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MeriCAR Home » Terms & Conditions



IMPORTANT NOTE : MeriCAR.com is not selling any product and service of Cross Roads India Assistance Pvt Ltd w.e.f 23rd July 2016.


NOTE: All terms and conditions are applicable to "Every page" on this domain http://www.mericar.com even if it is not mentioned on the page.


What is "MeriCAR.com"
MeriCAR.com is a directory / promotional agency / public forum for car workshops in India and runs support center to help customers to find nearest car sevrice and repair center. MeriCAR.com is advertising agency and do not own or control any car workshop.

'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.

'Franchisee', 'Distributor'
A representative who represents MeriCAR.com CITIES all across India. A representative has Distributor agreement with MeriCAR.com to operate his office using brand and help MeriCAR customers all across India

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 associate or MeriCAR.com)




MeriCAR Memberships

Dealer Memberships (The Associates)

1. Listing Dealers (Launched)
Dealers/Outlets whose company name is mentioned in the directory for customers to send enquires. They are not registered with website and their contacts may not be verified. Its free listings for MeriCAR visitors.

2. Premium Dealers (Launched)
Registered dealers/outlets/shops whose contacts are verified and MeriCAR promote them on the website and charge for promotion with tag "members".

3. Gold Dealer Members (Launched)
Registered dealers with "Exclusive arrangement" for regular business with percentage charges per car.

Customer Memberships

1. Basic Memberships (Launched)
Customer/Visitors online/offline who uses MeriCAR services for free. They can register with all MeriCAR Free Online Services and can send enquiries as per their requirements. They can buy discounted products online/offline.

2. Loyality Program (Launched)
Customers who have bought MeriCAR Loyality Program Memberships with free and discounted offer with a contract of 1 year.

Value Added Products and Services (VAPS) are provided by MeriCAR for the benefit of customers by associating with other companies. These are products supplied by MeriCAR "as it is" as per suppliers/manufacturer's terms and conditions, and MeriCAR acts as a "reseller" "dealer" of that products or services.

'Leads'
Lead means "enquiry" generated through online/ offline promotion. It is "qualified" lead which means name of the customer and its contact information is correct. "Lead" "leads generation" does not mean customer will use your services, in other words, "lead" can be considered as "conversion" but not necessarily, actual visiting to dealer. "Leads" in all agreements with dealers/associates/partners under "lead generation program" or "revenue share program" are "qualified" leads.



 
INDEX:

WEBSITE TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

2. MODIFICATIONS TO THIS AGREEMENT

3. CONTENT

4. THIRD PARTY CONTENT, SITES, AND SERVICES

4.1.Customer Disputes with workshops/outlets/shops

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

6. PRIVACY AND INFORMATION DISCLOSURE

6.1 Google Advertising Cookie and Privacy Policies

7. CONDUCT

8. NO SPAM POLICY

9. LIMITATIONS ON SERVICE

10. ACCESS TO THE SERVICE

11. TERMINATION OF SERVICE

12. PROPRIETARY RIGHTS

13. DISCLAIMER OF WARRANTIES

14. LIMITATIONS OF LIABILITY

15. INDEMNITY

16. GENERAL INFORMATION

17. The Promoter and Promoter Affiliates

18. The Promoter

19. Premium Membership Offers Coupons

20. Agreement with Premium Dealers / Car Workshops Dealers / Assocaites for Promotions and Lead Generation Program.

20 A: Non-Renewal Contracts, Expiry of Contracts

21. Terms and conditions for Car Helpline- On-Road Assistance

22. Special Offers Campaign / Hot Deals

23. Do-It-Yourself and Car Care Tips or Articles

24. Dealer Grading / Ranking / Reviews

25. Privileged Customer Program

26. Doorstep Drycleaning and Polishing Services

27. Peronsonalized Support

28. Pictures / Photo Used in the website

29. News Content

30. Bounced Emails / Problem with emails / spam mails.

31. Un-wanted mails

32. REFUND POLICY / Termination Period.
 



NOTE: All terms and conditions are applicable to "Every page" on this domain http://www.mericar.com even if it is not mentioned on the page, all visitos must consider this as assumption.

How It Works
MeriCAR.com asks customer to choose any particular 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.To secure web forms, MeriCAR.com technical team use secure code and capchas to prevant hacking or mis-use of web form and update code from time-to-time. In case of receive of any un wanted mail from MeriCAR domain should be informed with a url of the page to help us prevanting mis-use of forms.

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 using automatic selection by the program. Presently it is a " beta version " of the program/software which " recommends " based on two criteria 1. " location " and 2. " member ". Location is " city " and Member is a " dealers/auto repair shop " which is registered with the website. Even MeriCAR team is helping customers who calls offline on MeriCAR Helpline for recommendation. The reason for including " members " in the recommendation is to allow " verified " workshops to get enquires rather " unverified ". Members are updated regularly with their contact details and a part of verified directories on the website. With times, MeriCAR will have ratings and feedback from " real " customers, the website will update " software/program " to recommend customer based on " rating " and " location " and " members ". Since Online services are "free" to send enquires, so customer needs to decide based on his requirements for car servicing or other repairs.


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 with "basic memberships". Car owners Premium memberships are paid.

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.
MeriCAR makes NO representation MARUTI and MARUTI SUZUKI and other Car Vehicle Manufacturer / car bands or any other and its associate in any manner untill clearly specify kind of association or agreement with associates directly or indirectly on the directory / web pages.
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.

Copyright Logos/Material
MeriCAR.com has agreement with "Service Provider" (authorized service station, dealers, outlets, workshops) and promote their business by displaying their logos/their service logos and other copyrighted material. Copyrighted logos and pictures are displayed by mericar.com by taking permission from "Service Provider" with agreement of promoting their business. MeriCAR.com has no direct association or agreement with manufacturer.

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.

4.1. Customer Disputes with workshops/outlets/shops
MeriCAR.com registers car workshops and promote them. Dealer ("car workshop", "car outlet") is providing services to customers (routed through MeriCAR website or local call center) shall be consider as THIRD PARTY SERVICES. All Dealers in the directory are "easy to search" based on city, area. MeriCAR deals with "dealers" and offer their services to customers as mediator as "concept". It is not necessarily that all are best in services. MeriCAR.com display customers reviews and suggest service centre based on available data. In absence of reviews of new service center, customer needs to talk to works manager directly and get information at their website page available. In case of any maintenance, service issue with car workshop and service center, MeriCAR.com do not take any responsibility for maintenance issues and quality of services but may help customer to resolve issue if possible with mutual agreements between customers and dealers. We hope to build a transparent system online with times to allow all customers (visiting MeriCAR.com website) to give fair feedback and reviews. CUSTOMER CAN NOT CLAIM for any dispute with MeriCAR.com for car serivicing issues and other dealer discoutes. MeriCAR.com has policy to remove remove Dealer's Business Name from the "recommendation" list when found customer dissatisfied based on "MeriCAR criteria of removal or/and Dealer Termination Policy" from the list. MeriCAR criteria of removal from the list is 10% of un-happy customers or/and NON - RESPONSIVE to customer issues.



4.2 ALL DISPUTES : All legal disputes with customers, dealers, associates and any third party or any service related shall be in jurisdiction of Gurgaon, Haryana. All disputes shall be intimated at our address info [at] mericar.com or sent at registered office.

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.

6.1 Google Advertising Cookie and Privacy Policies
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here

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.

Please read clause 32 (below) for termination period for customer,dealer, other companies.

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.

17. 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.

18. The Promoter is Amoeba Webware Pvt Ltd Registered office at 29/2,Harmony Homes, Sector-57, Gurgaon -122002
CIN: U74120HR2008PTC050258



19. Premium Membership Offers/ Discount Coupons

19.1. Valid at: MeriCAR Premium Dealers. Customer can avail car servicing offers at PREMIUM DEALERS only. You can enquire about premium dealers in your area.

19.2. Valid for 1 year & not to be combined with any other scheme/ad.

19.3. No exchange with other person and offer.

19.4. No verbal commitments are accepted.

19.5. Taxes extra as applicable at dealer workshop.

19.6. In case of any dispute dealers decision is final and binding.

19.7. Use one coupon at one time and availability of FREE or Discount offers with PAID car servicing only.

19.8. Spare parts charges and other paid services are extra. No offer and discount on spare parts.

19.9. Mericar terms and conditions applicable at www.mericar.com/toc.html

19.10. Free pick and drop for any particular service would be decided by the car workshop.For long distance, workshop guy can charge for pick and drop.

19.11. Delivery of premium membership coupons upon 100% payment.

19.12. Coupons can be printed online or/and distributed with or without Value Added Products, depending upon packages and suppliers.

19.13. Coupons are printed online or distributed through agents/direct agents or sent through courier. If distributed through courier/post, it can be received with 5-7 days through courier. Please call MeriCAR Helpdesk if you do not receive it within 5-7 days.

19.14. Value added services are provided as per usage terms and condition of third party/associates. MeriCAR is not responsible for any dispute arising between customer and third party.

19.15. For Breakdown services. customer need to call phone/helpdesk number mentoned on the breakdown coupon only. MeriCAR is not providing break down services directly. Customer has to call PROMPT 24x7 breakdown call center directly. MeriCAR.com team provide their Heldesk Number.

19, 16. To avail this offer you need to call MeriCAR helpdesk 8750156356 and you can call for any query regarding memberships.

19. 17. Please present coupons at PREMIUM DEALERS and show them Membership card number before taking car sevices for record.

19.18. This offer is for Premium Member only in Delhi and NCR region (New Delhi, Gurgaon, Noida, Faridabad, Ghaziabad).


19.19. All other terms and conditions are applicable and can be read at: http://www.mericar.com/toc.html.

19.20. MeriCAR.com membership is only applicable to well maintained cars with ORIGINAL COMPANY FITTINGS. Older cars with "faulty" conditions and "improper" maintaince are not included in this membership.

19.21. Memberships are not valid for: 1. Very old cars and not maintained cars. (Car owners who buy used cars and had already car servicing issues, they must have done inspections before buying used car which has common breakdown issues.)
2. Cars which are not maintained and have regular/often breakdown issues prior to buying memberships.

20. Agreement with Premium Dealers / Car Workshops Dealers / Assocaites for Promotions and Lead Generation Program.

MeriCAR.com has an agreement with "registered car dealers" to offer specified free and discounted offers using different channels or different kind of offline and online promotion. It is entirely and sole decision of MeriCAR.com team to use of any kind of promotion, channels of promotion to generate leads. Different way of (channel of) promotion may be any of the following mentioned - SMS campaign, pamphlets distribution, newspapers advertisement, yellow pages, distribution of coupons, online promotion, website exchange links and any other way of promotion. The promotion channel will be decided by MeriCAR.com for awareness and generation of leads. All car workshops and dealer agree to allow MeriCAR team to use promotional material for generation of leads.

Further explanation to this agreement, MeriCAR is doing exclusive promotion by creating sub-domain web pages of car workshop members to generate leads. Leads are sent through email and sms and works manager is allowed to talk to customers directly to understand requirements. It does not guarantee if customer reach to car workshop members (or lead conversion) because lead conversion depends on customer preference / choices and car workshop manager's ability to convenience customer. Customers also checks feedback, reviews to take decision for services.

MeriCAR.com team tries to provide area specific enquires. Since online enquires are sent by customer and website auto generate it depending upon customer's choice, so dealer may receive enquires from other areas as per customers selection.

20 A: Non-Renewal Contracts, Expiry of Contracts

Some associates may not have "renew" agreement and have expiry on contracts but they may be listed in old pages or old directories. We shall give them time to "renew" services with us before we remove their listing and names after their confirmation of removal from all pages.

MeriCAR has no renew contract with Winshiled Experts. All customers need to check with member list. Their name may be listed in old directories to let customers able to contact them directly. MeriCAR direcorty are free to access.

MeriCAR.com concept is to give choices to customers and customer is not bound to go to any particular outlets/company.

21. Terms and conditions for Car Helpline- On-Road Assistance

  • MeriCAR associated with Car On-Road Emergency Service Companies and do not provide this service itself.
  • This service is provided as per terms and conditions stated by Car Emergency Breakdown Company.
  • All disputes arising from this "value added services" should be dealt directly with associated companies, MeriCAR is reseller of that company
  • Card once sold will not be taken back.
  • Services available within border areas of Delhi & NCR.
  • Services will be provided only when the vehicle develops fault while on the road. Reach time for service provided at home will be within 90 minutes since preference is given to on road breakdown vehicles.
  • Card is for the vehicle and not for the person.
  • Free towing service is only provided up to 7 kms or to the nearest service station beyond which extra charge will be charged per km to the destination point on case-to-case basis at cost.
  • For similar mechanical fault, service will not be provided more than three times consecutively, but could be attended at a cost as applicable then.
  • No. of service provided under this membership is restricted to 6 per year but could be attended at a cost as applicable then.
  • Arrangement of emergency petrol up to 5 liters at cost.
  • Itís mandatory for the customer making helpline call to produce either the card or the sticker to avail the required services.
  • If the vehicle is repairable on road, free towing/droping service will not be provided.
  • Wheel tube repair services will be provided for flat tyre at actual cost.
  • Claims/Refunds if any will not be exceed the residual value (on per day prorate basis of Card validity period) of the card fees paid by the Cardholder as on the date of the claim.
  • It will be considered that all the terms & conditions are accepted by the cardholder once the services are utilized by him even if the card subscription form does not reach this office duly filled in and signed by the Cardholder concerned.
  • Service of opening of cars with keys locked inside will be given if possible with standard tools available.
  • Towing of vehicle may not be provided between 8 am to 11 am and 5 pm to 8 pm or any other restriction imposed by the traffic police.
  • No services will be provided on Vishwakarma Day.
  • Vehicles older than 15 years at the time of enrolling shall not be accepted for service.
  • The company will try and ensure to provide service within the stipulated time of 30 minutes but it can not be held responsible for any delay arising due to conditions not within its control.
  • The customer or its representative will have no claim against the company or its representative either civil or criminal nature or pursuant to this card in respect of death or injury of the customer or any other person or loss or damage to any other property caused by or due to equipment failure, breakdown or accident or fore on utilization of services during the validity of the card.
  • Receipts for cost of Petrol/Diesel will not be provided.

    Above terms are general for all car breakdown memberships. It varies for different vendors/companies, please check offers detail when you receive car breakdown card membership.

22. Special Offers Campaign / Hot Deals

  • 22.1.MeriCAR runs campaigns from time to time at all occassions for awareness and promotional purpose.
  • 22.2. Car owners need to provide information require to be eligible for FREE & Discount offers
  • 22.3. Free Car Servicing coupons are sent through courier. These are limited time campaigns.
  • 22.4. Coupons are printed paper with mention of offers available at car workshops.
  • 22.5. Please check with MeriCAR helpline at 08750156356 for MeriCAR premium dealers member available near your area. Your known dealer (where you already visited) may not be our dealer member, hence coupons of your existing dealer can not be provided.
  • 22.6. We can not guratantee for receive of coupons at your residence, so you must be in contact with MeriCAR team to acknowledge receive of coupons.
  • 22.7. It is "promotional campaign" for MeriCAR Premium Dealers / workshops and should not be considered as a part of of other car manufacturer / other agency / car warranty period offers.
  • 22.8. Car owners are offered with other value added products during the campaign and you have no obligation to buy any other product and services.
  • 22.9. Offers are limited to areas, please call MeriCAR helpline to check areas and dealers and company associated with value added serivices.
  • 22.10. MeriCAR promotes associates companies in the offer. Please check separate terms and conditions of partner companies.
  • 22.11. Please read terms and conditions before buying offers online. MeriCAR.com can not guranatee for other services not mentioned in the offer.
  • 22.12. Once purchase any offer online, MeriCAR.com team dispatch coupons through courier/post or suggest online print.
  • 22.13. There is no refund if coupons are delivered or emailed. Customer can demand courier tracking number or re-send of email with links of coupons. Refund is given in case of non-receive of offer coupons or other company accecptable conditions.
  • 22.14. Free paid service offers are at selected workshops. Please check out by calling or asking for a list of workshops offering the same. Free Paid service means "free labour charges", it does not include any consumable.
  • 22.15. It is not necessary that all mentioned services in the brochure are available at one workshop, some services are specialized and available at few workshops. Please check availability and workshops before buying offer.
  • 22.16. MeriCAR NEVER sell copouns in the retail market to avoid mis-use of it, those coupons are sent through courier/post or send through online.
  • 22.17. MeriCAR will not take any gurantee to serve customer if they buy any offer from "duplicate", "pirated" sources. Few agencies duplicate offers and try to sell in the market. Customer must call MeriCAR helpdesk before buying any offer.

23. Do-It-Yourself and Car Care Tips or Articles

The information contained in car care articles, tips, do-it-yourself guide, is for knowledge and educational purposes only and cannot substitute for the advice of professional car / auto mechanic or authorized car workshop or dealer or service station. Please don't attempt to service your car if you don't have proper knowledge and tools, you can be injured and your vehicle could be damaged. Take your car to a dealer or a repair shop.

24. Dealer Grading / Ranking / Reviews

To make system trasparent for customers/ visitors, MeriCAR ranks dealers/service centres/repair shops based on formula which is based on two criteria:
1. Customer satisfaction. 2. Agression/communication/Conversion. The dealer who has more customer satisfaction and agression to server customer will get higher rank than others. Formula for ranking may change as we get more analysis to provide customer more transparency for "the right workshop" or "service". There is no gurantee for accuracy of the ranking but MeriCAR would help customers to meet the best with tranparent system.

25. Privileged Customer Program

Loyal/Privileged Customer Membership program is launched to provide more relability and helping customers with MeriCAR services as "one-stop-shop" concept. Please read all terms and conditions and service offered in the MeriCAR brochure.

26. Doorstep Drycleaning and Polishing Services

MeriCAR is bringing doorstep services as a new concept in India. MeriCAR has associated with "vendors" to provide car washing, drycleaning at customer doorstep. To make service available under one brand, MeriCAR agreement with all "vendors" for quality service. In case of any dispute for car dry cleaning and polishing at doorstep, MeriCAR would help to resolve issues but will not take direct gurantee and will stop working with them who violates MeriCAR vendor agreement.

26.A. Customer/car owner agreed on terms with "pick and drop" facility for "car cleaning" that he/she will CHECK properly his/her car before sending it to MeriCAR Member workshop. Since, MeriCAR is mediator/marketing company to "route" business to MeriCAR Workshops, shall have not any responsibility if you send car with your own material inside the car. Even MeriCAR instruct workshop mechanics to inform if they found any personal material, but still its entirely customer's responsibility to check their personal belongings before sending to for CLEANING and INTERIOR CLEANING.

26.B. Workshop mechanics pick up customer's car and return after cleaning. No other service shall be entertained like "scratches" or any other "repair". Dispute for anything other than cleaning shall be resolved between customer and workshop/dealer. MeriCAR can help customer for resolving but can not resolve or help untill both have anything proof of wrong service done (like some customer without proof claimed that they had no scracthes and mechanic says, their car already had scracthes before the washing or cleaning). MeriCAR shall only mediate these cases in case of PROOF.

27. Peronsonalized Support

MeriCAR is expanding its operation in other cities, but can not provide phone support everywhere because of operation costs. Presently MeriCAR is only providing personalized support using phone, email, text message in New Delhi and NCR. For other cities user can refer free listings/directories and send them enquiry using MeriCAR free of cost. For any recommendation in other cities, only web support is available. Since we are not oprating in other cities, so can not gurantee for accuracy of data.

28. Pictures / Photo Used in the website

MeriCAR.com content has pictures. Picture are representation of concept or service, not ncessarily the original or true copy of product or service sold. High resolution pictures are bought from some sources to show them as concept/service to give online user experience with clarity. MeriCAR.com content writers and designer try to put picture by doing brainstorm and study.

29. News Content

MeriCAR.com has news section and also post content from other website in brief for visitor knowledge and allow them to go to original link for detail of that news or content. Source link is mentioned in news or described in a way to allow them to know more about similar content on other website.

30. Bounced Emails / Problem with emails / spam mails.

MeriCAR technical team try to maintain email hosting space, but in rare cases because of huge responses email storage or other un-seen circumstances, email hosting server may behave differently becuase of any reason like shortage of space etc. Any customer can get some bounced email messages because of full of hosting emails storage or any other reason. Please inform us for any unsubscribe issue or if you are receiving mericar email as spam. MeriCAR team has no intention to send spam mails. We will take immediate action to stop spam. Spamming may be becuase of any technical reason, your email box may not be considering MeriCAR.com host as genuine even if this is hosted at reputed IP and host. Since email technology varies from company to company, so it can not be controlled. Some email box shows one email coming from genuine but same email in another mail box can be a spam.

To receive emails into your email box as non-spam, please send feedback to your Email Service Provider with tag spam and non-spam (as per their rules to tag them)

31. Un-wanted mails

MeriCAR.com technical team use secure standard code and capchas to prevant hacking or mis-use of web form and update code from time-to-time with recent technology. In case of receive of any un-wanted mail from MeriCAR domain, it should be informed with a url of the page to help us prevanting mis-use of web forms.

32. REFUND POLICY

No Refund Policy Cases (Applicable to all services contracts)

1. EXPIRY Contract.

2. Non Receive of Application through proper channel (email/post)

3. Receive of Some Services or Deliverables.

4. Pressurising staff/employee in a wrong way.

5. Defame company without prior request to company.

FOR DEALER/WORKSHOP/OUTLET

1. Dealer must apply for refund within 3 months of service for non-achievement of deliverables.

2. No refund for EXPIRY contract.

3. Forcing/pushing company or individual (by wrong way of pressure/force) for refund is considered to be illegal and No refund will be claimed if proven wrong way of pressure on any associate / employee/staff.

4. MeriCAR.com is promotion/marketing company and do not guarantee for any amount of business until specified in the contract.

5. Dealer/Workshop/merchant/oulets can request for refund using proper channel of the company/process and can not force/push/pressure anybody for refund.

PROCEDURE: (a) Dealer needs to apply using post service, personal application or email.
(b) The application must reach MeriCAR within 3 months from the date of contract. We assume Dealer/Workshop/Outlet has examined and tested MeriCAR services in first 3 months and claim of "No Service" "No Deliverables" from MeriCAR.
(c) MeriCAR.com will examine services and report to dealer/workshop/outlet. Dealer/workshop/outlet must prove that there was no service provided by MeriCAR.com.


FOR CUSTOMER MEMBERSHIPS

1. Customer memberships includes services provided by Merchant/Workshop/Dealer/Oulet so MeriCAR can help customers servicing them, but can not take gurantee for their quality of services.

2. Customer can ask for refund in case of SERVICES not been offered.

3. Once all memberships coupons/cards/material sent to customer or delivered, customer can not ask for refund until they have not been serviced by merchant/members/workshop/outlet.

4. In case of problem with quality of workshop service, MeriCAR.com can mediate dispute but customer can not claim for any refund or settlement from MeriCAR.com.

MeriCAR.com is doing regular effort to bring BEST merhcant/workshops/outlet on one platform as a concept, but customer memebers need to check themselves if merhcant/workshop/oulet is serving as per commitment. MeriCAR.com ask for feedback and try to resolve dispute (with mutual consent from both parties-customer and workshop), but can not take gurantee for every service.


FOR EXCLUSIVE PARTNERSHIP / LONG TERM CONTRACT TERMINATION

1. Exclusive Contract / Corporate company can request for refund using proper channel of the company/process.

2. Refund will be paid after adjustment of work done by MeriCAR.com team.

3. Refund shall be requested withing 3 months notice period of Termination of the contract, as stated in the contract.
Minimum 3 months shall be considered for refund.

4. Termination letter shall be written officially and dualy signed by the authority of the company.

5. Forcing/pushing company or individual (by wrong way of pressure/force) for refund is considered to be illegal.


NOTE: We update these terms from time-to-time, regularly and all customers/visitors at MeriCAR agrees to read it when required and company will not inform seprately for any updates of these Terms and Conditions.


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