Terms & Conditions

Astro Mecanico Private Limited, incorporated under the Companies Act, 2013, with its registered office at 4th floor , Green tower near Madhurima, Gomti Nagar, Lucknow, Uttar Pradesh 226010, operating under the trademarked name “Mechanic Now”, provides comprehensive car services including maintenance, repairs, etc. The use and access of our website www.mechanicnow.in (“Website”), and our mobile applications “Mechanic Now - Car Services, Battery & Tyre” (“Applications”), or any products or services in connection with the Application or Website (“Services”) shall be governed by these terms and conditions (“Terms”). The Website and Applications collectively constitute the “Platform”. These terms constitute a legally binding and enforceable agreement between Mechanic Now (“Company” or “we/us/our”) and its Users (“User” or “you/your”) and govern your use of the Platform to browse and/or avail of the Services displayed by us on the Platform. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. If you do not agree to these terms, you may not use or access our Services. These Terms expressly supersede any prior written agreements with you. We request that you carefully read these terms and conditions (“Terms and Conditions” or “Terms”) before accessing the Platform or availing Services (as defined below) using the Platform. The Company reserves the right, in its sole discretion, to change, modify, or amend the Terms for compliance with legal or regulatory requirements and for other legitimate business purposes, at any time. Any such changes will be posted on the domain www.mechanicnow.in/terms. It is your responsibility to review the Terms for any changes, and we encourage you to check them frequently. The Company is not obligated to notify Users of any changes to the Terms and Conditions. Your continued use of the Platform, Content (as defined below), and/or Services after the updated Terms and Conditions have been published will constitute your acceptance of the updated Terms and Conditions. Any reference to Terms and Conditions herein shall refer to the latest version of the Terms and Conditions
No information provided on the Platform shall be considered a substitute for independent investigation. These Terms constitute an electronic record under the Indian Contract Act, 1872; the Information Technology Act, 2000; and relevant rules and amendments. These Terms are generated by a computer system and do not require any digital or electronic signatures.

Definitions

• Content: This encompasses various forms of information or data, including (but not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other types of information.
• Your Content/User Content: Refers to the content that you upload, share, or transmit through or in connection with the Services. This may include likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or have displayed in your account profile.
• Mechanic Now Content: Content that the Company creates and makes available in connection with the Services. This includes visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports, and other usage-related data associated with your account, excluding Your Content.
• Estimated Cost: Refers to the service provider’s approximation of what the Service is likely to cost. The purpose of cost estimation is to predict the quantity, cost, and price of the resources required to complete a job.
• Membership Plan(s): Subscription or other types of membership offers provided by the Company to Users from time to time through online or offline media. The terms, conditions, and prices of such plans will be communicated through the applicable media at the time of issuance of such offers.
• Service(s): Refers to services provided through the Platform, as described in further detail under Clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
• User: Any individual who owns a car (primarily out of the manufacturer warranty period) in urban centers, especially metros, and who desires to avail Services on the Platform. Users are registered on the Platform for this purpose.

SERVICES

1. Description of Services: The services provided constitute a technology platform enabling users of the company’s platform to arrange and schedule repair or maintenance services for their cars with independent third-party providers.
2. Service Providers: Upon submitting a request, users may receive a list of possible service providers along with their experience information.
3. Towing Service: The company also provides towing services to assist users in getting their vehicles out of difficult situations and back on the road, with charges applicable for this service.
4. Third-Party Contractors: It's emphasized that the company does not directly provide repair and maintenance services. Instead, these services are provided by independent third-party contractors who are not employed by the company.
5. Availability and Guarantees: Users are made aware that even after confirming an appointment for service/repair, the company cannot guarantee availability. However, reasonable efforts will be made to connect users with service providers near their location.
6. Cost and Time Estimates: The cost and time period for services/repairs are estimated based on user requests and are approximate in nature.

ELIGIBILITY

1. Age and Competency Representation: You hereby represent and warrant that you are eighteen (18) years of age or older and fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms. You also agree to abide by and comply with the Terms stated therein.
2. Compliance with Laws and Regulations: You confirm that you are in compliance with all laws and regulations in the country in which you reside when accessing and using the Services. You agree to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third parties.
3. Representation for Organizational Use: If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization. Furthermore, you represent that you have the authority to act on behalf of your organization.

SUPPORT

1. Support System Description: The Company offers email and phone call-based support systems, along with an online knowledge pool of FAQs. If you require any assistance or support, you may access support resources or contact our support team by emailing communications@mechanicnow.in or calling our helpline at +91-8127764893 (available Monday to Sunday between 7 am and 9 pm).
2. Complaint Handling: The Company commits to responding to every complaint at the earliest upon receipt during business days. Furthermore, the Company will make the best possible efforts to resolve the complaint within 7 days of receipt. Any suggestions made by the Company regarding the use of the Services shall not be construed as a warranty.
3. User Discontent with Redressal: The User agrees and acknowledges that the Company will address and attempt to resolve complaints received following standard policies and procedures. Disapproval or discontent with the outcome or mode of redressal shall not be deemed as non-redressal of the complaint by the Company. Additionally, any suggestions provided by the Company regarding the use of the Service shall not be construed as a warranty.
4. Car Safety Measures: The Company shall take reasonable care and measures required for the safety of your car while in our possession. In the event that the User’s car is stolen while in the possession of the Company, the Company will take all reasonable measures and extend necessary support to the User for recovering their car. This includes promptly informing the User of the theft occurrence, immediately reporting the theft to the nearest police station, and cooperating with local authorities to recover the vehicle, etc.

PROHIBITED USAGE OF THE PLATFORM

Users are strictly prohibited from engaging in any illegal activities on the Platform, including but not limited to the following acts:

• Violating or attempting to violate the integrity or security of the Platform.
• Transmitting any disruptive or competitive information through the Platform that may hinder the provision of our Services.
• Intentionally submitting incomplete, false, or inaccurate information on the Platform.
• Initiating unsolicited communications with other Users.
• Using any engine, software, tool, agent, or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Platform.
• Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.

Engaging in unlawful activities on the Platform is strictly prohibited under the laws of India.

The Company reserves the right to take action upon obtaining knowledge, either by itself or through written communication or email signed with electronic signature from an affected person, regarding any information that violates the above-mentioned conditions. This includes the disabling of such information found to be in contravention of this Clause 7. Additionally, we reserve the right to retain such information and associated records for at least 90 days for productionto governmental authorities for investigation purposes. In cases of noncompliance with applicable laws, rules, regulations, or the Agreement (including the Privacy Policy) by a User, we reserve the right to immediately terminate access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

We may disclose or transfer User-generated information to our affiliates or governmental authorities in a manner permitted or required by applicable law, and you hereby consent to such transfer by us. In compliance with applicable laws, sensitive personal data or information, including any information, shall only be transferred to any other body corporate or person in India or located in any other country if such transfer is necessary for the performance of a lawful contract between the Company or any person on its behalf and the User, or where the User has consented to data transfer.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Company on or through the Platform, or otherwise in connection with your use of the Platform (collectively, the "Comments"), shall be and remain the property of the Company. By disclosing, submitting, or offering any Comments, you assign to the Company all worldwide rights, titles, and interests, and the Company shall have unlimited use, commercial or otherwise, of any Comments. The Company shall exclusively own all such rights, titles, and interests, and is not obligated (1) to maintain any Comments in confidence; (2) to provide compensation to the User for any Comments; or (3) to respond to any User Comments.

You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, you agree that no Comments submitted by you will be or contain libelous, unlawful, abusive, or obscene material. You are solely responsible for the content of any Comments you make.

Additionally, you agree not to upload, post, email, or transmit any material designed to interrupt, destroy, or limit the functionality of our service on the Platform. We may terminate or restrict your use of our Platform and Services if you violate these Terms or engage in any illegal or fraudulent use of our Platform or Services.

You agree that neither you nor anyone acting on your behalf will publish, post, or issue any defamatory comments or remarks, in writing, orally, or electronically, against the Company, its employees, clients, operations, or services. Any violation of these Terms or intimidation thereof will make you liable to compensate the Company for losses caused. In order to recover damages and losses and prosecute you for illegal defamation, the Company may initiate civil and/or criminal proceedings against you in accordance with the appropriate law.

USER DATA

By using the Platform, you represent and warrant that any information provided by you in connection with your use of the Platform is and shall remain true, accurate, and complete. You also agree to maintain and update such information regularly. Should any information you provide to us be false, inaccurate, outdated, or incomplete, we reserve the right to terminate your use of and access to the Platform.

You acknowledge and agree that the Company, in accordance with its Privacy Policy, may collect and use your information, technical data, and related information for the validation of submitted documents. The Company may also utilize information and data concerning your use of the Services for analytics, trend identification, and statistical purposes to enhance the effectiveness and efficiency of the Platform. Additionally, the Company may transfer such information to its group companies and service providers to facilitate your access to these Services. Your use of the Platform constitutes your consent to such use and sharing of your information.

Subject to applicable laws, the Company may be compelled by law enforcement agencies or government and related bodies to disclose data relating to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.

PLATFORM OWNERSHIP AND INTELLECTUAL PROPERTY

The Platform is independently designed, updated, and maintained by the Company. When accessing the Platform, you do so under a license granted by us. All rights, titles, and interests in the text, graphics, audio, design, and other works on the Platform, along with all intellectual property related thereto, including the domain name, copyrights, the look and feel of the Platform, the trade name and trademarks, patents, and designs, are the sole property of the Company or its licensors. Any third-party trademarks and brand names appearing on the Platform are the property of their respective owners. Content on the Platform is for personal use only, unless otherwise permitted. Any alteration of the material or use of the material contained in the Platform for any commercial purpose constitutes a violation of the intellectual property rights of the Company and/or its affiliates, associates, or third-party information providers. We reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.

You acknowledge and agree that your use of the Platform or availing any Services through or on the Platform does not grant you any right, express or implied, in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.

LICENSE GRANT AND RESTRICTIONS

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, solely in connection with your use of the Services. The Company and its licensors reserve all rights not expressly granted herein.

You are prohibited from using, copying, adapting, modifying, preparing derivative works based upon, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Platform and Services, except as expressly permitted in

the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The Platform and the intellectual property rights vested therein are owned by the Company.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Company does not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that except as expressly stated by the Company, the Services and all products provided or delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties. While we strive to ensure the safety of your access and use of the Platform, we cannot and do not represent or warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.

In no case shall our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.

The Company shall not be liable for any damages, liability, or losses arising out of your use of or reliance on the Services, your inability to access or use the Services, any transaction or relationship between you and any third-party provider, or any delay or failure in performance resulting from causes beyond the Company’s reasonable control.

Company's Limitation of Responsibility and Liability

The User further agrees and confirms that the Company shall not be responsible, in any manner whatsoever, for any delay or unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused directly or indirectly due to the following reasons: the User's failure to cooperate; the User's unavailability and/or unresponsiveness; the User's failure to provide accurate and complete information; the User's failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond the Company’s reasonable control.

Furthermore, the User agrees that the Company shall only be liable to provide assistance and cooperation in the event of theft or accident of vehicles while in the premises of the service partners. The Company shall provide all requisite assistance in a timely manner concerning any insurance claims, reporting to the police, and/or any other formal steps as may be required. However, the Company shall not be liable to compensate the User for its loss unless the same is caused due to an act solely attributable to the Company or due to the gross negligence of the Company (and not the service partner).

Charges and Payment

By using the Services, you acknowledge that you may be subject to charges from a third-party service provider for the services you receive ("Charges"). The Company, acting as a limited payment collection agent for the third-party service provider, will facilitate your payment of the applicable Charges after you have received services through the Service. These Charges will be handled as if you had directly paid the third-party service provider. All Charges will include any applicable taxes unless otherwise specified by law. Unless otherwise stated by the Company, all Charges paid by you are final and non-refundable

The Charges may be updated or changed at any time based on the analysis of the third-party service provider or due to new requests from you. The updated Charges will be communicated to you by the Company, and only upon your approval of the Charges will the services be provided by the third-party service provider.

You acknowledge that the Charges from a third-party service provider must be duly paid, and any default in payment will be considered a breach of these terms. In the event of such default/breach, you shall be liable to pay liquidated damages equivalent to the value of the services. You hereby authorize the Company to deduct or collect the amount payable as liquidated damages through such means as the Company may exercise.

If material changes have been made and there is a default in payment by the User, the Company has the right to retain the vehicle in its possession until payment in full has been made by the User, along with any other applicable costs. If payment of the Charges is not made despite more than 90 days passing since the completion of the services, the Company shall be entitled to recover the same by selling off your vehicle.

You are responsible for payment for towing services provided by the Company as per the Company’s Charges.

Membership Plans

The Company may offer Membership Plans from time to time through its website, app, social, and print media. You can purchase membership through the Platform by adding it to the cart, checking out, and making the payment.

The Company reserves the right to alter, modify, suspend, or discontinue any terms and conditions associated with the Membership Plans, including but not limited to the period, rate, and services included in the membership. Additionally, the Company shall provide you with advance notice of any change in Fees.

Payment Process

Payment for the Services may be processed through third-party internet payment service providers. By purchasing any Services through the Platform, you consent to abide by the applicable terms and conditions and privacy policies of such third-party internet payment service providers. You acknowledge that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. If you find the terms and conditions or privacy policies of such providers unacceptable, please refrain from purchasing Services through the Platform.

The Company is not responsible for the delivery, safety, legality, or any other aspect of transactions or services availed by you through third-party internet payment service providers. Any disruptions or problems encountered during payment or disputes with such providers should be resolved directly with them.

Refund and Cancellation Policy

Once a service is accepted from the Platform, you have no right to request a refund or cancellation. Upon acceptance of the estimated cost by the User and placing an order, you shall not be entitled to cancel such order or seek a refund for the Services provided.

Dispute Resolution

In the event of any dispute or difference between the User and the Company regarding the interpretation of these terms, any claims, or any disputes arising out of or pursuant to these terms, such matters shall be referred to a sole arbitrator appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996. The courts of Lucknow shall have sole jurisdiction over the matter and/or for enforcement, as applicable.

Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. The jurisdiction for any disputes arising under these Terms shall exclusively lie with the courts of Lucknow, India

Severability

If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable by removing that part, the rest of the provision will remain in effect, unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted.

Waiver

Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

The Company provides these Terms to make you aware of the terms that apply to your use of the Platform and Services. You acknowledge that the Company has given you a reasonable opportunity to review these Terms and you have agreed to them.

The Terms and Conditions are personal to you and are not assignable or transferable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without any consent.

All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or 2 days after it is sent, if sent for next-day delivery by a recognized overnight delivery service.

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.

Termination

The Company reserves the right to terminate your usage of the Platform or any Service at any time for any reason, including a breach of the Terms and Conditions. We also have the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and licenses granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

Once temporarily suspended, indefinitely suspended, or terminated, you may not continue to use the Platform under the same account, a different account, or reregister under a new account. Upon termination of an account due to the reasons mentioned herein, the User shall no longer have access to data, messages, and other material kept on the Platform by such User.

You may terminate these terms at any time, for any reason. The obligations and liabilities incurred by the parties prior to the termination date will survive the termination of these Terms. These Terms will remain in effect until either you or we terminate them. If you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, joint venture partners, and each of their respective employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of, or access to, the Services and Platform; your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation, or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

Communication and Feedback

You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback related to the Platform or our Services; obtaining feedback related to any other Users listed on the Platform; or resolving any complaints, information, or queries by other Users regarding your critical Content.

You agree to provide your fullest cooperation in response to such communication by the Company.

By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you, and we are under no obligation to keep such feedback confidential.

Modifications

Mechanic Now reserves the right to modify or update these Terms at any time. Users will be notified of any changes, and continued use of the Platform constitutes acceptance of the modified Terms.

Entire Agreement

These Terms constitute the entire agreement between Users and Mechanic Now regarding the use of the Platform and Services and supersede all prior agreements and understandings.