Terms and Conditions
This Agreement is made between Auto Aid, a Partnership Firm registered under the Indian Partnership Act 1936 and having its corporate office at, Auto Aid, Bldg no: 17/202 (A8), First Floor, Synergy Towers, Companypady, Thaikkattukara P.O. Aluva, Ernakulam – 683106. Kerala, India (hereinafter referred to as AUTO AID” which expression shall mean and include its representatives, successors- in–office, affiliates and assigns) on the ONE PART; AND
A Technical Service provider who is an automobile’s mechanical/ electrical or any other services provider, who provides mechanical / electrical or any other services for automobiles such as two wheelers, cars and any other heavy vehicles etc .,and is desirous of listing himself/herself or the firm representing him/her and their services on the Portal, details of which are provided in Exhibit A (Individual Expert and service station Details ), so as to provide Automobile services to the users of Portal. The Technical Service Provider has represented that the Technical Service Provider fulfills the eligibility criteria annexed hereto as Exhibit C and is in compliance with all applicable laws for the provision of Technical Services through the Portal.
A Technical Service Provider who is an Automobile mechanical / electrical works service station (s), which provides mechanical / electrical or any other services for automobiles such as two wheelers, cars and other heavy vehicle etc., desirous of listing itself, its branches of service station(s) on the Portal, details of which are provided in Exhibit A (“Service Stations and Branches details”), so as to provide Technical Services to the users of Portal. The Technical Service Provider has represented that the Technical Service Provider fulfils the eligibility criteria annexed hereto as Exhibit C and is in compliance with all applicable laws for the provision of Technical Services Through the Portal(hereinafter referred to as the “Technical Service Provider”) of the OTHER PART. AUTO AID and the Technical Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.
The Terms and Conditions (as defined) shall be applicable as set out below-
- If the Technical Service Provider (as defined in the Association Agreement) is an Operator providing Services to the Customers through the technicians employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator as well as to the employees employed by the Operator; and
- If the Technical Service Provider is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Technical Service Provider Operator.
DEFINITIONS:
All of the defined and capitalized terms in these Technical Service Provider T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Association Agreement.
“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these Technical Service Provider T&C, by which action, you unequivocally accept the Technical Service Provider T&C and any modifications thereof.
“Account” refers to the account created by AUTO AID at its sole discretion, for the Technical Service Provider subsequent to submitting and AUTO AID verifying the Registration Data
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
“Association Agreement” shall mean the agreement entered into between AUTO AID and the Technical Service Provider /Operator pursuant to which the Technician / Operator has agreed to provide Technical Services in accordance with these Technical Service Provider T&C, as amended from time to time.
“AUTO AID” or “We” or “Us” or “Our” shall mean Auto Aid a Registered Partnership Firm , registered under the Indian Partnership Act 1932,which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“AUTO AID Partner App” means the electronic interface on the AUTO AID Portal from where the Technical Service Provider’s Account is accessible to the Technical Service Provider. Login credentials (User ID and Password) for the AUTO AID shall be provided by AUTO AID.
“AUTO AID Partner” shall mean the Technical Service Provider who gets the Technical ID after verification by AUTO AID in accordance to the eligibility criteria.
“AUTO AID Policies” means the “Privacy Policy”, Zero Tolerance Policy & such other policies (including any amendments thereof), which AUTO AID may issue and make applicable to from time to time and make available to the Technical Service Provider on the Technical Service Provider’s request.
“Booking” shall mean the allotted Service Request.
“Business Day” means a day on which banks are open for business in the City of Operation.
“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
“City of Operation” shall mean the city in which the Association Agreement is executed by and between the Technical Service Provider and AUTO AID.
“Commercial Term Segment” shall mean Exhibit C of the Association Agreement, which contains the commercial terms for Service provided by the Technical Service Providers.
“Content” shall have the meaning given to it in 7.1.
“Convenience Fee” shall mean the fee payable by the Customer/Partner for availing the technology services offered by AUTO AID. Convenience Fee shall be charged for each Service Request placed by the Customer/ Partner on the Portal.
“Customer” shall mean such person, who places a Service Request on the Portal and has accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).
“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the AUTO AID Portal for availing the Service.
“Device” shall mean Device, as the case may be, used for performance of the Services.
“Fare” shall mean the Fare payable to the Technical Service Provider shall be the input to the Device after completion of the Service. The Technical Service Provider permits AUTO AID to review and revise the Fare as per the market conditions.
“Force Majeure” shall have the meaning given to in Clause 16.4.
“Information” shall mean the details furnished by the Technical Service Provider at the time of signing the Association Agreement and/or otherwise during and after the Technical Service provider’s registration on the AUTO AID Partner App on the Portal and successful creation of an Account.
“Operator” shall mean a Technical Service Provider who has listed himself / itself and his / its service station(s) on the Portal to provide Services to the Customers through the Technicians employed by the Operator.
“Operator’s Technicians” shall mean the Technician’s employed by the Operator for providing Services to the Customers.
Parties” shall mean, collectively, the Technical Service Provider and AUTO AID and “Party” shall refer to any one of them.
“Portal” shall mean such features of the AUTO AID mobile application or other programs, software, mobile applications including but not limited to AUTO AID and Auto Aid Partner owned by, licensed to and controlled by AUTO AID, and other URLs as may be specified by AUTO AID from time to time.
“Posted Content” shall have the meaning given to in Clause 7.4.
“Service” means the service of reaching a Customer from the required point as prompted on the Device and doing the technical service of the Customers Vehicles at the point or entered by the Customer at the time of placing his / her Service Request and accepted by the Technical Service Provider.
“Service Request” means a request placed by the Customer on the Portal to avail the Service offered by the Technician.
“Subscription Amount” shall mean the amount paid by the Technical Service Provider at the time of subscription to Portal of AUTO AID, if any.
“Technical Service Proceeds” shall mean the net amount receivable by the Technical Service Provider after deduction of AUTO AID’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
“Technical Service Provider” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with AUTO AID and in the event of Operators of Technical services, shall include the Operators Technicians for purposes of compliance with these Terms and Conditions.
“Term” means the period commencing from the date of acceptance of the Technical Service Provider T&C by the Technical Service Provider up to the date of termination of the Association Agreement and/or these Technical Service Provider T&C.
“Terms and Conditions” or “Technical Service Provider T&C” refers to these Technical Service Provider T&C which are available at the Portal, as may be amended from time to time.
“Vehicle” shall mean and include two wheelers, cars, heavy vehicles and other automobiles etc.,as defined under the Motor Vehicles Act, 1988.
“Wallet” shall mean the prepaid payment instruments available for payments in the AUTO AID Portal.
“Zero Tolerance Policy” shall mean the policy of AUTO AID as detailed under the Annexure to these Technical Service Provider T&C, as may be amended from time to time.
1. APPLICABILITY OF TECHNICAL SERVICE PROVIDER T&C
These Technical Service Provider T&C together with the Association Agreement, Commercial Term Segment, Zero Tolerance Policy, AUTO AID Policies, shall be deemed to be incorporated by reference into these Technical Service Provider T&C and shall form the complete understanding between the Parties. By accepting the Technical Service Provider T&C, You acknowledge and agree to the Association Agreement and various Exhibits to the Association Agreement, AUTO AID Policies and any other policy that AUTO AID makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
2. SCOPE OF SERVICES
2.1 You agree that AUTO AID’s role is limited to being a market place solely for managing and operating the Portal for the display of the Service in the manner decided by AUTO AID unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers. Accordingly, AUTO AID is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall AUTO AID have any obligations or liabilities in respect of such contract.
2.2 The Technical Service Provider confirms and undertakes that AUTO AID does not own or in any way control the vehicle serviced by a Technical Service Provider rendering the said Service to the Customer. AUTO AID shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Technical Service Provider to the Customer. AUTO AID does not make any representations or warranties regarding the quality of the Service provided by You.
3. SERVICE REQUESTS
3.1 On receipt of a Service Request, Booking will be allotted to the Technical Service Provider on the Device or in such other manner as may be agreed between the Technical Service Provider and AUTO AID from time to time.
3.2 The Technical Service Provider shall duly complete all Bookings allotted in connection with the Services and promptly notify AUTO AID immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.
3.3 In the event the Technical Service Provider requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the AUTO AID call centre. If the assistance pertains specifically to the Device, Technical Service Provider App, Portal or anything therein, then such issue may be directed to the call centres of AUTO AID.
3.4 Upon a Service Request being allotted to the Technical Service Provider on the Technical Service Provider App, AUTO AID may provide to the Customer, the picture of the Technical Service Provider, details of the service station(s) including mobile phone number of the Technical Service Provider and such other information as required under Applicable Laws or as AUTO AID may deem fit, as the case may be, required by the Customer to identify the Technical Service Provider.
3.5 Once a Booking is allotted, AUTO AID will provide the Technical Service Provider with the necessary Customer information in order to enable the Technical Service Provider to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 12 below.
3.6 In the event, the Technical Service Provider is a female; the Technical Service Provider shall not accept Service Requests from 20:00 hours in the evening to 08:00 hours in the morning.
4. COMMUNICATION
4.1 When You use the Technical Service Provider App on AUTO AID’s Portal or send emails or other data, information or communication to AUTO AID, You agree and understand that You are communicating with AUTO AID through electronic records and You consent to receive communications via electronic records from AUTO AID periodically and as and when required. AUTO AID may communicate with You by email or by such other mode of communications, electronic or otherwise.
4.2 You hereby expressly consent to receive communication from AUTO AID through Your registered phone number and/or e-mail id. You consent to be contacted by AUTO AID via phone calls/SMS notifications. You agree that any communication so received by You from AUTO AID will not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.
4.3 By registering with AUTO AID, You hereby agree to (i) provide Information that AUTO AID has a legal duty to request from a Technical Service Provider on account of the Know Your Customer norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and (ii)undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Technical Service Provider.
4.4 You acknowledge and agree that Your Information may be transferred or stored in a server decided by AUTO AID In order to perform AUTO AID’s obligations under these Technical Service Provider T&C.
5. OBLIGATIONS OF THE TECHNICAL SERVICE PROVIDER
5.1 The Technical Service Provider shall ensure and confirm that he understands the language of the Technical Service Provider App /Portal and shall ensure that he/she chooses the language that he bests understands from amongst the languages that the Technical Service Provider App / Portal supports.
5.2 The Service provided through the Portal by the Technical Service Provider shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of AUTO AID. The Technical Service Provider shall be liable for any loss caused to AUTO AID and/or the Customer due to negligence of the Technical Service Provider in the performance of the Service.
5.3 The Technical Service Provider be deemed to be informed and shall also strive to stay informed about conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Technical Service Provider shall, immediately intimate AUTO AID, and disclose any such aforesaid calamity that he may become aware of.
5.4 The Technical Service Provider shall provide the Service to the Customers in a courteous, effective and timely manner with his/her/its own tools, equipment’s, materials and Consumables and Auto Aid Shall not be paying for the same.
5.5 The Technical Service Provider shall ensure registration of and shall hold and keep updated / renewed all licenses, insurance and permits necessary for being eligible to provide the service through the Portals.
5.6 The Technical Service Provider shall not undertake or assist in any unlawful or illegal activity while performing Services.
5.7 The Technical Service Provider shall not allow unauthorized persons to service the Vehicle. AUTO AID reserves the right to take any action at its sole discretion for any violation by the Technical Service Provider or the Technical Service Provider, which may extend to but not limited to termination an/or other legal action.
5.8 The Technical Service Provider or any Technical Service Provider shall ensure the safety and security of the Customers, his own self and that of the vehicle at all times. The Technical Service Provider shall immediately bring to the notice of AUTO AID any deviation from the provision of the Service/s as required under the terms of these Technical Service Provider T&C, including but not limited to any accidents, damage to life or property.
5.9 The Technical Service Provider agrees that any breach of the Association Agreement or these Technical Service Provider T&C by him/her is likely to cause AUTO AID substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available AUTO AID shall have the right to specific performance and injunctive relief.
5.10 The Technical Service Provider shall ensure comprehensive insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and AUTO AID shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of servicing of such vehicles.
5.11 The Technical Service Provider shall ensure that he is not using the Device for any purpose other than for providing Service in the manner provided under these Technical Service Provider T&C. The Technical Service Provider shall ensure that the Device is not busy for long, unavailable or switched off while the service is being displayed on the Portal.
5.12 On allotment of a Booking in response to a Service Request, the Technical Service Provider shall ensure that he/she arrives at the spot on time as displayed in the Service Provider App.
5.13 Technical Service Provider shall ensure that In the event of Repeated Service to the Vehicles serviced due to the incapacity/inefficiency of the Technical Service Provider / technician shall do it to the customer free of cost and AUTO AID shall not be liable for any compensation neither to the customer nor the Technical Service Provider. Moreover ,In the event of refund of service charges by the Technical service Provider to customer due to the technicians incapacity or inefficiency the same shall also be paid by the Technical Service Provider/Technician and AUOT AID shall not be refunding any payment done previously on account of the same service.
5.14 The Technical Service Provider shall ensure that the Customer pays the Total Service Fee as well as additional surcharge (if applicable) and any fee presently payable. In the event, the Customer pays by cash for the Services, the Technical Service Provider shall collect the Total Service Fee and remit the Convenience Fee and Cancellation Fee (if any), to AUTO AID in the manner solely determined by AUTO AID.
5.15 The Technical Service Provider will have a functioning mobile number and also have the ability to read text messages sent by AUTO AID, regarding the Customer details and to convey Customer feedback.
5.16 In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Technical Service Provider and shall be reported immediately by the Technical Service Provider directly to AUTO AID. In the event the Technical Service Provider pilfers or tampers with the property of the Customer, the Technical Service Provider shall be solely liable for any damages claimed by the Customer and AUTO AID may at its sole discretion terminate the Technical Service Provider’s registration and disable the Technical Service Provider’s access to the Portal. AUTO AID shall in no event be liable for loss of or damage caused to the property of the Customer.
5.17 Technical Service Provider hereby acknowledges and agrees that AUTO AID shall not be responsible for settling any payment related issues between Customer and Technical Service Provider. In case of any conflict, the Technical Service Provider shall seek instructions from AUTO AID. The Technical Service Provider agrees that the decision taken by AUTO AID shall be final and binding on the Technical Service Provider in the aforesaid case.
5.18 The Technical Service Provider shall make himself/ herself available for such trainings as AUTO AID may be required to organize pursuant to Applicable Law or as AUTO AID may deem necessary from time to time.
5.19 The Vehicle shall be the sole responsibility of the Technical Service Providers and the Technical Service Provider shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.
5.20 Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Technical Service Provider. The Technical Service Provider shall immediately inform AUTO AID in case of any cancellation or refusal of allotted Booking. Further, the Technical Service Provider hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Technical Service Provider Proceeds.
5.21 The Technical Service Provider agrees that the costs associated with the maintenance of the Service Stations shall be borne by the Technical Service Provider.
5.22 The Technical Service Provider shall be solely responsible for:
- any failure to complete a Service Request accepted by the Technical Service Provider;
- any failure to meet the Customer(s) at the allotted time and/or place along with the repaired vehicle;
- any act or omission on the part of its Technical Service Providers including any rash and negligent behaviour;
- any violation or non-adherence to the Applicable Law by it;
- any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service; and
- any delay of more than 10 (ten) minutes caused to the Customer(s);
5.23 The Technical Service Provider, shall not either directly or indirectly:
- engage in any conduct that damages the reputation or causes inconvenience in any manner, to AUTO AID; or
- be the reason for AUTO AID to be a part of any negative publicity.
5.24 The Technical Service Provider hereby agrees that any complaint/s by Customers regarding the Vehicle or Technical Service Provider will be considered to be a breach of the obligations by the Technical Service Provider hereunder for which AUTO AID shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Technical Service Provider, AUTO AID may, in its sole discretion, immediately terminate theAccount of such Technical Service Provider, by providing a written notice to Technical Service Provider to this effect.
5.25 Technical Service Provider will maintain all relevant books, records and accounts relating to the Services provided by Technical Service Provider and payments collected. Upon reasonable notice, AUTO AID may audit, or may appoint a qualified independent auditor to audit, the books and records of the Technical Service Provider to verify the accuracy of the amount of payments collected by the Technical Service Provider. If such audit reveals any discrepancies with respect to the payment collected and submitted to AUTO AID, then in addition to AUTO AID retaining the right to exercise other remedies, may require the Technical Service Provider to promptly pay AUTO AID an amount equal to the discrepancy and may ask for an additional amount as fine from the Technical Service Provider.
The audits will be conducted at AUTO AID’s expense; provided, however, that if the audit reveals an underpayment by the Technical Service Provider with respect to collection and submission of payments to AUTO AID in excess of 5% (five percent), then Technical Service Provider, in addition to payment obligations described above, will promptly reimburse AUTO AID for all reasonable, third party audit fees.
5.26 AUTO AID may require the Technical Service Provider to affix AUTO AID brand including but not limited to its logo /sticker on their mobility Vehicle. In such event, Technical Service Provider shall extend all necessary support and assistance to AUTO AID for affixing AUTO AID brand on their mobility Vehicle. It is hereby clarified that Technical Service Provider will not be entitled for any additional payments for the AUTO AID logo / sticker affixed on the Vehicle, if any. AUTO AID logo /sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these Technical Service Provider T&C.
6. DEVICE
The provisions relating to Device(s) shall be as set out in the Association Agreement7. CONTENTS POSTED ON PORTAL / AUTO AID PARTNER APP
7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / Technical Service Provider App is owned, controlled or licensed by or to AUTO AID and is protected under the Applicable Law. 7.2 Except as expressly provided in these Technical Service Provider T&C, the Technical Service Provider shall not:- Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / Technical Service Provider App, or any portion thereof;
- Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Technical Service Provider App;
- Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights;
- Store or disseminate material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Use the Portal / Technical Service Provider App in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Technical Service Provider App or any activities conducted on the AUTO AID’s servers;
- Copy, sell, sub-license or assign the Portal / Technical Service Provider App, and its rights under these Technical Service Provider T&C, without the prior written consent of AUTO AID;
- Distribute, disclose or allow use of the Portal / Technical Service Provider App by any third party in any format, through any timesharing service, service bureau, network or by any other means; or
- Merge or combine the Portal / Technical Service Provider App with any other technology not provided by AUTO AID.
- do not remove any proprietary notice language in all copies of such documents; or
- use such information only for Your personal, non-commercial informational purpose anddo not copy or post such information on any networked computer or broadcast it in any media; or
- make no modifications to any such information; or
- do not make any additional representations or warranties relating to such documents.
8. AUTO AID’S RESERVED RIGHTS
8.1 AUTO AID may, upon notice to the Technical Service Provider, delist or remove the Information pertaining to the Technical Service Provider from the Portal / Technical Service Provider App.10. REPRESENTATIONS AND WARRANTIES
10.1 You represent and warrant that:
- You are eligible for registration on the Portal / Technical Service Provider App and creation of an Account in terms of these Technical Service Provider T&C.
- You have all requisite power and authority to, deliver and perform the obligations imposed herein;
- The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;
- You are the rightful owner of the Vehicle or have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder You from the performance of the Services;
- You have all rights, licenses and permits as may require by Applicable Laws to perform the Service in accordance with the terms of the Technical Service Provider Agreement and these Technical Service Provider T&C. The Technical Service Provider hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Technical Service Provider T&C.
- You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, you are not a party to any pending litigation which shall materially affect Your obligations under these Technical Service Provider T&C.
10.2 You undertake that, at all times during the Term, You will:
- abide by these Technical Service Provider T&C, Zero Tolerance Policy and the AUTO AID Policies, as may be made applicable to You from time to time;
- perform the Service/(s) in accordance with all Applicable Laws;
- not violate the intellectual property rights of AUTO AID or of any third party and for any breach or violation of such intellectual property rights,
- be solely responsible to comply with AUTO AID Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with AUTO AID or the Customer or any other third parties.
11. DISCLAIMER
11.1 You understand and acknowledge that AUTO AID disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles serviced by Technical Service Provider that are used by the Customers as a part of the Services and Services offered by the Technical Service Provider through the Portal.
11.2 AUTO AID does not warrant that You will be able to use the Portal / Technical Service Provider App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Technical Service Provider App and the Services provided through the Portal / Technical Service Provider App will be uninterrupted or error-free or that the defects will be capable of being corrected by AUTO AID in a timely fashion. AUTO AID’s Portal, and all other technology developed and installed on the Device by AUTO AID are provided on an “AS IS” and “AS AVAILABLE” basis and AUTO AID specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. AUTO AID also does not provide any warranties as regards the compatibility of AUTO AID’s Portal, Technical Service Provider App or any other installed technology with the Device of the Technical Service Provider and the results as well as performance of the Portal / Technical Service Provider App may vary depending on the model of the Device.
12. CONFIDENTIALITY
12.1 You acknowledge that pursuant to this Technical Service Provider T&C, You will have access to confidential information of AUTO AID and its affiliates which has been provided by AUTO AID. You undertake to keep confidential all data and other confidential information of AUTO AID and shall not sell or otherwise make that information available to any third parties.
12.2 Except as otherwise agreed, the data of Customers will be the exclusive property of AUTO AID, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Technical Service Provider T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Technical Service Provider App or any other information which is treated as confidential by AUTO AID, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1 You agree and undertake to indemnify and to hold harmless AUTO AID its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of
- any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Technical Service Provider T&C;
- any violation of AUTO AID Policies or any other policies provided by AUTO AID;
- any harm to the reputation and goodwill of AUTO AID;
- any claim of violation of intellectual property of a third party by Technical Service Provider’s usage of AUTO AID’s intellectual property in a manner not permitted under these Technical Service Provider T&C;
- Technical Service Provider’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Technical Service Provider the transfer of such data to the competitors of AUTO AID or its affiliates or to any third party; and
- fraud, negligence and misconduct of the Technical Service Provider.
13.2 You shall be liable to indemnify and hold AUTO AID harmless against all damages, losses, costs and expenses incurred by AUTO AID as a consequence of any complaint from any Customer received by AUTO AID with respect to defective Service/(s).
13.3 In addition to the indemnification rights of AUTO AID under these Technical Service Provider T&C, AUTO AID shall also be entitled to such other remedies available under Applicable Laws.
13.4 In no event will AUTO AID be liable for any losses arising from or in connection with these Technical Service Provider T&C, pursuant to any claim by the Technical Service Provider against AUTO AID under contract, tort or otherwise, if such losses could have been avoided by the Technical Service Provider using reasonable efforts to mitigate them. Further, AUTO AID shall also not be liable to the Technical Service Provider in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of AUTO AID to the Technical Service Provider or to any person claiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand only).
13.5 AUTO AID shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Technical Service Provider arising out of the use of the service offered by AUTO AID to the Technical Service Provider directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of AUTO AID or any person or any organization involved in the above mentioned systems. The Technical Service Provider shall also be liable to AUTO AID for any loss caused to AUTO AID due to the negligence of Technical Service Provider or any unlawful act or omission in the performance of the Service. Without prejudice to the above, AUTO AID shall not be liable for any direct or indirect loss or damage, which may be suffered by the Technical Service Provider as a result of any failure by a Customer to show up within any stipulated time even if AUTO AID has agreed to such timing or even if the Customer has advised AUTO AID of the possibility that he / she may not show up within the stipulated time.
14. TERMINATION OF TECHNICAL SERVICE PROVIDER REGISTRATION
14.1 The Parties to these Technical Service Provider T&C shall be entitled to terminate these Technical Service Provider T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
14.2 The Parties to these Technical Service Provider T&C shall be entitled to terminate these Technical Service Provider T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Technical Service Provider T&C by a Party which is not the Party proposing to terminate the Technical Service Provider T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
14.3 Upon termination of these Technical Service Provider T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Technical Service Provider on the Portal shall stand cancelled and the Account shall be terminated and the Technical Service Provider shall not be eligible to ply his Vehicle on the Portal.
14.4 Upon the expiry or early termination of these Technical Service Provider T&C:
- The Technical Service Provider shall pay to AUTO AID all amounts due and owing to AUTO AID.
- AUTO AID may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Technical Service Provider to AUTO AID under these Technical Service Provider T&C.
- On the termination of Your registration, AUTO AID will settle the Technical Service Provider Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Association Agreement, prior to the date of termination.
- Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Technical Service Provider T&C and/or the Association Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
- The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Technical Service Provider T&C and/or the Association Agreement. In connection with the marketing activities, on termination or expiration of the Association Agreement along with the Technical Service Provider T&C, the Technical Service Provider shall ensure that AUTO AID branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by AUTO AID and mutually agreed between the Parties),if any, shall be immediately removed. If the Technical Service Provider is unable to remove the branding himself, Technical Service Provider shall promptly approach AUTO AID’s nearest office for removal of the branding. AUTO AID disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Technical Service Provider after expiry or termination of the Association Agreement and Technical Service Provider T&C.
14.5 Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Technical Service Provider Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Technical Service Provider T&C in accordance with their terms.
14.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
14.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which AUTO AID may have, arising out of the event which gave rise to the right of termination.
15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
15.1 If any dispute arises between You and AUTO AID, in connection with, or arising out of, these Technical Service Provider T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by AUTO AID. Arbitration shall be held in Calicut, Kerala. The proceedings of arbitration shall be in the English and Malayalam language. The arbitrator’s award shall be final and binding on the Parties.
15.2 These Technical Service Provider T&C shall be governed by and construed in accordance with the laws of India.
15.3 Subject to clause 15.1, the courts in Kerala shall have the exclusive jurisdiction in connection with this Agreement.
15.4 In addition to above remedies, AUTO AID shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies AUTO AID may have at law or in equity.
16. MISCELLANEOUS
16.1 Entire Agreement: The Parties hereby agree that the Association Agreement, Exhibits and these Technical Service Provider T&C along with Commercial Term Segment, AUTO AID Policies, Zero Tolerance Policy and any other policy that AUTO AID notifies to the Technical Service Provider from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Technical Service Provider T&C and any other agreement executed between the parties, the terms of the Technical Service Provider T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Technical Service Provider T&C.
16.2 Independent Contractor Status: The relationship created by Technical Service Provider T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Technical Service Provider shall not be deemed for any purpose to be an employee of AUTO AID or any of its Affiliates. AUTO AID shall not be responsible to the Technical Service Provider or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
16.3 Assignment: Neither these Technical Service Provider T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Technical Service Provider to any third party, without the prior written consent of AUTO AID. AUTO AID may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
16.4 Force Majeure: Any delay in or failure to perform any obligations by either party under the Technical Service Provider T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to AUTO AID. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which AUTO AID receives the notice from You as above, AUTO AID shall have the right to terminate these Technical Service Provider T&C.
16.5 Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Technical Service Provider T&C:
- By electronic mail.
For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other, AUTO AID: info@autoaid.in;
Technical Service Provider: As provided during attachment - By SMS sent to mobile number at:
AUTO AID: Not Applicable;
Technical Service Provider: As provided during attachment. - By hand, against a written acknowledgement of receipt by the receiving Party.
AUTO AID: Bldg no: 17/202 (A8), First Floor, Synergy Towers, Companypady, Thaikkattukara P.O. Aluva, Ernakulam – 683106. Kerala, India.
Technical Service Provider: As provided during attachment. - iv. By registered mail. Same as mentioned in 16.5(iii) above
In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
16.6 Waiver: The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege.
16.7 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
16.8 Amendment: These Technical Service Provider T&C may be modified or amended by AUTO AID at its sole and absolute discretion.
FURTHERANCE TO THE ABOVE TERMS AND CONDITIONS THE TECHNICAL SERVICE PROVIDER SHALL ADHERE TO THE FOLLOWING ZERO TOLERANCE POLICY GIVEN UNDER
Technical Service Provider will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Technical Service Provider from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:
Breach Cases:
- Asking for tips: Technical Service Provider shall not Proactively ask for ‘tips’ from the Customer. Technical Service Provider shall not hassle the Customer for change.
- Wasting Customer’s Time: Technical Service Provider shall not engage in other work after accepting the AUTO AID customer’s work and waste AUTO AID customer’s time.
- Personal hygiene: Technical Service Provider shall maintain personal hygiene.
- Customer Service: Technical Service Provider shall greet Customers both time during starting the vehicle service and while seeing off after the service and bill payment.
- No Smoking/Tobacco/Pan/Masala/Food Item: Technical Service Provider shall not smoke while servicing the vehicles and shall not chew any masala or chewing gum or any other food item while the vehicle service is in progress.
- The Technical Service Provider shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
- The Technical Service Provider should not make any fake calls or give any missed calls to the Customer’s contact number. The Technical Service Provider should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Technical Service Provider shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
- The Technical Service Providers shall be well versed with the routes. The Technical Service Provider shall not take any long route when there is another short route known to him for reaching the destination. The Technical Service Providers are not expected to halt at several places during the journey due to lack of knowledge of the routes.
- Delay In reaching the Repaired Vehicle Spot: Technical Service Provider should reach the Repaired Vehicle point on system prompted time. Technical Service Provider must meet if available or intimate the Customer that he has reached location.
- Technical Service Provider should keep his mobile ‘ON’ while he is logged into the AUTO AID Portal and he should receive every call of the Customer. Technical Service Provider should not make any deliberate attempt to be in ‘non-network’ area while the Customer is away for his/her personal work.
- Vehicle Branding: AUTO AID Sticker, if any, on the mobility Vehicle of the technical should not be removed till the technician is active on the Platform.
- Rude Behavior with Female Customer: Technical Service Provider shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. Technical Service Provider should follow the instructions given by Customer as well as by AUTO AID Call Centre.
- Mobile Phone Usage: Technical Service Provider shall not use mobile phones (unless for emergency purposes) while servicing the customers vehicles This includes but not limited to SMS, video calls, voice, MMS and downloading. However, this shall not apply in case of calls from AUTO AID representatives and the Customer.
- Reporting To AUTO AID: Technical Service Provider shall not lie about the servicing Vehicle’s position and repair work to the AUTO AID representative.
- Technical Service Provider should not sleep while on duty.
- Technical Service Provider shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by AUTO AID).
- Technical Service Provider shall not reject a booking or a Customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.
- Missing luggage: Technical Service Provider should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in the vehicle service station, the Technical Service Provider should call to the Customer and inform him that he has forgotten his belonging in the cabs.
- Device Misuse: Technical Service Provider shall ensure that the Device (as defined in the Technical Service Provider T&C) shall not be misused in any ways
- Traffic Rules: Technical Service Provider shall obey all traffic rules including traffic signals. Technical Service Provider shall keep all statutory documents (insurance documents, vehicle registration book/card, PUC Certificate, etc. for his mobility vehicle ) at all times. Technical Service Provider shall wear seat belt/Helmet all the time while driving his mobility vehicle.
- Technical Service Provider lying or completing service in bad-faith: Technical Service Provider should follow the best and shortest possible route to reach the destination. Technical Service Provider should not misrepresent or misguide to increase the service charges.
- Technical Service Provider shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the AUTO AID Portal.
- Abusive or discriminatory Technical Service Provider: Technical Service Provider should not do anything like abusing the Customer, talking to Customer or any such behavior which shall make the Customer feel uncomfortable during journey. Technical Service Provider should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
- Extra Ordinary Circumstances: Any instance of Technical Service Provider’s behavior that directly or indirectly impacts the Company’s “Brand Image”.
