Terms of use

Last Revised: 03/02/2022
‍
These Terms of Use (together with the documents referred to in them) govern your use of our platform and its related websites, services, applications, and tools. By using the services you confirm that you accept these Terms of Use and that you agree to abide by them.

OVERVIEW
‍
This Terms of Service Agreement ("Agreement ") is entered into by and between Mekit. ("Mekit ") and you, and is made effective as of the date of your use of this website https://www.mekit.in ("Site ") or the date of electronic acceptance. Operating under the trademarked name “Mekit”, provides holistic car services including maintenance, repair, etc.
‍
This Agreement sets forth the general terms and conditions of your use of http://www.mekit.in as well as the products and/or services purchased or accessed through this Site (the "Services "). Whether you are simply browsing or using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement our Privacy policy.
‍
The terms "we ", "us "or "our "shall refer to Mekit. The terms "you ", "your ", "User "or "customer "shall refer to any individual or entity who accepts this Agreement, use our Site, has access to, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Mekit may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. These Terms are generated by a computer system and do not require any digital or electronic signature.
‍
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ELIGIBILITY
‍
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a Mekit or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you ", "your ", "User "or "customer "shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Mekit finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement.

By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties outlined in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract "within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or persons with unsound minds, etc. are not eligible to use the Platform. By accessing the Platform or by accessing any of the Services or Content on any other Authorized Device, it is deemed that the User has read and understood, and accepted these Terms.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 do so. 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 outlined in these terms, and to abide by and comply with the Terms stated therein.You comply 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.

SUPPORT

Mekit offers an email 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 hello@mekit.in (Monday to Sunday between 7 am and 9 pm).

Mekit shall revert to every complaint at the earliest upon receipt of the complaint during the business days. Further, Mekit shall take the best possible efforts to redress the complaint within 7 days of receipt of the complaint. Any suggestions by Mekit regarding the use of the Services shall not be construed as a warranty.

The User agrees and acknowledges that Mekit shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by Mekit, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by Mekit. Any suggestions by Mekit regarding the use of the Service shall not be construed as a warranty.

Mekit 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 Mekit, Mekit 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.

RULES OF USER CONDUCT

By using this Site You acknowledge and agree that:Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.You will not:copy or distribute in any medium any part of this Site, except where expressly authorized by Mekit, modify or alter any part of this Site or any of its related technologies,Access Companies Content or User Content through any technology or means other than through this Site itself.

Mekit 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. 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 Mekit or any person on its behalf and the User or where the User has consented to data transfer.
‍
INTELLECTUAL PROPERTY
‍
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to the Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein ("Companies Content "), are owned by or licensed to Mekit in perpetuity, and are subject to copyright, trademark, and/or patent protection.Companies Content is provided to you "as is ", "as available "and "with all faults "for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Mekit. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement.

The Platform is designed, updated, and maintained independently by Mekit. When you access the Platform, you do so under a license granted from us. All rights, titles, 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 Mekit 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 Mekit and/or its affiliates or associates or 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. Mekit reserves the right to change or modify the Content from time to time at its sole discretion.
‍
Alerts Provided by Mekit
‍
Mekit provides you with multiple automatic alerts while providing Services. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts promptly with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or any actions taken or not taken by you or any third party in reliance on an alert.Termination/ Suspension of Accounts:We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and licenses granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Platform under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.Mekit may terminate your usage of the Platform or any Service at any time for any reason, including breach of the Terms and Conditions. Mekit has the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and licenses granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
‍
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE IS PROVIDED "AS IS ", "AS AVAILABLE "AND "WITH ALL FAULTS ". Mekit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Mekit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Mekit ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Mekit, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
‍
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Mekit and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS, AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. WE DON’T PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU’VE POSTED.

MEKIT IS NOT A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING A PROFILE YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES Mekit WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THIS PLATFORM. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE. AS PART OF ITS SERVICES WE MAY PROVIDE THIRD-PARTY SERVICES. WE HEREBY DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD-PARTY SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY THE PROVIDER AS TO THE FITNESS OF THE THIRD-PARTY SERVICES FOR THE INTENDED PURPOSE.
‍
LIMITATION OF LIABILITY
‍
IN NO EVENT SHALL Mekit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED ", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Mekit IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site
‍
Mekit does not warrant that the results that are obtained from the use of the Service will be accurate or reliable. You agree that except as expressly stated by Mekit, the Services and all the products provided/delivered to you through the Service are provided 'as is 'and 'as available for your use, and are without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties. While we endeavor to ensure your access and use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if Mekit has been advised of the possibility of such damages.Mekit shall not be liable for any damages, liability, or losses arising out of your use of or reliance on the Services or your inability to access or use the Services; or any transaction or relationship between you and any third-party provider or any delay or failure in performance resulting from causes beyond Mekit’s reasonable control.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEKIT (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF Mekit HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
‍
EXEMPTIONS TO LIABILITY OF MEKIT
‍
User further agrees and confirms that Mekit shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your unavailability and/or unresponsiveness; your failure to provide accurate and complete information; your failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond Mekit’s reasonable control.User further agrees that Mekit shall be only liable to provide assistance and cooperation in the event of theft or accident of the vehicles while on the premises of the service partners. Mekit shall provide all requisite assistance in a timely manner in respect of any insurance claims, reporting to police, and/or any other formal steps as may be required but shall not be liable to compensate the User for its loss unless the same is caused due to an act solely attributable to Mekit or due to gross negligence of Mekit (and not the service partner).
INDEMNITY

You agree to protect, defend, indemnify and hold harmless Mekit and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Mekit directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
‍
CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email: hello@mekit.in