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TERMS AND CONDITIONS

SCOPE OF TERMS AND CONDITIONS

The Terms and conditions ("Terms and conditions") contained hereinafter shall apply to the use  or purchase of our devices, websites and apps (“Products”, “Services”), including GaragePro apps (Android & iOS), GaragePro website (https://garagepro.in/, https://garagepro.shop), CaRPM (https://carpm.in/), apps offered by Zymbia on Play Store (https://play.google.com/store/apps/developer?id=CaRPM) and App Store, including but without limitation to any other mobile application services offered from time to time by Zymbia Interactive Technologies Private Limited (“Zymbia”, “We”, “Our”, “Us”). Any reference to “Users”, “you” or “your” in these Terms and conditions refers to both Visitors and Customers, as the case may be. If you do not agree to these Terms and Conditions, please do not use our services.

 

Change to the Terms

We may vary or amend or change or update these Terms and conditions, from time to time entirely at our own discretion. You shall be responsible for checking these Terms and conditions from time to time and ensure continued compliance with these Terms and conditions. Your use of Products and/or services after any such amendment or change in the Terms and conditions shall be deemed as your express acceptance to such amended/changed Terms and conditions and you also agree to be bound by such changed/amended Terms and conditions.

 

Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither we nor our affiliates or our officers, directors, employees shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions or your usage of Products, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. This includes but is not limited to data loss, vehicle damage, or accidents. OBD products are tools for diagnostics and should be used responsibly and in accordance with the manufacturer's guidelines.

To the maximum extent permitted by law, our maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the cost of the product purchased by you from us. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Zymbia or its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Products and/or our services.

Return Policy

Within 7 Days - If you wish to return any of the products bought from us, you must return your product within 7 days of the product being delivered. You can raise a return request with us or return it through your own courier partner.

Includes original packaging and product in new condition - Any returned product(s) must be returned in all of their original packaging, and in like-new condition. Zymbia may reject the returned product if there is damage to the product and/or product packaging.

If a product is deemed unfit for return, Zymbia will notify the customer that the return has been rejected and no refund will be issued to the customer.

Refund will be issued within 7-10 days of Zymbia receiving the product in any of the following modes- bank transfer, cash or refund into the card used by the customer at the time of purchase. For more details on refund, please refer to the refund page- https://garagepro.in/policies/refund-policy

Shipping and Delivery

Shipping: We will ship the products to the address you provide during the checkout process. We make no guarantees on the timeline of shipping nor for damages or tampering that may happen in transit.

Delivery: We will make reasonable efforts to deliver products within the estimated delivery time. However, we are not liable for any delays in delivery since our deliveries are done entirely by third party service providers.

For more details, please refer to the shipping page- https://garagepro.in/policies/shipping-policy

Indemnification

You agree to indemnify, save, and hold Zymbia, its affiliates,  employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Zymbia Products and/or Services; (ii) any violation by You of these Terms and conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of your association with us or termination of your usage of Products or services.

Force Majeure

The failure by Zymbia or its affiliates to perform hereunder when caused by or resulting from fire, floods, embargoes, government regulations or administrative action, war, acts of war (whether war be declared or not), insurrections, riots, civil commotions, strikes, lockouts, terrorist acts, epidemic, pandemic, public health emergency, COVID 19 and any lockdown orders thereunder, acts of God beyond the control of Zymbia or its affiliates (any such event, a “Force Majeure Event”), and which is a result thereof, shall not constitute a default or breach under any Terms and conditions.

 

Exclusion of Warranties

Except as otherwise provided under these Terms and conditions, all warranties either expressed or implied, including without limitation, warranties of merchantability, non-infringement and fitness for a particular purpose, are hereby excluded to the fullest extent permissible by law.

You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

In particular, Zymbia, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  • The information or contents provided on the Products and/or Services are accurate, complete and updated;

  • Your use of the Products and/or Services will meet your requirements;

  • Your use of the Products and/or Services will be uninterrupted, timely, secure or free from error;

  • Any information obtained by you as a result of your use of the Products and/or Services will be accurate or reliable; and

  • That defects in the operation or functionality of any Products and/or Services provided to you will be corrected.

Any material downloaded or otherwise obtained through the use of the Products and/or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your vehicle or computer system or mobile phone or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Zymbia or from the use of Products and/or Services shall create any warranty not expressly stated in these Terms and conditions.

Product Compatibility: It is your responsibility to ensure that the Products purchased from us are compatible with your vehicle's make and model. We provide compatibility information to the best of our knowledge, but we do not guarantee compatibility with all vehicles. You are welcome to call, email or message us to get more information about compatibility before buying a product.

Warranty

Duration: We provide a limited warranty for a period of one (1) year from the date of purchase for OBD products sold through our website.

Coverage: This warranty covers manufacturing defects in materials and workmanship that occur during normal use of the product. Manufacturing defects include issues with the product's construction or components that deviate from the intended design.

Exclusions: This warranty does not cover:

  • Electrical Damage: Any damage resulting from electrical malfunctions, power surges, or incorrect voltage usage or usage of any other kind.

  • Physical Damage: Any damage caused by accidents, abuse, misuse, neglect, water damage, or any other physical damage.

  • Modifications: Any damage resulting from attempts to modify, repair, or disassemble the product by unauthorized persons.

Claim Process: To claim warranty service, you must contact our customer support within the warranty period. Proof of purchase is required to initiate a warranty claim.

Repair or Replacement: Zymbia will, at its discretion, replace it with a new or refurbished unit. The replaced product or parts become the property of GaragePro.in.

Shipping Costs: Customers are responsible for the cost of shipping the product to Zymbia for warranty service. Zymbia will cover the cost of shipping the repaired or replacement product back to the customer.

Disclaimer: Except for the express warranties provided herein, Zymbia disclaims all other warranties, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability: Our liability under this warranty is limited to the repair or replacement of the defective product. We are not liable for any incidental or consequential damages, including but not limited to loss of profits, loss of data, or interruption of business.

Usage and Data Collection

Data Usage: Our OBD products may collect vehicle data for diagnostic and performance monitoring. By using our services, you consent to the collection and use of this data as outlined in our Privacy Policy- https://garagepro.in/pages/privacy-policy.

Data Accuracy: While OBD products provide valuable diagnostic information, the data provided should not be the sole basis for vehicle-related decisions. We recommend consulting with a qualified mechanic for accurate diagnostics and repairs. Please note that clearing OBD codes is not the equivalent of repairing a vehicle.

Firmware and Software Updates

Some OBD products may require firmware or software updates for optimal performance. It is your responsibility to regularly check for updates and install them as recommended

Payment gateway

We have partnered with razorpay.com to offer online payment options for our customers whenever you purchase our “Products” and we have partnered with Shopify.com to host our online store for our Products.

Razorpay’s terms & conditions can be read here- https://razorpay.com/terms/

Shopify.com provide us with the platform that allow us to sell our Products to you. Your data is stored through Shopify’s data storage, databases and general application. You may further consult the terms and conditions for usage of Shopify here https://www.shopify.com/legal/terms and their respective privacy policy at https://www.shopify.com/legal/privacy .

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to our service or Products, including any question regarding the existence, validity or termination of these terms & conditions (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, we may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Us may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or the property belonging to You or Zymbia (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of your engagement with Us.

 

Third Party Content

You agree that hot keys, hyperlinks, logos, marks, information may be created/inserted/put on the Site by Zymbia. No compensation of whatsoever nature shall be payable by Zymbia to You.

For Your convenience, the Services may contain products, services, content and information from third party providers (such as advertisers and affiliates) and/or links to their websites ("Third Party Content"). Such Third Party Content is not under the control of Zymbia and Zymbia is not responsible for such content, including, without limitation, any link contained in such Third Party Content, or any changes or updates to such Third Party Content. Zymbia is under no obligation, but does reserve the right in its sole discretion to pre-screen Third Party Content available on the Services. Zymbia is not responsible for, and hereby disclaims all liability for and makes no representations or warranties for any Third Party Content. Such inclusion of Third Party Content is only as a convenience, and the inclusion of such Third Party Content does not imply endorsement by Zymbia of such Third Party Content or the affiliate or advertiser. You may be subjected to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites and agrees to comply with any and all end-user obligations or terms and conditions imposed by the providers of such Third Party Content. Zymbia reserves the right to remove any Third Party Content that does not meet Zymbia's standards/policies/procedures/guidelines, butZymbia is not responsible for any failure or delay in removing such Third Party Content.

Zymbia is not and will not be responsible for (i) the terms and conditions of any transaction between You and any third party, (ii) any insufficiency of, suspension of or problems with any such third party's service, background, insurance, credit or licensing, or (iii) the quality of any Third Party Content provided by any third party or any other legal liability arising out of or related to any Third Party Content. In the event that You have a dispute with any such third party, You agree to release Zymbia (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You agree to expressly authorize Zymbia to send service related transactional SMS messages and outbound calls, even in the case that your contact number is listed as DND with the concerned telecom regulatory authority.

 

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Us must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of your engagement with Us.

If you have any questions or concerns about Terms and conditions, please contact us at fix@carpm.in.

 

 

 

 

 

 

 

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