Terms Conditions and Privacy Policy

Terms and Conditions:

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of use and practices for access and usage of any functional Platform.

This Platform is created and operated by M/s Wagonastha Services Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) a private limited company incorporated and registered under the provisions of the Companies Act, 2013 and operating under the brand name “Bookmygarrage”(“Brand name”) . We intend to ensure your steady commitment to the usage of this Platform for the purpose of service/vendor listing through our Website “www.bookmygarrage.com” and Application “BookMyGarrage” (hereinafter collectively referred to as “Platform”)

For the purpose of these Terms of use (“Terms of use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website and the application owned and operated by us. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be registered service provider listed on this platform and who are competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Platform, platform or individual apart from the users and the creator of this Platform.

GENERAL TERMS

The headings of each section in these Terms of use are only for the purpose of organizing the various provisions under these Terms of use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Platform.
The use of this Platform is solely governed by these Terms of use, Privacy Policy that may be uploaded on the Platform and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of use and Privacy Policy.
You expressly agree and acknowledge that these Terms of use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
You unequivocally agree that these Terms of use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of use and the Privacy Policy binding on you and that your act of visiting any part of the Platform constitutes your full and final acceptance of these Terms of use and the Privacy Policy.
We reserve the sole and exclusive right to amend or modify these Terms of use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

REGISTRATION

Registration is mandatory on the Service Provider Dashboard available on the Platform. Please note that you will not be able to list on the Platform without registration with valid details as requested to you and as specified under the Privacy Policy.

ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into legally binding agreements and that you have the requisite authority to bind themselves to these Terms of use or represent a minor as a legally authorised parent or guardian following the law. All acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
You further represent that you will comply with these Terms of use and all applicable local, state, national and international laws, rules and regulations.
You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

PAYMENT GATEWAY

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively,‘Content’), is generated/provided or based on information provided by the users or third parties and we have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform. All the Content displayed on the Platform is subject to copyright and shall not be reused by you (or a third party) without the prior written consent from us and the copyright owner. You are solely responsible for the integrity, authenticity, quality, and genuineness of the content provided on the Platform and whilst feedback and comments by you can be made via the Platform, we bear no liability whatsoever for any feedback or comments made by the other users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any user for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any user who is found to have created or shared or submitted any content or part thereof that is found to be 4 untrue/inaccurate/misleading or offensive/vulgar. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from us.

INDEMNITY

You agree to indemnify, defend and hold harmless us, and our respective directors, officers, employees and agents (collectively,"Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

Your use of the Platform,
Your violation of these Terms of use.
Your violation of any rights of another.
Your alleged improper conduct according to these Terms of use.
Your conduct in connection with the Platform.

You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle with any party without consent from us.

In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Platform and/or the services or materials contained therein.

LIMITATION OF LIABILITY

We are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
- If you have fed incorrect information or data or for any deletion of data.
- If there is an undue delay or inability to communicate through email.
- If there is any deficiency or defect in the services managed by us.
- If there is a failure in the functioning of any other service provided by us.
The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.
You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of use by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform, and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of use.
To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

These Terms of use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Platforms.
You may terminate your use of the Platform at any time.
We may terminate these Terms of use and close your account at any time without notice and/or suspend or terminate your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that we may discontinue the services and Platforms without any prior notice.

TERMINATION

We reserve the right, in its sole discretion, to unilaterally terminate your access to the Platform, or any portion thereof, at any time, without notice or cause.
We also reserve the universal right to deny access to you, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other users to the Platform.
We reserve the right to limit, deny or create different access to the Platform and its features concerning different users, or to change any of the features or introduce new features without prior notice.
You shall continue to be bound by these Terms of use, and it is expressly agreed to by you that you shall not have the right to terminate these Terms of use till the expiry of the same.

COMMUNICATION

By using this Platform and providing your identity and contact information to us through the Platform, you agree and consent to receive calls, e-mails, or SMS from us and/or any of its representatives at any time.

You can report to “8686531818/9632533131” if you find any discrepancy about Platform or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained herein above, it may be contacted by us relating to any services availed by you on the Platform or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

Agree to provide genuine credentials whenever required on the Platform. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
Agree to ensure the Name, Email address, Mobile number and any such other information that may be provided and shall keep your information accurate and up to date.
Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Platform.
Understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.
Agree not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.
Expressly agree and acknowledge that the Content generated by the users and 8 displayed on the Platform is not owned by us and that we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.

You further undertake not to:

Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform).
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The user may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Platform, or any other viewer of the Platform, including any user account maintained on the Platform not operated/managed by the user, or exploit the Platform or information made available or offered by or through the Platform, in any manner.
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s).
Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform.
Violate any applicable laws, rules, or regulations currently in force within or outside India.
Violate any portion of these Terms of use or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification or otherwise. i. Commit any act that causes us to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Platform.
You hereby expressly authorize us to disclose all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
By indicating your acceptance to use any services offered on the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
You agree to use the services provided by us, our affiliates, consultants and contracted companies, for lawful purposes only.
You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the registration and debar you from using the Platform without prior intimation whatsoever.
You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

If you are in breach of any of these Terms of use or the Privacy Policy.
If you have provided wrong, inaccurate, incomplete, or incorrect information.
If your actions may cause any harm, damage or loss to the other users or us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other third party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the creators. You are aware that we merely provide the Platform through which you can communicate with other users and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by you that the contents of this section shall survive even after the termination or expiry of these Terms of use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.
You agree that any kind of information, resources, activities, recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
We do not guarantee that the features and content contained on the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Platform.
It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of use and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms of use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore, Karnataka, India.

You expressly agree that the Terms of use, Privacy Policy and any other agreements entered between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms of use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure at any time to require performance of any provision of these Terms of use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of use.
Severability: If any provision/clause of these Terms of use is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of use shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact us: If you have any questions about these Terms of use, the practices of the Platform, or your experience, you can contact us by emailing at info@bookmygarrage.com

PRIVACY POLICY

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Platform.

This Platform is created and operated by M/s Wagonastha Services Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) a private limited company incorporated and registered under the provisions of the Companies Act, 2013 and operating under the brand name “BookMyGarrage” (“Brand name”). We intend to ensure your steady commitment to the usage of this Platform and the services provided by us through our Website “www.bookmygarrage.com” and Application “BookMyGarrage” (hereinafter collectively referred to as “Platform”)

This Privacy Policy (“Policy”) shall apply to you who shall be the users and the customer on the services provided by us on the Platform. To provide you with our uninterrupted use of the Platform, we may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of your privacy, we provide this notice explaining our information collection and disclosure policies, and the choices you make about the way your information is collected and used.

This Policy shall follow the General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Policy, including in relation to the manner of collection or use of your information, please do not use, or access the Site. If you have any questions or concerns regarding this Policy, you should contact our Customer Support Desk at 8686531818/9632533131.

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

INFORMATION WE COLLECT

We are committed to respecting your online privacy. We further recognize your need for appropriate protection and management of any personal information you share with us. We may collect the following information:

Information collected from the user
- Personally Identifiable Information such as Name, Address, Mobile Number, Email Id
- Information collected for authenticationa of registration such as OTP
- Device Permission such as Google Location, Pick up location, drop location,
- Company information with GSTIN to raise invoices.
Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. This information may include the URL that you just came from (whether this URL is on the Platform or not), which URL you next go to (whether this URL is on the Platform or not), your computer or device browser information, and other information associated with your interaction with the Platform.

This privacy policy also applies to data we collect from any users merely visiting the Platform, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by you from time to time on the Platform. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient, and safe experience, customized to your needs including:

To enable the provision of services opted for by you.
To enable the viewing of content in your interest.
To communicate the necessary service-related information from time to time.
To allow you to receive quality customer care services and data collection.
To comply with applicable laws, rules, and regulations.

Where any service requested by you involves a third party, such information as is reasonably necessary by the company to carry out your service request may be shared with such a third party. We also do use your contact information to send you offers based on your interests and prior activity and also to view the content preferred by you. The company may also use contact information internally to direct its efforts for service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the ‘unsubscribe’ button or through an email to be sent to info@bookmygarrage.com.

To the extent possible, we provide you with the option of not divulging any specific information that you wish for us not to collect, store or use. you may also choose not to use a particular service or feature on the Platform and opt-out of any non-essential communications from the Platform.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself and informing our customer care team about any suspicious activity.

OUR USE OF YOUR INFORMATION

The information provided by you shall be used to provide and improve the service for you and all users.

To provide you with services on your request.
To undertake a dispatch to you.
For maintaining an internal record.
For enhancing the Services provided.
For maintaining record under the legal and statutory provisions.

For more details about the nature of such communications, please refer to our Terms of Service. Further, your data may be collected and stored by us for internal record. We use your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you. We will not sell, license, or trade your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.

Information collected via our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences.

HOW INFORMATION IS COLLECTED

Before or at the time of collecting personal information, we may identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request us to elucidate the purpose of collection of said personal information, pending the fulfilment of which you shall not be mandated to disclose any information whatsoever.

We will collect and use your personal information solely to fulfil those purposes specified by us, within the scope of the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.

EXTERNAL LINKS ON THE PLATFORM

The Platform may include advertisements, hyperlinks to other Platforms or resources. We have no control over any other Platform or resources or contents available on these other Platforms, which are provided by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services, or other materials on or available from such Platform or resources. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, services, or other materials on, or available from, such Platforms. These external third-party Platforms and resource providers may have their privacy policies governing the collection, storage, retention, and disclosure of your personal information that you may be subject to. We recommend that you enter the Platform and review their privacy policy.

YOUR RIGHTS

The General Data Protection Regulation("GDPR") gives certain rights to you concerning your data. As available and except as limited under applicable law, the rights afforded to users are:

Right of access - the right to be informed of, and request access to, the personal data we process about you;
Right to rectification - the right to request that we amend or update your data where it is inaccurate or incomplete;
Right to erasure - the right to request that we delete your data;
Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your data;
Right to object - the right, at any time, to object to us processing your data on grounds relating to your situation and the right to object to your data being processed for direct marketing purposes;
Right to data portability - the right to request a copy of your data in electronic format and the right to transmit that personal data for use in another party's service; and
Right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

CONFIDENTIALITY

You further acknowledge that the Platform may contain information that is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services, and you retain sole discretion to seek for discontinuation of such communications at any point in time.

OTHER INFORMATION COLLECTORS

Except as otherwise expressly included in this Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Platform or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.

COOKIES

We use data collection devices such as “cookies” on certain pages of our Platform. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available using a “cookie”. Cookies can also help us provide information that is targeted to your interests. We use session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognize your computer and 'remember' what you have done on the site. The benefits of this are:

You only need to log in once if you are navigating secure areas of the site.
Our server can distinguish between your computer and other users, so you can see the information that you have requested.

You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Platform. We also use various third-party cookies for usage, behavioural, analytics and preferences data.

GOOGLE ANALYTICS

We use Google Analytics to help us to understand how you make use of our content and work out how we can make things better. These cookies follow your progress through us, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by Google to create reports. These cookies do not store your personal data.

The information generated by the cookie about your use of the Platform, including your IP address, may be transmitted to and stored by Google on its servers. Google may use this information for the purpose of evaluating your use of the Platform, compiling reports on Platform activity for us and providing other services relating to Platform activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this Platform, you consent to the processing of data about you by Google in the manner and for the purposes set out above. The Google Platform contains further information about analytics and a copy of Google's privacy policy pages.

OUR DISCLOSURE OF YOUR INFORMATION

Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made thereunder or any other law for the time being in force.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We do however assure you that any disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

External Service Providers: There may be several services offered by external service providers that help you use our Platform and our services such as and including the 3 rd Party Logistical service providers and delivery agents. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or permit them to collect information about you, then their use of your information is governed by their privacy policy.
Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud, and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose our legal liability.

RETENTION PERIODS

We may retain your personal data for as long as you have registered with us or any of the abovementioned legal basis for personal data processing still exists. For example, if you unsubscribe from our marketing, newsletter, or blog emails, we will stop the processing of the personal data for such purposes. If you have used our Services by creating an account, we will keep your personal data as long as necessary to comply with our legal obligation to retain information relating to provision of services, for example, for tax purposes.

After terminating your relationship with us by deleting your account or otherwise ceasing to use our Services, we may continue to store copies of your (and in regard to Merchants, your customers' personal data) as necessary to comply with our legal obligations, to resolve disputes between you and us (or you and your customers), to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests (to the extent that we are permitted by the applicable law to continue to store copies to protect our legitimate interests).

SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed.

SEVERABILITY

Each paragraph of this Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall not affect the remaining paragraphs of this privacy policy.

AMENDMENT

Our Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be on the Platform. Any amendments to this Policy shall be deemed as accepted by you on your continued use of the Platform.

CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL REQUESTS

To withdraw your consent, or to request the download or delete your data with us for any or all our services at any time, please email to info@bookmygarrage.com.

CONTACT US

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to info@bookmygarrage.com.

COOKIES POLICY

The Platform owned and operated byM/s Wagonastha Services Private Limited (“We”, “Us”, “Company”, “Our”). We use Cookies on our Platforms BookMyGarrage and www.bookmygarrage.com. By using these Platforms and our Services, you consent to the use of Cookies unless otherwise expressly accepted by you through or on our Platforms.

Our Cookies Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on the website, your choices regarding cookies and further information about cookies.

What are cookies?

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser or the application used by you and allows us or a third party to recognize you and make your next visit easier and provide you with your service preference.

How we use cookies?

When you use and access our Platform, we may place several cookies files in your web browser.

We use cookies for the following purposes:

to enable certain functions of our Platform to you,
to provide analytics
to store your preferences,
to enable advertisements including behavioral advertising.
to enable delivery

We use both session and persistent cookies on the Platform, and we use different types of cookies to run the service of our website such as and including but not limited to:

Essential cookies. We may use essential cookies to authenticate all the users and prevent fraudulent use of your accounts that may be created. These cookies are strictly necessary to provide our Platform or online service. For example, we and our Service Providers may use these cookies to authenticate and identify visitors when they use our platform so we can provide our service to them. They also help us to enforce our Terms of Use, prevent fraud and maintain the security of our services. Lifespan: Most cookies are session cookies (which are only active until you close your browser) or are cookies which are only active for one day. Some cookies are active for a longer time, ranging from 3 to 12 months. The cookies used to prevent fraud and maintain the security, or our services are active for a maximum period of 24 months.
Performance and Functionality Cookies These cookies help us to customize and enhance your online experience on the Platform. For example, they help us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during member sign up). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about our visitors' use of the platform so that we can enhance and customize our Platform and service and conduct market research. Deletion of these types of cookies may result in limited functionality of our service. Lifespan: Most cookies are only active for one day. Some cookies are active for a longer time, ranging from 3 to 12 months.
Third-party cookies: In addition to our cookies, we may also use various third-parties’ cookies to report usage statistics, deliver advertisements on and through the Platform, and so on.

What are your choices regarding cookies?

If you would like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Note that from time to time we may make amendments to which cookies are listed in the opt- out tool. For more information on us, please visit our Terms of Use and Privacy Policy.

REFUNDS AND CANCELLATION

We thank you and appreciate your use of our Platform. Please read this Refund, Return and Cancellation Policy (“Policy”) which shall elaborate the refund, return and cancellation conditions, and process and other important information and guidelines about your rights and obligations as our registered user, concerning any purchase you make through our platform or avail any service through the service provider listed on our platform. The Policy concerning shall be following the clauses as set forth below:

Return Requests

The Platform undertakes to provide its Services through either Vendors listed on the Platform who shall undertake to sell their products through the Platform or through authorised Service Providers who will undertake to provide their services on the Platform. In any situation if a product being delivered to you is damaged on the delivery, we will undertake to accept a Return Request towards the same upon the Product fulfilling the following criteria:

Product damaged on delivery
Proof towards the receipt of the damaged product
Product beyond use and acceptance.

Upon any and all of the above condition’s fulfilment, we will undertake to accept a Return Request for the Product.

In this case, the default return address is:

Wagonastha Services Private Limited

68/1, First Floor, Opp to Spectra Raaya Apartment, Nallurhalli-Siddapura Raod, Siddapura, Bengaluru - 560066

When we receive the returned shipment, it will be updated with the concerned Vendor and an update will be sent to you by email registered with us.

Refund Process

We will undertake to thoroughly verify and only upon a verification, we will reconcile the refund request and shall proceed to issue a refund to any of the one method as chosen by you and specified below.

We further undertake to issue a Wallet Payment method where the user can undertake to receive the refund in the wallet available on our Platform.

All refund shall be issued to you within 10 working days from the date of the acceptance and acknowledgment of the Refund Request.

You can choose to accept refund through either:

Source of Payment
Wallet
Credit Note

Exchange Terms

Certain Vendors listed on our Platform undertake to entertain an exchange request post the delivery of any Product sold by them. The same shall vary from Vendor to Vendor and we will redirect you to the Vendor for further clarification on the same.

Cancellation Policy

We will accept a cancellation request if the Vendor or the Service Provider is unable to delivery its Services or dispatch the products from their location.

You may undertake to cancel your Service Request or Order Request under the following conditions:

Upon raising a request and before the pick up of the vehicle – we will not undertake to charge any cancellation fees towards the same.
Upon raising a request and after the pick-up of the vehicle - we will undertake to deduct the pick up charges that shall have to be paid to the concerned Service Provider and will refund the remaining amount paid by you through the Platform.

Additionally, we will undertake to charge an amount as determined by the Service Provider upon the concerned pick up partner exceeding 5 kms from the pick-up location. We will undertake to inform you regarding the same before we send the acknowledgement and confirmation of the cancellation request.

As a user, you have the right to cancel upon placing the request for the services. In case we receive a cancellation notice, and the order has not been processed by us, we shall cancel the order immediately and refund the entire amount back as credits into your account. If we have already printed and shipped the product, we will not be able to approve the cancellation request.

In such cases, the product follows the normal lifecycle process.

The company at its sole discretion may cancel any order(s):

if it suspects a user has undertaken a fraudulent transaction, or
if it suspects a user has undertaken a transaction that is not following the Terms of use
in case of unavailability of a service
for any reason outside the control of the company including causes of logistical difficulties
if the company does not want to provide the user with services

We maintain a negative list of all fraudulent transactions and non-complying users and reserve the right to deny access to such users at any time or cancel their request placed by them in future. Not with-standing this policy, any specific terms and conditions mentioned on the service page, and/or as agreed with a user before/during/after the transaction, will override the terms and conditions mentioned herein in case of a conflict.

DISCLAIMER POLICY

The platforms are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties for a particular purpose, title, and non-infringement. Besides, while we attempt to provide a good user experience, we do not represent or warrant that

The platform will always be secure
The platform will always function without delays, disruptions, or imperfections OR
That any content, user content, or information you obtain on or through the platform will be timely or accurate.

You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which will be our responsibility.

We will not be responsible for any damage suffered by you from the use of the platform provided and the services available or provided on/through the platform or the content on this platform. This includes but is not limited to, loss of revenue/data resulting from delays, as may occur because of any act/omission of parties. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

We also make it clear that we shall not be held liable for any damage/hurt/inconvenience caused to you through the course of usage of the platform and/or the services provided by the service provider or the content or as a result of the actions not in our control. We make no representations or warranties as to the conduct of any of the vendors or service provided listed on the platform.

The content on the platform are intended to be subject to availability, without any promises or guarantees on the same by the company or by the platform, and while certain information available on the platform is the property of the company and the company endeavours to keep the said information updated and accurate, the company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the platform or the information, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

We bear no responsibility whatsoever for any consequences arising from the use of the platforms by you. The use of the platforms are at your sole responsibility (or legally authorised person on behalf of the user), and in case of any negligence on the part of the user is acting on the same shall not be construed as imposing any liability, direct or indirect, on us.

We disclaim all responsibility and owns no liability to users for any outcome (incidental, direct, indirect or otherwise) from the use of the platforms. In no event will the company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the platforms.

Through these platforms, you can link to other platforms which is not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.

The user understands and agrees that any material or data downloaded or otherwise obtained through the platform is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data.

Terms of Service, Privacy Policy