoly for the purpose of operating services.
Your content must be your own and must not be infringing on any third party’s rights. Autoly reserves the right to remove any of your content from this Website and/or Mobile Application services at any time, and for any reason, with or without notice.
You shall not access or attempt to access the Website and its information, content or Mobile Applications Services by any means other than through the interface provided by Autoly. You shall not use any deep-link, 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 Website or its information and content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, its information or any content, to obtain or attempt to obtain any information, content or documents through any means not specifically made available through the Website or prohibited by any law.
7. Rules of Conduct
While using the Autoly you must comply with all applicable laws, rules and regulations. In addition, Autoly expects you to respect the rights and dignity of others. Your use of Autoly is conditioned on your compliance with the rules of conduct set forth hereinafter; any failure to comply may also result in suspension or termination of your access to Autoly. You agree that you will not:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Autoly server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Autoly, including any Autoly Account not owned by you, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Use the Website or any information or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Autoly or other third parties;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- Post or transmit any information or content that is fraudulent, dishonest or misleading;
- Post or transmit any information or content that is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
- Post or transmit any information or content that encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
- Post or transmit any information or content that infringes the copyright or other rights of any third party;
- Post or transmit any information or content that is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).
8. Transaction Risks
Autoly provides a platform to facilitate interaction between Vehicle Service Providers and Vehicle Owners. Autoly does not represent the Service Provider or the User by any means, in any transaction; and does not charge any commission for enabling any transaction. Autoly does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the services or products offered on the Mobile Applications or the ability of the Service Provider to complete a service request or the ability of users to complete a service booking. User shall be cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on the Autoly Platform. Autoly has taken adequate measures to verify the accuracy and authenticity of the information provided by Service Provider and User. However, Autoly does not guarantee the genuineness and correctness of the information provided by any Service Provider or User. Autoly encourages User and Service Provider to evaluate the other person with whom they would like to deal with; and use common prudence while dealing with it.
You agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Mobile Applications and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any services or products that are the subject of any such transaction.
- Such risks include, but not limited to, misrepresentation of services or products, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective auto parts and products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents
- Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of services or products offered or displayed on the Mobile Applications may violate or may be asserted to violate 3rd Party Rights, and the risk that that User may incur costs of defense or other costs in connection with 3rd parties' assertion of 3rd Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by 3rd Party Rights claimants.
You agree that Autoly shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur or arise as a result of or in connection with any Transaction Risks. You are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Mobile Application and the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, You agree to release and indemnify Autoly (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with any transaction.
9. Feedbacks and Ratings
Upon completion of the service work, User may submit a feedback about Service Provider and share its experiences of services performed by Service Provider; and User may give rating to Service Provider based on certain criteria like expertise, quality, completion time, friendliness, etc...
We shall not monitor, check and verify any of the Feedbacks and Ratings given to any Service Provider by any User. We shall not affirm any feedback and rating posted is true, genuine, or correct. We shall not have any responsibility or liability for any feedback or rating posted. We shall not involve or intervene in complaints or disputes concerning feedback or ratings. Service Provider may discuss feedback or rating given to that User and shall try to resolve a dispute if any. Service Provider may also raise its concern to us about any misleading or incorrect feedback or rating and we shall investigate and if we found it reasonable, appropriate action shall be taken. We shall reserve the right to add, alter or remove any feedback or rating, if it deems inappropriate and violating the terms contained herein.
10. Termination of Services
We may suspend or cancel your registration and/or terminate your access to Autoly if you are in breach of these Terms of Use or have made improper use of the Services.
You may also cancel your registration at any time by informing us in writing. If you do so you must stop using the Services.
The suspension, cancellation or termination of your registration and your right to use The Services shall not affect either party’s statutory right or liabilities.
11. Disclaimers
Whilst we endeavour to ensure that the information available on or through Autoly is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), Autoly permits you to access and receive information supplied by 3rd parties. The 3rd parties submitting the information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such 3rd party or for any error or inaccuracy in any material they supply.
Although we aim to offer you the best service possible, we make no promise that Services will meet your requirements. We cannot guarantee that Services will be fault free or continuously available. Your access to Autoly may occasionally be restricted for updates, upgrades, maintenance, technical issue, or any other reason.
12. Liability
To the maximum extent permitted by law, AUTOLY India shall not be liable for any incidental, special, consequential or punitive damages, or any loss of profits or revenues, or any loss of data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, from:
- Your access or use, or inability to access or use Autoly;
- Any conduct or content of any third party on the services, any defamatory, offensive or illegal conduct of other users or third parties, without limitation,; or
- Unauthorized access, use or alteration of your transmissions or content.
13. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Autoly own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and Mobile Applications.
Unless otherwise stated, the copyright, database right and other intellectual property rights in Autoly (including without limitation all information, contents, materials and technologies used or appearing or transmitted through it) belongs to Autoly; and all such rights are reserved.
14. Privacy
The Autoly Website and/or Mobile Applications platform includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.
By using the Website or Mobile Application, you acknowledge and agree that information transmissions over the internet is never private or secure completely. You understand and agree that any information you transmit to the Website or Mobile Application may be read or intercepted by others.
15. Indemnification
You agree to indemnify and hold Autoly and its subsidiaries, affiliates, officers, agents, co branders, partners and employees, harmless from any claim or demand for any loss or damage including reasonable attorneys' fees, arising out of your use of the Website or Mobile Application or your violation of the Terms or your violation of any rights of another or the infringement of any intellectual property by you or any third party using your account or the infringement of any other right of any person or entity.
You agree that you shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a regulatory organization, state or federal agency against Autoly and its subsidiaries, affiliates, officers, agents, co branders, partners and employees.
16. Notices
All notices shall be given, to us via email or by post using the contact details set out in the Contact Us section of this Website and Mobile Application, or to you at either the email or postal address you provide during registration.
17. Modifications
We reserve the right to modify these Terms at any given time and each modification will be effective when it is posted on the Website. You agree to any changes to these Terms through your continued use of the Services. You will not be notified of any modifications to the Terms so it is important that you review these Terms regularly to ensure you are updated as to any changes.
18. Jurisdiction
These Terms will be construed only in accordance with the laws of India. In respect of all matters and disputes arising out of or in connection with or in relation to these Terms or any other agreement on this Website, only the competent Courts at Ahmedabad, Gujarat shall have jurisdiction, to the exclusion of all other courts.