YOUR USE OF THE WEBSITE, APPLICATION, OR SERVICES IN CONNECTION WITH THE PLATFORM OR PRODUCTS ('SERVICES'), OR REGISTRATIONS WITH US THROUGH ANY MODES OR USAGE OF ANY PRODUCTS INCLUDING THROUGH SD CARDS, TABLETS OR OTHER STORAGE/TRANSMITTING DEVICE SHALL SIGNIFY YOUR ACCEPTANCE OF THIS POLICY AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, DO NOT USE THE PLATFORM, OUR PRODUCTS OR AVAIL ANY OF OUR SERVICES.
1.1.The Platform obtains the information you provide when you register/subscribe for the Services or products. When you register with us, you provide us the following information [inter alia]:
your name, age, email address, location, phone number;
transaction-related information, such as when you make purchases, respond to any offers, or download or use Applications from us;
information you provide us when you contact us for help;
information you enter into our system when using the Application/Services/products.
the information obtained through GPS or other means, such as the geographical location collectively, ‘Information’.
1.2.GoMechanic collects information about you and your use of the Platform, and the devices used by you to access the Platform including inter alia:
Your activity on the platform, which would include your search history, your search inputs, pages viewed on the Platform, statistics on page views and the URLs with time stamps;
Device information including your IP address; and
Identifiers such as browser setting type, operating system, network information and device type settings including but not limited to crash reports, system activity, the date, time and referral URL of your request.
1.3.In case any individual under the age of 18 years of age is utilizing the Platform, such usage will be undertaken only with the strict supervision and approval of a parent or a legal guardian or any other person having parental responsibility over the child, and GoMechanic will not be responsible for the same at any time and in any manner whatsoever.
2.1.The Information collected by us shall be used for availing our Services and utilised for other functions including but not limited to:
to render Services (as defined in the Terms of Service); maintaining the Platform;
to evaluate the quality and competence of our personnel;
to resolve any complaints, you may have and ensure that you receive the highest quality of Services;
to coordinate for order delivery;
notifying you about changes to our Platform;
sending out system updates on the booked services,
detecting, preventing and addressing technical issues;
improve user experience; to analyse trends, to conduct research, to administer the Platform/Services and products, to learn about each user's learning patterns and movements around the Platform/Services and products and to gather demographic information and usage behaviour about our user base as a whole. Aggregated and individual, anonymized and non-anonymized data may periodically be transmitted to external service providers to help us improve the Platform, products and our Services. We will share your information with third parties only in the ways that are described below in this Policy.
to use the individual data and behavior patterns combined with personal information to provide you with personalized content.
2.2.Third parties provide certain services which we may use to analyze Information to personalize, drive insights and help us better your experience or reach out to you with more value added applications, products, information and Services. GoMechanic will not be liable for the privacy practices of such third-party entities, and encourages you to carefully read the privacy policies and procedures of such third-parties.
2.3.We do not sell, trade or rent your Information to any third party unless, save and except in order to provide you with the Services or we have been expressly authorized by you either in writing or electronically to do so. We may at times provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of your personally identifiable information. GoMechanic will occasionally send email notices or contact you to communicate about our Services, products and benefits, as they are considered an essential part of the Services/products you have chosen. We may disclose Information:
as required by law, such as to comply with a subpoena, or similar legal process;
to enforce applicable terms, including investigation of potential violations thereof;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the Information we disclose to them, and have agreed to adhere to the terms set forth in this Policy;
to protect against imminent harm to the rights, property or safety of the Platform/ GoMechanic or its users or the public as required or permitted by law;
with third party service providers in order to personalize the Platform/Services/products for a better user experience and to perform behavioural analysis;
We may share Information upon merger or acquisition of GoMechanic with another company. We shall transmit and transfer the Information upon acquisition or merger of GoMechanic with another company.
We follow a strict confidentiality policy with regard to disclosure of confidential information to our employees or other personnel. There may be situations, where we may disclose the confidential information only to those of our employees and other personnel on a need to know basis. Any breach of confidential information by the employees, personnel within the Company is dealt with stringently by us.
3.1.Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
3.2.Your consent to this Policy followed by your submission of such Information represents your agreement to that transfer.
4.1.You can always choose not to provide the requested information to us, it will however result in you not availing certain features if, or the entire, of our Services.
4.2.With respect to Information you will have the following rights/preferences:
4.3.access, confirm, and review Information you may have provided;
4.4.correct Information that may be inaccurate or irrelevant;
4.5.deletion and erasure of your Information from the publicly available pages of the Platform;
4.6.receive Information we hold about you in a portable format;
4.7.object to or restrict any form of processing you may not be comfortable with, however this will result in discontinuation of your use of the Services.
4.8.In order to exercise these rights, please contact us on the email address email@example.com
If you want to withdraw your consent or raise any objection to the use of your Information for receiving any direct marketing information to which you previously opted-in, you can do so by contacting our customer support at above mentioned addresses. If you withdraw/object your consent, our use of your Information before you withdrew/objected shall still be lawful.
5.1.We may use your Information to send you promotional Information about third parties which, we think you may find interesting, if you tell us that you wish this to happen. We shall not be responsible for any disclosure of Information due to unauthorized third-party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default.
We send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve our offerings, such as providing more content in areas of greater interest to a majority of users. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some of our features and services may not function properly if your cookies are disabled.
We may alert you by email or phone (through sms/call) to inform you about new service offerings or other information which we feel might be useful for you.
When you use certain features on our Platform like the discussion forums and you post or share your personal information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal Information in your profile or when posting on our forums this information may become publicly available.
We are concerned about safeguarding the confidentiality of your Information. We provide physical, electronic, and procedural safeguards to protect Information we process and maintain. Access to this Information shall be limited to authorized employees only who need to know that information in order to operate, develop or improve our Platform/Services/products.
Currently, we plan to retain user Information while an account is active and for at least three years afterward. We may alter this practice according to legal and business requirements. For example, we may lengthen the retention period for some data if needed to comply with law or voluntary codes of conduct. Unless otherwise prohibited, we may shorten the retention period for some types of data if needed to free up storage space. We will delete Information based on a request received from you within a reasonable period and latest within ninety days of receiving a deletion request. However, we may retain such portion of Information and for such periods as may be required under applicable law. Notwithstanding anything contained herein, GoMechanic may retain data after account deletion for reasons including but limited to the following purposes: if there is an unresolved issue relating to your account, or an unresolved claim or dispute; if we are required to by applicable law; and/or in aggregated and/or anonymized form; or GoMechanic may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing the user’s safety and security.
When you access our Platform, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, internet protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
When you send an email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services/products.
14.1.We believe that every user of our Services/products/Platform must be in a position to provide an informed consent prior to providing any Information required for the use of the Services/products/Platform. By registering with the Platform, you are expressly consenting to our collection, processing, storing, disclosing and handling of your Information as set forth in this Policy now and as amended by us. Processing, your Information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India.
14.3.Such an intimation to withdraw your consent can be sent to firstname.lastname@example.org
In case of any discrepancy or grievance with respect to all or any Information shared with Company, please feel free to contact our Grievance Officer:
II. INTELLECTUAL PROPERTY RIGHTS:
1.Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained on the Platform, Services and products are proprietary property of GoMechanic(“Proprietary Information”). The products of the GoMechanic shall include but shall not be limited to the curated courses material designed and published by the GoMechanic and provided to you for delivering the Services to you.
2.No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on the Platform or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to you.
3.GoMechanic shall at all times retain full and complete title to the information, content or materials and all Proprietary Information provided by the Company on any medium.
4.Certain contents on the Platform may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
5.Your use of our products, Platform and Services is solely for your personal use. Any use of the Platform, Services or products or their contents other than for personal purposes is prohibited. Your use of our Platform or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of GoMechanic. Your personal and non-commercial use of this Platform, products and / or our Services shall be subjected to the following restrictions.
6.You may not decompile, reverse engineer, or disassemble the contents of the Products/ Platform / Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website /Services/Products.
7.You will not (a) use our Platform and/or any of our product/s or Service/s for any unauthorized commercial purposes of any kind, or (b) advertise or sell the any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platform/our products and Services in any way that is unlawful, or harms GoMechanic or any other person or entity as determined by GoMechanic.
8.No User shall be permitted to perform any of the following prohibited activities while availing our Services:
Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Interfering with any other person's use or enjoyment of the Platform/Services;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
Make available any content or material that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
Access or use the Platform/Services/Products in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Website is hosted;
Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Platform/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Platform/Services/products, or engage in any activity prohibited by Policy and the terms contained herein;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/Products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform/Services/Products or any affiliated or linked sites;
Interfere with, or inhibit any user from using and enjoying access to the Platform/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform/Services/products;
Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform/Services/products, to access, acquire, copy or monitor any portion of the Platform/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform/Services/products;
Alter or modify any part of the Services;
Use the Services for purposes that are not permitted by: (i) the Policy; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
Violate any of the terms specified under the Terms for the use of the Platform/Services/products.
9.By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with this Policy and the terms contained herein. If you delete your user account your Material and name may remain available through the Services.
10.In the preparation of the Platform/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, GoMechanic disclaims any responsibility for any errors and accuracy of the information that may be contained on the Platform. Any feedback from you is most welcome to make the contents thereof error free and user friendly. GoMechanic also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither GoMechanic nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Platform/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by applicable law.
III. CONSEQUENCES OF BREACH & INDEMNIFICATION:
1.In the event of breach of the Policy, you shall be liable to pay liquidated damages along with costs of recovery of the damages to the Company. You shall be further liable to compensate GoMechanic for the losses incurred by GoMechanic due to the breach of Policy by you.
2.GoMechanic shall be entitled to immediately suspend/terminate the Services being provided to you if any of the terms of the Policy is breached by you.
3.You agree to defend, indemnify and hold harmless GoMechanic, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from breach of any of the terms of the Policy.
4.In no event shall GoMechanic, its officers, directors, employees, partners or agents 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 or any other claim arising out, of or in connection with, your use of, or access to the Platform.
IV. General Provisions:
1.Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to legal@GoMechanic.com.
2.Entire Agreement: This Policy and any other guidelines made applicable to the Platform/Services from time to time, constitute the entire agreement between GoMechanic and you with respect to your access to or use of the Platform and the Services thereof.
3.Assignment: You cannot assign or otherwise transfer your obligations under the Policy, or any right granted hereunder to any third party. GoMechanic’s rights under the Policy are freely transferable by GoMechanic to any third parties without the requirement of seeking your consent.
4.Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, 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 Policy shall continue in full force and effect.
5.Waiver: Any failure by GoMechanic to enforce or exercise any provision of the Policy, or any related right, shall not constitute a waiver by GoMechanic of that provision or right.
6.GoMechanic provides the Policy so that you are aware of the terms that apply to your use of the Platform and Services. You acknowledge that, GoMechanic has given you a reasonable opportunity to review this Policy and that you have agreed to them.
7.Dispute Resolution: This Policy, and any obligation arising of and in connection with this Policy shall be governed by the laws of the Republic of India. Any dispute or difference relating to any of the matters set out in this Policy and the courts of New Delhi shall have exclusive jurisdiction over any and all disputes relating to this Policy.