GoGarage India Private Limited, incorporated under the Companies
Act, 2013, having its registered office at 214-1695, S. T. Nagar, Pimpri, Pune
- 411018, operating under the trademarked name “GoGarage”, provides holistic
car services including maintenance, repair, etc. The use and access of our
website www.GoGarage.in (“Website”),
and our mobile applications “GoGarage - Car & Bike (“Applications”), or any
products or services in connection with the Application or Website (“Services”) shall be
governed by these terms and conditions (“Terms”).
The Website and Applications are together called the “Platform”.
These terms constitute a legally binding and enforceable agreement
between GoGarage (“Company/we/us/our”)
and its Users (“User/you/your”)
and govern your use of the Platform to browse and/or avail the Services
displayed by us on the Platform. By accessing and using our Services, you agree
to be bound by these terms, establishing a contractual relationship between you
and the Company. In case you do not agree to the terms, you may not use or
access or stop your use or access of our Services. These Terms expressly
supersede prior written agreements with you. The Company requests the User to
carefully go through these terms & conditions (“Terms and Conditions” or
prior to accessing the Platform or availing Services (as defined below) using
The Company reserves the right, in its sole discretion, to change,
modify or amend the Terms for complying with the legal or regulatory framework
and for other legitimate business purposes, at any time, and the Company will
post the amended Terms at the domain of www.GoGarage.in/terms. It is your
responsibility to review the Terms for any changes and you are encouraged to
check the Terms frequently. The Company shall not be under an obligation to
notify Users of any changes to the Terms and Conditions. If you continue to use
the Platform, Content (as defined below) and/or Services after the updated
Terms and Conditions have been published, it shall be deemed that you have read
and understood and accept the updated Terms and Conditions. Any reference to
Terms and Conditions, made herein shall refer to the latest version of the
Terms and Conditions.
No information provided on the Platform shall be considered a
substitute for your independent investigation. These Terms are collectively an
electronic record in terms of the Indian Contract Act, 1872; the Information
Technology Act, 2000, the rules made thereunder; and the amended provisions
pertaining to the electronic records in various other statutes as amended by
the Information Technology Act, 2000. These Terms are generated by a computer
system and do not require any digital or electronic signature.
will include (but is not limited to) reviews, images, photos, audio, video,
location data, nearby places, and all other forms of information or data.
or "User Content"
means Content that you upload, share or transmit, through or in connection with
the Services, such as likes, ratings, reviews, images, photos, messages,
profile information, and any other materials that you publicly display or
displayed in your account profile. "GoGarage
Content" means Content that the Company creates and makes
available in connection with the Services including, but not limited to, visual
interfaces, interactive features, graphics, design, compilation, computer code,
products, software, aggregate ratings, reports and other usage-related data in
connection with activities associated with your account and all other elements
and components of the Services excluding Your Content.
Cost” will include the service provider’s approximation of what
the Service is likely to cost. The purpose of cost estimation is to predict the
quantity, cost, and price of the resources required to complete a job.
Plan(s)” means subscription or other kinds of membership offers
provided by the Company to Users from time to time through online or offline
media. The terms, conditions and prices of such plans shall be communicated
through the applicable media at the time of issuance of such
means services provided through the Platform, as described in further detail
under Clause 3 below. The Services provided through the Platform may change
from time to time, at the sole discretion of the Company.
or “You” shall
mean any individual who owns a car (primarily out of the manufacture warranty
period) in urban centers especially metros, who is desirous of availing
Services on the Platform as and who are registered on the Platform for this
The Services constitute a technology platform that enables Users
of the Company’s Platform, provided as part of the Services, to arrange and
schedule repair or maintenance services for your car with independent
third-party providers. Once you submit a request, we may provide you with
a list of possible service providers along with their experience
The Company also provides towing service to get your vehicle out
of the situation and back on road on a chargeable basis.
You acknowledge that the Company does not provide any repair and
maintenance services for its customers and that all such above stated services
are provided by other independent third-party contractors who are not employed
by the Company.
You acknowledge that even after accepting and/or confirming an
appointment for service/repair of your car, the Company cannot guarantee its
availability. At the time of your appointment request to the Company, the
Company will make reasonable efforts to connect you with the independent
third-party service provider so that you can avail automobile repair service at
or near your location.
You acknowledge that the cost and time period for the
services/repairs are estimated in accordance with your request and are
proximate in nature.
You hereby represent and warrant that you are eighteen (18) years
of age or above and are fully able and competent to understand and agree to the
terms, conditions, obligations, affirmations, representations, and warranties
set forth in these terms, and to abide by and comply with the Terms stated
You are in compliance with all laws and regulations in the country
in which you live when you access and use the Services. You agree to use the
Services only in compliance with these Terms and applicable laws, and in a
manner that does not violate our legal rights or those of any third-parties.
If you will be using the Services on behalf of an organization,
you agree to these Terms on behalf of that organization and you represent that
you have the authority to act on behalf of your organization.
USE OF SERVICES
You must create an account in order to use some of the features
offered by the Platform. Use of any personal information you provide to us
on our app/website. You must keep your password confidential and you are solely
responsible for maintaining the confidentiality and security of your account
details, all changes and updates submitted through your account, and all
activities that occur in connection with your account.
Following sign-up, we will make certain Services available to you
free of charge. The Services will include the ability to search for service
providers for automotive repair or servicing work, the ability to view detailed
profiles of service providers and their service prices and rating information,
and the ability to post feedback and ratings in relation to any service
provider you have used as a result of your use of the Platform. 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 detailed to be performed. You must only post feedback in relation to a
service provider if you have availed Service from them as a result of your use
of the Platform.
The Company offers an email as well as phone call based support
system along with an online knowledge pool of FAQs. In case you require any
assistance or support, you may access support resources or contact our support
by emailing at info@GoGarage.in or
calling our helpline at +91-9359241846 (Monday to Sunday between 7 am and 9
The Company shall revert to every complaint at the earliest upon
receipt of the complaint during the business days. Further, the Company shall
take the best possible efforts to redress the complaint within 7 days of
receipt of the complaint. Any suggestions by the Company regarding the use of
the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address
and attempt to resolve the complaint received in accordance with the standard
policies and procedures adopted by the Company, the User’s
disapproval/discontent with the outcome/mode of redressal shall not be deemed
to mean non-redressal of the complaint by the Company. Any suggestions by the
Company regarding the use of the Service shall not be construed as a warranty.
The Company shall take reasonable care and measures required for
the safety of your car in our possession. In the event, the User’s car is
stolen while in the possession of the Company, the Company will take all
reasonable measures and extend necessary support to the User for recovering
their car, such as, promptly informing the User of the occurrence of the theft,
immediately report the theft to the nearest police station, co-operate and aid
the local authorities to recover the vehicle, etc.
PROHIBITED USAGE OF THE PLATFORM
Users shall be prohibited from carrying out any illegal activity
in the Platform including but not limited to acts mentioned are violating or
attempting to violate the integrity or security of the Platform; transmitting
any information on or through the Platform that is disruptive or competitive to
the provision of our Services; intentionally submitting on the Platform any
incomplete, false or inaccurate information; making any unsolicited
communications to other Users; using any engine, software, tool, agent or other
device or mechanism (such as spiders, robots, avatars or intelligent agents) to
navigate or search the Platform; circumventing or disabling any digital rights
management, usage rules, or other security features of the Platform. Any
unlawful activities on the Platform are prohibited by the laws of India.
The Company shall, upon obtaining knowledge by itself or being
brought to actual knowledge by an affected person in writing or through email
signed with electronic signature about any such information as mentioned above,
be entitled to disable such information that is in contravention of this Clause
7. We shall also be entitled to preserve such information and associated
records for at least 90 days for production to governmental authorities for
investigation purposes. In case of non-compliance with any applicable laws,
User, we shall have the right to immediately terminate your access or usage
rights to the Platform and Services and to remove non-compliant information
from the Platform.
We may disclose or transfer User-generated information to our
affiliates or governmental authorities in such manner as permitted or required
by applicable law, and you hereby consent to such transfer by us. In accordance
with the applicable laws, we shall transfer sensitive personal data or
information including any information, to any other body corporate or a person
in India, or located in any other country, that ensures the same level of data
protection that is adhered to by us, only if such transfer is necessary for the
performance of the lawful contract between the Company or any person on its
behalf and the User or where the User has consented to data transfer.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other
submissions disclosed, submitted or offered to the Company on or by the
Platform or otherwise disclosed, submitted or offered in connection with your
use of the Platform (collectively, the "Comments") shall be and remain
Company’s property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to the Company of all worldwide rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Thus, the Company will own exclusively all such
rights, titles and interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. The Company shall be under no
obligation (1) to maintain any Comments in confidence; (2) to pay to User any
compensation for any Comments; or (3) to respond to any User Comments.
You agree that no Comments submitted by you to the Platform will
violate any right of any third party, including copyright, trademark, privacy
or other personal or proprietary rights(s). You further agree that no Comments
submitted by you to the Platform will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
Additionally, you agree not to upload, post, e-mail or otherwise send
or transmit any material designed to interrupt, destroy or limit the
functionality of our service on the Platform. We may terminate or restrict your
use of our Platform and Services if you violate these Terms or engage in any
illegal or fraudulent use of our Platform or Services.
You agree that neither you nor anyone acting on your behalf, will
directly or indirectly, publish, post, or otherwise issue any defamatory
comments or remarks, in writing, orally or electronic format, against the
Company, and its respective employees, clients, operations or services. Any
violation of these Terms or intimidation for such will make you liable to
compensate the Company for losses caused due to such acts of yours. In order to
recover the damages and losses and prosecute you for illegal defamation, the
Company shall be entitled to initiate civil and/or criminal proceedings against
you as per the appropriate law, by the Company.
You represent and warrant that any information provided by you in connection
with your use of the Platform is and shall remain true, accurate and complete
and that you will maintain and update such information regularly. You agree
that if any information you provide to us is false, inaccurate, obsolete or
incomplete, we may terminate your use of and access to the Platform.
You agree that the Company, may, in accordance with its Privacy
Policy, collect and use your information, technical data, and related
information for the validation of the documents submitted. The Company may use
information and data pertaining to your use of the Services for analytics,
trends identification, and purposes of statistics to further enhance the
effectiveness and efficiency of the Platform and transfer the same to its group
companies and service providers in furtherance of your access to these
Services. You provide your consent to such use and sharing of your information.
Subject to applicable laws, the Company may be directed by law
enforcement agencies or the government and related bodies to disclose data in
relation to Users in connection with criminal proceedings. You understand and
agree that in such instances, the Company shall have the right to share such
data with relevant agencies or bodies.
INTELLECTUAL PROPERTY RIGHTS
The Platform is designed, updated and maintained independently by
the Company. When you access the Platform, you do so under a license granted
from us. All rights, titled and interest in text, graphics, audio, design and
other works on the Platform together with all the intellectual property related
thereto including inter
alia the domain name, copyrights, the look and feel of the
Platform, the trade name and trademarks, patents and designs are the sole
property of the Company or its licensors. All third-party trademarks and brand
names that appear on the Platform are the property of their respective owners.
Content on the Platform is for personal use only, unless permitted otherwise.
Any alteration of the material or use of the material contained in the Platform
for any commercial purpose is a violation of the intellectual property of the
Company and/or its affiliates or associates or of its third-party information
providers. We reserve the right to suspend or cancel the service at any time if
a computer virus, bug, or other technical problem corrupts the security or
proper administration of the service.
You acknowledge and agree that through your use of the Platform or
by availing any Services through or at the Platform, no right (empress or
implied) is granted to you in respect of such Content. The Company reserves the
right to change or modify the Content from time to time at its sole discretion.
Subject to your compliance with these Terms, the Company grants
you a limited, non-exclusive, non-sublicensable, revocable, non-transferable
licence to (i) access and use the Applications on your personal device solely
in connection with your use of the Services; and (ii) access and use any
content, information, and related materials that may be made available through
the Services, in each case, solely in connection with your use of the Services.
The Company and its licensors reserve all rights not expressly granted herein.
You will not use, copy, adapt, modify, prepare derivative works
based upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Platform and
Services, except as expressly permitted in the Terms and Conditions. No
licenses or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by the Company or its
licensors, except for the licenses and rights expressly granted in the Terms
and Conditions. The Platform and the intellectual property rights vested
therein are owned by the Company.
LIMITATION OF LIABILITY
The Company does not warrant that the results that are obtained
from the use of the Service will be accurate or reliable. You agree that except
as expressly stated by the Company, the Services and all the products provided/delivered
to you through the Service are provided 'as is' and 'as available for your use,
and are without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties. While we endeavour
to ensure your access and use of the Platform is safe, we cannot and do not
represent and warrant that the Platform or its server will be error-free,
uninterrupted, free from unauthorized access, and/or otherwise meet your
In no case are our directors, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors, liable
for indirect, incidental, special, exemplary, punitive or consequential
damages, including lost profits, lost data, personal injury or property damage
related to, in connection with, or otherwise resulting from any use of the
Services, even if the Company has been advised of the possibility of such
The Company shall not be liable for any damages, liability or
losses arising out of your use of or reliance on the Services or your inability
to access or use the Services; or any transaction or relationship between you
and any third-party provider or any delay or failure in performance resulting
from causes beyond Company’s reasonable control.
EXEMPTIONS TO LIABILITY OF COMPANY
User further agrees and confirms that the Company shall not be
responsible, in any manner whatsoever, for any delay/unavailability of Services
or failure to meet its obligations under the Terms and Conditions, which may be
caused, directly or indirectly, due to: your failure to cooperate; your
unavailability and/or unresponsiveness; your failure to provide accurate and
complete information; your failure to provide or facilitate the submission of
User materials in a timely manner; or any event beyond the Company’s reasonable
User further agrees that the Company shall be only liable to
provide assistance and cooperation in the event of theft or accident of the
vehicles while in the premises of the service partners. The Company shall
provide all requisite assistance in a timely manner in respect of any insurance
claims, reporting to police and/or any other formal steps as may be required
but shall not be liable to compensate the User for its loss unless the same is
caused due to an act solely attributable to the Company or due to gross
negligence of Company (and not the service partner).
You acknowledge that by using the Services, you may be subject to
charges from a third-party service provider for the services you receive
The Company, as a limited payment collection agent for a third-party service
provider, will facilitate your payment of the applicable Charges after you have
received services through your use of the Service. The Charges will be handled
as if you had directly paid the third-party service provider. All Charges will
include all applicable taxes unless otherwise specified by law. Unless
otherwise stated by the Company, all Charges paid by you are final and
The Charges may be updated or changed at any time as per the
analysis of the third-party services provider or your new requests. The updated
Charges shall be communicated to you by the Company and only upon your approval
of the Charges, the services will be provided by the third-party service
You acknowledge that the Charges from a third-party service
provider shall be duly paid and on account of default in payment, the same
shall be considered as a breach of these terms. In the event you commit such a
default/breach, you shall be liable to pay the liquidated damages of an amount
equivalent to the value of the said services. You hereby authorize the Company
to deduct or collect the amount payable as liquidated damages through such
means as the Company may exercise.
In case of any material changes have been made and there is a
default in payment by the User, the Company has a right to keep the vehicle in
its possession until and unless payment in full has been made by the User along
with other costs if applicable. In the event you fail to make the payment of
the Charges despite the passage of more than 90 days since the completion of
the services, the Company shall be entitled to recover the same by selling off
You acknowledge that you will be liable for the payment of towing
services provided by the Company as per the Company’s Charges.
Membership Plans will be offered by the company from time to time
through its website, app, social and print media. You can purchase the
membership through the Platform by adding it into the cart, checking out and
making the payment.
The Company reserves the right to alter/modify/suspend/discontinue
any terms and conditions associated with the Fee including but not limited to
the period, rate, services included in the membership. Further, the Company
shall give you notice of any change made to the features of the membership
prior to the expiry of the same. We will provide you with advance notice of any
change in Fees.
In the event the User fails to collect their car at the agreed
date of delivery, the Company shall arrange for the storage of the car at the
User’s risk and expense. Following such failure by the User, a parking fee of
Rs. 500 per day will be charged by the User for such storage.
Payment for the Services by the Users may be processed through the
third-party internet payment service providers. By purchasing any Services
through the Platform, the User hereby consents and agrees to abide by such
third-party Internet payment service providers’ applicable terms and conditions
and privacy policies. The User agrees and acknowledges that the Company has no
responsibility or liability under the terms and conditions and policies of the
third-party internet payment service provider. In the event such third-party
internet payment service providers’ customer terms and conditions or privacy
policies are not acceptable to you, please do not purchase such Services
through the Platform.
Additionally, we have no authority over, or liability for, the
delivery, safety, legality or any other such aspect of transactions or services
availed by the Users through the third-party internet payment service
providers. The Company will not be responsible for ensuring that any
third-party internet payment service provider the Users operate with, will
carry out the complete transaction, or has the appropriate authority to do so.
In the event, the Users experience any disruptions or problems while making the
payment for the Services through the third-party internet payment service providers,
or if the User has a dispute with such third-party internet payment service
providers, the User should resolve the disruptions, problems or disputes
directly with that third-party internet payment service provider.
CANCELLATION AND REFUND
You have no right to request a refund or
cancellation for an accepted service from the Platform. Once an order is placed
(i.e., upon acceptance of the estimated cost by the User), you shall not be
entitled to cancel such order or seek a refund for the Services provided.
In case of any dispute or difference between
the User and the Company, regarding the interpretation of these terms, any
claims or any disputes arising out of or pursuant to these terms, the same
shall be referred to a sole arbitrator who shall be appointed by mutual
consent. The proceedings shall be conducted under the provisions of the
Arbitration and Conciliation Act, 1996, and the courts of Pune shall have sole
jurisdiction over the matter and/or for the enforcement as the case may be.
These Terms and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of India and jurisdiction of Pune, India.
Severability: If any provision of these Terms is found to be
illegal or unenforceable by a court or other competent authority, the remaining
provisions of these Terms will remain in effect. If a part of an unlawful or
unenforceable provision could be made lawful or enforceable if that part were
removed, the rest of the provision will remain in effect (unless that would
contradict the clear intention of the clause, in which case the entirety of the
relevant provision will be deemed to be deleted).
Waiver: Any failure by the Company to enforce or exercise any
provision of the Terms, or any related right, shall not constitute a waiver by
the Company of that provision or right.
The Company provides these Terms so that you are aware of the
Terms that apply to your use of the Platform and Services. You acknowledge that
the Company has given you a reasonable opportunity to review these Terms and
you have agreed to them.
The Terms and Conditions are personal to you and are not
assignable or transferable by you except with Company’s prior written consent.
The company may assign, transfer or delegate any of its rights and obligations
hereunder without any consent.
All notices under the Terms and Conditions will be in writing and
will be deemed to have been duly given when received if personally delivered or
sent by certified or registered mail, return receipt requested; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; or 2 days
after it is sent, if sent for next day delivery by recognized overnight
No agency, partnership, joint venture, or employment relationship
is created as a result of the Terms and Conditions and neither party has any
authority of any kind to bind the other in any respect.
The Company may terminate your usage of the Platform or any
Service at any time for any reason, including breach of the Terms and
Conditions. The Company has the right (but not the obligation) to refuse to
grant access to the Platform. Except for the rights and licenses granted in
these Terms, we reserve all other rights and grant no other rights or licenses,
implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated,
you may not continue to use the Platform under the same account, a different
account or re-register under a new account. On termination of an account due to
the reasons mentioned herein, such User shall no longer have access to data,
messages and other material kept on the Platform by such User.
You may terminate these terms at any time, for any reason. The
obligations and liabilities incurrent by the parties prior to the termination
date, for all intents and purposes, will survive the termination of these
Terms. These Terms will remain in effect until either you or we terminate them.
If you fail, or we suspect you have failed, to comply with any term or
provision of these Terms, we may terminate this agreement without notice, and
you will remain liable for all amounts due up to and including the date of
You shall defend, indemnify, and hold harmless
the Company, its affiliates/subsidiaries/joint venture partners and each of
its, and its affiliates’/subsidiaries/joint venture partners’ employees,
contractors, directors, suppliers and representatives from all liabilities, losses,
claims, and expenses, including reasonable attorneys’ fees, that arise from or
relate to your use or misuse of, or access to, the Services and Platform; or
your violation of the Terms and Conditions; or any applicable law, contract,
policy, regulation or other obligation. We reserve the right to assume the
exclusive defence and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate with us in
You agree that we may contact you through telephone, email, SMS,
or any other means of communication for the purpose of obtaining feedback in
relation to Platform or our Services; obtaining feedback in relation to any
other Users listed on the Platform; or resolving any complaints, information,
or queries by other Users regarding your critical Content.
You agree to provide your fullest co-operation further to such
communication by the Company.
By submitting suggestions or other feedback regarding our Services/Platform,
you agree that we can use and share such feedback for any purpose without any
compensation to you and we are under no obligation to keep such feedback