CONTRACTUAL RELATIONSHIP M/S POLO CLUB INC, incorporated under the Companies Act, 2013, having its registered office at 94 – 714, Satyam Chs, Dindoshi Nagar,, Near Rilance Power Housh, Malad East, Mumbai, Mumbai Suburban, Maharashtra, 400097 operating under the trademarked name “M/S POLO CLUB INC”, provides holistic car services including maintenance, repair, etc. The use and access of our website https://poloclubusa.in/ (“https://poloclubusa.in/”).
These terms constitute a legally binding and enforceable agreement between M/S POLO CLUB INC Cars(“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 “Terms”) prior to accessing the Platform or availing Services (as defined below) using the Platform.
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 https://poloclubusa.in/ . 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.
DEFINITIONS
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your Content” 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. “GL Cars 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.
“Estimated 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.
“Membership 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 offers.
“Service(s)” 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.
“User” 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 purpose.
SERVICES
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 information.
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.
ELIGIBILITY
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 therein.
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 during the account creation process is governed by our Privacy Policy available 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.
SUPPORT
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 https://glcars.in/ or calling our helpline at +91-8398970970 (Monday to Sunday between 7 am and 9 pm).
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, rules or regulations, or the Agreement (including the Privacy Policy) by a 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 libellous 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.
USER DATA
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.
LICENSE
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.