Upcomer Terms of Service
This web site www.Upcomer.com including the mobile site, Smartphone App Platforms such as iOS, Android, Windows is published and maintained by Upcomer, a company incorporated and existing in accordance with the laws of the Republic of India (together with its subsidiaries and other affiliates, us, We, our or Upcomer). By accessing or using the Site or by using the Service on the Site you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. When you access any sub-site, webpage, hyperlink (whether belonging to an associate of Upcomer or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.
Upcomer may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. You shall re-visit the Terms & Conditions link from time to time to stay abreast of any changes that the Site may introduce.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS FOR AVAILING SERVICE
The Terms and Conditions is a legal contract between you being, an individual customer, user, or beneficiary of this service, and Upcomer having its registered office in Bangalore.
Upcomer acts as an Intermediary solely to assist customers in gathering car service, determining the availability of car service products and services, making legitimate services or otherwise transacting business with car service station, and for facilitating car service requirements. You acknowledge that Upcomer merely provides intermediary services in order to facilitate services to you. Upcomer is not the last mile service provider to you and therefore Upcomer shall not be deemed to be responsible for any lack or deficiency of services provided by any person or entity including car repair, selling or similar agency), you shall engage, hire from the content available on the Site.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
You possess the legal authority to create a binding legal obligation and enter into these Terms of Use.
You will use this Website in accordance with the Terms of Use.
You will use this Website to make only legitimate reservations for you or for another person for whom you are legally authorized to act.
You will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
You will provide your proper and accurate Name, Address, Email ID, Mobile Number. You will be solely responsible for the Information provided and in case of any error or mistake in provision of information, Upcomer will not be liable for the same
All information supplied by you on this Website is true, accurate, current and complete.
If you have an online account with this Website, you will safeguard your login details: login ID and password and will supervise the same. You will be completely responsible for any use or misuse of your account by you and anyone other person other than you.
Upcomer retains the right in its sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.
COMMUNICATION POLICY OF THE SITE
Upon transacting on the Site, you will receive an e-mail from Upcomer informing the status of your transaction. The e-mail will be sent to e-mail address provided by you and Upcomer is not responsible towards the receipt of the said e-mail in your inbox. You will have to take due care and caution. You are responsible for entering the proper and accurate contact details including your name ,email ID to ensure that we can effectively communicate with you.
The customer acknowledges that the SMS (Short Messaging Service) provided by Upcomer is an additional facility provided for the customers convenience. It is not mandatory under the law in force to provide SMS service alerts to the customers. In case you do not receive any SMS for whatsoever reason, Upcomer is not liable for the same.
Any grievance regarding the service should be communicated as per the grievance policy laid out herein.
SITE AND ITS CONTENT
This Site is only for your personal use. You shall not copy, license, adapt, distribute, exchange, modify, sell or transmit any content or material from this Site, including but not limited to any text, images, audio, video or links for any business, commercial or public purpose.
Upcomer grants you a non-exclusive, non-transferable, limited right to enter, view, use and transact on this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions and provide certain details. Answers to such questions and details is mandatory. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
You understand that except for information, products or services clearly indicated as being supplied by Upcomer, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Upcomer cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
Upcomer may add, change, discontinue, remove or suspend any other Content or services posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
OWNERSHIP
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and intellectual property laws. You cannot use or license the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by Upcomer or otherwise. By displaying them on this Site, Upcomer is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, civil and criminal statutes.
The content and information on this Website (including, but not limited to, price and availability of car services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers.
AVAILABILITY, RULES OF SERVICE
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. The products and services also are subject to availability, Upcomer shall not be responsible if at the time of completing the transaction on the Site, the product is not available or is sold out. You should check with customer support (add hyper link) for the availability of specific products and services in your area.
All the products and services available on the Website are governed by the rules of service and regulations including the terms of contract of carriage, of the respective service provider. You are requested to refer to, acquaint and abide by those rules of service and regulations of the respective service provider, prior to booking with us.
Upcomer RIGHTS
If you send any communications or materials to Upcomer by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by Upcomer, as non-confidential.
You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Upcomer uses such material.
Any material submitted to this Site may be adapted, broadcasted, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Upcomer anywhere in the world, in any medium, forever.
OTHERS RIGHTS
If this Site contains bulletin boards, chat rooms, blogs, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents thereof as may be required by law
Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of anothers computer
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
Falsify the origin or source of software or other material contained in a file that is uploaded
Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
use this Website or its contents for any commercial purpose;
make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Website (including, without limitation, the purchase path for any booking) for any purpose without our express written permission; or
frame, mirror or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Not to host, display, upload, modify, publish, transmit, update or share the following:
If your booking or account shows signs of fraud, abuse, or suspicious activity, Upcomer may cancel any car service reservations associated with your name, email address, or account, and close any associated Upcomer accounts. In addition, Upcomer may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Upcomer reserves the right to take any necessary legal action and you may be liable for monetary losses to Upcomer, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Upcomer Customer Service.
Upcomer reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Upcomers systems as well as its clients interests are and remain, well-protected. Towards this end, Upcomer may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
If Upcomer, in its sole and exclusive discretion, concludes that the said transactions are not or do not reasonably appear to be, authentic, enforceable or valid, then Upcomer may cancel the said orders at any time up before the scheduled time of service or before the expected date of service(s)
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Upcomer does not cause Upcomer to have any special responsibility to you.
The copyright in the contents of this website belong to Upcomer. Accordingly Upcomer reserves all rights. Copying of part or all the contents of this website without permission of Upcomer is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
OFFERS, CONTESTS AND INTERACTIONS
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each offers, contest and interactions has its own rules, which you must read and agree to before you participate.
DISCLAIMER AND NO WARRANTIES
You acknowledge that Upcomer is an intermediary and is not liable for any 3rd party (suppliers) obligations due to rates, quality, and all other instances, whether to any such subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected.
The materials on this site are provided and as available, with all faults basis and without warranties or representations of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Upcomer, Upcomer Affiliates and their respective suppliers. The material in this Site could include technical inaccuracies or typographical errors. Upcomer may make changes or improvements at any time. To the fullest extent permissible pursuant to applicable law, Upcomer disclaims all warranties of merchantability, relating to the information and description of the third party products or any other car products displayed on this website (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. CarService or any other ratings displayed on this website are intended as only general guidelines, and Upcomer, Upcomer Affiliates and their respective suppliers do not guarantee the accuracy of the ratings. Upcomer, Upcomer Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. Upcomer may make improvements and/or changes on this website at any time. Upcomer and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
Upcomer does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction
Upcomer does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as, Car products owners and service providers.
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Upcomer does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
GENERAL PROVISIONS
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, save, and hold Upcomer, its affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.
In no event will Upcomer be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites. In no event will Upcomer or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Upcomer, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less.
PRIVACY POLICY
Upcomer believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy policy: http://www.Upcomer.com/privacy-policy/
NOTICE
Upcomer may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means.
WAIVER
The failure of Upcomer to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Upcomer.
ARBITRATION
As the acceptance terms of Use constitute a valid and binding agreement, Upcomer may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim referred to and decided by a Sole Arbitrator appointed and nominated by Upcomer and you by agreeing to the terms and conditions herein consent to the Arbitration. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of Arbitration shall be English.
Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of Upcomer (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
GOVERNING LAW AND FORUM FOR DISPUTES
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Upcomer must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
GRIEVANCE POLICY
Upcomer strongly believes in a sincere and transparent approach to its users. You trust and love us and we would never put growth before trust. This policy document aims at minimizing instances of customer complaints, grievances and disappointments via channelized approach, review and redressal.You can file a grievance / share feedback if you are disappointed with the services rendered by Upcomer or any other issues. You can give your grievance / feedback through email or snail mail.In order to make Upcomer redressal channels more meaningful and effective, a structured system has been put in place. This system will ensure that the complaints are redressed seamlessly and well within the stipulated timeframe.
You should write your service ID provided at the time of booking along with your Contact number in all further communication with us regarding a particular issue. This enables us to help to resolve the grievance faster.
If payment is done via Upcomer and Service not availed user can request a refund. We will process the refund request by end of the day. Please contact customercare@Upcomer.com in case you need any assistance.
CANCELLATION POLICY:
Please call customer care to cancel a confirmed booking at 91 99722 04561
PAYMENT SECURITY:
Upcomer.com ensures that every transaction you conduct online is in a safe and secure environment. To achieve this, we are tied up with quality Payment Gateway in which transaction happens via SSL.The process of encryption takes your credit card information and converts it into bits of code that are securely transmitted over the Internet. This scrambled data cannot be read as the information travels over the Internet. Your credit card details may be shared with our service providers or vendors to the extent deemed to be necessary.
If you are more comfortable with giving your credit card information over the phone, you can call our Customer Service Centre 91 99722 04561.If you have any additional queries or concerns please email us and we will reply within 24 hours.
DISCLAIMER FOR WARRANTY / LIMITATION OF LIABILITY:
Upcomer has endeavored to ensure that all the information on the website is correct, but Upcomer neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Upcomer makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website or service provided by the service stations of any OEMs.
Since Upcomer acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Upcomer be liable for the services provided by the service provider.
Upcomer does not endorse any advertiser on its website in any manner.The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
LINK TO THIRD PARTIES:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Upcomer or the Website and Upcomer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Upcomer is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Upcomer is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Upcomer or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
ACCESS TERMINATION:
Upcomer reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
PROPRIETRY RIGHTS:
The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
GOVERNING LAWS:
This agreement and each TOS shall be governed by and constructed in accordance with the laws of india without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore.
USER OBLIGATIONS AND ACCOUNTS:
Without prejudice to the other remedies available to Upcomer under this agreement, the TOS or under applicable law, Upcomer may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
The user is in breach of this agreement, the tos and/or the documents it incorporates by reference;
Upcomer is unable to verify or authenticate any information provided by the user; or
Upcomer believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Upcomer.
Upcomer may at any time in its sole discretion reinstate suspended users. once the user have been indefinitely suspended the user may not register or attempt to register with Upcomer or use the website in any manner whatsoever until such time that the user is reinstated by Upcomer. notwithstanding the foregoing, if the user breaches this agreement, the tos or the documents it incorporates by reference, Upcomer reserves the right to recover any amounts due and owing by the user to Upcomer and/or the service provider and to take strict legal action as Upcomer deems necessary.