IMPORTANT: PLEASE READ THESE TERMS OF USAGE (“TERMS’) BEFORE USING REAL MOTORS PRIVATE LIMITED MOBILE APPLICATION OR REAL MOTORS PRIVATE LIMITED WEBSITE. ALL RIGHTS (INTELLECTUAL PROPERTY AND OTHERWISE) OF REAL MOTORS PRIVATE LIMITED MOBILE APPLICATION AND WEBSITE SERVICES (“REAL MOTORS PRIVATE LIMITED APP” or “REAL MOTORS PRIVATE LIMITED WEBSITE” or “REAL MOTORS PRIVATE LIMITED”) IS OWNED BY REAL MOTORS PRIVATE LIMITED. (“REAL MOTORS PRIVATE LIMITED” or “COMPANY”).
ANY PERSON WHO DOWNLOADS THE REAL MOTORS PRIVATE LIMITED APP OR VISITS THE REAL MOTORS PRIVATE LIMITED WEBSITE OR IS REGISTERED WITH REAL MOTORS PRIVATE LIMITED BY ANY OTHER MEANS SHALL BE REFERRED TO AS “USER” OR “YOU” UNDER THESE TERMS.
BY DOWNLOADING AND REGISTERING ON THE REAL MOTORS PRIVATE LIMITED APP OR BY USING THE REAL MOTORS PRIVATE LIMITED WEBSITE, IT WILL BE DEEMED THAT THE USER HAS READ, UNDERSTOOD AND ACCEPTED THE FOLLOWING TERMS AND CONDITIONS IN THE SAME WAY AS IF THE USER HAS SIGNED A PRINTED VERSION AND USER SHALL BE BOUND BY THEM UNTILTERMINATION OF THEIR REGISTRATION WITH REAL MOTORS PRIVATE LIMITED.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET OUT HEREIN, DO NOT INSTALL AND/OR USE THE APP OR ANY OF THE SERVICES PROVIDED BY REAL MOTORS PRIVATE LIMITED OR REAL MOTORS PRIVATE LIMITED. IF YOU HAVE ALREADY INSTALLED THE APP, AND YOU DO NOT AGREE WITH THE TERMS SET OUT HEREIN, PLEASE UNINSTALL THE SAME FROM YOUR MOBILE DEVICE.
REAL MOTORS PRIVATE LIMITED (“Company” or “we” or “us” or “our”) incorporated under the Companies Act, 2013 having its registered office at Plot No.-12, Ram Krishna Mahavir Nagar, Anjar, Kutch, Gujarat 370110 provides motor vehicle servicing, repairing and/or provides motor vehicle servicing related facility for booking motor vehicle servicing to you (“You” or “Users”) and you agree to obtain certain Services (defined hereinafter) offered by Company at register independent third party vehicle service providers ("WORKSHOP CENTRE") by means of the Company’s website and the mobile application “Real Motors” (“Platform”). All the Services provided by the Company to you would be by means of your use of the Platform. These Terms of Use shall govern the relationship between you (the customer) and the Company in the course of provision of the Services. These terms of use (“Terms of Use”) mandate the terms on which users using the Services will be governed.
The Services constitute a technology platform including websites and mobile applications (the “Real Motors Platform”) that enables users to access a network of Workshop Centre. The Services offered by us through Workshop Centre include a broad range of services as set out herein below:
Real Motors is a platform for users to obtain vehicle services from Workshop Centre and users acknowledge that Real Motors does not guide, check and control a Workshop Centre work. We do not checks background of individual employees or Workshop Centre. When interacting with Workshop Centre, you should exercise caution and common sense to protect your personal safety and property. Real Motors does not directly take part in any interaction between users and Workshop Centre.
As above Mechanism role as an intermediary between you and the Workshop Centre, Real Motors has no control over the Service quality, Service timeliness, Service guarantees, Service risks or damages related to Vehicle Services or failure of any Workshop Centre to provide Vehicle Services.
By using Platform, you affirm that you are at least 18 years of age and are fully able, competent and authorized on behalf of an organization/other person to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. By accessing the Platform or by accessing any of the Services or Content on any other Authorized Device, it is deemed that the User has read and understood and accepted these Terms.
During registering an account for the services, you agree to provide only true, accurate, current and complete information requested by the registration form and if any changes then promptly update the Data. You will be responsible for all activities that occur under your Account and You agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account with anyone. You further agree to notify Real Motors immediately of any unauthorized use or any other breach of the security of your Account and to exit from your Account at the end of each session. You further agree that you will not with intend to manipulate maintain more than one Account for the same Real Motors service at any given time. Real Motors reserves the right to remove or reclaim any Accounts at any time and for any reason.
The Company provide facilities through telephone, email, SMS, or any other means of communication for the purpose of. In case you require any assistance or support, you may access support resources or contact our support by emailing at info@realmotorsindia.com or calling our helpline at +91 85110 88332 (24*7).
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 working 7 days of receipt of the complaint.
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.
Provided You comply with all terms and conditions of these Terms of Service, Real Motors grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services subject to the Terms and Conditions of this Agreement. Any rights not expressly granted herein are reserved by us.
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 collect and use Your Personal Information to analysis and development activities (including data analytics, surveys and/or profiling) to improve Our services and facilities in order to enhance Your relationship with Us or for Your benefit, or to improve any of our Service(s) for Your benefit and you provide your consent to such use and sharing of your information.
You agree that the Company may according to any direction by Law enforcement authorities, Government authorities, courts, dispute resolution bodies and any party appointed or requested by applicable regulators to carry out investigations or audits of Our activities then disclose data in relation of Users in connection for proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
Platform use only for Services and other purposeful legal activity according to terms and conditions, you hereby promise not to use the Service for any purpose that is unlawful, or that is unethical in nature or that is prohibited by the Terms of Service, or for any other purpose not reasonably intended by Real Motors. You agree to abide by all applicable local, laws, regulations and rules.
You agree that your submission of any ideas, suggestions, documents, and/or proposals to Real Motorsis at your own risk and that Real Motors has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Real Motors the right to use any Feedback in any way at any time without any additional approval or compensation.
The Service (including the Site and Apps), and all content, materials, data and other information created by or for Real Motors and made available via the Service (collectively, Content), are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Real Motors shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Real Motors, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your personal, non-commercial purposes; provided that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Real Motors express prior written permission.
You acknowledge that company provide independent mechanics for repair and maintenance, accordingly Real Motors has no responsibility or liability for any services or parts provided to you by such Workshop Centre.
Real Motors not liable for any liability arising out of or in connection with this agreement. In Addition, In no event will Real Motors be liable for special, indirect, incidental, punitive, or consequential damages of any kind under any theory of Liability.
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.
You acknowledge in connection with any use of Vehicle Services to: (a) release Real Motors from any claims, demands, damages, and liabilities of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Vehicle Services (including any disputes arising therefrom) and (b) attempt to settle any dispute directly with the applicable Workshop Centre.
You Acknowledge 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 control.
Register user purchase Membership Plan referencing these Terms and all charges associated with your access to and use of the Services. Membership Plan for Special period (Mention period of benefits) or due yearly upon commencement from your subscription term and Subscription charges or, with respect to a plugin, at the time that such plugin is made available to user after successfully completed process. Subscription charges are non-refundable. There will be no refunds or credits for partial service periods, upgrade/downgrade refunds, or refunds for service periods unused with an open account.
Register user must pay charges to Real Motors if any excess Vehicle Services and for that Workshop Centre generate quotation on Platform with reference to Service accept by Register user. The price for Vehicle Services (including any applicable taxes) will be established by the Real Motors, as set forth in the offer you accepted. If any amount not paid when due shall bear a late payment charge until paid at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. If any payment is past due, Real Motors shall have the right to take whatever action it deems appropriate (including without limitation, suspending or terminating your access and use of the Service). You agree to reimburse Real Motors for all reasonable costs and expenses (including attorneys fees) incurred in collecting payments.
Real Motors may modify the subscription service from time to time, including by adding and deleting functions in an effort to improve your experience. But we will not make changes to the subscription service that materially reduce the functionality of the subscription service provided to you during the subscription term. Subscription fees will remain fixed during the subscription term unless you (i) upgrade products or (ii) subscribe to additional features. Where a price change applies to you we will charge you under the new price structure starting with the next billing period in the subscription term.
Real Motors reserves the right to modify or stop offering Subscriptions or change Subscription Price or Benefits, at any time in its sole discretion. Real Motors offering Subscriptions or change Subscription Price or Benefits to existing user and all changes will be effective upon your next subscription renewal Billing Cycle. If you do not agree with the price change, you have the right to reject the new Subscription.
Coupons, Gift Cards, Discount and any other benefits vouchers may be used only for the purchase of eligible Vehicle Services through the Real Motors Platform and non-transferable or redeemed for cash. Vehicle Services Charges are deducted from the Coupons, Gift Cards, Discount and any other benefits vouchers balance subject to your confirmation marks. We are not responsible if a Coupons, Gift Cards, Discount and any other benefits vouchers is lost, stolen, destroyed or used without permission.
Register user have rights to take possession of old parts on replacement of new parts, with reference to take possession within 2 days from compile Section 14, then after no one is responsible for missing anything.
User may reschedule a scheduled Job appointment at anytime, subject to before more than 12 hours of a scheduled Service appointment or Job otherwise liable for Rs.300, there is no fee (subject to before more than 12 hours of a scheduled Service appointment or Job) up to 2 reschedule then after liable for Rs.300. If you cancel within 12 hours of the scheduled start time for the Job or scheduled Service, you will be charged liable for Rs.300. We reserve the right to establish, remove and/or revise our reschedule policy or reschedule / cancel fee at any time in our discretion.
Workshop Centre cancel a scheduled Job, we generally notify you and make your Service request available for another Workshop Centre. However, we cannot guarantee that a cancelled Job will be selected by another Workshop Centre and rescheduled or that the Job Request will be completed. Workshop Centre reserve the right to refuse a Job Request. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Workshop Centre to complete a Job.
Real Motors may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason or including breach of the Terms and Conditions. If we terminate or suspend your registration, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. You have no ownership rights for your Account, if terminating or delete by Real Motors and any information in it.
User may registration and account of agreement terminate at any time, with or without cause, subject to that there are no outstanding on your Account. If you attempt to terminate this Agreement while there are still outstanding on your Account, this Agreement shall not terminate until such Services have been performed or otherwise cancelled as permitted by this Agreement.
This agreement is governed by the laws of republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kutch, Gujarat, India in all disputes arising out of or relating to the use of the website.
If any covenant or provision hereof its determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the validity of any other covenant or provision, each of which is hereby declared to be separate and distinct. If any provisions of this Agreement are so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If any provision of this Agreement is declared invalid or unenforceable for any reason other than over-breadth, the offending provision will be modified so as to maintain the essential benefits of the bargain among the parties hereto to the maximum extent possible, consistent with law and public policy.
This Agreement constitutes the entire agreement between you and Real Motors regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You acknowledge in connection with agreement hereto irrevocably agree that any dispute, controversy or claim arising out of, relating to or in connection with this Agreement or the existence, breach, termination or validity hereof shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Kutch, Gujarat, India, and shall be conducted by a sole arbitrator over the matter and/or for the enforcement as the case may be.
You hereby acknowledge to indemnify, defend, and hold harmless Real Motors and its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Real Motors Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another and (v) your information and content that you submit or transmit through the Real Motors Platform. Real Motors reserves the right to assume the exclusive defence and control of any matter otherwise subject to your indemnification.
Real Motors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
Please contact us with any questions regarding this Agreement Terms of Service or your dealings with the Service, please contact us at:
PLOT NO.-12, RAM KRISHNA MAHAVIR NAGAR, ANJAR, KUTCHH, GUJARAT ANJAR KACHCHH GUJARAT 370110
Tel: +91 85110 88332
E-mail: info@realmotorsindia.com
Last update: 10th May 2024