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Terms & Conditions

Introduction

Below are the terms and conditions of use of our website and if you're using a website, that means users agree and abide with all the parts of terms and conditions on the website. If you disagree with any part of the terms and conditions, you shouldn't use the website for any purpose.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to CREATIVE AUTOMOBILES (Here by using only CREATIVE AUTOMOBILES in further terms and condition) use of cookies in accordance with the terms of our privacy policy.

License to use website

Unless it's stated by written, the company owns all the intellectual property rights in the website and all the material of the website including technical and non-technical data. Some images or content may be obtained from the other sites and the company has all the rights to remove the same without any obligation if it gets intimation from the other party without any damage to the company. All the intellectual property and data are proprietary rights of the company and its reserved.
You may view, download only for caching purposes only. If you would like to print/store any of the content of the website, you would need to have written consent from the company and failing to that will attract legal action and penalty towards the same.
You must not:

  • Republish material from this website and other related business page like social media etc. (including republication on any another website);

  • Sell, rent or sub-license material from the website and other related business pages like social media etc.

  • Show any material from the website and other related business page like social media etc. in public

  • Reproduce, duplicate, copy or otherwise exploit material on this website and other related business page like social media etc. for a commercial purpose or any other purpose.

  • Edit or otherwise modify any material on the website and other related business page like social media etc. for own purpose

  • Redistribute material from this website and other related business pages like social media etc. except for content specifically and expressly made available for redistribution Where content is specifically made available for redistribution, it may only be redistributed by CREATIVE AUTOMOBILES.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or business or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or to provide review of website on other platform.
You must not use this website and other related business page like social media etc. to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without CREATIVE AUTOMOBILES express written consent.
You must not use this website to transmit or send unsolicited commercial communications, threatening communication against company or society, or bad remarks which directly or indirectly affect the company performance or brand. You must not use this website for any purposes related to marketing without CREATIVE AUTOMOBILES express written consent. Failure to any clause of this agreement will attract necessary legal action and penalty.

 

Restricted access

Access to certain areas of this website is restricted. CREATIVE AUTOMOBILES reserves the right to restrict access to other areas of this website, or indeed this entire website, at CREATIVE AUTOMOBILES discretion.
If CREATIVE AUTOMOBILES provides you to access of part of website with a user ID and password that will created by you to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and shouldn’t disclose or use any information of the website for any purpose. CREATIVE AUTOMOBILES may disable your user ID and password in CREATIVE AUTOMOBILES sole discretion without notice or explanation.

 

User content

In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material etc.) that you submit to this website, social media or any business related page for whatever purpose.
You grant to CREATIVE AUTOMOBILES a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CREATIVE AUTOMOBILES the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CREATIVE AUTOMOBILES or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CREATIVE AUTOMOBILES™ reserves the right to edit or remove any material submitted to this website and other related business pages like social media etc., or stored on CREATIVE AUTOMOBILES servers, or hosted or published upon this website. Notwithstanding CREATIVE AUTOMOBILES rights under these terms and conditions in relation to user content, CREATIVE AUTOMOBILES does not undertake to monitor the submission of such content to, or the publication of such content on, this website. If there is any content found on the website or server or on related social and other pages of CREATIVE AUTOMOBILES, CREATIVE AUTOMOBILES has all the right to take necessary legal action.

 

No warranties

This website is provided without any representations or warranties, express or implied. CREATIVE AUTOMOBILES makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CREATIVE AUTOMOBILES does not warrant that:

  • This website and other related business page like social media etc. will be constantly available, or available at all

  • The information on this website and other related business pages like social media etc. is complete, true, accurate or non-misleading.

  • The website and other related business pages like social media etc. is free of defects or errors. Nothing on this website and other related business page like social media etc. constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

CREATIVE AUTOMOBILES will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss

  • For any indirect, special or consequential loss; or

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data or any other thing. These limitations of liability apply even if CREATIVE AUTOMOBILES has been expressly advised of the potential loss.


Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CREATIVE AUTOMOBILES liability in respect of any:

  • Death or personal injury or vehicle damaged or property damage caused by CREATIVE AUTOMOBILES negligence

  • Fraud or fraudulent misrepresentation on the part of CREATIVE AUTOMOBILES

  • Whether it would be illegal or unlawful for CREATIVE AUTOMOBILES to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website and other related business pages like social media etc., you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website and other related business pages like social media etc.

 

Other parties

By using this website and other related business pages like social media etc., you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website and other related business pages like social media etc.

 

Other parties

You accept that, as a limited liability entity, CREATIVE AUTOMOBILES has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CREATIVE AUTOMOBILES officers or employees in respect of any losses you suffer in connection with the website or service. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CREATIVE AUTOMOBILES officers, employees, partners, suppliers, agents, subsidiaries, successors, assigns and sub-contractors as well as CREATIVE AUTOMOBILES.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify CREATIVE AUTOMOBILES and undertake to keep CREATIVE AUTOMOBILES indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CREATIVE AUTOMOBILES to a third party in settlement of a claim or dispute on the advice of CREATIVE AUTOMOBILES legal advisers) incurred or suffered by CREATIVE AUTOMOBILES arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to CREATIVE AUTOMOBILES other rights under these terms and conditions, if you breach these terms and conditions in any way, CREATIVE AUTOMOBILES may take such action as CREATIVE AUTOMOBILES deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

CREATIVE AUTOMOBILES may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Whenever CREATIVE AUTOMOBILES publishes new terms and conditions, all the old terms and conditions will be deemed obsolete and new terms and conditions will be considered even for all the old transactions or booking or uses of users or customers.

 

Assignment

CREATIVE AUTOMOBILES may transfer, sub-contract or otherwise deal with CREATIVE AUTOMOBILES rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions, constitute the entire agreement between you and CREATIVE AUTOMOBILES in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Government of India Law, and any disputes relating to these terms and conditions will be subject to the [non-exclusive] jurisdiction of the courts of Karnataka
CREATIVE AUTOMOBILES LLP may not operate from the registered location and may have multiple operating locations in the world. Also, CREATIVE AUTOMOBILES does not guarantee that any employee will be present at any location as the company may operate from any location or allow their employee to work from an employee's residential area.

 

SERVICE TERMS AND CONDITIONS
These Terms and Conditions govern your use of the CREATIVE AUTOMOBILES Online Vehicle Assistance Business, and the associated website(s) and/or mobile application(s) identified below (The Site(s), which Site(s) and/or mobile applications are operated by CREATIVE AUTOMOBILES LLP. The Site(s) and /or mobile applications are referred to herein together as the Services. As used herein, the terms we, us and our refer to CREATIVE AUTOMOBILES and the terms you, your and yours refer to the person accessing the Services. Please read these terms and conditions carefully before using the services. Your use of the services indicates that you accept these terms and conditions and the associated privacy policy, website and service terms and conditions. If you do not accept these terms and conditions, please do not use the Services or access the site(s).

 

The Services

The Services are offered and provided by CREATIVE AUTOMOBILES to users who visit or use CREATIVE AUTOMOBILES website, live chat, and smartphone applications and can avail some service via phone call. CREATIVE AUTOMOBILES provides the Services as a convenience to CREATIVE AUTOMOBILES registered customers, and residents of their territory, and may change or discontinue the Services or any aspect of the Services at any time.

Description of CREATIVE AUTOMOBILES Online Vehicle Assistance

CREATIVE AUTOMOBILES is an online vehicle assistance, providing Bike repairing services in Mumbai. We provide end to end vehicle repair and maintenance solutions by trusted bike mechanics or vendors, regardless of the wheel configuration; two wheeler. Our prompt and high quality service is designed to cater to all our customer queries or requirements. We provide online repair support for those who are willing to address the minor vehicular issues on their own with our step by step visual guide. The name of service is Do It Yourself. With this service, we aim to equip our users with the basic knowledge needed to handle the minor issues without contacting a mechanic. Also, we provide affordable doorstep or workshop vehicle repair service with our or vendor or sub vendor team of trained professionals and certified mechanics. We give our users the option to book a mechanic online based on the customer-ratings and location irrespective of the time and nature of the issue. The above description may keep on changing based on the incorporation of new services or features at the website however, CREATIVE AUTOMOBILES does not guarantee that it will implement the changes at terms and conditions on a regular basis.

 

Further, service terms and conditions.

  • Our Do It Yourself (DIY) service or expert advice service can be used PAN India which is completely free for all the users.

  • DIY or expert advice information which is provided is generic information for bikes and cars. The tools, procedure and any other information may vary from vehicle to vehicle and there may be error or omission in the process suggested at the website or any other social network or any other business related page.

  • The information at DIY or expert advice is to educate the users to handle minor issues of vehicles by giving visual photos for generalized vehicles.

  • CREATIVE AUTOMOBILES is not liable to any operation or damage or any other issue which may arise which could happen due to our DIY service and its sole responsibility to the user.

  • Our service, Book a service or any other service limits to only a few cities of India. The company, however, has the rights to discontinue or extend the services in any given city and or area without prior intimation to its clients. The registered clients shall have no claim therefore.

  • CREATIVE AUTOMOBILES has communicated the complete generalized flow along with a tentative timeline of service on the website however, CREATIVE AUTOMOBILES does not guarantee follow of complete process and there will be slight omission or any changes on the flow as per CREATIVE AUTOMOBILES requirement. Any dispute or claims or rating regarding the same will be rejected without further discussion.

  • Customer to make sure that the vehicle does not have any prior traffic violations before handing over the vehicle for service. And if there are any pending violations, the customer will be held responsible for the same and the customer is liable to deal with the same.

  • Customer needs to make sure that the vehicle is handed over to the CREATIVE AUTOMOBILES technician only. And the person arranging for the repair will be considered as responsible for the vehicle and CREATIVE AUTOMOBILES will not perform any verification of legal papers, ownership, insurance etc. There is no age limit for handing over the vehicle, customers need to make sure that only authorized individuals hand over the vehicle to CREATIVE AUTOMOBILES.

  • In case of any unforeseen accidents, damages or act of god (floods, fire etc.) the customer needs to claim the same from the insurance company or from the workshop directly. CREATIVE AUTOMOBILES shall not and is not required to mediate or resolve any dispute or disagreement between customer and workshop as company work on a principle to principle basis to provide better service or options for customers.

  • Customers need to make sure that there are no illegal materials such as explosives, drugs etc. in the vehicle. If any illegal materials are found he/she will be liable for the same. When the vehicle is being taken to the repair centre if the vehicle is seized by police for prior traffic violations or cause of the accident on the way to the repair centre, the customer will be responsible to engage with police and technicians to solve the issue.

  • Customers need to make sure all the damages to the vehicle are reported before handing over the vehicle via email or any other written material to CREATIVE AUTOMOBILES. Any claims of damage to vehicles after the repair will not be entertained and CREATIVE AUTOMOBILES cannot be held liable for the same.

  • A complete diagnosis is done and that may take 30-60 min or the timeline informed by CREATIVE AUTOMOBILES based on the work. Upon acceptance of the diagnostics report the work on the vehicle will begin, the customer acknowledges that there may be changes or revisions to the original diagnostics report such as timeline, scope of work, specifications etc.

  • In case of cancellation of service, the customer is liable to pay charges for the diagnostics report or inspection or having a mechanic at the customer place. If the cancellation occurs after diagnosis, the vehicle will be assembled back as accurately as possible however it may not be 100% accurate due to already damaged parts or error or omission or any other reason.

  • Once a diagnostics report is sent to the customer, he/she needs to provide the approval within 30min or if there is no communication from the customer CREATIVE AUTOMOBILES will consider that the customer agrees for the repair and proceed with the repair. If the customer requests time to provide the approval he/she will be provided the same.

  • CREATIVE AUTOMOBILES will try to maintain consistency in pricing of services and spare parts, but customers acknowledge that there may be pricing variations/errors for spares and services.

  • Customers will be sent a pre-invoice which includes all the charges for the services and spare parts. Once the customer provides approval for the mentioned pre-invoice customer cannot cancel any of the services mentioned in the pre-invoices.

  • CREATIVE AUTOMOBILES may ask the customer for approval of any work or category of work prior commencing the work however customer should respond to the query or approval request (service approval, pre-invoice approval etc.) within 10 min of receipt of such intimation.

  • Once CREATIVE AUTOMOBILES receives an approval, the work can’t be cancelled.

  • Any approval which receives from the customer after 3.30PM of that day, may shift the delivery of the vehicle for the next day.

  • CREATIVE AUTOMOBILES does not guarantee, the vehicle will be delivered on the same day or customer requested time. The actual estimated time of delivery will be communicated to the customer via email in the report or call.

  • Vehicle successfully received by a customer is considered as his approval of work done and satisfaction.

  • Delivery location after service will be the same as the pickup location. CREATIVE AUTOMOBILES will try to accommodate change in delivery location if the location is within 5Km, CREATIVE AUTOMOBILES reserves the right to reject the change in location of delivery. Also the vehicle will be returned back to the same person who provided the vehicle for service, in case of change in the personnel to whom the vehicle is to be delivered, the customer is liable to make sure that personnel is reliable and also to make sure that the vehicle is delivered to the correct person. CREATIVE AUTOMOBILES is not liable for delivery to wrong personnel in such cases.

  • Customer is liable to provide complete information (name, contact number and address) and the correct person to whom the vehicle needs to be delivered.

  • If the customer wants the replaced spare parts to be returned he needs to inform before the work on the vehicle begins. Request for return of spare parts once the service is done cannot be complied with.

  • CREATIVE AUTOMOBILES uses OEM parts, OEM recommended parts or after reliable parts only. These parts are industry standards and reliability tested by the manufacturers only, CREATIVE AUTOMOBILES cannot provide proof of reliability to the customer.

  • CREATIVE AUTOMOBILES do provide the option to the customer to verify that the parts has been replaced by visiting any other CREATIVE AUTOMOBILES workshop or technician visit to his/her location at an additional cost. CREATIVE AUTOMOBILES will not consider the claim of a customer where a customer vehicle was inspected by any other third party or authorized service centre.

  • In cases where the vehicle has been washed, cleaned etc. the customer accepts that the vehicle may not be in pristine conditions when delivered as the vehicle will be subjected to environmental conditions during its delivery to the customers.

  • When the vehicle is delivered to the customer, he/she needs to make sure that the vehicle has been serviced to his satisfaction and should also make sure to take a test drive before taking the delivery.

  • If the customer wishes to visit the workshop, CREATIVE AUTOMOBILES will provide the approval for the same, but CREATIVE AUTOMOBILES reserves the right to deny the same based on other company factors.

  • If payment is not done by the customer after test drive, the vehicle will be taken back by CREATIVE AUTOMOBILES. Next delivery attempt will attract penalties towards the customer.

  • GST bills may or may not be issued based on government regulations.

  • CREATIVE AUTOMOBILES provides warranty on the service as mentioned below. Warranty is applicable only on the same issue which is repaired by CREATIVE AUTOMOBILES. If the issue is repeated due to interconnection problems or at any other area, there will be no warranty applicable.

    • General Service (Two wheeler) “ 1 Day.

    • Any Major Mechanic work (like engine work) “Will be confirmed based on work”

    • Bike Body Painting “Will be confirmed based on work”

  • In cases where the customer claims warranty a quality inspector will be sent by customer request and if the quality inspector concludes that the service has been done properly then the customer has to be paid for the quality inspector visit.

  • In case where the customer is not willing to provide the vehicle to be repaired under warranty no refunds or discount will be provided on the original invoice.

  • CREATIVE AUTOMOBILES may seek advance payment for any work being carried out on the vehicle as deemed fit by the company.

  • If the pickup and drop location is more than 5kms there will be additional charges which the customers have to pay and the amount will be informed to the customer based on the availability of slot or request at CREATIVE AUTOMOBILES.

  • Customer is not enter into any private agreements for service or any other work with the CREATIVE AUTOMOBILES mechanic/technician/vendor/sub-vendor and if the customers do not comply with the above customer will be penalized a non-negotiable amount and also legal action will be taken. In case the customer enters in private agreements with the CREATIVE AUTOMOBILES mechanic/technician/vendor/sub-vendor then CREATIVE AUTOMOBILES will not be liable for any damage, accidents or for any service.

  • Website users are prohibited from posting any reviews without availing CREATIVE AUTOMOBILES service first. Any false/exaggerated allegations, rumours that cause damage to brand value will face legal actions. And CREATIVE AUTOMOBILES customers are requested to report any issues with the service that’s been done to CREATIVE AUTOMOBILES first so that CREATIVE AUTOMOBILES can rectify the same.

  • CREATIVE AUTOMOBILES updates the status of work to the customer or the user of the vehicle via SMS/Call. If the customer vehicle stays at the workshop for more than 1 day then CREATIVE AUTOMOBILES will take the complete responsibility to take care of the vehicle, however, if any damage happens to customer vehicle then its sole responsibility of Service Provider (Workshop, vendor, and sub-vendor) and the customer. And other terms and conditions related to this clause of customer vehicle damage holds well. CREATIVE AUTOMOBILES also provides a towing facility for two wheeler. Vehicle-to-vehicle towing is dangerous, and may cause further damage to the vehicles, hence, we discourage vehicle-to-vehicle towing unless deemed required. Towing shall be provided by Cranes and the charges for the same shall be borne by the client as per invoice generated by CREATIVE AUTOMOBILES. Also, If CREATIVE AUTOMOBILES may do vehicle to vehicle towing and if there is any damage occur, CREATIVE AUTOMOBILES will not be held responsible and any claim in that regard, need to resolve directly with the sub-vendor or vendor or technician directly.

  • CREATIVE AUTOMOBILES will strive hard to provide quality service by continuing monitoring the work by business partners however quality of service may vary from vehicle to vehicle and to users. CREATIVE AUTOMOBILES will not take any claims submitted by users in this regard.

  • The ideal operation hour of CREATIVE AUTOMOBILES is 9:30 AM to 8:30 PM however actual time may differ as per business requirement

  • The breakdown services include services like vehicle not starting, battery jump start, fuel delivery, auto lock out, towing and minor issues related to cable and other part replacement at customer location.

  • CREATIVE AUTOMOBILES will try and ensure to provide service within the stipulated time (prompt support); however the company is not responsible for any delay caused by conditions beyond the control of company like, major issue with vehicle, not able to find route cause, traffic jams, riots, road block, route diversions, rain, any natural calamities, rallies, etc.

  • During the service, there may be some amount of fuel or consumables will get used for operation work and there will be no reimbursement provided on the same.

  • It will be the owner or users responsibility to take care of complete belongings before handing over to a mechanic or CREATIVE AUTOMOBILES personal and any claim of miss place of the parts will not be considered.

  • In case of improper use of services, non-payment of services charges, misbehaviour, or any other reason, CREATIVE AUTOMOBILES services shall or can be cancelled or stopped without any prior notice. The company reserves the right to do so without prior intimation.

  • CREATIVE AUTOMOBILES will not process any claims or refunds whatsoever. In extreme case company may discuss and process the claim which value not more than service value for that issue

  • For similar faults if occurred under warranty more than once, the service will be not provided in such case.

  • In case of warranty, the warranty time will be calculated from the first service date and there will be no warranty on subsequent service for the same issue.

  • Company reserves the right to file a claim/suit against the party / person / company whose cheque gets dis-honoured for whatsoever reason

  • Our services can be used only for those vehicles which are mentioned in our service page. If any models are not available then customer or users can request for the service of that model and CREATIVE AUTOMOBILES may accompany customer request

  • The rates mentioned at the website are only for labour charges, the spare parts and consumable will be charged extra unless and until it's stated that it’s included.

  • If any service is not mentioned in the service list, the price for those services will be communicated to users before commencing the work for approval.

  • CREATIVE AUTOMOBILES provides a few payment facilities which are mentioned on the web page. We do not support cash payment or any other payment terms mentioned on the web page. CREATIVE AUTOMOBILES also may implement more payment options without display of information whenever its available

  • If in case of any damage to vehicle by any means (like air, water, fire) or accident or other problem during handling of vehicle by our mechanic or when the vehicle at vendor workshop or after pickup by either technician/mechanic/CREATIVE AUTOMOBILES personal, it will be sole responsibility of users to maintain the proper insurance and claim the insurance from insurance provider. CREATIVE AUTOMOBILES will not participate in any of such cases and will not support customers to get the claim from either insurance or workshop or companies service providers or sub vendors.

  • CREATIVE AUTOMOBILES does not guarantee customer that all the workshop or vendor property or third-party property has require documents or process or service or insurance at vendor or workshop, CREATIVE AUTOMOBILES certify the workshop only based on its technical requirement, only to provide best workshop in terms of technical expertise to customer in that area.

  • Owner or customer, is handing over the vehicle to CREATIVE AUTOMOBILES at his/her own risk and the customer has to maintain the proper insurance for his/her vehicle. And if any issues or problems occur to customer property or vehicles, the customer should resolve the issue directly with the workshop or company's sub vendor or third-party. CREATIVE AUTOMOBILES does not take any liability of resolution of such issue and any claims made or compensation, customer should directly deal with CREATIVE AUTOMOBILES service provider or sub vendor or third-party or workshop.

  • Clause 4 - Creative Automobiles and the vendors would take the utmost care of the vehicle however as per the law, the customer agreed to settle any issues that happen with the customer vehicle or property under proper insurance or directly claim the compensation from the company's vendor or workshop.

  • CREATIVE AUTOMOBILES does not provide any warranty on parts.

  • If a customer cancels the service, the company may require at least 1 hour to deliver the vehicle back; however , the company may take its own time to deliver the vehicle without consulting the customer as per its other orders timeline or internal work.

  • In case of warranty claim, CREATIVE AUTOMOBILES does not guarantee that warranty work will be done at customer convenient time as there may be possibility that work will be postponed or rescheduled as per slot availability, logistic, availability of personal etc.

  • If a customer receives the vehicle and if there is any issue at the time of delivery will be considered as a warranty issue. Company will take care of warranty issues provided the customer is allowed to handle the warranty issue as per company preferred time. However, in any case, customers agree to make payment at the time of delivery itself. If there is any delay in payment from the customer, the vehicle will be taken back and 5% of the total bill penalty will be applied everyday till the next payment day. Further delay of payment attracts a legal case against the customer and company has the right to claim all the losses along with the interest rate on the total bill as mentioned above along with the required penalty.

  • Once the customer pays the bill of service, the customer agrees that he/she has received the vehicle at its satisfaction and if any issues comes, will be considered warranty provided it withstand the warranty clause mentioned in the agreement.

  • If a customer collects the vehicle or informs the company to hand over the vehicle without his presence to another person or to deliver the vehicle, it is deemed that the customer has agreed that the vehicle is in good condition. If at all, there is an issue with the vehicle, the customer will allow company work on the vehicle immediately or at least schedule the re-work with the company within 2 days. Failing that customer has agreed the vehicle is delivered as per his/her satisfaction. If a customer makes any claim after delivery acceptance, will not be considered other than warranty issues which are only for scope of work. Also, the customer agrees to make payment in any case, whether the delivery happens at his/her presence or not.

  • CREATIVE AUTOMOBILES try completely to provide very professional service in term of interaction with customer and at all stage, however, if any customer deals with any one of CREATIVE AUTOMOBILES representative unethically or un-professionally, or privately then CREATIVE AUTOMOBILES has all rights to terminate the service, communication and action towards customer property and raise legal action if require.

  • CREATIVE AUTOMOBILES shall not be liable for, or be deemed to be in default for, delay of or failure in delivery or performance of any other act under this Agreement due, directly or indirectly, to any of the following cause

  • Acts of God or the public enemies, civil war, insurrection or riot, fires, floods, explosions, earthquakes or serious accident, epidemics or quarantine restrictions, any act of government or any other civil or military authority, allocation regulations or orders affecting materials, facilities or completed equipment, strikes, labour troubles causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, accessories, equipment or parts, or transportation, or due to any other cause to the extent it is beyond Service Providers reasonable control or not occasioned by Service Providers fault or negligence.

  • Owner or customer, is handing over the vehicle to CREATIVE AUTOMOBILES at his/her own risk and the customer has to maintain the proper insurance for his/her vehicle. And if any issues or problems occur to customer property or vehicles, the customer should resolve the issue directly with the workshop or company's sub vendor or third-party. CREATIVE AUTOMOBILES does not take any liability of resolution of such issue and any claims made or compensation, customer should directly deal with CREATIVE AUTOMOBILES service provider or sub vendor or third-party or workshop.

  • Your Information Your privacy matters to us and we are committed to helping you protect your personal information. In order to provide the Services to you, when you sign in /up to the CREATIVE AUTOMOBILES, we will share Information you provided with certain third parties who assist us in providing the Services to you. Please see the CREATIVE AUTOMOBILES privacy policy for a detailed description of the information that is collected from you through the Site(s) in connection with the Services, how we may use that information, and the parties with whom that information may be shared. Reference. To access the Services, you will be required to sign in to your current account using your user name and password or create a new login. Your login credentials are for your exclusive use and may not be shared with any other person. You are responsible for maintaining the confidentiality of your login credentials and account information, and for controlling access to your information on the Site(s).

 

Contract Term

Your contact begins immediately upon your acceptance of these terms and conditions or use of our website or other business page of the company like social page etc. Your contract may terminate if (i) you cease to be a current CREATIVE AUTOMOBILES member, (ii) you cancel your Contract, or (iii) we terminate your contract because of your violation of CREATIVE AUTOMOBILES Terms and conditions Changes to Terms and Conditions
We may change the terms and conditions applicable to use of the Services at any time, or impose new conditions, including adding fees for use of the Services. Such changes may or may not be noticed to you, if notice may be provided by any means, including posting on the Site(s). Any use of the Services or access to the Site(s) after notice of the revised terms shall constitute your acceptance of such changes.

 

Proprietary Rights

The Services and Site(s) incorporate, contain and/or make available material that is or may be protected by intellectual property laws, such as those pertaining to patents, copyrights, trademarks and trade secrets, Including but not limited to the following material: computer code, text, graphics, user interfaces, Photographs, trademarks, logos, sounds, music, artwork, reports and any other material (Content). You acknowledge and agree that all rights in such Content belong to CREATIVE AUTOMOBILES and that you do not obtain any Ownership interest in any of the foregoing by virtue of your Contract or by downloading copyrighted Material. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) which may be affixed to or contained within any Content. You will not attempt to Reverse engineer, decompile or tamper with the Services, Site(s) or Content, in any way. Notwithstanding the foregoing, you are not allowed to use any data for your personal or commercial use other than services.
Unless expressly permitted by these Terms and Conditions, you will not modify, copy, reproduce, republish, post, publicly display, or otherwise distribute the Content, without the prior written consent of CREATIVE AUTOMOBILES.
Information provided by you when you sign up or during using the service to the Service, you may upload certain information, which may include information Such as: the make, model, vehicle number, service and repair history, and/or a photograph of your Vehicle. In addition, CREATIVE AUTOMOBILES may from time to time permit you to post comments or other information on the Site(s) in connection with the Service and rating. Any such comments or information must not include any materials that you consider to be confidential or proprietary, as CREATIVE AUTOMOBILES shall have no obligation to keep such comments or information confidential and will not provide you any compensation.
You represent that you have the right and all necessary permissions to upload or post any of the foregoing (User Information) and that such User Information does not contain any false, misleading, inaccurate, Incomplete, defamatory, libellous, offensive or otherwise inappropriate material or violate the intellectual Property, privacy or other rights of any third party. By uploading or posting any User Information, you expressly grant, and you represent and warrant that you have a right to grant, to CREATIVE AUTOMOBILES and it’s all affiliates, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, store, and display the User Information throughout the world in any media now known or hereafter developed, including, without limitation, in the Service and on the Site(s). Unless you expressly consent at the time of submitting such User Information, the foregoing shall not include any public use or display of your name, town, city or street address.

 

Use of the Services and the Site(s)

You are hereby granted a limited, non-exclusive and non-transferable license to access and use the Services in India solely for your personal, non-commercial use and only in accordance with these Terms and Conditions. This limited right is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CREATIVE AUTOMOBILES, in the manner permitted by this contract. You may not use the Services in any other manner or for any other purpose. CREATIVE AUTOMOBILES maintains one or more Site(s) that you may access in connection with the Services. You agree that you will not use or attempt to use the Site(s): (1) for any purpose or in any manner that is any way unlawful or prohibited, (2) to transmit any unauthorized or unsolicited advertisements or other commercial communications, (3) to transmit any viruses, (4) to interfere with any servers or networks associated with the Services; (5) to gain unauthorized access to any servers or networks associated with the Services, or (6) to impair or limit CREATIVE AUTOMOBILES ability to operate the Site(s) or provide the Services or any other person’s ability to access or use the Site(s) or the Services. Further, you agree that you will not sell or attempt to sell any Content, made available on or through the Services or on the Site(s). Unless expressly authorized by CREATIVE AUTOMOBILES you agree that, in connection with your use of the Site(s) and Services, you will only access or use information relating to you (and not to any other person) and/or you’re Vehicle or a Vehicle for which you have a legitimate purpose to seek the information, such as a potential purchase. You agree that you will access the Site(s) at your own risk.
 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE(S), AND THE INTERNET GENERALLY. You understand that CREATIVE AUTOMOBILES cannot and does not ensure continuous access to the Services or the Site(s). Access may be interrupted due to technical limitations, such as heavy use and server malfunctions, or other circumstances such as Internet connectivity or maintenance. We reserve the right to modify the Services and/or Site(s) at any time without your consent. Any use of the Services and/or the Site(s), including any Content provided thereby, for any purpose not expressly permitted in these Terms and Conditions is prohibited. You acknowledge that your failure to abide by these Terms and Conditions may subject you to cancellation of your Contract and/or civil and criminal liability.
Your Contract is non-transferrable and you may not assign these Terms and Conditions or any of your interests, rights or obligations hereunder. Third Party Sites the Site(s) may contain links to websites that are not owned or controlled by CREATIVE AUTOMOBILES whether of our affiliates or unaffiliated third parties (Third Party Sites). CREATIVE AUTOMOBILES does not monitor and has not necessarily reviewed the information on any Third Party Sites. CREATIVE AUTOMOBILES makes no representations or warranties of any kind with regard to any Third Party Sites, the information, products or services offered on them, or their terms of use, security or privacy practices. You should review the terms of use and privacy policy of each Third Party Site that you visit, and your use of any Third Party Site is at your sole risk.

 

SMS Messaging

Unless specified otherwise in your Contract preferences, if you provide us with your cell phone Number, you consent to receive CREATIVE AUTOMOBILES by text message. We do not charge a fee to send or receive text messages as part of the Services. However, text messaging and data rates charged by your service provider carrier may apply. Please check with your wireless carrier for applicable fees. You will be responsible for all text messages or data fees incurred in connection with CREATIVE AUTOMOBILES that we send to the cell phone number you provide to us.

 

No Warranty as to Accuracy of Information/No Advice

We make reasonable efforts to provide accurate and up to date information through the Services and the Site(s), but we do not guarantee the reliability or accuracy of any of the information provided on or through the Services and/or the Site(s). The information and services made available on or through the Site(s), including but not limited to Vehicle repair history, service providers, estimated values, maintenance reminders, ability to schedule appointments, repair alerts and lease information, is provided by CREATIVE AUTOMOBILES as a courtesy for the convenience of our members and residents of India. CREATIVE AUTOMOBILES does not give any advice or offer any opinion with regard to the value or suitability of any particular transaction or course of action. Some features of the site may be available or made available in future as per company requirement. The availability of information through a Site(s) does not
Constitute a recommendation by CREATIVE AUTOMOBILES to follow any particular course of action. Any decision that you make must be based solely on your own evaluation of such information and your circumstances and objectives. CREATIVE AUTOMOBILES recommends that you independently verify the accuracy, currency and reliability of any information made available via a Site(s) and upon which you intend to rely.
The information provided in the site or website is derived from various sources, including third party databases, records provided by independent repair shops, and users of the CREATIVE AUTOMOBILES services. CREATIVE AUTOMOBILES believes these sources to be reliable. BUT NO RESPONSIBILITY IS ASSUMED BY CREATIVE AUTOMOBILES OR ANY PARENTS, AFFILIATES, OR AGENTS FOR ERRORS INACCURACIES OR OMISSIONS.

 

Your Representations and Warranties

Without limiting the foregoing, by subscribing for and/or using Services, you represent and warrant that (a) You are at least 18 years old; (b) you are a current CREATIVE AUTOMOBILES member or a resident in CREATIVE AUTOMOBILES’s territory to avail certain service and India to avail other part of service. (c) You have read and agree to abide by these Terms and Conditions; (d) you are the legal, authorized owner or lessee of the Vehicle that you have described to CREATIVE AUTOMOBILES in connection with your Contract and you have the right to enroll the Vehicle in the CREATIVE AUTOMOBILES services; (e) you have read and agree to the CREATIVE AUTOMOBILES Privacy Policy, (f) all information provided by you in connection with your Contract is truthful, accurate and complete, and (g) you will not use the Services for any unlawful purpose or in violation of any applicable law. To the extent that any information you have provided in connection with your Contract becomes inaccurate or incomplete, you will promptly notify CREATIVE AUTOMOBILES.

 

Your Obligation to Indemnify

You agree to indemnify, defend and hold CREATIVE AUTOMOBILES and its affiliation partners, and each of their parents, agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties. (collectively Indemnified Person(s)) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Services and/or the Site(s) (including any Content) and/or your breach of any of these Terms and Conditions.
 

Disclaimer of Warranties, Limitations of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES OR SITE(S) IS AT YOUR SOLE RISK. NEITHER CREATIVE AUTOMOBILES NOR ANY INDEMNIFIED PERSON WARRANTS THAT THE SERVICES OR SITE(S) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SITE(S), OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, REPORTS OR MATERIALS PROVIDED THROUGH THE SERVICES OR SITE(S). THE SERVICES, SITE(S) AND ALL INFORMATION PROVIDED ON OR THROUGH THEM IS PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN ANY WARRANTIES THAT BY LAW CANNOT BE EXCLUDED. NEITHER CREATIVE AUTOMOBILES NOR ANY INDEMNIFIED PERSON MAKES ANY WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS PROVIDED ON THE SERVICE OR SITE(S), INCLUDING BUT NOT LIMITED TO THE OWNERSHIP, CONDITION, TITLE, REPAIR HISTORY OR VALUE OF SUCH VEHICLES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF THE SERVICES OR SITE(S), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER CREATIVE AUTOMOBILES NOR ANY INDEMNIFIED PERSON IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, OR THE ACCURACY OF ANY INFORMATION PROVIDED BY ANY USER, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL CREATIVE AUTOMOBILES, ANY INDEMNIFIED PERSON OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICES OR SITE(S) OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR SITE(S). YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT PROVIDED IN CONNECTION WITH THE SERVICES OR SITE(S). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CREATIVE AUTOMOBILES OR ANY INDEMNIFIED PERSON™S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR SITE(S) OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THE SERVICES OR SITE(S).

 

Discontinuation of Services/Site(s)

Except as otherwise prohibited by law and subject to the terms of any other written agreement between you and CREATIVE AUTOMOBILES, CREATIVE AUTOMOBILES may, in its sole discretion, terminate your use of the Services or any Site(s) at any time, for any or no reason. We reserve the right to change, suspend, or discontinue all or any aspects of the Services or any Site(s) at any time, without prior notice. Notwithstanding the foregoing, we will endeavour to provide advance notice of any termination of the Services or the Site(s). You acknowledge and agree that from time to time the Services and/or Site(s) may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions, Internet connectivity problems, periodic maintenance, or repairs or causes beyond the control of CREATIVE AUTOMOBILES. We respect the intellectual property rights of others and request that you do the same when using the Site(s). A copyright owner or its authorized agent may notify us of alleged copyright infringement by Material posted on the Site(s). If you believe that your copyrighted work has been used on the Site(s) in an infringing manner, you may notify us :CREATIVE AUTOMOBILES Your notification must include ALL of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

  2. Identification of the copyrighted work claimed to have been infringed

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, your email address.

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. These Terms and Conditions shall be governed by the laws of India (without regard to the rules governing conflicts or choice of laws). Any claim arising out of or relating to these Terms and Conditions, the Services and/or the Site(s) shall be settled by binding arbitration in India, Any such claim shall be arbitrated on an individual basis, not consolidated with another party claim. Judgment on the arbitration award may be entered into mutual discussion, and the arbitrator's award shall not be appealable or reviewable except as permitted by law. However,
    (a) each party may seek interim Relief mutually and CREATIVE AUTOMOBILES has complete rights to accept or reject the request. And
    (b) at its option, may bypass arbitration in cases of fraud or other crimes against it, interference with its technical operations or violations of its rights or property. Unless otherwise stated herein, these Terms and Conditions and the CREATIVE AUTOMOBILES Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter. In the event that any provision of these Terms and Conditions is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect. No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.

 

Consent to Conduct Business Electronically/Electronic Signature

You agree that CREATIVE AUTOMOBILES, on behalf of itself, and others, may send communications to you by e-mail at the e- mail address provided with your Contract and/or make communications available to you by posting them on the Site(s). By signing the Contract (through electronic acceptance), you agree to these Terms and Conditions. By selecting "I Agree" or other affirmative selection, whether manifested by words, use of a keypad, mouse click or other act, you are signing the Contract electronically. All rights not expressly granted herein are fully reserved to CREATIVE AUTOMOBILES and its licensors.

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