TERMS AND CONDITIONS
SCOPE OF TERMS AND CONDITIONS
The Terms and conditions ("Terms and conditions") contained hereinafter shall apply to the use or purchase of our devices, websites and apps (“Products”, “Services”), including GaragePro apps (Android & iOS), GaragePro website (https://garagepro.in/, https://garagepro.shop), CaRPM (https://carpm.in/), apps offered by Zymbia on Play Store (https://play.google.com/store/apps/developer?id=CaRPM) including but without limitation to any other mobile application services offered from time to time by Zymbia Interactive Technologies Private Limited (“Zymbia”, “We”, “Our”, “Us”). Any reference to “Users”, “you” or “your” in these Terms and conditions refers to both Visitors and Customers, as the case may be.
Change to the Terms
We may vary or amend or change or update these Terms and conditions, from time to time entirely at our own discretion. You shall be responsible for checking these Terms and conditions from time to time and ensure continued compliance with these Terms and conditions. Your use of Products and/or services after any such amendment or change in the Terms and conditions shall be deemed as your express acceptance to such amended/changed Terms and conditions and you also agree to be bound by such changed/amended Terms and conditions.
Limitation of Liability
Notwithstanding anything to the contrary contained herein, neither we nor our affiliates or our officers, directors, employees shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions or your usage of Products, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 9,000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Zymbia or its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Products and/or our services.
Within 7 Days - You must return your product within 7 days of the product being shipped. Returns must be shipped back to our warehouse within 7 days of receiving your return notification.
Includes original packaging and product in new condition - Any returned product(s) must be returned in all of their original packaging, and in like-new condition. Zymbia may reject the returned product if there is damage to the product and/or product packaging.
If a product is deemed unfit for return, Zymbia will notify the customer that the return has been rejected and no refund will be issued to the customer.
Refund will be issued within 7-10 days of Zymbia receiving the product in any of the following modes- bank transfer, cash or refund into the card used by the customer at the time of purchase.
You agree to indemnify, save, and hold Zymbia, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Zymbia and/or services; (ii) any violation by You of these Terms and conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of your association with us or termination of your usage of Products or services.
The failure by Zymbia or its affiliates to perform hereunder when caused by or resulting from fire, floods, embargoes, government regulations or administrative action, war, acts of war (whether war be declared or not), insurrections, riots, civil commotions, strikes, lockouts, terrorist acts, epidemic, pandemic, public health emergency, COVID 19 and any lockdown orders thereunder, acts of God beyond the control of Zymbia or its affiliates (any such event, a “Force Majeure Event”), and which is a result thereof, shall not constitute a default or breach under any Terms and conditions.
Exclusion of Warranties
Except as otherwise provided under these Terms and conditions, all warranties either expressed or implied, including without limitation, warranties of merchantability, non-infringement and fitness for a particular purpose, are hereby excluded to the fullest extent permissible by law.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.
In particular, Zymbia, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
The information or contents provided on the Products and/or Services are accurate, complete and updated;
Your use of the Products and/or Services will meet your requirements;
Your use of the Products and/or Services will be uninterrupted, timely, secure or free from error;
Any information obtained by you as a result of your use of the Products and/or Services will be accurate or reliable; and
That defects in the operation or functionality of any Products and/or Services provided to you will be corrected.
Any material downloaded or otherwise obtained through the use of the Products and/or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or mobile phone or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Zymbia or from the use of Products and/or Services shall create any warranty not expressly stated in these Terms and conditions.
We have partnered with razorpay.com and paypal.com to offer online payment options for our customers whenever you purchase our “Products” and we have partnered with Shopify.com to host our online store for our Products.
Razorpay’s terms & conditions can be read here- https://razorpay.com/terms/
Paypal’s terms & conditions can be read here- https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full
If any dispute, controversy or claim arises under this Agreement or in relation to our service or Products, including any question regarding the existence, validity or termination of these terms & conditions (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, we may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Us may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or the property belonging to You or Zymbia (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of your engagement with Us.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Us must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of your engagement with Us.
If you have any questions or concerns about Terms and conditions, please contact us at email@example.com.