THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR VEHCILE REPAIR & SERVICE (DEFINED BELOW) AND CUSTOMERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK FOR THE SAME. YOU UNDERSTAND AND AGREE THAT AUTOROUNDERS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROVIDERS AND CUSTOMERS, NOR IS AUTOROUNDERS A WORKSHOP, AGENT OR INSURER. AUTOROUNDERS HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROVIDERS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
- AUTOROUNDERS Content means all Content that AUTOROUNDERS makes available through the Site, Application and Services, including any Content licensed from a third party, but excluding Member Content.
- Collective Content means Member Content and AUTOROUNDERS Content.
- Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- Customer means a member who requests a booking of vehicle service/repair via the Site, Application and Services.
- Service Provider means a Member who creates a Listing via the Site, Application and Services.
- Services means any service related to vehicle service, repair, paint, care, insurance etc.
- Listing means Services that is listed by a Service Provider as available via the Site, Application and Services.
- Member means a person who completes AUTOROUNDERS’s account registration process, including, but not limited to Service Provider and Customers, as described under “Account Registration” below.
- Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application and Services.
- Tax or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), Service Tax and other similar municipal, state and national indirect or other withholding and personal or corporate income taxes. Certain areas of the Site, Application and Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Applicationservices, or Collective Content.
- YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATIONOR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, APPLICATIONOR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION AND SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
AUTOROUNDERS reserves the right, at its sole discretion, to modify the Site, Applicationor Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or Application. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Applicationor Services after we have posted a modification on the Site and/or Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Applicationand Services.
The Site, Applicationand Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Applicationand Services can be used to facilitate the listing and booking of vehicle service/repair. Such services are included in Listings on the Site, Application and Services by Service Providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a service or create a Listing, you must first register to create an AUTOROUNDERS Account (defined below).
As stated above, AUTOROUNDERS makes available a platform or marketplace with related technology for Customers and Partners to meet online and arrange for bookings of vehicle service/repair.
AUTOROUNDERS is not an owner or operator of workshops/service centres, including, but not limited to, workshop, service centre, and AUTOROUNDERS does not own, sell, resell workshop service and/or control workshops, including, but not limited to, workshops,other service centres and AUTOROUNDERS’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, AUTOROUNDERS is not a contracting agent or representative of any Service Provider. Instead, AUTOROUNDERS’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF VEHCILE SERVICE/REPAIR. AUTOROUNDERS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY WORKSHOP/SERVICE CENTRE. AUTOROUNDERS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND WOEKSHOPS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER’S OWN RISK.
In order to access certain features of the Site and/or Applicationand to bookservice or create a Listing, you must register to create an account (“AUTOROUNDERS Account”) and become a Member. You may register to join the Services directly via the Site and/or application as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site/Application, as described below. As part of the functionality of the Site, Application and Services, you may link your AUTOROUNDERS Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to AUTOROUNDERS through the Site /Application or (ii) allowing AUTOROUNDERS to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to AUTOROUNDERS and/or grant AUTOROUNDERS access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating AUTOROUNDERS to pay any fees or making AUTOROUNDERS subject to any usage limitations imposed by such third party service providers. By granting AUTOROUNDERS access to any Third Party Accounts, you understand that AUTOROUNDERS will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site via your AUTOROUNDERS Account and AUTOROUNDERS Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your AUTOROUNDERS Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or AUTOROUNDERS’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your AUTOROUNDERS Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. AUTOROUNDERS makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and AUTOROUNDERS is not responsible for any SNS Content.
We will create your AUTOROUNDERS Account and your AUTOROUNDERS Account profile page for your use of the Site/Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active AUTOROUNDERS Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AUTOROUNDERS reserves the right to suspend or terminate your AUTOROUNDERS Account and your access to the Site, Application and Services if you create more than one (1) AUTOROUNDERS Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your AUTOROUNDERS Account, whether or not you have authorized such activities or actions. You will immediately notify AUTOROUNDERS of any unauthorized use of your AUTOROUNDERS Account.
Service Provider Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Workshop/Service Centre to be listed, including, but not limited to, the location, capacity, size, features, availability of the Workshop/Service Centre and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Workshops/Service Centres must have valid physical addresses. Listings may be made publicly available via the Site, Application and Services. Other Members will be able to book your services via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your service, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer vehicle service/repair in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services you provide included in a Listing you post and (b) not conflict with the rights of third parties. Please note that AUTOROUNDERS assumes no responsibility for a Service Provider’s compliance with any applicable laws, rules and regulations.
You understand and agree that AUTOROUNDERS does not act as an insurer or as a contracting agent for, or representative of, you as a Service Provider, and if a Customer requests a booking of your Services and uses your workshop/service centre, any agreement you enter into with such Customer is between you and the Customer and AUTOROUNDERS is not a party thereto. Please note that AUTOROUNDERS reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that AUTOROUNDERS, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Service Provider, AUTOROUNDERS makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your services. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the workshop/service centre at your request or invitation, excluding the Customer.
AUTOROUNDERS recommends that Partners obtain appropriate insurance for their Workshop/Service centre/Location. Please review any insurance policy that you may have for your Workshop/Service centre carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers while at your Workshop/Service centre. Any damage or theft of vehicle/customers belongingsin the vehicle will be complete responsibility of the Service Provider and AUTOROUNDERS will not be liable for anything whatsoever.
AUTOROUNDERS does not endorse any Members or any Workshop/Service centre. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from AUTOROUNDERS with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site, Application and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms for Partners/Service Provider
If you are a Service Provider and a booking is requested for your services via the Site, Application and Services, you will be required to either confirm or reject the booking within 1 hour of when the booking is requested (as determined by AUTOROUNDERS in its sole discretion) or the booking request will be automatically cancelled and assigned to other partner. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the booking and (ii) Customer car details (iii) the service customer wants to avail. If you are unable to confirm or decide to reject a booking of Service within such 1 hour period, any amounts collected by AUTOROUNDERS for the requested booking will be refunded to the applicable Customer’s credit or debit card. When you confirm a booking requested by a Customer, AUTOROUNDERS will send you an email, text message or message confirming such booking, depending on th e selections you make via the Site, Application and Services.
The fees displayed in each service category will be determined by Autorounders and you agree to follow the same without any dispute. The amounts due and payable by a Customer solely relating to a Service Provider’s services are the “Service Fees”. Please note that you agree to provide service as per Autorounders standard & quality norms and at the rates given by Autorounders.
Please note that AUTOROUNDERS does not currently charge fees for the creation of Listings. However, you acknowledge and agree that AUTOROUNDERS reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that AUTOROUNDERS will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
For all the services provided by the service provider, AUTOROUNDERS do not take any warranty or guarantee. It will be the sole responsibility of the service provider to ensure the service is carried out with best effort and care and in case of any dispute by customer, service provider will have to resolve it in the reasonable timeframe.
Bookings and Financial Terms for Customers
The Partners, not AUTOROUNDERS, are solely responsible for honoring any confirmed service bookings and making available any Services reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Service Provider for the booking of services/repairs, you agree and understand that you will be required to enter into an agreement with the Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Service Provider. You acknowledge and agree that you, and not AUTOROUNDERS, will be responsible for performing the obligations of any such agreements, and AUTOROUNDERS is not a party to such agreements and disclaims all liability arising from or related to any such agreements. AUTOROUNDERS will ensure that the Service Providers follow the standard agreed between AUTOROUNDERS and Service Providers and the work is carried on with the required expertise and care. Any damage or theft of vehicle/customers belongings in the vehicle will be complete responsibility of the Service Provider. Also Service Providers will be responsible for the services/repairs provided by the Service Providers.
In consideration for providing the Services, AUTOROUNDERS collects service fees from Partners and Customers (“Service Fees”). Service Fees are made up of two (2) components: (i) Customer Fees and (ii) a fee that is charged to the Service Provider based upon a percentage of the amount of the Service Fees (“Service Provider Fees”). Where applicable, Taxes may also be charged in addition to the Service Provider Fees. Service Provider Fees are deducted from the Service Fees before remitting the Service Fees to the Service Provider.Customer Fees are, as noted above, included in the Total Fees.
Balances will be remitted to Partners via cheque, direct deposit or other payment methods described on the Site/Application. Except as otherwise provided herein, Service Fees are non-refundable.
Cancellations and Refunds
If, as a Customer, you cancel your requested service booking before the requested booking is confirmed by a Service Provider, AUTOROUNDERS will refund any Service Fees collected for such requested booking within a commercially reasonable time. If, as a Customer, you wish to cancel a confirmed booking made via the Site, Application and Services, the cancellation policy of the Service Provider contained in the applicable Listing will apply to such cancellation. Also, the refund will be made to the customer’s account.
If a Service Provider cancels a confirmed booking made via the Site/Application(i) AUTOROUNDERS will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from AUTOROUNDERS containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the Service Provider associated with such alternative Listing confirms the Customer’s requested booking, then the Customer agrees to pay AUTOROUNDERS the Total Fees relating to the confirmed booking for the Service in the alternative Listing, in accordance with these Terms. If a Service Provider cancelled a confirmed booking and you, as a Customer, have not received an email or other communication from AUTOROUNDERS, please contact AUTOROUNDERS at http://www.autorounders.com/home/contact-us/.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. AUTOROUNDERS cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Service Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Service Provider, AUTOROUNDERS may issue a valid VAT invoice to such Service Provider.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to AUTOROUNDERS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, Application and Services. AUTOROUNDERS does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to AUTOROUNDERS the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AUTOROUNDERS’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that AUTOROUNDERS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AUTOROUNDERS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AUTOROUNDERS used herein are trademarks or registered trademarks of AUTOROUNDERS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the Contact (www.Autorounders.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of AUTOROUNDERS and you hereby irrevocably assign to AUTOROUNDERS and agree to irrevocably assign to AUTOROUNDERS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At AUTOROUNDERS’s request and expense, you will execute documents and take such further acts as AUTOROUNDERS may reasonably request to assist AUTOROUNDERS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
AUTOROUNDERS respects copyright law and expects its users to do the same. It is AUTOROUNDERS’s policy to terminate in appropriate circumstances the AUTOROUNDERS Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see AUTOROUNDERS’s Copyright Policy at www.Autorounders.com/terms for further information.
Termination and AUTOROUNDERS Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your AUTOROUNDERS Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event AUTOROUNDERS terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your AUTOROUNDERS Account you will remain liable for all amounts due hereunder. You may cancel your AUTOROUNDERS Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your AUTOROUNDERS Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AUTOROUNDERS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND PARTNERS. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AUTOROUNDERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AUTOROUNDERS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AUTOROUNDERS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUTOROUNDERS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR CUSTOMERS. YOU UNDERSTAND THAT AUTOROUNDERS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY SERVICES. AUTOROUNDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM REMAINS WITH YOU. NEITHER AUTOROUNDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUTOROUNDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PARTNERS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE AUTOROUNDERS SERVICE PROVIDER GUARANTEE, IN NO EVENT WILL AUTOROUNDERS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY SERVICE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWO (2) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SERVICE PROVIDER, THE AMOUNTS PAID BY AUTOROUNDERS TO YOU IN THE TWO (2) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE THOUSAND RUPEES (INR1000), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AUTOROUNDERS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold AUTOROUNDERS and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of service, (iii) creation of a Listing or (iv) the useof service by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a service, booking or use of service and (d) your participation in the Referral Program.
If the Service Provider or any member of the Service Provider who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to AUTOROUNDERS by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Intellectual property rights
All the data pertaining to customers or any other transaction data remains property of Autorounders
Dispute between Service Provider and Customer
Subject to the provisions regarding dispute between service provider and customer in connection with the services, including payment of and performance of services, and any other terms, conditions, warranties, representations associated with such transactions or dealings, are solely between customer and service provider. Customer should take reasonable precautions and make whatever investigations or inquiries you deem necessary or appropriate before proceeding with any transactions with service provider.
You understand that deciding whether to use the services of the service provider or provide services to customer or use information contained in any submitted content including, without limitation, posting, offers, wants and or feedback, is your personal decision for which alone you are responsible. You understand that AUTOROUDERS does not warrant and cannot make representation as to the suitability of any service provider you may decide to interact with on or through the website and or the accuracy or suitability of any advice, information, or recommendations made by any individual. while AUTOROUNDERS may attempt to seek information about the background of a service provider, either via telephonic or in person interview, review of past work/ customer feedback and or check presence online if available on SNS, you understand that the service provider may register themselves sun moto.
you also understand that any so called background check undertaken by auto rounder is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the user should take the an informed decision on his or her owned accord and keep in mind the fact that AUTOROUNDERS only seeks to provide platform where in the service provider and customers have an opportunity to meet each other.
Notwithstanding the foregoing, you agree that since AUTOROUNDERS only seek to provide a platform where in the customer and the service provider can be brought together and AUTOROUNDERS itself has no role in the execution or in the provision of services itself, AUTOROUNDERS shall not be responsible or liable for any loss or damage of any sort what so ever incurred as a result of any such transaction or dealings. If there is a dispute between customer and service provider on the website/ application or between the registered users or only website user or any third party, you acknowledge that AUTOROUNDERS is under no obligation to become involved. In such event, you hereby release AUTOROUNDERS, its officers, managers, members, directors, employees, attorneys, agents and successor in rights from any claims, demands and damages (actual and consequential) of every kind or nature, known or known, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and or the website or any service provided there under.
These Terms constitute the entire and exclusive understanding and agreement between AUTOROUNDERS and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AUTOROUNDERS and you regarding bookings or listings of Services, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without AUTOROUNDERS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AUTOROUNDERS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AUTOROUNDERS (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the India. You and we agree to submit to the exclusive jurisdiction of a court located in Mumbai, India for any dispute, claim or actions in relation to these Terms or the use of services provided through Autorounders.com
The failure of AUTOROUNDERS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AUTOROUNDERS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact AUTOROUNDERS at firstname.lastname@example.org