SERVICE AGREEMENT

This Agreement lays down the terms of Services, agreed upon by Carzfixup and the User. Whether stated explicitly in the Agreement or not, Carzfixup and the User have the duty of confidence and trust and agree to make only lawful and reasonable demands on each other.

This Agreement is a standard Agreement that Registered Users will enter with Carzfixup for complete transparency, disclosure, and maximization of the Service experience.

This Service Agreement (this “Agreement”) is made and entered into on the date of acceptance of Service terms between Users and Carzfixup.

BY AND BETWEEN

Carzfixup, a Company (“Carzfixup”) operating Website (“Carzfixup.com”) (hereinafter referred to as “Carzfixup,” which expression shall, unless it is repugnant to the context, mean and include its legal heirs, successors, administrators, and assigns or anyone claiming through or under it); OF FIRST PART

AND

Registered Users, which includes Customers who are taking Company Services for car repair and maintenance through the Platform owned and operated by the Company (hereinafter collectively referred to as the “User,” which expression shall, unless it is repugnant to the context, mean and include their legal heirs, successors, administrators, and assigns or anyone claiming through or under them); OF SECOND PART

‘Carzfixup’ and ‘User’ are hereinafter collectively referred to as “Parties” and individually as a “Party.”

WHEREAS:

1. Carzfixup is engaged in operating the Platform, which provides repair and maintenance services for cars, including but not limited to restoration, repair, pickup & drop, and custom services.

2. The User is a Registered User of the Platform who is desirous of availing of Services provided by the Platform.

3. The Parties have decided to enter into this Agreement to carry on the business mentioned above.

4. The Parties have decided to reduce the terms and conditions of their Services into writing as per the terms and conditions appearing hereinafter.

NOW THIS SERVICE AGREEMENT HEREBY WITNESSETH AND THE PARTIES HERETO HEREBY MUTUALLY AGREE AS FOLLOWS:

INTERPRETATIONS:

Except where the context requires otherwise, this Agreement will be interpreted as follows:

1. Headings used in this Agreement are for convenience only and do not affect the construction or interpretation of any provision of this Agreement.

2. Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings.

3. Words in the singular include the plural, and words in the plural include the singular.

4. A reference to one gender includes a reference to the other gender.

5. All warranties, representations, agreements, and obligations expressed to be given or entered into by more than one Party are given or entered into jointly and severally by the Party concerned.

6. References to writing include any mode of reproducing words in a legible and non-transitory form.

PURPOSE OF THE AGREEMENT:

The Parties are entering into this Agreement to describe the terms and conditions under which the Platform shall provide Services through the Company’s Independent Contractors (not employees), who would be registered with the Company and will provide the Services described on the Platform. The Company, however, is not responsible for any theft, injury, destruction, malpractice, or misdemeanour committed by Independent Contractors outside the purview of such Services.

SCOPE OF SERVICES:

The Company, through the Platform, shall provide a link for the User and Independent Contractors to engage and present a wide set of car repair and maintenance solutions, with the engagement of Independent Contractors based on the problem (issue) stated by the User to provide effective and efficient Services.

COMMENCEMENT:

The Parties hereby agree that the Agreement shall come into force upon the Registration/use of the User on/of the Platform and enrollment for Services.

TERM AND TERMINATION:

1. This Agreement will remain effective until the User’s desired Services are completed by the Independent Contractor, as availed through the Platform.

2. The User shall have the right and responsibility to update their information to the Company in total before availing Services. All information provided by the User shall be deemed completely true. Any loss caused by the concealment of information shall be treated as a loss to the Company, and the User shall be liable to compensate for such losses.

3. Services described in this Agreement may be updated; however, any changes in the terms and conditions of the Agreement shall be communicated as an update on the Platform.

4. The Agreement may be terminated by the Company upon bankruptcy, insolvency, legal implications, criminal prosecution, unsoundness of mind, or the death of the User or for any other reason based on the Company’s discretion.

5. The Company reserves the right to terminate the User’s registration if the Parties, including Independent Contractors and Users, enter into an internal agreement for current or future services, bypassing the terms of this Agreement.

PAYMENT MODEL:

1. The Platform operates on an inbuilt payment model of INR 199 to be charged as inspection fees, payable upon inspection by the Independent Contractors who will be providing the requisite Services to Users. The Platform does not recognize any payment or communication made outside the Platform.

2. After a thorough inspection of the vehicle by the Company’s Independent Contractor, an estimated quote will be provided to the User. Upon acknowledgement, the Services will commence.

3. Any additional services, for which Partners and the Customer enter into an internal relationship, shall not be accepted by the Company. No responsibility for vehicle damage, Service warranty, part warranty, or disputes between the User and the Independent Contractor shall fall upon the Company.

4. The Company accepts payments both online and upon service/delivery of the vehicle.

5. The Company reserves the right to hold or refuse delivery of the vehicle in case of non-payment or payment failure by the User.

CANCELLATION AND REFUNDS OF SERVICES:

1. Cancellation requests shall not be entertained once the assigned Independent Contractor confirms the User’s booking or moves to the User’s allocated address for completion of Services.

2. If the User decides to cancel at this stage, they will still be liable to pay the fixed inspection fees of INR 199.

3. New bookings may be scheduled via the mobile app if an existing booking cannot be cancelled.

4. If an Independent Contractor cancels the visit to the User’s allocated location, the Company will provide a replacement within 6 hours via the Customer Support team, reachable at support@carzfixup.com.

5. The User will not be liable for any charges if Services are cancelled by the Independent Contractor.

REFUND POLICY:

1. The Company currently does not provide a refundable Service. However, upon a valid request for Service dissatisfaction, due to undesired Service or other issues (to be ascertained by the Company), the Company shall provide corrective Service free of charge. This excludes cases where the User changes their mind after Services are provided.

2. Users may write to support@carzfixup.com to report dissatisfaction and request corrective Services within 24 hours of Service completion. Services may not be scheduled after 7 days, provided the initial intimation was given within 24 hours.

REFUNDS OTHER THAN DISSATISFACTION

Refunds shall be instituted by the Company in the following cases:

1. The user’s card/bank is charged multiple times during payment.

2. An amount is deducted even when the transaction has failed; any excess shall be refunded.

To initiate refunds as mentioned above, the User must write to customer support at support@carzfixup.com, providing a written intimation of such a refund request, along with the payment transaction number and the original payment receipt. Once the Company acknowledges the request, the amount deducted in excess shall be returned to the User.

Refunds shall:

Be processed to the original payment method.

Take 5-7 business days to be reflected in the original payment method.

BILLING CHARGES

1. Users shall pay a visiting/inspection charge of INR 199, even if the Services are ultimately refused by the User.

2. Users shall be liable to pay towing charges as per the Company’s rates.

LIMITATION OF ROLES AND RESPONSIBILITY OF COMPANY AND PLATFORM

The Platform enables various Users to access desired Services at competitive prices. However, the Company and Platform do not assume liability beyond the roles specified. The User agrees to the following:

1. All booked and completed Services are final. No refund is provided based on any claimed deficiency of Services without valid rationale, and any dissatisfaction should be raised with the Company per clause 7.

2. Upon completion of Services, the User shall pay the agreed Service fees to the Company.

3. The Company or Platform is not responsible for any internal arrangements or mutual agreements between the User and an Independent Contractor. Any disputes of this nature will not be entertained.

4. The Company shall provide five reminders to the User after Services have been provided by the Independent Contractor. If the User does not collect their vehicle, the Company shall not be liable for any vehicle damage or missing parts after three months from the first reminder date.

5. The Company is not responsible for any documents stored in the vehicle, including but not limited to DL, RC, PUC, insurance, etc. It is the User’s responsibility to collect these documents before Services.

6. The Company shall not be liable for belongings stored in the vehicle’s storage compartments.

7. In cases where new parts are unavailable, the Company may install used parts, provided the User has been informed.

8. Users may cancel Services at any time by notifying the Company and the Independent Contractor. The vehicle will be released upon payment of any delivery costs, the cost of parts installed, and Service charges.

9. The Company provides an estimated timeline for Service completion; however, repair and delivery time may vary due to the type of repair, inventory, part availability, or any force majeure situation.

WAIVING OFF COMPANY’S RESPONSIBILITY

The Company shall not be liable for any cancellation, refund, or compensation in the following cases:

1. The Company strives to provide honest Services to its Users; however, claims of replacing original vehicle parts with duplicates or substituting spare parts will not be entertained.

2. The vehicle shall be delivered to the User’s designated location. The Company is not responsible for claims of non-delivery.

3. The vehicle shall be delivered only to the User or a person designated by the User. Claims regarding delivery to the wrong person will not be entertained.

4. The Company shall not be responsible for any traffic violations or challans incurred by the vehicle.

5. The Company is not liable for any road accidents or mishaps involving the vehicle.

6. Only agreed and estimated repairs will be performed by the Independent Contractor; therefore, no claims will be entertained for any other deteriorated vehicle condition.

7. The Company does not accept responsibility for the vehicle’s performance post-service. Any valid claims will be addressed as per clause 7.

RESOLUTION CENTER

The Company shall provide a dedicated Resolution Center for its Users. Any disputes should be reported to the Company within 24 hours of the dispute. The Company shall not be liable for any resolution if the issue falls outside the Platform’s Business model or for any additional Services taken by the User without prior notification to the Company. Users may contact the resolution centre at support@carzfixup.com.

NOTICES

All notices (including termination or breach notices) must be in English, in writing, and addressed to the other Party’s representative. Correspondence between the Parties will occur via email/messages as specified below:

If addressed to Company: support@carzfixup.com

If addressed to User: Notices shall be sent to the User’s registered email.

Notices shall be deemed validly given on the next Business Day after transmission with confirmed receipt if sent electronically.

NON-COMPETE

1. Upon execution of this Agreement, the User agrees not to enter into any agreements, associations, joint ventures, or other entities directly or indirectly related to businesses competing with the Company.

2. Both Parties agree to refrain from such arrangements with the Company’s competitors.

3. These restrictions in sub-clauses (a) and (b) shall remain effective for four (4) years.

CONFIDENTIALITY

Disclosure of confidential information shall only be permissible when legally compelled or ordered. Parties will promptly notify each other, allowing for an opportunity to contest the order unless legally prohibited.

The confidentiality prohibition will not apply if:

The information is publicly available without the fault of the recipient.
Disclosure is made in confidence to a professional advisor for advice or assistance related to obligations or rights.

INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless the Company against all reasonable and direct losses, claims, damages, liabilities, penalties, judgments, costs, and expenses (including legal costs) arising from or relating to a breach of any representations, warranties, covenants, or assurances by the User.

The Company shall not be liable for indemnification beyond its Cancellation and Refund Policy as outlined in clause 7.

ARBITRATION

Any disputes arising from or related to this Agreement may be submitted to arbitration in Haryana, India. The proceedings and award shall be conducted in English. Arbitration costs shall be split equally, with recovery possible by the prevailing Party.

RESERVATION OF RIGHTS

No Party’s tolerance, indulgence, or relaxation in enforcing any provision shall affect their right to require full performance of that provision. Waiver of any breach will not be construed as a waiver of any future breaches.

CUMULATIVE RIGHTS

All remedies available to either Party under this Agreement are cumulative and may be enforced successively or concurrently.

PARTIAL INVALIDITY

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement remains in effect, and each provision will be enforceable to the fullest extent allowed by law.

VARIATIONS

This Agreement may only be varied through an updated version on the Platform, and the User may communicate with the Company regarding updates.

GOVERNING LAW AND JURISDICTION

Any disputes related to this Agreement’s validity, interpretation, or implementation shall be governed by Indian law. This Agreement is subject to the jurisdiction of the courts in Faridabad, Haryana, India.

ENTIRE AGREEMENT:

This Agreement constitutes the entire Agreement between the Parties concerning the Scope of Services referred to under this Agreement and supersedes all previous agreements, representations, and understandings, whether expressed or implied. It may only be modified in writing and signed by the duly authorized representatives of each Party.

Termination of Service Warranty Agreement for Abusive Language and Legal Action

This Agreement, referred to as the “Abusive Language and Legal Action Clause,” outlines the terms and conditions governing the use of language by the customer, hereinafter referred to as the “Customer,” and the rights and actions of Carzfixup, hereinafter referred to as the “Company.” By availing themselves of Carzfixup’s services and accepting the terms herein, the Customer explicitly acknowledges and agrees to the following conditions:

1. Prohibited Language and Conduct: The Customer shall refrain from using abusive, offensive, or derogatory language in their communication with Company representatives. This prohibition includes but is not limited to abusive language used in phone calls, messages, emails, or in-person interactions.

2. Termination of Service Warranty: If the Customer breaches the prohibition against abusive language and behaves inconsistently with respectful and professional communication, the Company reserves the right to terminate the Service Warranty Agreement. Such termination is at the Company’s discretion and does not exempt the Customer from their contractual obligations or liabilities.

3. Legal Action: If the Customer’s conduct involves abusive language or behaviour that is illegal or in violation of applicable laws, the Company reserves the right to take legal action against the Customer as per the relevant legal provisions. Legal action may encompass pursuing civil or criminal charges as appropriate.

4. Recovery of Costs: The Customer shall be responsible for any costs incurred by the Company, including legal fees and damages, resulting from legal action necessitated by the Customer’s conduct.

5. Notice of Termination: In the event of termination of the Service Warranty Agreement based on abusive language or behaviour, the Company shall provide the Customer with written notice of such termination. The notice shall specify the grounds for termination and the effective date of termination.

This Agreement constitutes the comprehensive and exclusive statement of the understanding between the Customer and Carzfixup concerning the use of language and the consequences of abusive behaviour. Any amendments to this Agreement shall be valid only if documented in writing and signed by both parties.

By accepting these terms, the Customer demonstrates their comprehension of the Abusive Language and Legal Action Clause and their accord with the stipulated conditions. The Company, reciprocally, remains committed to providing its services within a respectful and professional framework, and any violation of this framework may result in the actions described herein.

Delivery Terms and Conditions

This Delivery Terms and Conditions Agreement (“Agreement”) governs the terms and conditions of vehicle delivery and addresses the responsibilities of Carzfixup, hereinafter referred to as the “Company,” and the customer, hereinafter referred to as the “Customer.” By engaging with Carzfixup’s services and accepting the terms herein, the Customer acknowledges and agrees to the following conditions:

1. Vehicle Delivery Attempts: The Company will make multiple attempts to deliver the vehicle to the Customer as agreed upon. This includes contacting the Customer via the provided contact information. In the event of a “no show” or non-responsiveness from the Customer after repeated attempts, the following provisions will be enforced.

2. Parking Charges: In the case of a “no show” or non-responsiveness, Carzfixup reserves the right to impose parking charges at a rate of ₹50 per day on the Customer. These charges will accrue daily from the date of the first delivery attempt.

3. Storage Period: After one month of “no show” or non-responsiveness, the Company will consider the vehicle abandoned. At this point, the Company will initiate the process of submitting the vehicle to the local police station as per legal requirements.

4. Responsibilities Upon Police Submission: When the vehicle is submitted to the police station, the Customer is responsible for claiming the vehicle from the police station and complying with any legal obligations and documentation requirements as specified by the authorities.

5. Invoice and Charges: In addition to the parking charges incurred, the Customer will be responsible for settling the full invoice amount, which includes but is not limited to parking charges, transportation charges, and maintenance charges.

6. Legal Recourse: In the event of non-compliance with these terms, the Company reserves the right to pursue legal actions to recover any outstanding charges, including but not limited to taking legal action to retrieve unpaid fees.

This Agreement represents the complete and exclusive statement of the understanding between the Customer and Carzfixup concerning vehicle delivery terms. Any amendments to this Agreement shall be valid only if documented in writing and signed by both parties.

By accepting these terms, the Customer demonstrates their comprehension of the Delivery Terms and Conditions Agreement and their accord with the stipulated delivery conditions. The Company, reciprocally, is committed to ensuring a seamless and efficient service experience.

Service Warranty Terms and Conditions

Carzfixup is committed to providing you with top-quality service and standing by our work. We offer a service warranty period for vehicle repairs completed by our authorized centres, ensuring the quality and reliability of the services we provide. Please note that this warranty comes into effect from the date of service completion, as specified by Carzfixup.

It is important to be aware that if you choose to have your vehicle repaired at a local repair shop or in an OEM-authorized centre during Carzfixup’s service warranty period, Carzfixup will not be able to address any complaints or warranty claims related to the service provided by these establishments. We strongly recommend that, in the case of any service-related issues or warranty claims, you contact Carzfixup’s customer support team first. You can reach us at 8059591010 or via email at support@carzfixup.com. This allows us to provide you with the best possible service and address any concerns promptly.

We understand that there may be exceptions and unique situations where accessing our authorized centres is not possible. In such cases, we will evaluate warranty claims on an individual basis. By utilizing Carzfixup’s services and accepting these terms and conditions, you acknowledge and agree to adhere to these warranty conditions, ultimately ensuring the continued quality and reliability of your vehicle’s service. Your satisfaction is our priority, and we are here to assist you.

ASSIGNMENT:

This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors of the parties hereto, but neither Party hereto shall assign or transfer its rights and liabilities hereunder to any other Party without the prior written permission of the other Party.

IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED ON THE DAY, MONTH, AND YEAR ABOVE WRITTEN ON THE DATE OF REGISTRATION OR AVAILING OF SERVICES.