PART A - INFORMATION ABOUT US
The “carXpert” platform is owned and operated by Sphiro Technologies Private Limited (“We”). Contact details can be found on our website at www.getcarxpert.com.
PART B - TERMS APPLICABLE TO CUSTOMERS
1. Registering as a Customer
In order to benefit from all the features of the Services available you will need to Sign-Up with us by filling the Sign-Up form. You will be asked to provide certain information about yourself including your name, contact details and vehicle information. You must ensure that the information provided by you is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.
2. Provision of Services to Customers
Following Sign-Up, we will make certain services available to you free-of-charge. The services will include the comparison of Services offered at existing mileage of the Car along with the cumulative price with respect to OEM service dealer cumulative price. We reserve the right to add, change or remove services from our platform at any time, and may make certain services chargeable at our discretion.
You must only book a service if you have a genuine requirement for the work to be performed. You must post Feedback in relation to the Service availed as a result of your use of the website.
We are continually seeking to develop and improve the services offered and therefore we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.
3. Terms and Conditions
On Signing up to “carXpert” application, it is understood that Customer has agreed to the following terms and conditions.
The vehicle is driven, tested (including road test outside the workshop), repaired and stored at the sole risk, responsibility and liability of the Customer. In case of any damage due to an accident, repairs will be carried out at customer cost / under the insurance of the vehicle.
The customer agrees to indemnify “carXpert and its affiliates” against any risk, liability, responsibility for loss or damage to the vehicle and/or life of property of all persons arising out of repairing / servicing / test driving of the vehicle when the vehicle is in custody of “carXpert and its affiliates” and the customer also confirms to have obtained insurance of the vehicle together with accessories and other components or articles and things therein and “carXpert and its affiliates” shall not be liable for any loss, damages or injury whatsoever.
The customer will not hold “carXpert and its affiliates” responsible/liable for any delay in delivery / in carrying out of repairs / in procurement of spare parts for reasons beyond purview and control of “carXpert and its affiliates”.
Customer is advised to remove any valuable items from the car at the time of handing over the car to “carXpert and its affiliates”. “carXpert and its affiliates” will not be responsible for any valuable / articles / items left in car by the customer.
The customer undertakes to make the payment of all charges before taking the delivery of the vehicle. Terms of payments are online transfer / credit card / debit card / cash only. If the bill settlement is delayed beyond a period of 7 days, “carXpert and its affiliates” may charge interest @ 18% PA on the outstanding bill amount from the date on which the vehicle was made ready and informed to customer for delivery until the payment is made.
The customer undertakes to take delivery of the vehicle within 24 hours of intimation from “carXpert and its affiliates” regarding completion of the work after making payment towards Invoice.
In the event of customer not taking the delivery of the car from “carXpert and its affiliates” workshop, the customer has no objection to “carXpert and its affiliates” levying storage charges @ Rs. 300/- per day along with the charges towards repair, spare parts etc from the date “carXpert and its affiliates” intimation regarding completion of work till the date of customer taking physical delivery of the car.
The customer has no objection to “carXpert and its affiliates” levying a charge of Rs. 500 or 10% of the total estimated labour charges whichever is high if the job is not entrusted to “carXpert and its affiliates” after obtaining the estimates. And the customer agrees to pay the same in addition to storage charges if any.
The accidental repair estimate preparation charge for the total loss of car is Rs. 5,000.
“carXpert and its affiliates” may exercise lien on the vehicle until all above mentioned dues are settled to “carXpert and its affiliates” to their satisfaction.
“carXpert and its affiliates” may affect delivery of the vehicle to the person whose signature appears on the repair order form.
Salvage of accidental repaired vehicle shall be taken by the customer at the time of delivery of the vehicle. Salvage not claimed/ taken at the time of delivery will be disposed of by “carXpert and its affiliates”.
It may not be practically possible to check/record the working or availability or condition of various components, sub assemblies, assemblies and accessories etc of the car. Therefore, no responsibility whatsoever is taken by the workshop in this regard, and if any discrepancy is noticed during repair, the remarks of “carXpert and its affiliates” will be conclusive & binding.
It may not be practically possible to notice/record on the repair order all the dents, scratches and damages etc on the vehicle at the time of accepting the vehicle and if some are noticed during repair and servicing, the remarks / decision of the workshop in charge will be conclusive & binding.
All disputes and differences arising from this repair order shall be settled by mutual discussion and in case mutually acceptable settlement is not arrived, any such dispute shall be subjected to exclusive jurisdiction of court in New Delhi only.
The service and offers are subjected to force majeure clause.
4. Provision of Payment Platforms to Customers
Some services made available for booking to you include the opportunity to make payments facilitated through our service. Such payments will be made using trusted third party payment gateways.
By making a payment through carXpert, you undertake that the credit or debit card details or third party wallet login credentials that you provide are for your own credit or debit card, or wallet account, and that you have sufficient funds to make the payment for the services booked.
We reserve the right to alter prices or services or cease to list services at any time, without prior notice or warning.
The total price shown for services is inclusive of the items described for that service and may not include additional services required to be done during servicing. In such a case our Service advisor will discuss for any change in scope with you and thereby additional agreements.
Payment options provided may differ between service location and services offered. In cases where cash on delivery (COD) is not available as an option, full payment must be made for through a payment option offered to you before delivery of Car to you.
In cases where cash on delivery (COD) is offered and selected as a payment method, full payment must be made at the time of receiving the Car.
In cases where a form of online payment is offered and selected you must complete the payment in full to successfully make the booking. Payment details provided are not stored by carXpert and are encrypted by the payment provider selected to ensure security.
If you decide to cancel your appointment, you may do at any time, preferably by phone, quoting your order number / Car registration number, or through website and Mobile Application.
If we accept your cancellation, no cancellation fee will be charged, however no refunds will be available.
5. Our Responsibilities to you
If you use carXpert you also acknowledge and agree that information contained in any sections are intended to be indicative only and will not form the basis of a binding contract between you and us.
PART C - GENERAL TERMS APPLICABLE TO ALL USERS
1. Passwords and Security
If you register to use CarXpert Services you will be given a username and password. You must keep your ID confidential and must not disclose or share it with anyone. You are responsible for preventing unauthorised use of your ID.
2. Acceptable Use Policy
The Services allow registered users to create, edit and submit material for inclusion on or transmission via CarXpert, including (without limitation) by creating Dealer profile, posting service bookings, responding and updating status of bookings and posting ratings feedback for automotive services. Whilst we do not seek to monitor or control the submission of information, we do reserve the right to delete, move and edit any Material submitted where (in our absolute discretion) we consider it prudent or necessary to do so.
You agree to comply with all applicable laws and regulations when using CarXpert. You are solely responsible for all Material you submit for inclusion on or transmission via CarXpert. You must ensure that all Material you transmit is lawful and honest. In particular you must not post or transmit any Material that:
By submitting Material to us you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the Material on or through CarXpert for the purpose of operating services.
Whilst we endeavour to ensure that the information available on or through CarXpert is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), CarXpert permits you to access and receive information supplied by third parties. The third parties submitting this 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 third 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 CarXpert may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.
To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of CarXpert or any fault or problem relating to or any content received via CarXpert.
5. Termination of 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.
6. Intellectual Property
Unless otherwise stated, the copyright, database right and other intellectual property rights in CarXpert (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to us or our licensors. All rights are reserved.
7. Privacy and Cookies
8. Customer Registration
In preview of the Telecom Regulatory Authority of India (TRAI) guidelines, you hereby authorize Sphiro Technologies Private Limited and its affiliates to communicate with you through telephone/mobile, Email, SMS or other modes of communication even if your number/numbers(s) is/are registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
9. Compliance with Laws
All dealing entities on CarXpert website are informed to comply with the applicable laws including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and relevant amendment from time to time.
All notices shall be given to us via email or by post using the contact details set out in the Contact Us section, or to you at either the email or postal address you provide during registration.
11. Applicable Law
These Terms and Conditions will be subject to the laws of New Delhi, India and the courts shall have jurisdiction to resolve any disputes between us.