Terms of Use

These Terms of Use (together with the documents referred to in them) govern your use of our platform and its related websites, services, applications, and tools. By using the services you confirm that you accept these Terms of Use and that you agree to abide by them.

PART A – INFORMATION ABOUT US

The “Cartisan” platform is operated by Xenon Automotive India Pvt Ltd (“We”). Contact details can be found on our website at cartisan.in.

PART B – TERMS APPLICABLE TO CUSTOMERS

Part B of these Terms of Use sets out certain terms and conditions which are applicable to any person registering as a Customer and using the Services of Cartisan

1. Registering as a Customer

In order to benefit from all the features of the Services available you will need to Sign-Up with us by filling the Sign-Up form. You will be asked to provide certain information about yourself including your name, contact details and vehicle information. You must ensure that the information provided by you is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.

2. Provision of Services to Customers

Following Sign-Up, we will make certain services available to you free-of-charge. The services will include the ability to search Dealer / Service providers for automotive repair or servicing work you need a Dealer / Service provider to perform for your vehicle, ability to view detailed profile of Dealers / Service providers and their services prices and ratings information and the ability to post feedback and ratings in relation to any Dealer / Service provider you have used as a result of your use of the platform. We reserve the right to add, change or remove services from our platform at any time, and may make certain services chargeable at our discretion.

You must only book a service if you have a genuine requirement for the work detailed to be performed. You must only post Feedback in relation to a Dealer / Service Provider if you have used them as a result of your use of the website.

We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.

3. Provision of Payment Platforms to Customers

Some services made available for booking to you include the opportunity to make payments facilitated through our service. Such payments will be made using trusted third party payment gateways.

By making a payment through Cartisan, you undertake that the credit or debit card details, or third party wallet login credentials that you provide are for your own credit or debit card, or wallet account, and that you have sufficient funds to make the payment for the services booked.

We reserve the right to alter prices or services or cease to list services at any time, without prior notice or warning.

The total price shown for services is inclusive of the items described for that service and may not include additional services found to be required at the time of availing your service. In such a case the service provider will discuss any change in scope with you and additional agreements or payments where required are made between you and the service provider with no involvement of Cartisan.

Payment options provided may differ between service providers, and services offered. In cases where cash on delivery (COD) is not available as an option, full payment must be made for through a payment option offered to you before services are provided to you.

In cases where cash on delivery (COD) is offered and selected as a payment method, full payment must be made directly to the service provider at the time of service completion.

In cases where a form of online payment is offered and selected you must complete the payment in full to successfully make the booking. Payment details provided are not stored by Cartisan and are encrypted by the payment provider selected to ensure security.

If you decide to cancel your appointment, you may do at any time, preferably by phone, quoting your order number, or in the Mobile Application.

If we accept your cancellation, no cancellation fee will be charged, however no refunds will be available.

4. Our Responsibilities to you

We will provide Cartisan Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the Cartisan Services as a Customer you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:

Although we have asked all users to use Cartisan responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive of Dealer Partners. This includes any information contained about details of Dealers who are listed in our directory or quality of service you may receive from Dealers you avail using Cartisan or price of services offered by Dealers.

If you use Cartisan you also acknowledge and agree that information contained in any sections are intended to be indicative only and will not form the basis of a binding contract between you and any Dealer. If you choose to instruct a Dealer to carry out any work for you as a result of your use we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a Dealer as a result of your use of Cartisan.

PLEASE NOTE: We (Xenon Automotive India Pvt Ltd) will not under any circumstances have any responsibility to you or liability to you for the performance or quality of any work which you ask any Dealer to carry out.

PART C – TERMS APPLICABLE TO PARTNERS (SERVICE PROVIDERS)

Part C of these Terms of Use set out certain terms and conditions which are applicable to any person or business registering as a “ Partner” on our Website

1. Registering as a Partner (Service Provider)

In order to benefit from all the features of Cartisan available to Dealer Partners you will need to register with us. You will be asked to provide certain information about your business including your business name and contact details, services and pricing, working hours, location details. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively.

2. Provision of the Services to Dealer Partner

Following registration, we will make certain services available to you. The services will include the ability to include details of your business on our platform, the ability to view or receive details of Customer Service bookings which have been posted by Customers and the ability to accept bookings and share service status updates with Customers.
Full details of the services available to Partners on our platform will be published on our Website from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.

3. Our Responsibilities to you

We will provide Cartisan Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use The Services as a Dealer you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:

You acknowledge and agree that we will enable Dealers to register and get listed based on criteria which we (in our absolute discretion) may determine from time to time. In addition you acknowledge that the number of Service bookings which may be posted or transmitted to a Dealer in relation to any particular customer may be limited in number. Accordingly, we do not provide any guarantee that registering as a Dealer will result in you being invited to receive any particular volume of Service bookings. Nor can we guarantee that your use of Cartisan will result in you winning any work or any particular volumes or work.

You acknowledge and agree that we do not check or verify the details of any Service Bookings which are posted. We have asked all users to use Cartisan responsibly but cannot guarantee the accuracy, integrity or quality of any information which is posted by third parties.

By registering as a Dealer Partner you also understand and agree that Customers who have used your services will be able to provide Feedback and Ratings. Whilst we have asked all users to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (Xenon Automotive India Pvt Ltd) shall not have any responsibility to you or liability to you for any Feedback which is posted by any Customer and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or incorrect, contact us and we will investigate but we shall not be obligated to take any action.

5. Your Responsibilities

You agree to abide by the Terms of Use when using Cartisan which we make available via online media such as website, mobile apps and SMS.

You shall be solely responsible for checking and verifying the details of any service booking which is posted before you agree to undertake any work for a Customer and for agreeing with the Customer the terms and prices of services on which any work will be performed.

You shall be responsible for complying with all applicable laws and regulations in your dealings with Customers and for the performance and quality of any work which you agree to undertake for any Customer.

PLEASE NOTE: By registering as a Dealer Partner and by using Cartisan you are agreeing to indemnify us and hold us harmless from any costs, losses or claims which may result from any information you submit or transmit via Cartisan or from any work which you agree to perform for any Customer

PART D – GENERAL TERMS APPLICABLE TO ALL USERS

Part D of these Terms of Use set out certain terms and conditions which are applicable to all users of this platform including Customers and Dealer Partners

1. Passwords and Security

If you register to use Cartisan Services you will be given a username and password. You must keep your ID confidential and must not disclose it or share it with anyone. You are responsible for preventing unauthorised use of your ID.

If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.

2. Acceptable Use Policy

The Services allow registered users to create, edit and submit material for inclusion on or transmission via Cartisan, including (without limitation) by creating Dealer profile, posting service bookings, responding and updating status of bookings and posting ratings feedback for automotive services. Whilst we do not seek to monitor or control the submission of information, we do reserve the right to delete, move and edit any Material submitted where (in our absolute discretion) we consider it prudent or necessary to do so.

You agree to comply with all applicable laws and regulations when using Cartisan. You are solely responsible for all Material you submit for inclusion on or transmission via Cartisan. You must ensure that all Material you transmit is lawful and honest. In particular you must not post or transmit any Material that:

  • is fraudulent, dishonest or misleading;
  • is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
  • encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
  • infringes the copyright or other rights of any third party;
  • is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

By submitting Material to us you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the Material on or through Cartisan for the purpose of operating services.

3. Disclaimers

Whilst we endeavour to ensure that the information available on or through Cartisan is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), Cartisan permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

Although we aim to offer you the best service possible, we make no promise that Services will meet your requirements. We cannot guarantee that Services will be fault free or continuously available. Your access to Cartisan may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.

4. Liability

To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of Cartisan or any fault or problem relating to or any content received via Cartisan.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which can not be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms and Conditions.

5. Termination of Services

We may suspend or cancel your registration and/ or terminate your access to Cartisan if you are in breach of these Terms of Use or have made improper use of The Services.
You may cancel your registration at any time by informing us in writing. If you do so you must stop using The Services.

The suspension, cancellation or termination of your registration and your right to use The Services shall not affect either party’s statutory right or liabilities.

6. Intellectual Property

Unless otherwise stated, the copyright, database right and other intellectual property rights in Cartisan (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to us or our licensors. All rights are reserved.

7. Privacy and Cookies

The Cartisan platform includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy. We use cookies on our website. By registering use you are consenting to our use of cookies

8. General

All notices shall be given to us via email or by post using the contact details set out in the Contact Us section, or to you at either the email or postal address you provide during registration.

We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website.

9. Applicable Law

These Terms and Conditions will be subject to the laws of Bangalore India and the courts shall have jurisdiction to resolve any disputes between us.

These Terms of Use were last updated on 28th September 2015.