between KRSV Innovative Auto Solutions Private Limited (hereinafter referred to as or “Company” or “We” or “Our” or “Us”,
operates under the brand name “Koovers”) and the users/ registrants (“You” or “Your” or “Yourself” or “User”)
of the website [insert domain name] and mobile application owned and operated by the Company, collectively referred to as,
“the Platform”, describes how We handle Your personal information, how You can become member of Koovers car club (unregistered)
and avail the benefits of Your membership. Please note that usage of Our Offerings (as defined herein below)
on/through Our Platform is subject to Your absolute and unconditional
acceptance of the terms and conditions of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING ON THE PLATFORM AND
USING OUR OFFERINGS AND BY CLICKING THE "I ACCEPT" BUTTON YOU AGREE TO ENTER INTO THIS AGREEMENT ON THIS DATE
("Effective Date") WITH US UNDER THE TERMS AND CONDITIONS SET FORTH HEREINBELOW AND YOU WILL RECEIVE
AUTO CONFIRMATION EMAIL ACKNOWLEDGEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "NO" BUTTON FOR A REFUND.
1. User Information & Usage
For accessing and using Our Offerings, You may be required to provide certain information
which also includes personal information such as name, postal address, vehicle information,
credit/debit card details, email, passwords, contact number, survey responses, feedback, etc.
All information, disclosed by You shall be deemed to be disclosed willingly and without any coercion.
No liability pertaining to the authenticity/misrepresentation/fraud/negligence, etc. of the information
disclosed shall lie on the Company nor
will the Company in any way be responsible to verify any information obtained from You
You agree and acknowledge that all information gathered from You are with
Your consent which may be used by the Company for the following purposes:
- to provide, maintain, develop, protect and improve Our Offerings, manage Your account, etc;
conditions and policies;
- for internal purposes such as auditing, data analysis and research relating to Our Platform or Offerings;
- for promotion and marketing purposes; and
- for sharing such information with any third party, in the course of and part of providing Our Offerings.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
2. Collection of Information & Storage
The Company shall collect information from You, during but not limited to the following stages:
- When You subscribe/register for any of Our Offerings;
- When You use Our Platform; and
- When You make any payments to become member and avail benefits of Our Offerings.
When You visit Our Platform, some information is automatically collected.
For example, We may automatically collect Your location, computer operating system,
Internet Protocol (IP) address, access times and the browser type and language.
We also collect information about Your usage and activity on Our Platform using certain technologies.
All information gathered by the Company shall be stored on servers, log files and any other storage
system owned by the Company or by third parties.
Additionally, information may be stored on the Company's computers, hard drives, hard copies, etc.
3. Disclosure to Third Parties
We shall be at liberty to disclose Your information or part thereof to the service provider with
whom You has chosen to avail Offerings using the Platform. We may also share with the registered service provider
summary reports of Your feedback. We may share personal information with affiliates,
third-party vendors, consultants, partners and other service providers who have tied up with Us to provide services.
The Company may disclose Your personal information, to the extent necessary
(i) to comply with laws and to respond to lawful requests and legal process,
(ii) to protect the rights and property of the Company, Our Users, and others, including to enforce Our agreements and policies, and
(iii) in an emergency to protect the personal safety of the Company, the Users, or any person.
In such an event the Company is in no manner responsible for informing You or seeking Your prior approval.
The Company may disclose or transfer Your personal information to a third party if We sell,
transfer, divest, or disclose all or a portion of Our business or assets to another company in
connection with or during negotiation of any merger,
financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
The Company shall take reasonable steps designed to protect Your personal information in an effort to prevent loss,
misuse, unauthorized access, disclosure, alteration, and destruction.
5. User Discretion
You may opt out of receiving promotional emails from the Company by following the instructions in those emails.
If You opt out, We may still send You non-promotional emails, such as emails about Your account.
recourse to You or any requirement of notice of the same to You.
PART B – GENERAL TERMS RELATING TO OUR OFFERINGS
Through the Platform, We provide following offerings (collectively, "Offerings")
in consideration for the payment You have made.
- Free roadside towing;
- 1 lakh insurance coverage (which will commence and be applicable from the 1st of the
subsequent month for a period of 1 year);
- 10% discount on accessories;
- Discounts on car services;
- Partner discounts;
We may, at Our discretion, add, modify or remove any of the Offerings listed above from time to time.
8. User Account, Password, and Security
In order to become member and avail the Offerings, You will have to register on the Platform and
created an account ("Account"). If you are using the Platform on a compatible mobile or tablet,
you will have to install the application and then proceed with registration. You agree to provide details about yourself,
including your automotive services offerings, prices, location, working hours and contact details.
- You shall ensure that the Account information provided by You is complete,
accurate and up-to-date. You shall promptly update any change in the Account information provided by You
at the time of registration. If You provide any information that is untrue, inaccurate, not current or incomplete
(or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate
Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion.
- You will be responsible for maintaining the confidentiality of the Account information,
and are fully responsible for all activities that occur under Your Account. You agree to
(a) immediately notify the Company of any unauthorized use of Your Account Information or any other breach of security,
and (b) ensure that You exit from Your Account at the end of each session.
Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
You may be held liable for losses incurred by Company or any
other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of
Your failure in keeping Your Account information secure and confidential.
- Use of another user's Account information for availing the Services is expressly prohibited.
- At the time of registration, You are required to make payments of INR 1,000( Rupees one thousand only)
on the Platform which is per annum or the amount specified therein as on the date of registration and becoming the member.
may use certain third-party vendors and service providers to process payments and manage payment card information.
- In order to make payments online to the Company, You undertake to use a valid payment card provided by a financial institution
that is recommended by the Company. By providing payment card information, You represent, warrant, and covenant that:
(1) You are legally authorized to provide such information;
(2) You are legally authorized to perform payments from the payment card account; and
(3) such action does not violate the terms and conditions applicable to your use of such payment card account or applicable law.
- The Company or authorized third party shall mail a payment receipt to your registered email address,
on completion of a transaction using the payment services. You may print and save copies of these receipts.
- The amount indicated on the Platform for the Offering shall not include additional
services found to be required at the time of availing any other the service.
10. Offering Disclaimers
- The Company is not responsible, and has no liability for completeness of its
Offerings as Company is only facilitating these Offerings thought the common Platform.
- For all of the Offerings, Company has only tied up with third parties,We as only the facilitator and
Company disclaims any responsibility or
liability on any of its Offerings and You shall not be deemed as a third party beneficiary.
- All requests for Offerings placed by You using the Platform shall be forward to respective third
parties of service providers by the Company and You shall be informed of the same.
- As part of the Offerings, the Company shall make available free roadside towing service
available only for the registered car in the Platform in the event of breakdowns within 15 kms radius
from Minerva Circle, Kailasipalayam, Bangalore, Karnataka("Jurisdiction") and
the Company shall not accept not liable for any damages or
claims for loss or damage to vehicle during towing or repair services provided by the respective third parties.
- As part of the Offerings, Accidental Death Insurance coverage will be available
only for registered person in the Platform to the maximum of One (1) lakh insurance coverage which will be applicable
from the 1st day of of the subsequent month of Your registration and for a period of 1 year. For the greater clarity,
for this Offering, Company is only tied up collectively with third party general insurance company,
not individually for members and coverage and disbursement is subject to the terms and conditions specified in the policy.
The Company is not responsible, and has no liability for completeness of its Offerings as
Company is only facilitating the Offerings thought the third party service provider.
- As part of the Offerings, the Company offers 10% discount on accessories and
spares for listed vehicles in the Platform thorough Company's partners and the Company shall not be responsible,
and has no liability for any issues or defects in the accessories or spares purchases with Company's partners.
- To enable its Offerings, the Company has developed and established network of vehicle service
& repair centers and garages across the region wherein You can avail the discount on car services through these centers.
The Company is not responsible,
and has no liability for any issues or defects in the spares, service or repair done through these third service & repair centers
- As part of the Offerings, the Company has and from time to time
may tie up with other partners for food and shopping discounts in general and Company disclaims any responsible
or liability for any products or transactions between You and such third party partners.
11. Eligibility to Use and Term
- The Offerings are not available to minors under the age of eighteen (18)
or to any Users suspended or removed by the Company for any reason whatsoever.
If You do not conform to the above qualification, You shall not be permitted to avail of the Offerings or
use the Platform.
You represent that You are of legal age to form a binding contract under the applicable laws.
- The Company reserves the right to refuse access to the Offerings or the Platform to new Users or to
terminate access granted to existing Users at any time without according any reasons for doing so.
- You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally,
You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
- The Offering is valid for 1 year and all the benefits will be provided free for the 1st year
of registration and becoming member.
12. User Obligations
limited privilege to access and use the Platform and the Offerings provided therein.
- You agree to use the Offerings provided therein only for purposes that are
permitted herein and in compliance with applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree that You are solely responsible to Company and to any third party for any breach of
Your obligations under this Agreement and
for the consequences (including any loss or damage which Company or its affiliates may suffer) for any such breach.
- You agree that Company may, at any time, modify or discontinue all or
part of the Offerings, charge, or offer opportunities to some or all Platform Users.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE PLATFORM AND OFFERINGS AND OTHER SERVICES THROUGH THIRD PARTIES ARE
PROVIDED BY COMPANY ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF
OUR OFFERINGS THROUGH THE PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
14. Indemnification and Limitation of Liability
- You agree to hold Company harmless against any claims made by any third party due to,
or arising out of, or in connection with, Your use of the Platform or Offerings , Your violation of the terms of this
Agreement or Your violation of any rights of another, including any intellectual property rights.
- In no event shall Company, its officers, directors, consultants, agents and employees,
be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or
whether or not Company has been advised of the possibility of such damages, arising out of or in connection with
Your use of or access to the Platform or Offerings and in all events, Our aggregate, cumulative liability for
any and all claims, damages, fines, penalties, deficiencies, losses, liabilities
(including interest, court costs, reasonable fees, settlements and judgments) and
expenses arising in connection with this Agreement, if any, shall be limited to direct
damages which shall be limited to the fees actually received by Us for such disputed issue giving rise to
the applicable claim.
- The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.
You agree that Company may, in its sole discretion and without prior notice, terminate
Your access to the Platform for cause and block
Your future access to the Platform if Company determines that You have violated terms of this Agreement.
- The term of this Agreement will continue for initial one(1) year or until terminated by either
You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by
(i) not accessing the Platform; and (ii) closing Your Account on the Platform and no refund will be made,
in full or partial by the Company to You.
of this Agreement or any other terms, conditions, or policies of the Company or such third parties that may be applicable
to You from time to time
(or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
17. Governing Law
- This Agreement and all transactions entered into on or through the Platform
and the relationship between You and Company shall be
governed in accordance with the laws of India without reference to conflict of laws principles.
- You agree that all claims, differences and disputes arising under or
in connection with or in relation the Offerings and Agreement or any transactions entered into on or
through the Platform or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at
Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
Company and terms and conditions if this Agreement in respect of the Platform and Offerings.
- You hereby expressly agree to receive communications
by way of SMS, e-mails from Company relating to Services provided through the Platform.
- A User can unsubscribe/ opt-out from receiving communications
from Company through SMS and e-mail anytime by visiting [http://club.Koovers.in].
- 10% discount on accessories;
20. General Provisions
- Notice: All notices of Company will be served by email or by general notification on the Platform. Any notice provided to
- Assignment: You cannot assign or otherwise transfer this Agreement, or any rights granted
here under to any third party. Company's rights and obligations under this Agreement
are freely transferable or assignable by Company to any third parties without the requirement of seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction
finds any provision of this Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties
as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect.
- Waiver: Any failure by Company to enforce or exercise any provision of this Agreement,
or any related right, shall not constitute a waiver by Company of that provision or right.
- Company's nonperformance of its obligations under
this Agreement will be excused if such nonperformance results from
(a) Your failure to perform any of the responsibilities and obligations,
(b) to provide required resources, approvals, or authorization in a timely manner,
(c) any of Your party fails to perform obligations, (d) any act performed or omitted by the
Company at Your specific request, or (e) reasons beyond the control of the Company (including Force Majeure Events).