PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS APPLICATION OR BOOKING SERVICES FROM THIS APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this Mobile Application, [Mobile Application Address] (the "Mobile Application"), TPS Garage PVT LTD. (Mgarage). ("MGarage") offer car care Service for Booking on this Mobile Application, or your Booking of Services available on this Mobile Application. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. TPS Garage PVT LTD. (MGarage) reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Mobile Application. TPS Garage PVT LTD. (MGarage) will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Mobile Application. Your use of the Mobile Application following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. TPS Garage PVT LTD. (MGarage) encourages you to review this Agreement whenever you visit the Mobile Application to make sure that you understand the terms and conditions governing use of the Mobile Application. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with TPS Garage PVT LTD. (MGarage) for other Services or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Mobile Application. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Mobile Application offers for Providing Car care Services. By placing an order for Services through this Mobile Application, you agree to the terms set forth in this Agreement.Customer Solicitation:Unless you notify our third party call center reps or direct TPS Garage PVT LTD. (MGarage) sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations TPS Garage PVT LTD. (MGarage) and its designated in house or third party call team(s).
Opt Out Procedure:We provide 2 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [customercare at gomgarage dot com].
Proprietary Rights. TPS Garage PVT LTD. (MGarage) has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by TPS Garage PVT LTD. (MGarage). TPS Garage PVT LTD. (MGarage) also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Service Tax. If you Booking any Service, you will be responsible for paying any applicable sales tax.
II. Mobile Application Content;
Intellectual Property; Third Party Links. In addition to making Services available, this Mobile Application also offers information and marketing materials. This Mobile Application also offers information, both directly and through indirect links to third-party Mobile Applications, about nutritional and dietary supplements. TPS Garage PVT LTD. (MGarage) does not always create the information offered on this Mobile Application; instead the information is often gathered from other sources. To the extent that TPS Garage PVT LTD. (MGarage) does create the content on this Mobile Application, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Mobile Application is for personal, noncommercial use. Any links to third-party Mobile Applications are provided solely as a convenience to you. TPS Garage PVT LTD. (MGarage) does not endorse the contents on any such third-party Mobile Applications. TPS Garage PVT LTD. (MGarage) is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Mobile Applications. If you link to third-party Mobile Applications, you do so at your own risk.
Use of Mobile Application; TPS Garage PVT LTD. (MGarage) is not responsible for any damages resulting from use of this Mobile Application by anyone. You will not use the Mobile Application for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Mobile Application (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Mobile Application by other users, (3) not resell material on the Mobile Application, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Mobile Application License. By using this Mobile Application, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Mobile Application in connection with your normal, noncommercial, use of the Mobile Application. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from TPS Garage PVT LTD. (MGarage) or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Mobile Application, you hereby grant TPS Garage PVT LTD. (MGarage) a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. TPS Garage PVT LTD. (MGarage) does not have the ability to control the nature of the user-generated content offered through the Mobile Application. You are solely responsible for your interactions with other users of the Mobile Application and any content you post. TPS Garage PVT LTD. (MGarage) is not liable for any damage or harm resulting from any posts by or interactions between users. TPS Garage PVT LTD. (MGarage) reserves the right, but has no obligation, to monitor interactions between and among users of the Mobile Application and to remove any content TPS Garage PVT LTD. (MGarage) deems objectionable, in Muscle UP Nutrition 's sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS Mobile Application AND/OR Services ARE AT YOUR SOLE RISK. THE Mobile Application AND Services ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPS Garage PVT LTD. (MGarage) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE Services OR Mobile Application CONTENT, OR ANY RELIANCE UPON OR USE OF THE Mobile Application CONTENT OR Services. ("Services" INCLUDE TRIAL Services.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TPS Garage PVT LTD. (MGarage) MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS Mobile Application IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.THAT THE LINKS TO THIRD-PARTY Mobile Applications ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS Mobile Application WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Services OR THAT DEFECTS IN Services WILL BE CORRECTED.
REGARDING ANY Services Booking OR OBTAINED THROUGH THE Mobile Application. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
TPS Garage PVT LTD. (MGarage) ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE Mobile Application CONTENT AND Services AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR Services Booking VIA THE Mobile Application.
TPS Garage PVT LTD. (MGarage) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE Services IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE Mobile Application CONTENT OR Services; (2) THE COST OF PROCURING SUBSTITUTE Services OR CONTENT; (3) ANY Services Booking OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE Mobile Application; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless TPS Garage PVT LTD. (MGarage), and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of </>
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) the Mobile Application content or your use of the Mobile Application content;
(3) the Services or your use of the Services (including Trial Services);
(4) any intellectual property or other proprietary right of any person or entity;
(5) your violation of any provision of this Agreement;
(6) any information or data you supplied to TPS Garage PVT LTD. (MGarage).
When TPS Garage PVT LTD. (MGarage) is threatened with suit or sued by a third party, TPS Garage PVT LTD. (MGarage) may seek written assurances from you concerning your promise to indemnify TPS Garage PVT LTD. (MGarage); your failure to provide such assurances may be considered by TPS Garage PVT LTD. (MGarage) to be a material breach of this Agreement. TPS Garage PVT LTD. (MGarage) will have the right to participate in any defense by you of a third-party claim related to your use of any of the Mobile Application content or Services, with counsel of TPS Garage PVT LTD. (MGarage) choice at its expense. TPS Garage PVT LTD. (MGarage) will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend TPS Garage PVT LTD. (MGarage) against any claim, but you must receive TPS Garage PVT LTD. (MGarage) prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Mobile Application or Services.
VII. AGREEMENT TO BE BOUND
By using this Mobile Application or ordering Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Mobile Application.
TPS Garage PVT LTD. (MGarage) will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation. TPS Garage PVT LTD. (MGarage) may at any time, in its sole discretion and without advance notice to you, cease operation of the Mobile Application and distribution of the Services.
Entire Agreement. This Agreement comprises the entire agreement between you and TPS Garage PVT LTD. (MGarage) and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of TPS Garage PVT LTD. (MGarage) to exercise or enforce any right or provision of this Agreement will 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 evertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other nprovisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Mobile Application originates from the Noida, Uttar Pradesh, India. This Agreement will be governed by the laws of the State of Uttar Pradesh without regard to its conflict of law principles to the contrary. Neither you nor TPS Garage PVT LTD. (MGarage) will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Uttar Pradesh. By using this Mobile Application or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree 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 Mobile Application or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. TPS Garage PVT LTD. (MGarage) reserves the right to terminate your access to the Mobile Application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Mobile Application and TPS Garage PVT LTD. (MGarage) may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Mobile Application is terminated, TPS Garage PVT LTD. (MGarage) reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Mobile Application. This Agreement will survive indefinitely unless and until TPS Garage PVT LTD. (MGarage) chooses, in its sole discretion and without advance to you, to terminate it.,/p>
Domestic Use. TPS Garage PVT LTD. (MGarage) makes no representation that the Mobile Application or Services are appropriate or available for use in locations outside India. Users who access the Mobile Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. TPS Garage PVT LTD. (MGarage) may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.BY USING THIS Mobile Application OR Booking Services FROM THIS Mobile Application YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.