MeriCAR.com : Terms and Condition : Diclaimer : Privacy Policy

'Customer'
Customer is a visitor on MeriCAR.com website who is registered member and has filled up form on the website, is not a dealer or not a partner of dealer or not an associate of dealer or who has no objection contacting any car dealer for his car servicing.

'Dealer' / 'Car Dealer' / 'Car Service Dealer'
A workshop, car serive workshop who deals with car servicing, repairing and/or provides car servicing related facility.

'Registered Car Dealer Member' is who has paid for the listing on MeriCAR.com and appears in the search or receive enquires from MeriCAR.com through email or mobile SMS.

MeriCAR.com Objective - Comfort and Choice
Providing platform to help customer members to send enquiry to registered car service dealers. MeriCAR.com is using technology available for WEB and Mobile SMS to allow them to send enquires and get response from car service dealers. MeriCAR.com is working on "CUSTOMER CHOICE" to allow customer to choose car service dealers they want to get car service done (with no obligation from any particular dealer or its assocaite or MeriCAR.com)

How It Works
MeriCAR.com ask customer to choose any particluar dealer from the "Registered Car Dealer Member" or allow MeriCAR.com to suggest car dealers for them to contact. MeriCAR.com team is trying to list down all car service dealers, but it is not necessary that all dealers may be shown in the list before they decide to become "Registered Car Dealer Member". Customer may recommend car dealer and MeriCAR.com would try to make them as "Registered Car Dealer Member" as per the MeriCAR.com Terms and Conditions.

Technology
MeriCAR.com is using "standard" technology (Web and Mobile SMS) available to meet the objective. MeriCAR.com is associated with companies for Web Hosting, Domain, Mobile SMS Server. The Promoter and Promoter Affiliates are not liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet / Mobile network or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from sending booking enquiry or participation in or downloading any materials from the website.

Car Insurance
MeriCAR.com is providing facility to customer members to aware about car insurance. It is customer's choice to use this facility or recommendations with knowledge. Insurance is the subject matter of solicitation

Recommendations
MeriCAR.com may recommend some facility to their customers.

Privacy Policy

meriCAR.com keeps customer data private on secure database and allows car dealers to display information which resides on meriCAR.com web server. Dealer can edit information using meriCAR.com functionality.

Customer's emails and registration information are not sold to anybody and are kept confidential.

Customer can search dealers and send them booking enquiry for confirmation. meriCAR.com play an important role to be interface between customer and car dealers and keep record of communications / details exchange between them for monitoring purpose.

Disclaimer

MeriCAR.com will show customers randomly selected dealers from the database. All selected dealers will receive email and SMS to contact to customer.

It is entirely customers choice to go to any car dealer for servicing. MeriCAR.com is doing efforts to make system transparent to allow car dealers to contact customer directly.

MeriCAR.com is doing efforts to make contact with car dealers and not responsible for payment issues or any other car maintenance issues.

Car Dealers needs to make sure about services provided at their workshops.

If customer do not receive response from any car dealer, customer can request for another booking request using MeriCAR.com.

MeriCAR.com will not take any responsibility for making appearance of customer at car dealers workshop at suggested time. It is entirely car dealer's responsibility to be in touch with customer directly.

Customer must be a member before sending booking enquiry to car dealer. meriCAR has no responsibility if customers do not get confirmation email from dealer. Customer / visitor can not claim to meriCAR for booking confirmation. meriCAR is providing platform to visitors and car dealer to exchange enquiries for car services booking. Car Serice Booking is FREE for car owners customers.

The Promoter and Promoter Affiliates are not liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from sending booking enquiry or participation in or downloading any materials from the website.

Active Car Dealers are paid members . Inactive Car Dealers are non-paid and appears in the dealer search without having ability to receive booking enquiries. meriCAR.com not liable for incorrect information provided by dealer or collected from different sources. Visitors can contact meriCAR.com for change of information or suggestions.

WEBSITE TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

MeriCAR provides data for customer to search and send enquiry to car service dealers and display a collection of online resources, including auto news, ads, quiz & updates (referred to hereafter as "the Service") subject to the following terms and conditions ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular MeriCAR services, you agree to abide by any applicable posted guidelines for all MeriCAR services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with MeriCAR in any way, your only recourse is to immediately discontinue use of MeriCAR. You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern/s.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at: http://www.MeriCAR.com/toc.html

3. CONTENT

The content at MeriCAR.com collects information provided and created by car dealers / advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content of the Website,MeriCAR has no control over the accuracy of such information on our pages, and material on the MeriCAR.com. Web site may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage. All of the data on car services, car insurance, car problems and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.

MeriCAR.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and site content hosted on the Website are reserved with MeriCAR.com. Users are permitted to read, print or download text, data and/or graphics from the site for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in this site in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

You understand that all postings, car dealer data, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that MeriCAR does not entirely control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MeriCAR site and Content available through the Service may contain links to other websites, which are completely independent of MeriCAR.
MeriCAR makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MeriCAR be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MeriCAR does not always pre-screen or approve Content (unless specified), but that MeriCAR shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The MeriCAR site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MeriCAR, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication/transaction with any of these third parties.
You agree that MeriCAR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MeriCAR is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MeriCAR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at info [at] MeriCAR.com.

6. PRIVACY AND INFORMATION DISCLOSURE

MeriCAR has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.MeriCAR.com/toc.html
Your use of the MeriCAR website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that MeriCAR may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of MeriCAR, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic in nature
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a MeriCAR employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the MeriCAR sites which are not designated for such purposes; or emailed to MeriCAR users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by MeriCAR;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to MeriCAR's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MeriCAR website; or
u) use any form of automated device or computer program that enables the submission of postings on MeriCAR without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to MeriCAR email addresses or through MeriCAR computer systems, which is expressly prohibited by these Terms, will use or cause to be used MeriCAR servers. Any unauthorized use of MeriCAR computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. LIMITATIONS ON SERVICE

You acknowledge that MeriCAR may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MeriCAR has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MeriCAR reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MeriCAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. ACCESS TO THE SERVICE

MeriCAR grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MeriCAR. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
MeriCAR permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).

11. TERMINATION OF SERVICE

You agree that MeriCAR, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MeriCAR believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MeriCAR shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

12. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MeriCAR. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MeriCAR, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although MeriCAR does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MeriCAR an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant MeriCAR all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE MERICAR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MERICAR SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MERICAR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MERICAR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MERICAR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MERICAR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MERICAR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MERICAR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MERICAR SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MERICAR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MERICAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MERICAR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MERICAR SITE OR THE SERVICE, FROM INABILITY TO USE THE MERICAR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MERICAR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MERICAR SITE OR THE SERVICE OR ANY LINKS ON THE MERICAR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MERICAR SITE OR THE SERVICE OR ANY LINKS ON THE MERICAR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

15. INDEMNITY

You agree to indemnify and hold MeriCAR, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

16. GENERAL INFORMATION

The Terms constitute the entire agreement between you and MeriCAR and govern your use of the Service, superceding any prior agreements between you and MeriCAR. The Terms and the relationship between you and MeriCAR shall be governed by the Indian laws without regard to its conflict of law provisions. You and MeriCAR agree to submit to the personal and exclusive jurisdiction of the courts located within India. The failure of MeriCAR to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Terms & Conditions for participating in the quiz.

• 1. Mericar.com Quiz is Free participation campaign. NO PURCHASE NECESSARY. To enter this prize draw, simply answer and submit questions and fill out the registration form on the www.mericar.com website during the entry period, which is normally the start and finish of a calendar month. You do not have to get all the questions right to be eligible for the prize draw, and the number of questions you answer correctly will not affect your chances of winning. Please refer to our Privacy Statement before you enter, for information about how the Promoter will use your personal data.

• 2. The prize draw is open to everyone aged 18 years of age and over, excluding: Employees (and their immediate families) of the Promoter, its parent and affiliate companies, its/their agents, sub-contractors, directors or employees (together 'Promoter Affiliates') or anyone connected with the prize draw. Only one entry per person is allowed.

• 3. The prize will be FREE GIFT that may be Car Service or Car Accessories or Car Magazine or car releated. The period of Quiz is available on mericar.

• 4. No alternative prizes or cash will be offered for the prizes. In the event that a prize is forfeited, an alternate prize-winner will be selected from an additional prize draw arranged by the Promoter.

• 5. The Promoter's decision will be final in all respects and no correspondence shall be entered into. Entry into the promotion is deemed to be acceptance of these terms and conditions.

• 6. A list of prize winners' names will be available on mericar.com.

• 7. Prize winners will be notified by email & will be displayed on mericar.com. The Promoter is not responsible for any incorrect, malfunctioning or undeliverable e-mail or postal address provided by a prize-winner.

• 8. The Promoter and Promoter Affiliates are not liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or downloading any materials in this promotion. This does not apply to liability for fraud, gross negligence or for death or personal injury caused by the Promoter's or Promoter's Affiliates negligence or any other liability which cannot be excluded by law.

• 9. Free Car Service means standard car service which does not include repairing, tinting and other extra car services which dealer does not include in regular services. Standard Car Service are fixed price from dealers.

• 10. The Promoter is Amoeba Webware , L 27/14, DLF -2, Gurgaon.