I. Acceptance of terms
Thank you for using Caramech. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Caramech website at www.caramech.com (the "Site") and any related mobile or software applications ("Caracmech Platform") including but not limited to Service of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
Please read these Terms carefully. By accessing or using the Caramech Platform, you are agreeing to these Terms and concluding a legally binding contract with Caramech FZE LLC. and/ or its affiliates. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Caramech Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Caramech in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that Caramech will treat your use of the Services as acceptance of the Terms from that point onwards.
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'Car Service Centers business page' to manage claimed business listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Caramech Content" means content that Caramech creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Caramech or its users and is available on the Services.
Service Center (s)
"Service Centers" means the car service centers which are listed on Caramech and any related mobile or software applications of Caramech
III. Eligibility to use the services
- You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party (ies).
IV. Changes to the terms
Caramech may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Caramech Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Provision of the services being offered by Caramech
VI. Use of services by you or user
1. Ownership of Caramech Content and Proprietary Rights
2. Representations Regarding Your or User Content
3. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Service Centers reserves the right to delete any images and pictures forming part of User Content, from such Service Center 's listing page at its sole discretion.
4. Third Party Content and Links
5. User Reviews
1. Content Guidelines
- Caramech is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Caramech provides, may require effecting certain changes in it, therefore, Caramech reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if Caramech disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- You acknowledge and agree that while Caramech may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Caramech may set such fixed upper limits at any time, at Caramech’s discretion.
- By using Caramech’s Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Caramech disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Caramech reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Caramech does not guarantee quality of the Parts of services, the prices listed in or the availability of all services listed in the service centers. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by enlisted service centers. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Caramech. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Caramech.
- Caramech reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Caramech Platform anytime in future.
- Caramech may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Caramech Platform terms. Further, Caramech reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if Caramech determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Caramech Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Caramech reserves the right to modify, cancel and discontinue its Program without notice to the User.
- Caramech User Account Including 'Claim Your Business Listing' Access
- You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
- In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Caramech or third parties to incur substantial economic damages and losses for which you may be held liable and accounService Center.
- You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Caramech account for any purpose and that you will be liable for such unauthorized access.
- By creating an account, you agree to receive certain communications in connection with Caramech Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
- In order to connect you to certain Service Centers, we provide value added telephony services through our phone lines, which are displayed on the specific Service Centers listing page on the Caramech Platform, which connect directly to Service Centers' phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the Service Centers (for internal billing tracking purposes and customer service improvement at the service centers' end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Caramech. You explicitly agree and permit Caramech to record all this information when you avail the telephony services through the Caramech provided phone lines on the Caramech Platform.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to use the data owned by Caramech (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Caramech in writing.
- You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Caramech, unless you have been specifically allowed to do so, by way of a separate agreement with Caramech. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Caramech Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Caramech and that you shall not disclose such information without Caramech’s prior written consent.
- You agree to protect Caramech’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Caramech) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Caramech and that you shall not disclose such information without Caramech 's prior written consent. Unless you have agreed otherwise in writing with Caramech, nothing in the Terms gives you a right to use any of Caramech 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Caramech; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Caramech 's Content in whole or in part except as expressly authorized by Caramech.
- To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
- You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
- We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
- We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Caramech is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
- You further acknowledge and agree that Caramech is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
- User reviews or ratings for Service Centers do not reflect the opinion of Caramech. Caramech receives multiple reviews or ratings for Service Centers by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Caramech is the personal opinion of the user/reviewer only. Caramech is a neutral platform, which solely provides a means of communication between users/reviewers including users or Service Centers owners/representatives with access to ServiceCenters business page. The advertisements published on the Caramech Platform are independent of the reviews received by such advertisers.
- We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the Service Centers does not consider to be true, the best option for the Service Centers representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Service Centers believes that any particular user's review violates any of the Caramech ' policies, the Service Centers may write to us at neutrality@Caramech.com and bring such violation to our attention. Caramech may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
- You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
IX. Restrictions on use
- 1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
- Violate our Guidelines and Polices;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defense, security or sovereignty of UAEor of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
- You acknowledge that Caramech has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
- You hereby agree and assure Caramech that the Caramech Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Caramech in any form or manner whatsoever.
X. User feedback
- If you share or send any ideas, suggestions, changes or documents regarding Caramech 's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Caramech is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Caramech may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Caramech and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on Caramech's existing products or marketing strategies; do not include any ideas that Caramech's policy will not permit it to accept or consider.
- Notwithstanding the abovementioned clause, Caramech or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to Caramech or any of its employees.
- The purpose of this policy is to avoid potential misunderstandings or disputes when Caramech's products or marketing strategies might seem similar to ideas submitted to Caramech. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
- Terms of Idea Submission You agree that: (1) your Submissions and their Contents will automatically become the property of Caramech, without any compensation to you; (2) Caramech may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Caramech to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Caramech on the Services are subject to change without specific notice to you. In consideration for Caramech granting you access to and use of the Services, you agree that Caramech may place such advertising on the Services.
- Part of the site may contain advertising information or promotional material or other material submitted to Caramech by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Caramech Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Caramech found on or through the Caramech Platform and or mobile apps, including payment and Serviceof related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Caramech will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Caramech Platform and mobile application.
XII. Additional Terms and Conditions for Users using the various services offered by Caramech:
- ONLINE SERVICE BOOKING:
- Caramech provides online booking services by entering into contractual arrangements with Service Centers on a principal-to-principal basis for the purpose of listing their Vehicle and spare parts for online booking by the Users on the Caramech Platform ("Service Centers Partners"). The Users can access the list of Vehicle and spare parts of the Service Centers Partners listed on the Caramech Platform and place online orders against the Service Centers Partners through Caramech, which the Service Centers Partner may or may not accept in its absolute discretion. Your request to order Vehicle and spare part from a Service Centers Partner by clicking on ‘Place Order’ tab on the Service Centers Partner page on the Caramech Platform shall constitute an unconditional and irrevocable authorization issued in favor of Caramech to place online orders for Vehicle and spare parts against the Service Centers Partners on your behalf. An order, when placed on your behalf by Caramech and accepted by a Service Centers Partner, constitutes a separate contract of sale of goods under the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 or any successor legislations between the Service Centers Partner and the User, to which Caramech is not a party. Caramech is not a manufacturer, seller or distributor of Vehicle or spare parts and merely places an order against the Service Centers Partners on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to Caramech, and facilitates the sale and purchase of Vehicle and spare parts between Users and Service Centers Partners, under the contract for sale and purchase of Vehicle and spare parts between the Users and Service Centers Partners.
- Caramech shall not be liable for any acts or omissions on part of the Service Centers Partner including deficiency in service, wrong Service of order, quality of Service, time taken to prepare or deliver the order, etc.
- You should check the dish you are ordering and read its description, if provided, prior to placing your order. Caramech shall not be liable in the event Vehicle ordered by you does not meet your dietary or any other requirements and/or restrictions.
- While placing an order you shall be required to provide certain details, including without limitation, contact number and Service address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Caramech's terms and privacy policies.
- You or any person instructed by you shall not resell Vehicle purchased via the Caramech Platform.
- The Service of an order placed by you through the Caramech Platform may either be undertaken directly by the Service Centers Partner against who you have placed an order, or facilitated by Caramech through third-party ("Service Centers") who may be available to provide Service services to you (“Service Partners”). In both these cases, Caramech is merely acting as an intermediary between you and the Service Partners, or you and the Service Centers Partners, as the case may be.
- The acceptance by a Service Partner of undertaking Service of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Service Partner, to which Caramech is not a party. It is clarified that Caramech does not provide any Service or logistics services and only enables the Service of Vehicle and spare parts ordered by the Users through the Caramech Platform by connecting the Users with the Service Partners or the Service Centers Partners, as the case may be.
- Where Caramech is facilitating Service of an order placed by you, Caramech shall not be liable for any acts or omissions on part of the Service Partner including deficiency in service, wrong Service of order, time taken to deliver the order, order package tampering, etc.
- You may be charged a Service fee for Service of your order by the Service Partner or the Service Centers Partner, as the Service Partner or the Service Centers Partner may determine ("Service Charges"). You agree that Caramech is authorized to collect, on behalf of the Service Centers Partner or the Service Partner, the Service Charges for the Services provided by the Service Centers Partner or the Service Partner, as the case may be. The Service Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, and demand during peak hours. Caramech will use reasonable efforts to inform you of the Service Charges that may apply to you, provided you will be responsible for Service Charges incurred for your order regardless of your awareness of such Service Charges.
- On Time or Free: You may opt for on-time Service offered by Caramech, for an additional non-refundable cost, at select Service Centers. However You acknowledge that such services are offered by Caramech on a best effort basis, hence should your Order fail to reach you on or prior to the Promise Time, you would be eligible to receive Coupon worth Order Value or up-to INR 200, whichever is lower. You will be required to claim the Coupon within twenty four (24) hours from the time such Order is delivered to You failing which your eligibility to receive the Coupons expire. Further the validity period of the Coupons would be 7 (seven) days from receipt thereof. Notwithstanding anything set out herein above, You shall not be eligible to receive the Coupon if:
- Caramech fails to Service such Order within the Promise Time for unforeseen reasons beyond the control of Caramech eg. strikes, natural disaster, Service Centers inability to provide the Order
- You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such Order including but not limited to adding or changing the items ordered, receiving Service at a location other than the one indicated at the time of placing of the Order etc.
- You indulge in actions intended to delay the Order including but not limited to asking the Service personnel to delay the Order, becoming unresponsive on call etc.
- The order is a bulk Order (as determined by Caramech)
For the purpose of this clause, words capitalized shall have the following meaning:
"Promise Time" shall mean the time period between the Merchant accepting the Order and the Service executive reaching within 100 metre radius from Your location or first barrier point (security guard/reception etc.) whichever is further.
"Coupon" shall mean one- time code generated by Caramech for delay in Promise Time.
- All prices listed on the Caramech Platform are correct at the time of publication, and have been placed as received from the Service Center . While we take great care to keep them up to date, the final price charged to you by the Service Centers may change at the time of delivery. In the event of a conflict between price on the Caramech Platform and price charged by the Service Center , the price charged by the Service Centers shall be deemed to be the correct price except Service Charge of Caramech.
- The total price for Vehicle ordered, including the ServiceCharges and other charges, will be displayed on the Caramech Platform when you place your order, which shall be rounded up to the nearest rupee. Users shall make full payment towards such Vehicle ordered via the Caramech Platform.
- Any amount that may be charged to you by Caramech over and above the order value, shall be inclusive of applicable taxes.
- Service periods/Pickup time quoted at the time of ordering are approximate only, and may vary. When You opt for Pickup, You shall be solely liable to ensure compliance with the conditions governing the Pickup at the time of placing the Order, and Caramech shall not be liable in any manner in this regard.
- Personal Promo code can only be used by You subject to such terms and conditions set forth by Caramech from time to time.
- Caramech Gold For Online Ordering:
- As a member of Caramech Gold in India, you can avail Online Offer (as defined below) on Order placed by You from partnered Service Centers (“Partnered Service Center (s)”). On Order placed by You through the Caramech Platform, You will get a discount of up to INR 300 on the second highest Order value item, if any forming part of such Order.The minimum Order value to avail the Offer is INR 300.
- The number of Partnered Service Center (s) may be modified.
- You may avail the Online Offer only once a day at a given Partnered Service Center.
- You will be required to unlock your Caramech Gold each time you wish to avail the Online Offer on a given Order.
- The Online Offer cannot be clubbed with any other offers or discounts or deals extended by the Partnered Service Centers or Caramech or any other third party.
- The Online Offer is not valid on menu items sold by the Partnered Service Centers at maximum retail price (MRP), combos and special dishes.
- The Online Offer can be availed only for Orders placed for home delivery.
- The Partnered Service Center (s) offering Caramech Gold for home Servicemay differ from Service Centers offering Caramech Gold for dine out.
- You will be responsible to pay the Partnered Service Center (s) all costs and charges payable for all the other items for which you have placed an Order and are not covered under the Online Offer.
- In case, the price of the second highest Order value item, if any forming part of the Order exceeds the Offer limit, You will be required to pay for such differential amount.
- Caramech reserves the right to add exclusion days to Caramech Gold on Online Ordering at its discretion which will be communicated from time to time.
- The term of your Caramech Gold membership shall be subject to the membership plan opted by You.
Exclusion Days for India
- Cancellation and refund policy:
- You acknowledge that your cancellation, or attempted or purported cancellation of an Order shall amount to breach of your unconditional and irrevocable authorization in favour of Caramech to place that Order against the Service Centers Partners on your behalf ("Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Caramech to deduct or collect the amount payable as liquidated damages through such means as Caramech may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
- In the event You have provided incorrect particulars, e.g., contact number, Service address etc., or that You were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds.
- No replacement / refund / or any other resolution will be provided without Service Center ’s permission.
- Any complaint, with respect to the Order which shall include instances but not be limited to Vehicle spillage, foreign object in Service, Service of the wrong order, You will be required to share the proof of the same before any resolution can be provided.
- You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Service Centers on a best-efforts basis.
- All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
2. Loyalty Program:
For UAE only
- Eligibility: To become eligible for Caramech’s loyalty program ("Piggybank"), you must be a Subscribed User of the Caramech Platform. A “Subscribed User or "You" or "Your” for the purpose of this clause means a user who has subscribed to Caramech Platform by creating an account on the Caramech Platform using his/her email or any other mode as made available on the Caramech Platform.
- Loyalty Points: You will earn reward points equivalent to 10% of the Order value (“Coins”) for every Order made through the Caramech Platform.
- Accumulated Coins, may be utilized by You for availing discount upto 5 – 7% % of order value (rounded down) less taxes, on any future Order on the Caramech Platform at any participating Service Centers.
- You can utilize the accumulated Coins only through your account and cannot pool Coins from different accounts
- You cannot sell or transfer your Coins to anyone.
- Your Coins will expire when you delete your Caramech account or Caramech withdraws Piggybank.
- Every time, You place an Order from the Service Centers participating in Piggybank, Caramech shall contribute INR 1(Rupees One Only) to a charity Services in India.
- Caramech reserves the right to withdraw Piggybank at any time and/or modify the terms and conditions for Piggybank, without any prior intimation to You. In case Caramech withdraws Piggybank, the Coins accumulated in Your account shall lapse and You will be unable to utilize it.
3. BOOK SERVICE/ SLOT RESERVATIONS:
- The user can make a request for booking a Service Center at a Service Center, offering Service Center reservation via the Caramech Platform and related mobile or software application and such booking will be confirmed to a user by email, short message service ("SMS") and/or by any other means of communication only after the Service Centers accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a Service Center reservation. While using the Caramech Book Service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Caramech's terms and privacy policies and agree to receive booking confirmations by email SMS and/or by any other means of communication after booking a Service Center through the Caramech Book Service. User further agrees not to make more than one reservation for user's personal use for the same mealtime.
- Fees: Caramech may charge booking fee ("Booking Fee") from the user upon availing the Caramech Book Service. This Booking Fee shall be adjusted by the Service Centers against the total bill for the items consumed by the user at such Service Center . Any balance amount remaining to be paid after deduction of the Booking Fee from the Service Centers bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the Service Centers from which payment has been made for identification purposes.
- Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the Service Center . Caramech will use its best endeavors to keep the user informed of the status of the booking. For bookings where Booking Fee is not applicable, the user may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the user is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Caramech shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, Caramech reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above.
- Late Arrivals: Caramech advises the users to arrive 10 minutes in advance of the scheduled booking time. The Service Centers reserves the right to cancel your booking and allocate the Service Center to other guests in case of late arrivals and Caramech shall in no manner be liable for such cancellation initiated by the Service Center . Caramech hereby reserves its right to retain the Booking Fee paid by the users, in the event the user is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the Service Center.
- Dispute: In the event the Service Centers fails to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with Caramech within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Caramech will make reasonable efforts to verify the facts of such complaint/ dispute with the Service Centers and may at its sole discretion initiate the refund of the Booking Fee to such user.
- Additional Request: In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the Service Centers by Caramech and confirmed to the user basis Service Center 's response. While Caramech will take all the care to ensure timely communication of these requests to both the user and the Service Center , the liability to fulfill the request lies solely with the Service Centers and Caramech shall in no manner be liable if the Service Centers does not honor any of the confirmed additional requests of the users.
- Call Recording: Caramech may contact via telephone, SMS or other electronic messaging or by email with information about your Caramech Book Service or any feedback thereon. Any calls that may be made by Caramech, by itself or through a third party, to the users or the Service Centers pertaining to any booking requests of a user may be recorded for internal training and quality purposes by Caramech or any third party appointed by Caramech.
- Liability Limitation: Notwithstanding anything otherwise set out herein, Caramech shall in no manner be liable in any way for any in-person interactions with the Service Centers as a result of the booking or for the User's experience at the Service Centers or in the event a Service Centers does not honor a confirmed booking. Caramech is only a platform connecting users to the Service Centers and shall not be liable for any acts or omissions on part of the Service Centers including deficiency in service, quality of Service, time taken to serve or any other experience of the user.
C. CARAMECH GOLD:
- Caramech Gold Program Caramech Gold is a membership based program available in select countries which allows its members to avail benefits offered under (i) Caramech Gold Offers and (ii) Caramech Gold Specials (both defined below)by a host of Service Centers partnered with Caramech ("Partner Service Centers").
- Caramech Gold Membership:
- As a member of Caramech Gold, You will be entitled to avail (i) Caramech Gold Offers and (ii) Caramech Gold Specials (both defined below) at Partner based on and subject to the membership plan purchased by You via the Caramech Platform read along with these Terms.
- Your Caramech Gold membership can only be used on a single device only. You are not permitted to access or avail benefits Caramech Gold member on multiple devices even when you sign in using your email address registered with Caramech.
- Benefits under Caramech Gold Offer and Caramech Gold Specials
- can not be clubbed during the same visit;
- can be availed only once in a given day;
- require the availing member to be present at the Partner Service Center
- can be redeemed at Partner Service Centers only and the list of such Partner Service Centers may be updated by Caramech periodically at its discretion;
- can not be exchanged for cash;
- not valid on take away; and
- can only be availed in the country and city where Caramech Gold membership has been purchased, other than in UAE where such benefits can be availed in all the cities within India.
- Caramech Gold Specials:
- Subject to the terms and conditions set out herein, Caramech Gold Specials allows Caramech Gold members to avail a Discount on the Bill Value when they the pay the Bill Value via the Caramech Platform. For the purpose of Caramech Gold, “Bill Value” shall mean the total amount set out in the bill for Vehicle and spare parts availed by the member at the Partner Service Centers, and shall include applicable taxes, service charge and other charges as may be applicable and “Discount” shall mean a percentage of discount offered by the Partnered Service Centers on the Bill Value.
- The Discount shall will be extended only if the Caramech Gold Member makes payment towards the Bill Value via the Caramech Platform.
- Upon fulfilment of payment of the Bill Value via the Caramech Platform, You will be required to show the payment confirmation to the Partner Service Center .
- Discount can be availed on once in a day and cannot be clubbed with any other offers or discounts or deals extended by Partner Service Centers or by Caramech or any other third party, including Caramech Gold Offers.
- The Discount extended by the Merchant shall be valid irrespective of the number of people seated on the Service Center.
- Update: The Partner Service Centers may change from time to time and the members are advised to keep a check on the updated list of Partner Service Centers from time to time at Caramech’s Platform.
- Fees: In order to avail Caramech Gold, members are required to pay a membership fee which shall be based on the membership plan opted by such member.
- Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Caramech Platform. Your access to Caramech Gold shall be subject to receipt of successful payments by Caramech. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Caramech shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Caramech.
- Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.
- Renewal and Cancellation: The membership is non-transferable and non-refundable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Caramech Platform. In the event you do not wish to renew the membership, you can cancel the membership at any time prior to the expiry of your membership plan. Upon cancellation of your membership, your membership plan will not be auto-renewed and you can continue to access Caramech Gold Offer(s) and Caramech Gold Specials in your cancelled membership plan until the expiry of the validity period. To cancel your membership, you are required to go to your Caramech Gold plan on Account page on the Caramech Platform and cancel your membership. Caramech reserves the right to cancel any members’ Caramech Gold membership at any time and refund his/her membership fee.
- Caramech reserves the right to terminate / suspend Your membership to the Caramech Gold, if Caramech determines in its sole discretion that (i) You have violated the terms of Caramech Gold set out herein, (ii) have been involved in activities that are in contravention of the Caramech Gold terms and/or any terms for the usage of Caramech Platform; or (iii) have engaged in activities which are fraudulent / unlawful in nature while availing any of Services of Caramech.
- Exclusion Days: Caramech Gold can be used any day of the week during the opening hours of the Partner Service Centers except on Exclusion Days which can be found here. Exclusion period applies from start of operational hours for the day up till 6am of the following day. In addition the Exclusion Days mentioned herein Caramech shall not be extended by Partner Service Centers on the days prohibited by law. Members are advised to make prior enquiry with the Partner Service Centers to confirm whether the Caramech Gold can be redeemed.
- Disclaimer: The liability to extend the benefits under Caramech Gold rests solely with the Partner Service Centers and Caramech shall in no manner be liable if the Partner Service Centers does not honour the benefits under Caramech Gold. The Partner Service Centers reserves the right to refuse service to anyone in accordance with its policies. However, in the event the Partner Service Centers refuses to honour Caramech Gold in accordance with these Terms, please reach us via chat support on the Caramech app or write to us at gold@Caramech.com and we shall use our best endeavour to assist you.
- The User acknowledges that Caramech bears no responsibility for the compliance with statutory rules, regulations and licenses by Partner Service Center . The user agrees that Caramech shall not be liable in any manner if the User is unable to avail the benefits under Caramech Gold with a Partner Service Centers due to the Partner Service Center ’s violation of any statutory rule, regulation and license.
- Liability Limitation: Notwithstanding anything otherwise set out herein, Caramech shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Service Centers or for the member’s experience at the Partner Service Center . Caramech shall in no manner be liable to the member if any outlet of Partner Service Centers temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Caramech’s aggregate liability for any or all claims arising from or in connection with your use of Caramech Gold shall be limited to the membership fee paid by you at the time of purchasing the membership.
- Call Recording (For Caramech Gold members in UAE only): Caramech may contact Caramech Gold members via telephone, SMS or other electronic messaging or by email with information about your Caramech Gold experience or any feedback thereon. Any calls that may be made by Caramech, by itself or through a third party, to the Members or the Service Centers pertaining to the experience of a user may be recorded for internal training and quality purposes by Caramech or any third party appointed by Caramech.
- Assignment: Caramech may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
- Contact Us: You may contact us support@Caramech.com for any further queries with regard to these Terms and Caramech Gold.
5. CARAMECH TREATS:
- Caramech Treats is a membership based program available to select countries which allows its members to avail the Caramech Treats Offer(s) (as defined below) offered by a host of Service Centers which have partnered with Caramech ("Partner Service Centers").
- Membership: Upon subscribing to Caramech Treats, you will be entitled to get a pre-determined free dessert or beverage item with every meal you order online via Caramech Platform from Partner Service Centers ("Caramech Treats Offer"). The Caramech Treats Offer (i) cannot be availed independently and shall be valid only along with every meal you order online using the Caramech Platform from Partner Service Centers; (ii) can be redeemed only in accordance to your membership plan; and (iii) is not exchangeable for cash. You will be liable to pay the Partner Service Centers all costs and charges payable for all the other items ordered via the Caramech Platform.
- Update: The Partner Service Centers may change from time to time and the members are advised to keep a check on the updated list of Partner Service Centers from time to time at Caramech's Platform.
- Fees: In order to avail Caramech Treats, you are required to pay a membership fee which shall be based on the membership plan opted by such member. The fee chargeable for the membership plan shall be predetermined and may be revised by Caramech at its sole discretion, from time to time.
- Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Caramech Platform. Your access to Caramech Treats shall be subject to receipt of successful payments by Caramech. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Caramech shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Caramech.
- Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.
- Renewal and Cancellation: The membership is non-transferable and non-refundable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Caramech Platform. In the event you do not wish to renew the membership, you can cancel the membership at any time prior to the expiry of your membership plan. Upon cancellation of any renewal, your membership plan will not be auto-renewed, and you may continue to avail the unutilized Caramech Treats Offer as per your membership plan until the expiry of the validity period of such membership plan. To cancel your membership, you are required to go to your Caramech Treats Plan on Account page on the Caramech Platform and cancel your membership.
- Disclaimer: The liability to fulfill the Caramech Treats Offer rests solely with the Partner Service Centers and Caramech shall in no manner be liable if the Partner Service Centers does not honour any of the Caramech Treats Offer(s) or in the event dessert or beverage item ordered under the Caramech Treats Offer is not available at the Partner Service Centers. However, in the event the Partner Service Centers refuses to honour the Caramech Treats Offer(s) in accordance with these Terms, please reach us at order@Caramech.com and we shall use our best endeavour to assist you.
- Liability Limitation: Caramech shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Service Centers or if any outlet of Partner Service Centers temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Caramech's aggregate liability for any or all claims arising from or in connection with your use of Caramech Treats membership plan shall be limited to the membership fee paid by you at the time of purchasing such membership.
- Assignment: Caramech may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
- Contact Us: You may contact us at order@Caramech.com for any further queries with regard to these Terms and Caramech Treats.
XIII. Disclaimer of warranties, limitation of liability, and Indemnification
- 1. Disclaimer of Warranties YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARAMECH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("CARAMECH PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CARAMECH PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE CARAMECH PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARAMECH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY CARAMECH, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
You agree to indemnify, defend, and hold harmless the Caramech Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. 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 and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XIV. Termination of your access to the services
- You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.
- We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XV. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
- Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
- Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Caramech and you shall have no authority to bind Caramech in any form or manner, whatsoever.
- Governing Law/Waiver:
- For Users residing in the United States: These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Caramech must be resolved exclusively by a state or federal court located in the Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and Caramech.
- For Users residing outside the United States: These Terms shall be governed by the laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
- Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
- Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVI. Notice of copyright infringement and grievance redressal mechanism
Caramech shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Caramech Platform, or items advertised on the Caramech Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
- Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature;
Send the written communication to:
For Users residing in the UAE:
Villa A-059-91 - Ajman Frimengo,
Caramech FZE, LLC.
Email address: support@Caramech.com