Apna Mechanic

User Terms of Use

In these User Terms of Use, the words “you” and “your” refer to each customer or service user or site visitor or user. The words “we”, us”, “our”, “ApnaMechanik” or “company” refer to Revotech Service Media Private Limited, its subsidiaries, and affiliates. These User Terms of Use govern your use of the website, and services available under the domain www.apnamechnik.com and mobile applications (hereinafter referred to as the “Platform”).

By using the platform, you agree to be bound by the following:
(1) User Terms of Use;
(2) User Privacy Policy; and
(3) Disclaimer including any future amendments herein.
That the User Terms of Use, User Privacy Policy, and Disclaimer shall hereinafter may be referred to collectively as the “Policies”. You also agree that by using the platform or use any of the services, made available on the platform, you have read and understood the Policies mentioned herein, as together the said Policies forms a binding agreement (the “Agreement”) between you and ApnaMechnik regarding your use of the platform and the services provided herein.

1. AGE CONFIRMATION- You affirm and confirm that you are more than 18 (Eighteen) years of age, having sound mind, with free will and without any coercion or undue influence and fully able and competent to enter into the agreement, policies, terms, conditions, obligations, affirmations, representations, and warranties set forth in these User Terms of Use and Policies. If You are under the age of 18 (Eighteen) years it is deemed that you are using the platform under parental/guardian sponsor or supervision, and in accordance with applicable law.

2. ACCEPTANCE-
2.1. By creating an account on the platform or by using the Services, you signify electronically your agreement to all policies, terms, conditions, and notices contained or referenced herein and to comply in accordance with the present User Terms of Use.
2.2. If you do not agree to be bound by these User Terms of Use and other policies, you may not use the platform in any way.
2.3. If this User Terms of Use conflicts with any other document, the User Terms of Use will prevail for the purposes of usage of the platform.
2.4. If you use the platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the platform. You agree and acknowledge that you will use your account on the platform to purchase products only for your personal use and not for business purposes. ApnaMechnik reserves the right to refuse access to the platform, terminate accounts, remove or edit content at any time without notice to you.
2.5. By providing Us with Your User Information, You confirm that:
2.5.1. The User Information provided by You is accurate and genuine;
2.5.2. The mobile phone number provided by You belongs to you, has been validly acquired under applicable law, and You may be contacted on the number by way of calls or SMS messages by Us or Our Providers; and
2.5.3. You shall immediately notify Us of any unauthorized use of Your User Information or any other breach of these Terms of Use or security known to You.

3. Services on Platform-
3.1. ApnaMechnik through its service providers provide various household services, including but not limited to, home electrical and non electrical appliances repair, installation, de-installation, servicing, plumber services, cleaning services, electrician services, carpenter services, painter services and pest control services (hereinafter referred to as the “services”) to the users.
3.2. However, for accessing the services, you may have to create an account and disclose (“Personal Information”) including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information, (ii) gender and other demographics, and (iii) birth date and year to validate your current age.
3.3. ApnaMechnik may provide warranty only on its services. Moreover, ApnaMechanik shall not provide any warranty on its services if after the delivery of the services a user or any third party manipulates/change/repair or otherwise makes changes in any manner contrary to the services provided by ApnaMechanik.
3.4. Any product/replacement product or part warranty shall only be provided by the manufacturer of the said product or part, and ApnaMechnik shall not be held responsible, in any manner whatsoever, due to the failure of the product manufacturer to provide warranty of the said product or part installed by ApnaMechanik.
3.5. In Case of replacement or reinstallation of a product or part on warranty ApnaMechanik shall charge its service charge on the same.

4. Service Booking-
4.1. You can book a service from the platform as per your requirement. However, it is the sole responsibility of the user before booking a service to check the accuracy of, and evaluate the suitability and relevance of, the booked Service.
4.2. You can cancel/reschedule a booking at any time before a visit by the service provider. However, if you cancel/reschedule a booking after the visit by the service provider you shall be liable to make payment of service charge to the company.
4.3. ApnaMechnik, without any liability whatsoever, at its sole discretion may, cancel or reschedule, or to alter, modify or rearrange the schedule of any booked service. You also understand that ApnaMechnik, at its sole discretion, may limit, suspend, or terminate your use of the Platform. You also understand that ApnaMechnik may modify or discontinue any/all services at its sole discretion.
4.4. ApnaMechnik will not be liable for any loss or damage incurred to your property as the result of any service provided by the service provider.
4.5. Providers may obtain personal information about You due to Your use of the platform or Services, and such Service Providers may use this information to harass or injure You. We do not approve of such acts, but by using the Services, You acknowledge that We are not responsible for the use of any personal information that You disclose or share with others through the use of the Services.
4.6. The platform enables Users to interact with Service Providers and any transactions between You and any Provider are strictly bi-partite. We are not and cannot be a party to, or control in any manner, any Transaction between You and any Provider. We shall not and are not required to mediate or resolve any disputes or disagreements between the You and any Provider. Your further acknowledges that ApnaMechnik shall not also be responsible for any harassment, misbehaviour, assault, theft or other criminal acts of the service provider at your premises.

5. Payment Terms and Refund Policy
5.1. Unless otherwise expressly agreed in writing by ApnaMechnik, full payment for a Service is required at the time of booking a service. After delivery of a service and during service warranty period, upon a request by the user, and to the satisfaction of ApnaMechnik, ApnaMechnik may choose to refund the Service Fees paid, subject to such charges as may be decided from time to time. Once the service warranty period has closed, there will be no refund allowed for any reason whatsoever.
5.2. To make payment for any Service or to purchase any services or products offered by ApnaMechnik through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). ApnaMechnik does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case ApnaMechnik’s third-party payment provider stores any such information, ApnaMechnik will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and ApnaMechnik is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
5.3. Failure to pay may result in withdrawal of your access to a Service. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. ApnaMechnik does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of purchase.

6. Social Media Activities-
6.1. You shall not use social media platforms or other mediums to defame, threat or attempt to threat, or cause any harm to the company or its affiliated companies, and its employees, contractors, agents, officers and directors. You shall not (a) disclose the Company’s Confidential Information on social media sites; (b) make defamatory or harassing statements about the Company, its related persons; (c) use or reproduce without authorisation Company’s name, logo, website link.
6.2. If you are found to do any such activity then the company shall have the liberty to take appropriate civil and criminal action against you.

7. AMENDMENT- You agree that ApnaMechnik reserves the right, and has the sole discretion to amend any clauses by way of amendment, addition, variation or repeal or revise these User Terms of Use and other policy at any time. Your continued use of the platform or the Services following the posting of any changes to the User Terms of Use of any other policy constitutes your acceptance of those changes.

8. USE OF WEBSITE AND MOBILE APPLICATION-
1.1. You agree to use the platform and the Services as provided on it, only in a manner which is permitted by the policies and the law. You further agree to never misuse the same. In case ApnaMechnik finds any non-compliance by you of the Policies, ApnaMechnik may suspend your account on the platform or stop providing you the Services.
1.2. It is agreed by you that by using the platform or Services, it does not give you ownership of any Intellectual Property Rights in them or the content that you access. Further, by using the Services you are not granted the right to use any branding or logos used in them and you are prohibited from removing, or altering any information displayed in or along with our Products and Services.

9. USER CONTENT
9.1. Some areas of the platform and the Services, allow you to make available certain information such as your name, email address, phone number, address or other information or in the process of using any of the Services shall constitute “User Content”. ApnaMechnik claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow us or others to view and/or share your User Content in accordance with your settings in the use of Services. Further, ApnaMechnik shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.
9.2. Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current;
(ix) violates any policy or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the platform or Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the platform and Services and deleting or revising any content posted by another person or entity. You agree that any information that you post does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. ApnaMechnik reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.

10. INTELLECTUAL PROPERTY RIGHTS
10.1. The trademarks, logos and service marks (“Marks”) displayed on the platform are our property and/or the property of ApnaMechnik. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission from ApnaMechnik. All information and content including on or through the site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes.
10.2. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ApnaMechnik protected by copyright as a collective work under the applicable copyright laws. ApnaMechnik owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ApnaMechnik and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the site or a website otherwise owned or operated in conjunction with ApnaMechnik shall not be deemed to be in the public domain but rather the exclusive property of ApnaMechnik, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ApnaMechnik, unless otherwise stated.

11. PRIVACY- Users of the platform and Services should refer to ApnaMechnik’s Privacy Policy for information about how ApnaMechnik uses, collects and discloses information to third parties. Our Privacy Policy, which is hereby incorporated into this Agreement, explains how ApnaMechnik treats your personal information, and protects your privacy, when you access the Application.

12. THIRD-PARTY LINKS- The Products and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ApnaMechnik. ApnaMechnik does not endorse or assume any responsibility for any such third-party Websites, information, materials, products, or services. If you access a third party website from the Products and Services, you do so at your own risk, and you understand that this Agreement and ApnaMechnik’s Privacy Policy do not apply to your use of such Websites. You expressly relieve ApnaMechnik from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Products and Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ApnaMechnik shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

13. INDEMNITY
13.1. You agree to defend, indemnify and hold harmless ApnaMechnik and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the platform and Products and Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13.2. Further, you agree that, if you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ApnaMechnik and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products and Services or violation of any of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

14. COMPANY’S LIABILITY FOR ITS SERVICES-
14.1. It is agreed by you that, when permitted by law, ApnaMechnik will not in any way be responsible for any loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. In all cases, ApnaMechnik will not be liable for any loss or damage that is not reasonably foreseeable.
14.2. Provided the liability of ApnaMechnik shall not extend the amount as paid by the respective user for the services.

15. INTERPRETATION- ApnaMechnik shall have the exclusive right to interpret the User Terms of Use and other policies including any future amendment.

16. Dispute Resolution- If any dispute, controversy or claim arises under this Agreement, including any question regarding the existence, validity or termination of this Agreement (hereinafter “Dispute”), the parties shall use all reasonable endeavours to resolve such Dispute amicably through mediation and consultation. If the parties are unable to resolve the Dispute amicably within 30 (Thirty) days of the notice of such Dispute, the Parties shall resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter mentioned to asto as “Act”). The Dispute shall be resolved by a sole arbitrator, mutually appointed in accordance with the Act.
The seat of the arbitration shall be Hyderabad and the language of this arbitration shall be English. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad. Any arbitration shall be confidential, and the Parties shall not disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitral award. All administrative fees and expenses of arbitration will be divided equally between the Parties. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

17. GOVERNING LAW AND JURISDICTION- Any dispute or claim arising out of or in connection with the Policies shall be governed by and construed in accordance with the law of The Republic of India and the courts of Hyderabad shall have the exclusive jurisdiction to entertain any disputes.

18. LEGAL- ApnaMechnik reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these User Terms of Use, including without limitation, removing the User Content from the web-site and/or terminating the offending User’s ability to access the web-site and/or use the services.

19. NO OBJECTION- User hereby express that it has no objection upon any call/SMS/ Communication by ApnaMechnik, any third party on its behalf or any other party authorized by ApnaMechnik, communicating to User with regard to the Services. Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to ApnaMechnik’s Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI and other alike authorities in other country’s guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User