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Terms and Conditions

Last Updated: April 11, 2024

Important: These Terms and Conditions constitute a legally binding agreement between you and CarChemist. By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Table of Contents

  • 1. Definitions and Interpretation
  • 2. Acceptance of Terms
  • 3. User Eligibility
  • 4. Platform Services
  • 5. User Account and Registration
  • 6. Service Bookings and Transactions
  • 7. Payment Terms
  • 8. Cancellation and Refund Policy
  • 9. Service Provider Relationship
  • 10. User Conduct and Prohibited Activities
  • 11. Intellectual Property Rights
  • 12. Disclaimer of Warranties
  • 13. Limitation of Liability
  • 14. Indemnification
  • 15. Privacy and Data Protection
  • 16. Third-Party Links and Services
  • 17. Dispute Resolution
  • 18. Termination
  • 19. Governing Law and Jurisdiction
  • 20. Modifications to Terms
  • 21. Miscellaneous
  • 22. Contact Information

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires:

  • "Platform" means the CarChemist website (carchemist.in) and mobile application, including all content, features, and services offered therein.
  • "We," "Us," "Our," or "CarChemist" refers to the CarChemist platform operated from Kochi, Kerala, India.
  • "User," "You," or "Your" refers to any person or entity accessing or using the Platform.
  • "Customer" refers to a user who books automobile services through the Platform.
  • "Service Provider" or "Partner" refers to verified automobile service workshops, garages, and detailing centers listed on the Platform.
  • "Services" means the platform services provided by CarChemist, including but not limited to service discovery, booking, and transaction facilitation.
  • "Automobile Services" means car wash, detailing, repair, maintenance, and other related services provided by Service Providers.

2. Acceptance of Terms

By accessing, browsing, or using the CarChemist Platform, you acknowledge that:

  • You have read, understood, and agree to be bound by these Terms and Conditions
  • You have read and agree to our Privacy Policy
  • You consent to the collection and use of your information as described in our Privacy Policy
  • You are legally capable of entering into binding contracts under the Indian Contract Act, 1872

If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. User Eligibility

3.1 Age Requirement

You must be at least 18 years of age to use this Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Geographical Restrictions

Our services are currently available only in Kochi and select areas of Kerala, India. We reserve the right to expand or limit our service areas at our sole discretion.

3.3 Account Suspension

We reserve the right to refuse service or terminate accounts of users who violate these Terms or engage in fraudulent or illegal activities.

4. Platform Services

4.1 Nature of Services

CarChemist operates as an intermediary platform that connects customers with Service Providers. We facilitate:

  • Discovery of verified automobile service providers
  • Online booking and scheduling of services
  • Secure payment processing
  • Customer reviews and ratings
  • Customer support and dispute resolution

4.2 No Direct Service Provider

Important: CarChemist does NOT provide automobile services directly. All automobile services (car wash, detailing, repairs, maintenance) are provided by independent third-party Service Providers. We act solely as a technology platform connecting customers with Service Providers.

4.3 Service Provider Verification

While we conduct reasonable verification of Service Providers before listing them on the Platform, we do not guarantee the quality, legality, or safety of services provided by them.

5. User Account and Registration

5.1 Account Creation

To access certain features of the Platform, you must create an account by providing:

  • Accurate and complete registration information
  • Valid email address and mobile number
  • Secure password

5.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use of your account

5.3 Account Information

You agree to:

  • Provide true, accurate, current, and complete information
  • Maintain and promptly update your account information
  • Not create multiple accounts
  • Not share your account with others

6. Service Bookings and Transactions

6.1 Booking Process

When you book a service through the Platform:

  • You enter into a direct contract with the Service Provider
  • CarChemist acts only as a facilitator of the transaction
  • The Service Provider is responsible for fulfilling the service

6.2 Service Details

You are responsible for:

  • Providing accurate vehicle information
  • Specifying service requirements clearly
  • Being available at the scheduled time
  • Providing access to the vehicle for service

6.3 Service Modifications

If you need to modify or reschedule a booking, you must do so in accordance with the Service Provider's policies and provide reasonable notice.

7. Payment Terms

7.1 Payment Methods

We accept payments through:

  • Credit/Debit cards
  • UPI (Unified Payments Interface)
  • Net Banking
  • Digital wallets
  • Other payment methods as may be made available

7.2 Pricing and Fees

  • All prices are displayed in Indian Rupees (INR)
  • Prices include applicable taxes unless stated otherwise
  • Service Providers set their own pricing
  • CarChemist may charge a convenience fee or commission
  • Prices are subject to change without prior notice

7.3 Payment Processing

Payments are processed through secure, PCI-DSS compliant payment gateways. By providing payment information, you:

  • Authorize us to charge the specified amount
  • Represent that you have the right to use the payment method
  • Agree that charges are non-refundable except as specified in our Refund Policy

7.4 Taxes

You are responsible for paying all applicable taxes, including GST (Goods and Services Tax) as per Indian tax laws.

8. Cancellation and Refund Policy

8.1 Cancellation by Customer

You may cancel a booking in accordance with the following terms:

  • More than 24 hours before scheduled service: Full refund minus processing fees
  • 12-24 hours before scheduled service: 50% refund
  • Less than 12 hours before scheduled service: No refund
  • After service has commenced: No refund

8.2 Cancellation by Service Provider

If a Service Provider cancels a confirmed booking, you are entitled to a full refund.

8.3 Refund Processing

  • Refunds will be processed to the original payment method
  • Refunds typically take 5-7 business days to reflect in your account
  • Processing times may vary depending on your bank or payment provider

8.4 Disputes

For disputes regarding service quality or charges, please contact our customer support within 48 hours of service completion.

9. Service Provider Relationship

9.1 Independent Contractors

Service Providers are independent contractors and not employees, agents, or representatives of CarChemist. We do not:

  • Control how Service Providers perform their work
  • Employ or directly supervise Service Providers
  • Have employer-employee relationship with Service Providers

9.2 Service Provider Obligations

Service Providers are solely responsible for:

  • Quality and safety of services provided
  • Compliance with applicable laws and regulations
  • Maintaining necessary licenses and certifications
  • Insurance coverage for their operations
  • Payment of taxes and statutory obligations

10. User Conduct and Prohibited Activities

10.1 You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe intellectual property rights of CarChemist or third parties
  • Upload or transmit viruses, malware, or malicious code
  • Attempt to gain unauthorized access to the Platform
  • Engage in fraudulent activities or misrepresent information
  • Harass, abuse, or harm other users or Service Providers
  • Use the Platform for commercial purposes without authorization
  • Scrape, crawl, or data mine the Platform
  • Reverse engineer or decompile the Platform
  • Create fake accounts or reviews
  • Interfere with the Platform's operation or security

10.2 Consequences of Violation

Violation of these terms may result in:

  • Immediate account termination
  • Legal action and prosecution
  • Liability for damages

11. Intellectual Property Rights

11.1 Ownership

All content, features, functionality, and materials on the Platform, including but not limited to:

  • Text, graphics, logos, images, videos
  • Software, code, and databases
  • Trademarks and service marks
  • Design, layout, and "look and feel"

are owned by CarChemist or its licensors and are protected by Indian and international copyright, trademark, and other intellectual property laws.

11.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes.

11.3 Restrictions

You may NOT:

  • Reproduce, distribute, or modify Platform content
  • Use our trademarks without written permission
  • Create derivative works based on the Platform

11.4 User Content

By submitting content (reviews, photos, comments) to the Platform, you grant CarChemist a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:

12.1 "As Is" Basis

The Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

12.2 No Warranties

We disclaim all warranties, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of information
  • Warranties that the Platform will be uninterrupted or error-free
  • Warranties regarding quality of services provided by Service Providers

12.3 Third-Party Services

We make no warranties regarding the quality, safety, or legality of services provided by third-party Service Providers.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:

13.1 No Liability for Indirect Damages

CarChemist shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits or revenue
  • Loss of data or information
  • Business interruption
  • Property damage
  • Personal injury

13.2 Maximum Liability

Our total liability to you for any claims arising from the use of the Platform shall not exceed the amount you paid to CarChemist in the 12 months preceding the claim, or INR 10,000, whichever is less.

13.3 Service Provider Actions

We are not liable for any acts, omissions, negligence, or misconduct of Service Providers.

13.4 Consumer Rights

Nothing in these Terms limits your rights under the Consumer Protection Act, 2019 or other applicable consumer protection laws.

14. Indemnification

You agree to indemnify, defend, and hold harmless CarChemist, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

  • Your use or misuse of the Platform
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your violation of applicable laws
  • Content you submit to the Platform

15. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information in accordance with:

  • Information Technology Act, 2000
  • Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011

16. Third-Party Links and Services

The Platform may contain links to third-party websites or services. We are not responsible for:

  • Content or privacy practices of third-party sites
  • Products or services offered by third parties
  • Accuracy of third-party information

Your interactions with third parties are solely between you and the third party.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to first attempt to resolve disputes informally by contacting our customer support at info@carchemist.in.

17.2 Arbitration

Any dispute arising from these Terms shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be:

  • Conducted by a sole arbitrator mutually appointed
  • Held in Kochi, Kerala
  • Conducted in English language
  • Governed by Indian law

17.3 Consumer Disputes

Nothing in these Terms prevents you from approaching consumer forums under the Consumer Protection Act, 2019.

17.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or urgent matters.

18. Termination

18.1 Termination by You

You may terminate your account at any time by contacting customer support or through account settings.

18.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

  • You violate these Terms
  • We are required to do so by law
  • We discontinue the Platform
  • We detect fraudulent or illegal activity

18.3 Effect of Termination

Upon termination:

  • Your right to use the Platform ceases immediately
  • Pending bookings may be canceled
  • Outstanding payments remain due
  • Certain provisions of these Terms survive termination

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, including but not limited to:

  • Indian Contract Act, 1872
  • Information Technology Act, 2000
  • Consumer Protection Act, 2019
  • Sale of Goods Act, 1930

The courts in Kochi, Kerala shall have exclusive jurisdiction over any disputes arising from these Terms, subject to the arbitration clause.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting updated Terms on the Platform
  • Updating the "Last Updated" date
  • Sending email notifications for significant changes

Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CarChemist.

21.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

21.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

21.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

21.6 Language

These Terms are written in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.

22. Contact Information

For questions or concerns regarding these Terms, please contact us:

CarChemist

Email: info@carchemist.in

Phone: +91 9895473688

Address: Kochi, Kerala, India

Website: www.carchemist.in

Customer Support Hours: Monday - Saturday, 9:00 AM - 6:00 PM IST

Acknowledgment: By using the CarChemist Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms are in addition to, and not in lieu of, any other agreements between you and CarChemist.

CarChemist

Kerala's Trusted Car Service Network.

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