• Subject to Your compliance with these Terms, You shall have the limited, non-exclusive, non-transferable, revocable right to (a) access and use the Platform and/or (b) book the Services through the Platform (“Booking”), including the right to download, install and use the Application in connection with this.

• 2.1. Your Account: You agree that You have to create an Account to make a Booking.
• 2.2. Acceptable Use: You agree not to (a) modify, adapt, or hack the Platform or otherwise attempt to gain or gain unauthorized access to the Platform or related systems or networks; (b) use the Platform, store or transmit any Customer Data in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights; (c) access the Platform to develop or operate products or services in competition with the Platform and/or the Services; (d) intentionally submit through the Platform any incomplete, inaccurate or false Customer Data; (e) use the Platform to store or transmit any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (f) use the Platform to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; (g) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Platform (through use of manual or automated means).

• 3.1. You acknowledge and agree that even after confirming a Booking, We cannot guarantee its availability. We reserve the right to reschedule or cancel such Booking.
• 3.2. You agree that We may, at Our discretion, change the Services offered by Us on the Platform atany time.

• 4.1. In case You require any assistance or support, You may access support resources or contact Our support by emailing at customer.help@fusionauto.in or calling our helpline at 89866 54392 (between 9.00 AM and 9.00 PM Monday to Saturday ).
• 4.2. You agree and acknowledge that We shall address and attempt to resolve the complaint received in accordance with Our standard policies and procedures, Your disapproval or discontent with the outcome or mode of redressal shall not be deemed to mean non-redressal of the complaint by Us. Any suggestions by Us regarding the Service shall not be construed as a warranty.

• 5.1. Except for the rights granted to You under clause 1, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Platform, including patents, inventions, copyrights, trademarks, domain names, trade secrets or know- how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us.
• 5.2. You grant Us a royalty-free license and right to aggregate, collect and analyze Customer Data relating to the provision, use, and performance of the Service(s) and to use such data to develop and improve the Service(s) including disclosure of such data to third parties in an aggregated and anonymized format. You agree that We may retain such data in Our possession even after termination of Your Account.
• 5.3. We shall have a right and license to incorporate into the Services or Platform or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.
• 5.4. All rights not expressly provided to You herein are reserved.

• 6.1. Charges: For every Booking You shall pay Us the charges in accordance with the pricing and payment plans displayed on the Platform (“Charges”).
• 6.2. Payment: You shall pay the Charges in accordance with the mode of payment made available to You on the Platform.
• 6.3. Cancellation and Refunds: You have no right to request a refund or cancellation for a Booking. Unless otherwise specified in these Terms, all Charges are non-refundable. No refunds shall be issued for cancellation of a Booking by You. In circumstances wherein We cancel a Booking for no fault of Yours, We shall refund the corresponding Charges.

• 7.1. These Terms will remain in effect as long as You are accessing and/or using Our Platform or Services.
• 7.2. Termination by You: You may terminate Your Account at any time for any reason by sending a notice to us on customer.help@fusionauto.in. Your Account will be deactivated within 30 days from the date of your notice.
• 7.3. Suspension and Termination by Us: We may suspend or terminate Your access and use of the Platform and/or any Service, at any time if You are in violation of these Terms or suspected to be in violation of these Terms. Further, We also reserve the right to terminate Your access and use of the Platform and/or Your Account at any time due to business reasons. In circumstances wherein Your Account is terminated by Us for breach of these Terms, You shall neither create a new account nor use a different account to access or use the Platform.
• 7.4. Effect of Termination: Following the termination of Your Account either by You or by Us, Your access and use of the Platform shall cease. Termination of these Terms shall not limit either Party’s liability for obligations accrued as of or prior to such termination.

• 8.1. If You choose, or are provided with, a user identification code, login, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We shall have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms. We will not be responsible for any activities, including any attempted or actual access or loss of data occurring in Your Account as a result of Your non-compliance of obligations under this clause.
• 8.2. You acknowledge that We shall Process Personal Information only to provide, maintain and improve the Platform, Our Services, or prevent or address any technical problems, or at Your request in connection with support requests and in accordance with Our privacy policy available at Privacy Policy.
• 8.3. You acknowledge and agree that We may access or disclose information about You, Your Account, including Customer Data in order to (a) comply with the law or respond to lawful requests or legal process; or (b) prevent any infringement of group companies’ or Our proprietary rights. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

• 9.1. THE PLATFORM, SERVICES, INCLUDING ANY PRODUCT PROVIDED TO YOU IN RELATION TO THE BOOKING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
• 9.2. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE PLATFORM, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
• 9.3. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT ANY CONTENT PROVIDED ON THE PLATFORM, WILL BE ERROR FREE OR UP-TO-DATE, DESPITE OUR BEST EFFORTS TO IMPROVE THEIR ACCURACY. WE SHALL NOT BE LIABLE FOR ANY SUCH ERROR.
• 9.4. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR (A) ANY DELAY OR UNAVAILABILITY OF THE PLATFORM OR IN RELATION TO A BOOKING; OR (B) ANY BREACH OF THESE TERMS BY US; IN CIRCUMSTANCES WHEREIN SUCH DELAY, UNAVAILABILITY OR BREACH IS DIRECTLY OR INDIRECTLY RELATED TO YOUR FAILURE TO COOPERATE WITH US.

• 10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST CONTENT, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO THE CHARGES PAID BY YOU FOR THE BOOKING DURING WHICH THE EVENT GIVING RISE TO SUCH LIABILITY OCCURRED.
• 10.2. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

• 11.1. Indemnification by You: You will indemnify and hold Us harmless against any claim brought by a third party against Us, Our respective employees, officers, directors and agents arising from Your acts or omissions in connection with clause 2.2 (Acceptable Use) of these Terms provided that (a) We promptly notify You of the threat or notice of such a claim, (b) You will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim; and (c) We shall fully cooperate with You in connection therewith.

• 12.1. Assignment: These Terms and any rights or obligations hereunder may not be assigned by You without Our prior written consent, whereas We can assign any of Our rights and obligations hereunder without Your prior written consent.
• 12.2. Amendment: We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Your continued use of the Platform and/or making of Booking following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment.
• 12.3. Severability; No Waiver: No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of these Terms.
• 12.4. Relationship of the Parties: These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.
• 12.5. Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 5(Intellectual Property Rights), 8(Term, Suspension and Termination), 9(Confidentiality and Data Privacy), 10(Disclaimer), 11(Limitation of Liability), 12(Indemnification), and 13(Miscellaneous) shall survive any termination of Our agreement with Yourself regarding the use of the Service(s).
• 12.6. Contact Us: You may contact Us if You have any enquiries or feedback in relation to these Terms, or if You wish to make any complain, in the following Email Address: customer.help@fusionauto.in
• 12.7. Contacting You: You agree that We may contact You through telephone, e-mail or any other means of communication for the purposes of obtaining feedback in relation to the Platform, Services and/or Booking; or for resolving any complaints. You agree to fully cooperate with Us in relation to such communication from Us. By providing any such suggestions or feedback, You agree that We can use and share such feedback for any purposes.
• 12.8. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of the Republic of India without regard to any conflict of laws principles and the Parties shall submit to the exclusive personal jurisdiction of the courts at Hazaribagh.
• 12.9. Entire Agreement: These Terms constitute the entire agreement, and supersede any and all prior agreements between the Parties with regard to the subject matter hereof.
• 12.10. Force Majeure: Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of the Platform or the Services caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Customer Data), or acts undertaken by third parties.

• Account: means the account created by You on the Platform for making a Booking.
• Application: means the FusionAuto mobile app
• Customer Data: means all electronic data, including without limitation Your Personal Information submitted by You to the Platform in connection with Your use of the Services.
• Personal Information: means data relating to a natural person which, either directly or indirectly, in combination with other information, is capable of identifying such a person.
• Platform: means the Application and/or the Website.
• Service(s): means the vehicle maintenance and/or repair services offered by Us to You through the Platform.
• Website(s) shall mean the websites owned and operated by Us including FusionAuto.