Privacy Policy

Last Updated as of 23rd March,2024

Introduction

When you utilize Mechanic Now, you entrust us with your personal data. We are committed to upholding that trust by ensuring transparency in our privacy practices.

Astro Mecanico Private Limited (‘Mechanic Now’) adheres to ethical standards in the collection, usage, and safeguarding of any information you provide. This Privacy & Intellectual Property Rights (IPR) Policy ('Policy') governs your interaction with www.mechanicnow.in, including any other websites operated by Mechanic Now ('Website'), as well as associated mobile applications (‘Application’), products, websites, and services managed by the Company. Please note that your usage of our services provided on or through the Platform (“Platform Services”) on or through our Platform is subject to your absolute and unconditional acceptance of the terms and conditions outlined in this Privacy Policy, in conjunction with the Terms of Use provided on the Application and the Website.

Your use of the website, application, or services in connection with the platform or products ('services'), or registrations with us through any means or usage of any products including through sd cards, tablets, or other storage/transmitting devices signifies 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, please refrain from using the platform, our products, or availing any of our services.

This privacy policy has been drafted and published in accordance with the information technology act, 2000 and the applicable rules. this privacy policy constitutes a legal agreement between you, as a user of the platform, and us, as the owner of the platform.

This policy is subject to change, and your continued use of the Company's Services after any modifications constitutes acceptance of those changes. Therefore, we encourage you to review the policy periodically for updates.

Collection of User Information

This Privacy Policy applies to the information that:

The Platform obtains when you register/subscribe to the Services or products. When you register with us, you provide us with the following information: 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 the Website or 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 geographical location, collectively termed as 'Information'. Mechanic Now collects information about you and your use of the Platform and the devices used by you to access the Platform, including 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 timestamps; 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.

Usage of Information

The information collected by us shall be used for availing our Services and utilized for other functions including but not limited to render Services (as defined in the Terms of Service); maintaining the Platform; evaluating the quality and competence of our personnel; resolving any complaints you may have and ensuring that you receive the highest quality of Services; coordinating for order delivery; notifying you about changes to our Platform; sending our system updates on the booked services, detecting, preventing, and addressing technical issues; improving user experience; analyzing trends, conducting research, administering the Platform/Services and products, learning about each user's learning patterns and movements around the Platform/Services and products, and gathering demographic information and usage behavior 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 also collect information about Your usage and activity on Our Platform using certain technologies, such as:

Cookies

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 log in faster, and aggregate 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 also collect information about Your usage and activity on Our Platform using certain technologies, such as:

Alerts

We may alert you by email or phone (through RCS/ SMS/ Phone Call) to inform you about new service offerings or other information that we feel might be useful for you.

Public Forums

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, it 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.

Security:

We are concerned about safeguarding the confidentiality of your Information. We provide physical, electronic, and procedural safeguards to protect the Information we process and maintain. Access to this Information shall be limited to authorized employees only who need to know that information to operate, develop, or improve our Platform/Services/products.

Log information

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.

User communications

When you send an email or other communication to us, we may retain those communications to process your inquiries, respond to your requests, and improve our Services/products.

User Data Retention

The Company may retain the information relating to your device collected for an undefined period, unless otherwise required by law or applicable contract. The Company may retain the information it obtains about you as per the instructions of its customers or partners who provide such information or as required to fulfill our contractual obligations. In case any information is provided by you in participation in a survey, the Company will only retain your personal data for as long as necessary to fulfill the purposes it collected the information for. After the applicable retention period, the Company may retain and use such data in an aggregated format, as necessary for internal analytical purposes, to comply with its legal obligations, resolve disputes (including billing), and enforce agreements. Mechanic Now may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing the user’s safety and security.

Transfer of Information

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. Your consent to this Policy followed by your submission of such Information represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your Information is treated securely and in accordance with this Privacy Policy.

User Rights

You can always choose not to provide the requested information to us; however, it will result in you not availing certain features or the entire of our Services. With respect to Information, you will have the following rights/preferences: access, confirm, and review Information you may have provided; correct Information that may be inaccurate or irrelevant; deletion and erasure of your Information from the publicly available pages of the Platform; receive Information we hold about you in a portable format; 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. In order to exercise these rights, please contact us at the email address communications@mechanicnow.in. 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 the above-mentioned address. If you withdraw/object your consent, our use of your Information before you withdrew/objected shall still be lawful.

Amendments

We may modify or revise the Policy from time to time and shall accordingly notify you of any changes to the Privacy Policy by posting the revised Privacy Policy on the Platform with an updated date of revision. We shall endeavor to review, revise, update, modify, amend, or correct the Policy on a regular and routine basis, especially whenever a significant update is made to the technology employed by us. You must periodically review the Policy for the latest information on our privacy practices. In the event you continue to use the Platform and our Services after any update in the Policy, your use of the Platform shall be subject to such updated policy. Your continued usage of Services posts any amendment would deem to mean that you accept and understand the revised Policy. Further, we retain the right at any time to deny or suspend access to all or any part of the service to anyone who we reasonably believe has violated

User Consent

We believe that every user of our Services/products/Platform must be in a position to provide 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. This Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with Information, you are consenting to our use of the Information in accordance with this Privacy Policy. If you do not agree with this Policy, you may refuse or withdraw your consent at any time or alternatively choose not to provide us with any Information. Under such circumstances, we may be unable to render Services. Such an intimation to withdraw your consent can be sent to communications@mechanicnow.in.

Disclosure to Third Parties:

We will share your information with third parties only in the ways described below in this Policy and use the individual data and behavior patterns combined with personal information to provide you with personalized content. Third parties provide certain services which we may use to analyze Information to personalize, drive insights, and enhance your experience or reach out to you with more value-added applications, products, information, and services. Mechanic Now will not be liable for the privacy practices of such third-party entities and encourages you to carefully read their privacy policies and procedures.

We do not sell, trade, or rent your information to any third party unless necessary to provide you with the services or with your express authorization, either in writing or electronically. At times, we may 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 will not contain any personally identifiable information. Mechanic Now may 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 the investigation of potential violations thereof; when we believe in good faith that disclosure is necessary to protect our rights, your safety or the safety of others, investigate fraud, address security or technical issues, or respond to a government request; with our trusted service providers who work on our behalf, do not have 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/Mechanic Now, its users, or the public, as required or permitted by law; with third-party service providers to personalize the platform/services/products for a better user experience and to conduct behavioral analysis. Information may be shared upon the merger or acquisition of Mechanic Now with another company. In such cases, the information will be transmitted and transferred to the acquiring or merging company. We maintain a strict confidentiality policy regarding the disclosure of confidential information to our employees or other personnel. Confidential information may only be disclosed to those employees or personnel on a need-to-know basis. Any breach of confidential information by employees or personnel within the company is dealt with stringently.

Third-Party Services

We may use your information to send you promotional information about third parties if you inform us that you wish to receive such information. Mechanic Now shall not be responsible for any unauthorized access or disclosure of information due to acts of third parties beyond our reasonable control. We are not liable for any breach of security unless caused by our negligence or willful default.

We utilize support services of third-party platforms and/or companies to direct you to payment gateways when you opt to pay for our services. Your financial information is collected, stored, and retained by such third-party platforms. We and such third-party platforms undertake measures to provide a security level appropriate to the risks of processing your personal information and comply with applicable laws. You are encouraged to review and consent to the Privacy Policy of such third-party platforms to understand how they handle your information.

Once you leave the Platform, we are not responsible for any use, storage, processing, or collection of your information by third-party websites or payment facilitators. These entities and their respective websites/platforms may be governed by their own Privacy Policy and Terms of Service, which are beyond our control.

INTELLECTUAL PROPERTY RIGHTS:

Except as mentioned below, all information, content, material, trademarks, service 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 the proprietary property of Mechanic Now ("Proprietary Information"). The products of Mechanic Now shall include but not be limited to the curated course material designed and published by Mechanic Now and provided to you for delivering the Services. This intellectual property (IP) policy encompasses:

a. 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. Nothing on the Platform or Services shall be deemed to confer a license or any other right, interest, or title to or in any of the intellectual property rights belonging to the Company to you.

b. 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 Mechanic Now. Your personal and non-commercial use of this Platform, products, and/or our Services shall be subjected to the following restrictions.

c. Mechanic Now 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. Certain contents on the Platform may belong to third parties. Such contents have been reproduced after obtaining 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.

d. 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.

e. You will not:

• use our Platform and/or any of our products or Services for any unauthorized commercial purposes of any kind,
• advertise or sell 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
• use the Platform/our products and Services in any way that is unlawful, or harms Mechanic Now or any other person or entity as determined by Mechanic Now.

f. 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, tortuous, defamatory, libelous, vulgar, obscene, childpornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• stalking, intimidating, and/or harassing another and/or inciting others to commit violence;
• transmitting material that encourages anyone to commit a criminal offense, 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;
• making 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;
• impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• posting, transmitting, or making available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancel bots, 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;
• accessing or using 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 interfering with or disrupting the Services or violating any applicable laws related to the access to or use of the Platform/Services/products;
• violating any requirements, procedures, policies, or regulations of networks connected to the Platform/Services/products, or engaging in any activity prohibited by Policy and the terms contained herein;
• disrupting or interfering with the security of, or otherwise causing harm to, the Website/Services/Products, materials, systems resources, or gaining 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.
• 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.
• 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, Mechanic Now 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. Mechanic Now also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither Mechanic Now 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.

Public Posts

• As part of Our Platform Services, you may provide your reviews, feedback, comments, ratings, photos, and other content ("Posts") on the Platform Services. The Company retains an unconditional right to remove and delete any Post or such part of the Post that, in the opinion of the Company, is false, malicious, or misrepresenting. All Posts shall be publicly accessible and visible to all Users of the Platform. You should be careful about revealing any sensitive details about yourself in such Posts.


• Use Caution When Posting Personal Information


• We advise users to exercise caution when posting personal information in their public Posts. While we strive to maintain a safe and respectful community environment, we cannot guarantee the privacy or security of information shared publicly. You should carefully consider the potential risks before disclosing any personal information in these public spaces.


• Company's Rights and Use of Posts


• The Company reserves the right to use and reproduce your Posts for any purpose. Further, we may share your Posts with service providers, businesses, or any other third party. If you delete your Posts from our Platform, copies of such Posts may remain viewable in archived pages, or such Posts may have been copied or stored by other Users of the Platform.


• Moderation and Reporting


• We may moderate Posts to ensure compliance with our community guidelines and terms of service. However, we cannot monitor all user-generated content in real-time. If you encounter any inappropriate or harmful content in Posts, please report it to us immediately so that we can take appropriate action.


• Children's Privacy


• Our public Posts feature is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. If you believe that a child under 18 has provided personal information in their Posts, please contact us immediately so that we can remove such information and take appropriate action.


• Changes to This Section


• We reserve the right to update or modify this section on Public Posts at any time. Any changes will be effective immediately upon posting the updated policy on our website.

Job Applicants:

If your information is submitted to us through our Service when applying for a position with the Company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

• Permissible Age


• i. The Services are not intended for users under the age of 18 (eighteen), unless permitted under applicable local laws (Permissible Age). We do not knowingly collect any personal information from users or market to or solicit information from anyone under the age of 18 and use of our Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.


• ii. If you are under the age of 18 years, then you must use the Services under the supervision of your parent or legal guardian. If we become aware that a person submitting personal information is under the age of 18 years, we will delete the account and any related information as soon as possible.


• Parental Supervision


• Users under the age of 18 must obtain consent from a parent or legal guardian before using our Services. It is the responsibility of parents or legal guardians to supervise the use of our Services by minors and ensure that they comply with our terms and conditions.


• Compliance with Applicable Laws

We comply with all applicable laws and regulations regarding the collection and use of personal information from minors. If you are a parent or legal guardian and believe that your child has provided personal information to us without your consent, please contact us immediately so that we can take appropriate action.

Changes to This Section

We reserve the right to update or modify this section on Permissible Age at any time. Any changes will be effective immediately upon posting the updated policy on our website

Grievance Officer:

You may address any grievances by emailing at Send Email, if you may have in respect of this privacy policy or terms of usage of your Protected Information or other data to him.

CONSEQUENCES OF BREACH & INDEMNIFICATION:

In the event of a 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 Mechanic Now for the losses incurred by Mechanic Now due to the breach of Policy by you.

Mechanic Now 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.

You agree to defend, indemnify and hold harmless Mechanic Now, 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.

In no event shall Mechanic Now, 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.

Entire Agreement:This Policy and any other guidelines made applicable to the Platform/Services from time to time constitute the entire agreement between Mechanic Now and you with respect to your access to or use of the Platform and the Services thereof.

Assignment:: You cannot assign or otherwise transfer your obligations under the Policy or any right granted hereunder to any third party. Mechanic Now rights under the Policy are freely transferable by Mechanic Now 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 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.

Waiver:Any failure by Mechanic Now to enforce or exercise any provision of the Policy, or any related right, shall not constitute a waiver by Mechanic Now of that provision or right. Mechanic Now provides the Policy so that you are aware of the terms that apply to your use of the Platform and Services. You acknowledge that, Mechanic Now has given you a reasonable opportunity to review this Policy and that you have agreed to them.

Dispute Resolution:

This Policy and any obligation arising from 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 Lucknow shall have exclusive jurisdiction over any and all disputes relating to this Policy.

Order of Prevalence:

Subject to applicable laws, the English language version of this Policy will prevail over any other language version issued by us for your benefit.