MilesMech, a brand registered under the Companies Act, 2013, with its registered office located at Purulia House, B - 404, Chittaranjan Park, New Delhi - 110019, India, operates under the trademark “MilesMech” and offers comprehensive car services such as maintenance and repair. The usage and access of our website www.milesmech.com (“Website”), and our mobile applications “MilesMech - Car Services, Battery & Tyre” (“Applications”), as well as any related products or services (“Services”), are subject to these terms and conditions (“Terms”). The Website and Applications are collectively referred to as the “Platform”.
These Terms establish a legally binding agreement between MilesMech (“Company/we/us/our”) and its Users (“User/you/your”), governing your use of the Platform to browse and/or utilize the Services provided on the Platform. By accessing and using our Services, you agree to be bound by these Terms, forming a contractual relationship between you and the Company. If you do not agree to the Terms, you may not use or access our Services. These Terms explicitly replace any previous written agreements with you. The Company advises Users to read these Terms and Conditions (“Terms and Conditions” or “Terms”) carefully before accessing the Platform or using the Services.
The Company reserves the right to change, modify, or amend the Terms at its sole discretion to comply with legal or regulatory requirements and for other legitimate business reasons at any time. The amended Terms will be posted on www.milesmech.com/terms-and-conditions.html It is your responsibility to review the Terms for any updates, and you are encouraged to check them regularly. The Company is not obligated to inform Users of changes to the Terms and Conditions. Your continued use of the Platform, Content (as defined below), and/or Services after the updated Terms have been published indicates your acceptance of the updated Terms and Conditions. Any reference to Terms and Conditions here will refer to the most recent version.
No information provided on the Platform should be considered a substitute for your independent investigation. These Terms are collectively an electronic record in accordance with the Indian Contract Act, 1872; the Information Technology Act, 2000, and the rules thereunder; as well as the amended provisions related to electronic records in various statutes as amended by the Information Technology Act, 2000. These Terms are generated by a computer system and do not require any digital or electronic signature.
Definitions
"Content" encompasses, but is not limited to, reviews, images, photos, audio, video, location data, nearby places, and all other types of information or data. "Your Content" or "User Content" refers to Content that you upload, share, or transmit through or in connection with the Services, including likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or that are displayed in your account profile. "MilesMech Content" pertains to Content created and made available by the Company in relation to the Services. This includes, but is not limited to, visual interfaces, interactive features, graphics, design, compilations, computer code, products, software, aggregate ratings, reports, and other usage-related data linked to activities associated with your account, as well as all other elements and components of the Services, excluding Your Content.
"Estimated Cost" refers to the service provider’s approximation of the likely cost of the Service. The purpose of this cost estimation is to forecast the quantity, cost, and price of the resources required to complete a job.
"Membership Plan(s)" denotes subscription or other types of membership offers provided by the Company to Users periodically through online or offline media. The terms, conditions, and prices of these plans will be communicated via the applicable media at the time these offers are issued.
"Service(s)" refers to the services provided through the Platform, detailed further under Clause 3 below. The Services offered through the Platform may change over time at the Company’s sole discretion.
"User" or "You" refers to any individual who owns a car (typically beyond the manufacturer warranty period) in urban centers, especially metropolitan areas, and who wishes to avail Services on the Platform and has registered on the Platform for this purpose.
Services
The Services offer a technological platform that allows Users of the Company’s Platform, included as part of the Services, to arrange and schedule car repair or maintenance services with independent third-party providers. After you submit a request, we may supply you with a list of potential service providers along with their experience details.
Additionally, the Company offers a towing service to assist in getting your vehicle out of a problematic situation and back on the road, which is available for an additional charge.
You recognize that the Company itself does not perform any repair or maintenance services for its customers. All such services are rendered by independent third-party contractors who are not employees of the Company.
You acknowledge that even after accepting and/or confirming a service/repair appointment for your car, the Company cannot guarantee its availability. When you request an appointment, the Company will make reasonable efforts to connect you with an independent third-party service provider so you can access automobile repair services at or near your location.
You understand that the cost and duration for the services/repairs are estimated based on your request and are approximate in nature.
Eligibility
You affirm and confirm that you are at least eighteen (18) years old and possess the full capacity and competence to understand, accept, and adhere to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these terms, and to comply with the Terms specified herein.
You assert that your use of the Services is in accordance with all applicable laws and regulations in your country of residence. You commit to using the Services in compliance with these Terms and relevant laws, ensuring that your actions do not infringe upon our legal rights or those of any third parties.
If you are utilizing the Services on behalf of an organization, you agree to these Terms on the organization's behalf and confirm that you have the authority to bind the organization to these Terms.
Use Of Services
To access certain features provided by the Platform, you are required to create an account. The personal information you share during account creation will be managed in accordance with our Privacy Policy, which you can find on our app or website. You must keep your password secure and are solely responsible for maintaining the confidentiality and security of your account information, including all changes, updates, and activities associated with your account.
Upon signing up, we will offer you specific Services at no cost. These Services include searching for automotive repair or servicing providers, viewing detailed profiles of these providers along with their service prices and ratings, and posting feedback and ratings for any providers you have used through the Platform. We retain the right to modify, add, or remove Services from our Platform at any time, and may decide to charge for certain Services at our discretion.
You should only book a Service if you genuinely require the work to be done as described. Additionally, you should only post feedback for a service provider if you have actually used their Service through the Platform.
Support
The Company provides support through email, phone calls, and an extensive online FAQ knowledge base. For any assistance or support needs, you can access our resources or contact our support team by emailing care@milesmech.com.
The Company will respond to every complaint as soon as possible upon receiving it during business days. Moreover, we will make every effort to address and resolve the complaint within 7 days of receipt. Please note that any suggestions provided by the Company regarding the use of our services are not to be interpreted as a warranty.
The User acknowledges that the Company will address and attempt to resolve complaints following our standard policies and procedures. Any dissatisfaction with the resolution or method of redressal does not imply that the Company has failed to address the complaint. Suggestions by the Company concerning service usage should not be considered a warranty.
The Company will take reasonable care and necessary measures to ensure the safety of your car while it is in our possession. In the unfortunate event that your car is stolen while with the Company, we will take all reasonable steps and provide necessary support to assist you in recovering your vehicle. This includes promptly notifying you of the theft, immediately reporting the incident to the nearest police station, and cooperating with local authorities in their efforts to recover the vehicle.
Prohibited Usage Of The Platform
Users are strictly prohibited from engaging in any illegal activities on the Platform. Such prohibited activities include, but are not limited to, actions that compromise the integrity or security of the Platform, transmitting disruptive or competitive information, submitting incomplete, false, or inaccurate data, making unsolicited communications to other Users, using unauthorized tools or mechanisms (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Platform, and circumventing or disabling any digital rights management or security features. Any unlawful activity on the Platform is subject to the laws of India.
Upon discovering or being notified in writing or via an electronically signed email by an affected party about such prohibited information, the Company reserves the right to disable the offending content in violation of this policy. Additionally, we will preserve this information and its associated records for at least 90 days to facilitate potential governmental investigations. In cases of non-compliance with applicable laws, rules, regulations, or the Agreement (including the Privacy Policy), we reserve the right to immediately terminate the User's access to the Platform and Services and to remove any non-compliant information.
We may disclose or transfer User-generated information to our affiliates or governmental authorities as allowed or required by applicable law, and you consent to such transfers. In accordance with applicable laws, we will only transfer sensitive personal data or information to other entities or individuals in India or abroad who provide a similar level of data protection, if such transfer is necessary for fulfilling a lawful contract between the Company (or its representatives) and the User, or if the User has consented to such a transfer.
User Comments, Feedback & Other Submissions
All feedback, comments, reviews, suggestions, ideas, and other submissions (collectively, the "Submissions") disclosed, submitted, or offered to the Company through the Platform or otherwise in connection with your use of the Platform, shall become the exclusive property of the Company. By disclosing, submitting, or offering any Submissions, you assign all worldwide rights, titles, and interests to the Company, allowing it unrestricted use, whether commercial or otherwise, of the Submissions. Consequently, the Company will own all rights, titles, and interests in these Submissions, with no limitations on their use. The Company is not obligated to (1) keep any Submissions confidential; (2) compensate you for any Submissions; or (3) respond to any Submissions.
You confirm that any Submissions made by you will not infringe on any third party's rights, including copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, you agree that your Submissions will not contain libelous, unlawful, abusive, or obscene material. You are solely responsible for the content of your Submissions.
Additionally, you agree not to upload, post, email, or otherwise transmit any material intended to interrupt, destroy, or limit the functionality of the Platform. We reserve the right to terminate or restrict your use of the Platform and Services if you violate these Terms or engage in any illegal or fraudulent activities on the Platform.
You also agree that neither you nor anyone on your behalf will publish, post, or otherwise make any defamatory comments or remarks, in any format, against the Company, its employees, clients, operations, or services. Violating these Terms or engaging in intimidation will render you liable to compensate the Company for any resulting losses. The Company reserves the right to initiate civil and/or criminal proceedings against you to recover damages and losses and to prosecute you for defamation according to applicable laws.
User Data
You affirm that any information you provide in connection with your use of the Platform is and will remain accurate, truthful, and complete, and you commit to regularly updating this information. You acknowledge that if any information you provide is false, inaccurate, outdated, or incomplete, we may terminate your access to and use of the Platform.
You consent to the Company's collection and use of your information, technical data, and related details for the purpose of validating submitted documents, in accordance with its Privacy Policy. The Company may utilize data related to your use of the Services for analytics, trend identification, and statistical purposes to improve the effectiveness and efficiency of the Platform. This information may be shared with the Company’s group entities and service providers to facilitate your access to these Services. You agree to this use and sharing of your information.
In compliance with applicable laws, the Company may be required by law enforcement or government agencies to disclose user data in connection with criminal investigations. You understand and agree that in such circumstances, the Company is authorized to share this data with the relevant authorities.
Intellectual Property Rights
The Platform is independently designed, updated, and maintained by the Company. When you access the Platform, you are granted a license from us. All rights, title, and interest in the text, graphics, audio, design, and other works on the Platform, along with all associated intellectual property including the domain name, copyrights, the look and feel of the Platform, trade names and trademarks, patents, and designs, belong solely to the Company or its licensors. Any third-party trademarks and brand names appearing on the Platform are the property of their respective owners. The content on the Platform is intended for personal use only, unless otherwise permitted. Altering the material or using it for commercial purposes violates the intellectual property rights of the Company and/or its affiliates or associates, or those of its third-party information providers. We reserve the right to suspend or terminate the service at any time if a computer virus, bug, or other technical issue compromises the security or proper administration of the service.
By using the Platform or availing any Services through or on the Platform, you acknowledge and agree that no rights (express or implied) are granted to you regarding such Content. The Company reserves the right to change or modify the Content at its sole discretion from time to time.
License
Upon your agreement to abide by these Terms, the Company extends to you a restricted, non-exclusive, non-transferable, revocable license allowing you to (i) utilize and access the Applications solely on your personal device in conjunction with your utilization of the Services; and (ii) access and utilize any content, data, or associated materials provided through the Services, all solely within the context of your use of said Services. The Company and its licensors retain all rights not explicitly conferred herein.
You are prohibited from engaging in activities such as copying, modifying, creating derivative works, distributing, licensing, selling, transferring, publicly displaying, performing, transmitting, streaming, broadcasting, or otherwise exploiting the Platform and Services, except as expressly permitted within the Terms and Conditions. No implicit or other licenses or rights are granted to you under any intellectual property owned or controlled by the Company or its licensors, aside from those explicitly outlined in the Terms and Conditions. The Company holds ownership of the Platform and its associated intellectual property rights.
Limitation Of Liability
The Company makes no guarantees regarding the accuracy or reliability of the results obtained from using the Service. By utilizing the Service, you acknowledge that unless expressly stated otherwise by the Company, all products provided to you through the Service are offered "as is" and "as available" without any representations, warranties, or conditions, whether express or implied. While we strive to ensure the safety of your access and use of the Platform, we cannot guarantee that the Platform or its server will be free from errors, interruptions, unauthorized access, or fully meet your needs.
In no event shall our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage arising from, in connection with, or otherwise resulting from the use of the Services, even if the Company has been advised of the possibility of such damages.
The Company shall not be responsible for any damages, liabilities, or losses arising from your reliance on or use of the Services, your inability to access or utilize the Services, or any transaction or relationship between you and a third-party provider. Additionally, the Company shall not be held liable for any delays or failures in performance resulting from circumstances beyond our reasonable control.
Exemptions To Liability Of Company
By continuing to use our services, the user acknowledges and accepts that the company bears no responsibility for any disruptions or failures to fulfill its obligations under the terms and conditions, whether directly or indirectly caused by factors including but not limited to: the user's lack of cooperation, availability, or responsiveness; provision of inaccurate or incomplete information; failure to timely provide or facilitate the submission of user materials; or occurrences beyond the company's reasonable control.
Additionally, the user agrees that the company's liability extends solely to providing assistance and cooperation in cases of vehicle theft or accidents that transpire within the premises of our service partners. While the company pledges prompt assistance in filing insurance claims, reporting incidents to the authorities, and any other necessary procedures, compensation for losses incurred shall only be considered if attributable solely to the company's actions or due to the company's gross negligence, excluding any fault on the part of the service partner.
Billing & Charges
By engaging with our Services, you accept that you might incur charges from third-party service providers for the services rendered ("Charges"). Acting as a limited payment intermediary for these third-party providers, the Company will facilitate the payment of these Charges once you've utilized the Service. These Charges will be processed as if you directly paid the third-party service provider. Unless specified otherwise by law, all Charges will encompass applicable taxes. Unless stated otherwise by the Company, all payments made by you are considered final and non-refundable.
The Charges may be subject to updates or alterations at any time based on the analysis of the third-party service providers or your specific requests. The revised Charges will be communicated to you by the Company, and only upon your approval will the services be provided by the third-party service provider.
You understand that failure to pay Charges to a third-party service provider constitutes a breach of these terms. In the event of such a default, you agree to compensate liquidated damages equivalent to the value of the services. You authorize the Company to recover the amount owed as liquidated damages through appropriate means.
In case of significant changes and non-payment by the User, the Company reserves the right to retain the vehicle until full payment is received, along with any additional costs if applicable. Should you fail to settle Charges even after 90 days from service completion, the Company may reclaim the outstanding amount by selling your vehicle.
You are responsible for payment of towing services as per the Company’s Charges.
Membership Plans will be periodically available through various channels including the website, app, and social media. You can purchase memberships through the Platform by adding them to your cart, checking out, and making payment.
The Company reserves the right to modify, suspend, or discontinue any terms associated with the Fees including duration, rates, and services included in the membership. You will receive advance notice of any changes to membership features before expiration. We commit to providing notice of any Fee changes in advance.
If the User fails to retrieve their car by the agreed delivery date, the Company will arrange storage at the User’s expense and risk. Following such failure, a parking fee of Rs. 500 per day will be charged for storage.
Payments for Services may be processed through third-party internet payment service providers. By purchasing Services through the Platform, you consent to abide by their terms and conditions and privacy policies. The Company disclaims responsibility or liability under these terms and policies. Should you find these terms unacceptable, refrain from purchasing Services through the Platform.
Moreover, we bear no responsibility or liability for the delivery, safety, legality, or any other aspect of transactions or services facilitated by third-party internet payment service providers. The Company is not accountable for ensuring completion of transactions or the authority of such providers. Any disruptions, problems, or disputes should be resolved directly with the third-party internet payment service provider.
Cancellation & Refund
You cannot demand a reimbursement or termination of a confirmed service through the Platform. Once you've placed an order (i.e., upon agreeing to the estimated expenses), you waive your entitlement to cancel the order or request a refund for the rendered Services.
Dispute Resolution
If there arises any disagreement or discrepancy between the User and the Company concerning the understanding of these terms, any claims, or any disputes emerging from or related to these terms, they shall be brought before a single arbitrator selected by mutual agreement. The arbitration process will adhere to the regulations outlined in the Arbitration and Conciliation Act of 1996. The jurisdiction over the matter and/or enforcement, as necessary, shall exclusively belong to the courts of Delhi.
Governing Law
These Terms and any additional agreements relating to the Services we provide are subject to the laws of India and fall under the jurisdiction of Delhi, India.
General Provisions
Severability Clause: In the event that any provision within these Terms is deemed illegal or unenforceable by a court or other authorized authority, the remaining provisions shall continue to be in full force and effect. Should any part of an unlawful or unenforceable provision be capable of being made lawful or enforceable through removal, the remainder of the provision shall remain intact, unless such action contradicts the clear intention of the clause, in which case the entire relevant provision shall be deemed deleted.
Waiver: The Company's failure to enforce or exercise any provision of these Terms, or any associated right, shall not signify a waiver of said provision or right.
By providing these Terms, the Company ensures your understanding of the Terms governing your use of the Platform and Services. You acknowledge that the Company has afforded you a reasonable opportunity to review these Terms and that you have consented to them.
These Terms and Conditions are specific to you and may not be assigned or transferred by you without the prior written consent of the Company. The Company reserves the right to assign, transfer, or delegate any of its rights and obligations hereunder without requiring consent.
All notices pertaining to the Terms and Conditions must be in writing and shall be considered duly given upon receipt if delivered personally or sent via certified or registered mail, with return receipt requested; upon electronic confirmation of receipt, if transmitted via facsimile or email; or two days after dispatch if sent for next-day delivery by a recognized overnight delivery service.
The Terms and Conditions do not establish an agency, partnership, joint venture, or employment relationship between the parties, and neither party possesses any authority to bind the other in any capacity.
Termination
The Platform reserves the right to discontinue your access to its services at any given point, should there be a violation of the Terms and Conditions. Although not obligatory, the Platform holds the authority to deny access. Besides the permissions explicitly stated in these Terms, all other rights are retained by us, and no additional rights or licenses, implicit or explicit, are granted.
Upon temporary or permanent suspension or termination, users are prohibited from accessing the Platform using the same or different accounts, or by registering anew. Termination of an account under the circumstances outlined herein entails the loss of access to data, messages, and other content stored on the Platform by said user.
You have the option to terminate these terms at your discretion and for any reason. Any obligations and liabilities incurred by either party prior to the termination date will persist post-termination. These Terms shall remain valid until either party decides to terminate them. Failure to comply with any term or provision of these Terms, or if such failure is suspected, may result in termination of this agreement without prior notice, and you shall remain accountable for all outstanding amounts up to the termination date.
Indemnification
You agree to protect, reimburse, and absolve the Company, its affiliates, subsidiaries, and partners from any and all liabilities, damages, claims, and costs, including reasonable legal fees, resulting from your utilization or abuse of the Services and Platform, or your infringement of the Terms and Conditions, or any relevant law, agreement, regulation, or other duty. We retain the authority to take over the exclusive defense and management of any matter that you are otherwise obligated to indemnify, in which case you will provide assistance and collaboration as necessary.
Contacting You
You consent to being contacted via telephone, email, SMS, or any other communication method for the purpose of soliciting feedback regarding the Platform or our services, gathering input about other users featured on the Platform, or addressing any complaints, inquiries, or issues raised by other users regarding your important content.
You also agree to fully cooperate with the company during such communications.
When providing suggestions or feedback concerning our services or platform, you acknowledge that we have the right to utilize and distribute such feedback for any purpose without compensating you, and we are not obligated to maintain the confidentiality of such feedback.