SAHAYATA GLOBAL ASSISTANCE PVT. LTD. PROVIDES VARIOUS SERVICES TO ITS USERS WHICH ARE DETAILED ON THE WEBSITE. SAHAYATA GLOBAL ASSISTANCE PVT. LTD. (HEREINAFTER REFERRED TO AS THE ‘SERVICES’). THESE SERVICES INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM SAHAYATA GLOBAL ASSISTANCE PVT. LTD. , WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES.
This End-User Services Agreement (“Agreement”) is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using SAHAYATA GLOBAL ASSISTANCE PVT. LTD.’s services (“User”), and SAHAYATA GLOBAL ASSISTANCE PVT. LTD. (hereinafter referred to as “The Company”).
- ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT: The Services provided by the Company are provided to the User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by the Company, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between a User and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
- REGARDING SERVICES: The Company does currently charge the User for the Services (though the Company may continue do so at any time in the future), but may charge higher fee for enhancements the User may elect to obtain. The Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the User. The User agrees that the Company shall not be liable to the User or any third party for any modification or discontinuance of the Services.
- USER’S REGISTRATION OBLIGATIONS: The User must be at least eighteen (18) years old to register for the Services. In consideration of use of the Services, the User agrees to: (a) provide true, accurate, current, and complete information about the User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by the User (“Registration Data”) is untrue, inaccurate, not current, or incomplete, the Company has the right to terminate User’s account and refuse any and all current and/or future use of the Services.
- USE OF REGISTRATION DATA: The User acknowledges that Registration Data is to be stored with the Company. The Company agrees not to contact the User if the User informs the Company of the User’s preference to not be contacted. The Company shall endeavour to restrict third parties from contacting the User.
The User agrees that the Company, or an authorized official of the Company may disclose Registration Data to third parties about the User as well as information about the User’s use of the Services, provided that such disclosures do not include the User’s name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) the User has authorized the Company to disclose such information; (b) such disclosure is required by law or legal process; or (c) the User violates any of the terms set forth in Section 7 below.
- USER CONTENT: The Company considers email transmitted via the Services to be the private correspondence (meant only to be sent to the company only) of the sender. The Company will not monitor, edit, or disclose the contents of a User’s private communications, except that the User agrees that the Company may do so: (a). as required by law; (b). to comply with legal processes; (c). if necessary to enforce this Agreement; (d). to respond to claims that such contents violate the rights of third parties; or (e). to protect the rights or property of the Company. The User acknowledges that the Company is not a “network service provider” under Section 79 of the Information Technology Act, 2000 and that the content posted to public community areas is publicly available and that the Company does not take any responsibility for such content. However, the Company reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation. The User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by the User is and may be required: (a). to send and receive messages; (b). to conform to the technical requirements of connecting networks; (c). to conform to the limitations of the Services; or (d). to conform to other, similar technical requirements. The User acknowledges and agrees that the Company does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
- COMMUNICATION TO USERS: Sahayata Global Assistance Pvt. Ltd. may communicate its registered users/ members via promotional and transaction Emails, SMS’s and calls to deliver information about its services, renewal, promo offers of it’s partners and alliances.
- USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY: The User may be asked to choose the first part of his/her user name, which will be followed by the “@” symbol and Company’s domain name (Example: YourNameHere@Example.com). The User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in the Company’s sole discretion. The Company shall own the User’s complete user name. The User will receive a designated password and account upon completing the registration process for the Services. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the User’s account. The User agrees to immediately notify the Company of any unauthorized use of the User’s password or account or of any other breach of security.
- USER CONDUCT: The User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. The User agrees to be solely responsible for the contents of the User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services. The user further agrees that the user shall be liable for all of the User’s private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services. The user further undertakes that he shall comply with all the provisions of the Information Technology Act, 2000 and also all rules, regulations and notifications made there under. The User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from India. The User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation. The User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. The User acknowledges and agrees that the Company may ban the User from future use of the Services if the User does not comply with the Company’s standards of conduct. Furthermore, the User acknowledges and agrees that the Company may recover damages from User if User violates these terms or any provisions of the Information Technology Act, 2000. Further, the user can be reported for his illegal conduct to the law enforcement agencies for appropriate action under the Information Technology Act, 2000, India Penal Code and such other laws as may be applicable. If in case the User comes to know of any of the above acts being done by another User or any of the provisions of this Agreement being violated by another user, then the User shall be under an obligation to inform the Company of such acts or violations so that appropriate action in this regard can be taken by the Company.
- INDEMNITY: The User agrees to indemnify and hold the Company, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Services, User’s connection to the Services, User’s violation of this Agreement, or User’s violation of any rights of another party.
- STORAGE OF COMMUNICATIONS: The Company assumes no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. The Company may establish in its sole discretion an upper limit on the extent of message storage it will maintain for the User.
- TERMINATION: (a) The User agrees that the Company, may terminate the User’s password, account, or use of the Services if the Company, believes: (i) that the User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that the User has violated the rights of the Company, or their third party service providers or other Users or parties. The User further agrees that the Company may terminate the User’s password, account, or use of the Services if the User (a). fails to use the Services at least one time within seven (7) days after initial registration (the “Initial Period”); or (b). fails to use the Services at least one time during any consecutive 30-day period following the Initial Period. (c). The User agrees that the Company may immediately delete the User’s account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. The User also acknowledges and agrees that termination of any of the Services may be effected without prior notice
- LINKS: The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, the User agrees not to include in email or community postings (or elsewhere via the Services) any “deep link” which leads to a web page, other than the home page, of another party’s web site unless such a link is authorized by the owner of that web site. The User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, or for the User’s use of deep links, and that the Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
- COMPANY’S PROPRIETARY RIGHTS: The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to the User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by the Company, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
- DISCLAIMER OF WARRANTIES: (a). THE USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (b). THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CONTENTS OF THE DISCLAIMERS DETAILED ON THE WEBSITE SAHAYATA GLOBAL ASSISTANCE PVT. LTD. MAY ALSO BE READ AS PART OF THE PRESENT AGREEMENT. (c). THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. (d). THE USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT THE USER’S OWN DISCRETION AND RISK, AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. (e). THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. (f). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COMPANY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY: (a). THE USER AGREES THAT THE COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b). THE USER FURTHER AGREES THAT THE COMPANY, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (c). THE USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH THE INDIAN COPYRIGHT ACT. (d). IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF Rs.100/-.
- AMENDMENT: The Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting and continued access or use of the Services shall be deemed to be the User’s conclusive acceptance of the modified Agreement.
- GENERAL: The Company’s third party service providers are intended beneficiaries of this Agreement. This Agreement and the relationship between User and Company shall be governed by the laws of INDIA without regard to its conflict of law provisions. User, Company, agree to submit to the personal and exclusive jurisdiction of the courts located within DELHI. The failure of the Company, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- ACTIVATION: The services will be activated after 24-48 Hours of payment clearance of purchase of online membership from our website SAHAYATA GLOBAL ASSISTANCE PVT. LTD. For the cheque payments; the aforesaid services will be activated after the successful realization and will take about 4-6 working days.
- SPECIAL EXCLUSIONS: The scenarios that have special exclusions under the prevailing conditions are as follows:
The Roads hereinafter called means Main Roads of city selected by the subscriber and does not include interior roads of any colony or service lane. Hence, customer will not be entitled to get the free service due to exceeding 29 minutes to attend the complaint for these type of roads.
In motor racing, rallies speed, or duration tests, practice runs or operated outside official roads. Any kind of force majeure.
Breakdown is caused by deliberate damage, vandalism or participation in a criminal act of offense.
The immobilization is resulting from damage caused by intervention of police or other authorities. Vehicles kept in a non-roadworthy condition or not serviced in accordance with the manufacturer’s recommendations.
The benefits (towing, Roadside Repair & Fuel supply) may vary based on different product offerings.
OTHER TERMS & CONDITIONS OF SERVICES
- Helpline services are for the vehicle and not for the person.
- Helpline service is available in Municipal limits of the city/cities listed under this service contract.
- It is mandatory for the customer to produce the membership details to avail the services. If the vehicle is repairable on road, towing/dropping will not be provided. Towing shall be provided to the nearest service station by our Service Vans only to those vehicles which are easily towable at additional cost i.e., *Rs 30.00 Per Kilometer.
- For heavy vehicles, towing shall be provided by crane at additional cost. Rates as per agreed by the clients.
- Fuel upto 5 litres at actual cost will be provided under emergency. Rates subjected to city rate of fuel.
- CNG and other gases/octane fuel is not provided under this service agreement.
- Tube repair/tube less tyre repair services shall be provided at actual cost, depending on total number of punctures in the tube/tube less tyre, the per puncture repair cost is variable and depends upon area to area. Service Charge will also be payable. Rs. 50/- will be charged extra in case of 2 deflated tyre.
- Vehicles older than 10 years shall not be accepted and any services rendered. In case the member registrations were taken erroneously; the same will be refunded provided that no service is availed.
- Company will try and ensure to provide service within the stipulated time of 29 minutes; however the company is not responsible for any delay caused by conditions beyond the control of company like traffic jams, riots, road block, route diversions, rain, any natural calamities, rallies, state bandh etc.,
- In case of misuse of services, non-payment of services charges, misbehave, helpline services shall/can be cancelled/stopped without any prior notice. The company reserves the right to do so without prior intimation.
- Company is authorized to add or change any or all the terms and conditions at its own discretion at any time without prior intimation.
- The company shall not be liable for any claims/refunds whatsoever. Rarest claims in extreme cases if any shall not exceed the residual value on per day prorate basis of registration period of the services fees paid by the customer.
- For similar faults, services will not be provided more than twice consecutively. Helpline service usage i.e., number of available service and tenure i.e., validity is subject to the service package subscribed by the customer. The same varies from city to city and are different subject to annual packages.
- The customer or his representative will have no claim against the company or its representative either civil, financial or criminal in nature pursuant to this helpline service in respect of death or injury of the customer or any other person or loss or damage to any other property caused by or due to equipment failure, negligence, breakdown, accident or fire on utilization of services during the validity of helpline services or at such time while the vehicle is under the process of repairs carried out by the company’s representatives.
- Company reserves the right to file a claim/suit against the party / person / company whose cheque gets dishonored for whatsoever reason. Membership will be activated only after additional payment of Rs. 139.00 towards cheque bouncing charge.
- If helpline service is availed without card activation or non-availability of card, a service charge of Rs. 300.00 (Rupees Three Hundred Only) will be charged. (Non Refundable).
- Helpline service is not valid for any commercial vehicle unless approved by the service provider under a separate term sheet.
- Roadside Emergency Services will not be provided on the day of Vishwakarma Pujan Festival.
- One membership is valid for one vehicle only.
- All disputes subject to jurisdiction of Delhi only.