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Terms and Conditions

 

This Terms of Use was last updated on 01st July 2017.

 

SwapGear functions and manages the Services (as defined below) provided by it from its Corporate Office in Connaught Place, New Delhi and these Terms of Use has been made by SAS & Co., a partnership firm

 

PLEAS READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

 

The Terms and Conditions and the Privacy Policy on the SwapGear App and/or Website ("Terms") constitute a legal & binding agreement between the “User” and SwapGear. SwapGear retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable.

For the purpose of Terms and conditions, wherever it is required, “You” or “User” shall mean any legal person above the age of 18 years who has agreed to use the services of SwapGear by providing his/her personal data and registering on the Website. The term “we”, “us”, or “our” shall mean SAS&Co.

 

By accessing this Website or using our services, you are agreeing to these laid out Terms and conditions and unconditionally accepting our terms. Your use of the services is at your own risk and after understanding all the risks may you place your order for services us.

 

 

Registering with SwapGear:

 

You are required to register yourself on the website and provide information such as Name, Address, Mobile No., Email ID and password as chosen by you. You can also register through Facebook and other social media options listed on the website elsewhere. By accessing such third-party websites, you are hereby authorizing us to collect any/all information provided in those websites.

You undoubtedly recognize and agree that you and not SwapGear will be held liable for any loss or damage etc. caused by an unauthorized use of your Account. You are required to remember the password to open your User account and to keep it safe at all times.

 

Your Use of the SwapGear Service is subject to all applicable laws in India and regulations wherever applicable. The User is not allowed to make changes/decode/copy/publish/display any proprietary information available on the SwapGear website/ App.

 

 

Booking of Service:

 

For booking of any service from the SwapGear website, you agree to provide accurate information for the purposes of completion of provision of service by SwapGear personnel. Any service booked from the Website/ App is for you use only and not for another person in the capacity of an agent. Confirmation of booking shall be made through SMS, EMail and other means available. If there is any cancellation or service cannot be provided at any time by us, necessary confirmation shall be provided through SMS, Call or E-Mail. The User shall comprehend and recognize that in unforeseeable events or Force Majeure events, SwapGear may not be able to reach and/or communicate with you about the non-availability of the scheduled service.

 

 

Price and Payment Mechanism:

 

All tariffs shown on the SwapGear Website/App for services listed therein are correct at the time of display. Such prices are subject to change according to the diagnosis of the mechanic. SwapGear reserves the right to alter the pricing of the services and to delete and remove them if needed.

Prices for parts that may need to replace during the time of service shall be communicated before the start of the scheduled service and the necessary payment for the same shall be made prior to the start of the scheduled service. Full payment for the all items listed in the final invoice has to be made by the User. Payment has to be made in cash or, if available on the Website/App, by online payment including through credit card, debit card, net banking or wallet. The user shall ensure that online payment is made through secured channels and you yourself acknowledge that risks associated with online payments such as phishing, fraud, identity theft, pagejacking, Merchant identity fraud etc shall be borne by yourself. Any additional charges that are incurred during online payments shall be levied on the User and the same has to be paid.

 

Service:

 

Time for service/ arrival of mechanic quoted at the time of ordering is approximate only and may vary. Services will be given at the address as agreed while making booking request.

Swapgear shall strive to provide service on time, but in case of a late service, no charges will either be voided or refunded by SwapGear

All risk in the service shall pass to you upon availing the service though SwapGear.

If you are not ready to accept delivery of the service at the agreed time, then all necessary associated costs, such as personnel costs, storage costs, insurance costs etc. shall be your responsibility and you agree to indemnify SwapGear against such costs in full. Any accident that occurs while provision of service by SwapGear to you, shall be borne by the insurance company that has insured your bike/scooter/two wheeler. Hence you hereby acknowledge and agree that you shall avail SwapGear services only if you have valid insurance for your vehicle, and SwapGear assumes in good faith that if you are availing our service, then you have the desired insurance for your vehicle.

SwapGear shall not be held responsible for loss of any personal belongings during the course of servicing, hence you are requested to take out your personal belongings before handing over the bike to us.

You are to report any issues related to your vehicle service within 7 days of service completion. After the 7day period, any issue reported will be treated as separate request and will be charged as per the price prevailing at that time.

All spare parts, accessories used in the service carry manufacturer's warranty.

 

 

Cancellation and Rescheduling Policy:


You must inform us at once if you decide to cancel your booking, through the Website/App or by phone. Cantillation fee may or may not apply and final decision rests with the Swapgear management regarding levy of cancellation fee. Hence you hereby acknowledge and agree that cancellation fee may be levied in case of cancellation of any booked service from your end. In cases of addresses being incomplete or inaccurate, SwapGear reserves the right to cancel such orders automatically. If SwapGear has any reason to believe that the customer has violated the terms of the service listed in this document, we reserve the right to cancel the customer’s order without any prior notice to the customer.

 

 

Force Majeure:

 

Without limiting the above Terms, we shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

 

 

Indemnification:

By accepting these Terms and using our Services, You agree that You shall defend, indemnify and hold Swapgear, their vendors, and each of their officers, directors, employees, other users, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any of our vendors (c) Your use or misuse of the Application or Service.

 

 

Applicable Laws:

 

These terms contain the agreements reached between SwapGear and the User. Terms and your use of our services is governed by the applicable laws of India and regulations made therein under such laws. For the purposes of all legal or equitable actions, you agree to the jurisdiction of Ghaziabad Sessions Court and you will not object to such jurisdiction on the grounds of distance or any other ground whatsoever.

 

 

Disclaimer:

 

SwapGear reserves the right to make continuous improvement to any Service or the website/ app. In no instance will SwapGear be liable for any harm or damage arising from loss of data or profits due to the use of the Website/ App or our Services.

 

All rights, not otherwise mentioned under these Terms, are hereby reserved.