By downloading the GarageWorks Application (the “Application”), accessing and/or using GarageWorks website (the “Website”) and other platforms owned by www.garageworks.in you agree that You have read, understood and agreed to be bound by all of the terms and conditions as set forth in the following Agreement. GarageWorks may change the Terms at any time and without notice, effective upon the posting of the revised Agreement. Your continued use of GarageWorks platforms will be considered your acceptance of the revised Agreement. If you do not wish to be bound by the Terms laid down in this document (Agreement), please do not make use of the platform/website
Subscription Plan or the Annual Maintenance Contract (AMC) Plan shall refer to an annual membership or plan or scheme availed or subscribed by you for obtaining services provided by GarageWorks at beneficial rates.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR WHILE USING THE SERVICES
GarageWorks may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
2. WARRANTY AND DISCLAIMER
The services provided by GarageWorks are subjected to all of the Terms set forth on the Website. GarageWorks does not warrant that:
3. LIMIT OF LIABILITY AND INDEMNIFICATION
The downloading and/or use of the application or accessing the Website is entirely at your own risk and in no event shall GarageWorks be liable (whether under the law of contracts, torts, or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively "damages") whatsoever arising out of or relating to this Website or Application. Your sole and exclusive remedy for dissatisfaction with the Website or Application is to stop using the Website or Application and cease to avail any services. You agree to defend, indemnify and hold GarageWorks, and its officers, directors, employees, representatives, and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitations, reasonable legal fees resulting from or alleged to result from your use of GarageWorks’ Website, Application or services.
4. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All intellectual property to this website including all website material, is protected by copyright, trademark, or patent laws, and is owned exclusively by GarageWorks. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the website. All trademarks, service marks and trade names are owned, registered and/or licensed by GarageWorks. Your usage of the Website or Application does not create any right, ownership or any other relation on you, to use the Intellectual property of GarageWorks
5. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
If GarageWorks discovers that You have used its intellectual property or other protected materials in contravention of these Terms, GarageWorks may bring legal proceedings against you seeking monetary damages and an injunction against You. You could also be ordered to pay legal fees and costs.
If you become aware of any use of GarageWorks' intellectual property that contravenes or may contravene the Terms above, immediately report this by email to firstname.lastname@example.org or by first-class mail to Tech Spanner Info Private Limited, 2nd Floor, Survey No 15A, Old Mumbai Pune Highway, Wakadewadi, Pune – 411003, India, in care of its Legal Department.
6. SERVICE DELIVERY TERMS
You agree to abide by the following terms of service delivery by GarageWorks.
7. CANCELLATION AND REFUND
8. LEGAL COMPLIANCE
You and GarageWorks will each comply with all laws, rules and regulations, if any, applicable in connection with the performance of their respective obligations under this Agreement.
9. UNENFORCEABLE PROVISIONS
If any provision of this Agreement is or is found to be unenforceable under applicable law that will not affect the enforceability of the other provisions of this Agreement.
10. GOVERNING LAW; ARBITRATION
There are mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided (any "Dispute"). You agree and acknowledge that you must raise any Dispute with the services or the services provided is practicable, but no later than 30 days from the date of the Dispute arises. If you fail to raise a Dispute within 30 days from the initial occurrence of such Dispute, GarageWorks shall be under no obligation to resolve such Dispute.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws.
In the event of a Dispute, both parties shall pursue final and binding arbitration and the venue of the arbitration shall be Bengaluru, Karnataka
Any proceedings, including documents and briefs submitted by the parties, , and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms
11. FORCE MAJEURE
Any delay in or failure of performance by GarageWorks under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, Act of God, outbreak of diseases, power outages, failures of the internet, failures of banking or any other unforeseeable event.
12. OTHER PROVISIONS:
For the purposes of Consumer Protection Act, 2019 and rules and regulations thereunder, the grievance officer of GarageWorks shall be:
Tech Spanner Info Private Limited (GarageWorks)
Office Address: 2nd Floor, Survey No 15A, Old Mumbai Pune Highway, Wakadewadi, Pune - 411003
Contact Number: +91 8806 17 47 54
Timings: 10 AM – 7 PM, Monday-Friday, excluding public holidays
GarageWorks may give notice by means of a general notice on the services, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice to GarageWorks by written communication to 2nd Floor, Survey No 15A, Old Mumbai Pune Highway, Wakadewadi, Pune - 411003
You may not assign or transfer these Terms in whole or in part without GarageWorks’ prior written approval. You give your approval to GarageWorks for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of GarageWorks’ equity, business or assets; or (iii) a successor by merger.
No joint venture, partnership, employment or agency relationship exists between You, GarageWorks or any service provider as a result of the contract between You and GarageWorks or use of the Services.