Purpose of MFCSL website

No information provided on this MFCSL website shall be considered as substitute for your independent investigation, qualified professional automobile advice. MFCSL website may unintentionally include inaccuracies or errors with respect to the description of the services. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. The offers, specifications, images and other details herein are only indicative and MFCSL reserves the right to change any or all of these in the interest of MFCSL. Services or Offer details (including cost) listed on MFCSL website is indicative in nature, actual product cost might be different. The visitor represents and warrants he / she is fully aware of the laws of India and the visitor is neither violating nor attempting to violate any law. MFCSL does not have any control over the results of searches carried out by You on MFCSL website. The result of any search for Service Providers conducted by You on MFCSL website shall not be construed as the opinion or preference of MFCSL

Eligibility to Use

2. The Workshop is an authorised franchisee of Mahindra First Choice Services Limited (“MFCSL”).You (“Customer”/ “you”) hereby agree and authorize the Workshop and MFCSL and all of its divisions, affiliates, subsidiaries, related parties and other group companies (collectively the “Mahindra Entities”; Workshop and Mahindra Entities are collectively called “we”/ “us” / “our”) to access your basic data / contact details provided herewith, i.e. your name, address, telephone number, e-mail address, birth date and / or anniversary date.You hereby consent to, agree and acknowledge that we may call/ email/ SMS you on any of the basic contact details shared by you, in order to assist you with the services availed by you or keep you informed regarding our service or product details, or send you any marketing and our other product or service related communication and our other offers. You confirm that you are providing the details herein at your sole discretion and confirm that you have full capacity and authority to provide the abovementioned details and these details are true and accurate. You promise that neither the Workshop nor any Mahindra Entity shall be held responsible or liable for any claim arising out of accessing or using your basic data / contact details shared by you. You also consent to being assigned a unique identity within the Mahindra Group, to be shared amongst all Mahindra Entities, for the purpose outlined in this paragraph. You also agree and understand that the Workshop, Mahindra Entities or their agency appointed for this purpose will retain the data provided hereunder for as long as reasonably required for the purposes mentioned above, or until you withdraw consent, after which they will delete all your data from their records and will forget you completely. You also agree that if at any point of time, you wish to stop receiving such communications from Mahindra Group, you will call at Mahindra’s designated call center* and register your preference. Call Centre Number: 1800224008 Or email us at customercare@mahindrafcs.com

Links to Third-Party Web Sites

Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by MFCSL of the linked websites, even if they may contain MFCSL logo, as such websites are beyond MFCSL control. MFCSL recommends reading such site's terms and conditions and/or privacy policies before using such websites. Thus, MFCSL cannot be held responsible for the content of any linked site or any link contained therein.

You acknowledge that framing MFCSL website, or any similar process is prohibited.

Intellectual Property (Copyrights and Trademarks)

MFCSL web site is the exclusive property of MFCSL. Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or html code is protected under the intellectual property laws and remains MFCSL or such third party's property, as the case may be.

You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of MFCSL's website without MFCSL's prior written authorization is prohibited.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole property of MFCSL and protected copyright. The mark 'Mahindra First Choice Any Car Services’ and the Logo indicated on each page is the trademark of MFCSL. The Trademarks mark 'Mahindra First Choice Any Car Services' and the Logo shall not be used in connection with any product or service that is not in any manner connected or provided by MFCSL that is likely to cause confusion among customers, or in any manner that disparages or discredits MFCSL. All other trademarks not owned by Mahindra First Choice Services Limited that appear on MFCSL website, are the property of their respective owners, who may or may not be affiliated with, connected to Mahindra First Choice Services Limited.

Except as expressly provided herein, you acknowledge and agree that, you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from MFCSL

Warranty and Liability

MFCSL does not warrant any results derived from the use of any software available on MFCSL website or website itself. You are solely responsible for any use of the materials contained in MFCSL site. MFCSL is only a facilitator between You and the Service Provider. Any contract for automobile-related services between You and the Service Provider shall strictly be a bipartite contract between You and the Service Provider. The information contained in MFCSL website does not extend or modify the warranty that may apply to you as a result of a contractual relationship with MFCSL. While MFCSL will use reasonable efforts to provide reliable information through MFCSL website.

You agree that MFCSL does not assure you the availability of appointment even after accepting and / or confirming the appointment. MFCSL shall made reasonable efforts to bring you in contact with the Service Provider in order to availed automobile repair service in or around your location at the time of your appointment request made to MFCSL.

MFCSL will not be liable / responsible for any illegal conduct of the Service Provider of automobile related services. However, MFCSL recommends you to notify about any complaints that you may have against the designated Service Provider. Any complaint / feedback posted by you on the MFCSL Website regarding any services availed by you may be required to be substantiated by accompanying evidence, as necessitated or requested by MFCSL. MFCSL shall not be liable for any delay or failure in the performance of any of its duties and obligations, to the extent that such delay or failure is caused due to a Force Majeure Event. MFCSL will not be liable for any indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in MFCSL website or any linked website. MFCSL shall not be responsible for any loss of communication / information of status update & benefits under any Services or program of MFCSL.

All this information will be send on mobile number &/or email ID registered with MFCSL. MFCSL will not be responsible for appropriateness of mobile or email or any other communication medium.

You will be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding appointment confirmation. MFCSL does not warrant that MFCSL website, its servers, or e-mail sent from its customercare@mahindrafcs.com are free of viruses or other harmful components. MFCSL will not be liable for any damages of any kind arising from the use of MFCSL website.

Procedure for availing the services of the Service Providers / booking an appointment: 1. In order to avail the Services, You shall be initially required to either log-in through the MFCSL website ; or dial the dedicated number of MFCSL ; or directly approached listed Service Provider (2) MFCSL is entitled to at all times verify the information that you have provided. You may only access MFCSL Website Service using the authorized means. It is your responsibility to check to ensure visit the correct website or dial-in the accurate call center number (3) MFCSL reserves the right to discontinue or introduce any of the modes of booking appointment (4). Upon receiving your request for appointment, MFCSL shall communicate the same to designated Service Provider and Service provider may accept or reject your appointment depending on the availability of Service Provider /time slot (5) The Service Provider has discretion over whether to receive the appointment request made by MFCSL. If the Service Provider accepts the booking request made by MFCSL, the MFCSL notifies you and provides the information regarding the Service Provider including its name, contact number etc. (6) You warrant that the information you provide to MFCSL is accurate and complete. (7) Even after acceptance of appointment, the Service Provider may not respond or decide not to render his services in which event MFCSL shall not be held liable to you. (8). MFCSL shall be entitled at any time without giving any reason or prior notice to terminate or cancel your appointment. Please note that MFCSL is not responsible for the behaviour, actions or inactions of Service Provider of quality of services which you may use (through us or otherwise). Any Contract for the provision of taxi services is between you and the Service Provider and not us .MFCSL simply provide a MFCSL Website to introduce Service Provider to you.

Charges and Payment: You will make payment in full to any designated Service Provider introduced to you through MFCSL for any services availed by you (although you may choose to use the application / payment gateways to facilitate such payment). You shall be required to pay charges for repair service to the Service Provider and the rates of can be found on the MFCSL Website. The repair charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current trip charges for the services. You agree that you will pay for all services/product you purchase from the Service Provider either by way of cash or debit card or credit card. In the event the payment cannot be accepted through credit card / debit card, you shall be required to pay the charges by way of Cash. Any payment made is non-refundable. At the end of the successful transition on MFCSL website, we will facilitate for you to receive a copy of the invoice from the Service Provider on your registered e-mail account with MFCSL. You are solely liable for the payment of all central, state and local levies, taxes, duties, fines and penalties (including without limitation service tax, sales taxes, value added taxes, excise and customs duties, if any) by whatever name called, as may become due and payable in relation to the automobile services .

Visitor/ User Comments

MFCSL does not assume any obligation to monitor the information that you may post on MFCSL website. You warrant that any and all information projects, files or other attachments sent to MFCSL ('Material') or comments other than personal data, that you may transmit to MFCSL through MFCSL website does not infringe Intellectual Property Rights or any other applicable law. Such information, feedback material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give MFCSL an unlimited and irrevocable license to use, execute, show, modify and transmit such information, material or comments, including any underlying idea, concept or know-how. MFCSL reserves the right to use such information in any way it chooses.

The visitor/ user shall not use or post any computer programs in connection with his/her use of the MFCSL website that contain destructive features such as viruses anomalies, self-destruct mechanisms, time/logic bombs, worm etc.

Notwithstanding anything, in no event shall MFCSL, their promoters, directors, employees and agents be liable to you for any or all damages, losses and causes of action (including but not limited to negligence), errors, injury, whether direct, indirect, consequential or incidental, suffered or incurred by any person/s or due to any use and/or inability to use MFCSL website or information or its links, hyperlinks, action taken or abstained or any transmission made through MFCSL website. MFCSL reserve right to initiate any action against you under applicable law for breach of any representation including appropriate actions for any defamation allegations. You will refrain yourself from doing anything which we reasonably believe to be disreputable or capable of damaging MFCSL reputation;

Book Appointment

It shall be the responsibility of the Service Provider to honour your service appointment. MFCSL is not responsible, and has no liability for the genuineness, the quality or completeness of the automobile-related services provided by the Service Providers to You, including any delay in the provision of automobile-related services by the Service Providers or cancellation of any service appointment made with a Service Provider by You through the MFCSL Website, or for any misconduct or fraud committed by a Service Provider or its employees, representatives, etc. MFCSL cannot be called upon to provide any guarantee/security with respect to the provision of automobile-related services by the Service Provider

'Ask our Expert' feature

It is explicitly understood and agreed by you that any answers/ advice/ suggestions recommendations made by MFCSL / its experts/ officers are to the best of their knowledge and that you will not completely rely on them. Further, it will not be the responsibility of MFCSL to pay any charges /claims/loss/cost of whatsoever nature due to any kind of damage caused due to such online advice, further it is agreed by you that you shall not take action of any nature against MFCSL.

Services Cost Estimator-Dent Estimator

MFCSL Website also provides for a service cost estimate tool. You can use this Tool to get a broad understanding of the work involved in relation to a particular issue or service request including repairing/servicing/maintaining the car and estimated costs across the different options available to him/her on the MFCSL Website. You understand and agree that (i) the estimate for services for each category is only indicative and not an actual projection of the service costs; (ii) the actual service fees charged by each Service Provider within a category may vary from that of another Service Provider in the same category; and (iii) the actual service fees may vary from the estimate service cost provided for a category on considering the analysis of damage caused and the type and extent of services required, in relation to the automobile, etc. You acknowledge and agree that MFCSL Website is not liable for quality assurance of any part or brand displayed on the Tool

Know Your Car

Car Anatomy, Glossary about word used for car & Automobile Care Tips (Seasonal Car Care Trips/ Pre Trip Tips)

The information contained under the Car Anatomy is standard information of the automobile structure. It should be taken as reference purpose only and may vary for different brand and make of the motor vehicle. For specific details you should refer to manufacturer. Terms referred in Tab Glossary shall be deemed the terms/words mutually chosen by the parties and no rule of strict construction shall be applied against any party.

MFCSL Website provide tips to make the travel trip at ease. The content on the service is not intended to substitute for professional advice of any kind. In particular, nothing contained in the service is or should be considered, or used as a substitute for, qualified professional automobile advice, diagnosis or repair. Always seek the advice of your automobile manufacturer, dealer, mechanic or other qualified professional with any questions you may have regarding automobile safety, maintenance, or repair. Never disregard or avoid professional automobile advice or delay in seeking maintenance or repairs because of something you have read on MFCSL website.

Service Center Locator (service center /fuel center)

It enables you to locate the nearest and relevant Service Provider/s. You can see the virtual contact details of Service Providers which are created by virtual cloud telephony technology and may not the actual phone numbers of such Service Providers. The calls made by the User to the virtual numbers may be recorded for internal training and learning purposes. For the Appointment Enabled Service Providers, only registered Users can make online bookings and make payments towards the same. You may conduct searches on the MFCSL website to look for Service Providers based on the selected search criteria. MFCSL website makes available general third party information and other data from external sources (“Service Provider Content”) for general informational purposes only. You acknowledge that the Service Provider’s Content provided to You is obtained from sources believed to be reliable. MFCSL does not provide any guarantee with respect to the truthfulness, credibility and the genuineness of any Service Provider Content and MFCSL shall not be held liable for any loss suffered by you based on your reliance on or use of such Service Provider Content.

Road side Assistance

If you have genuine requirement for the Roadside assistance services (listed on MFCSL platform) for your immobilized vehicle, you may avail the said services by enrolling your vehicle under the specific scheme offered by Third party Service Provider. This Service shall be provided only to immobilized vehicles which have been covered under the Program, as long as the breakdown has occurred at a place accessible by normal Vehicles and towing equipment. However, this Service may not be provided to an immobilized vehicle if it is already at a workshop or a garage. Roadside Assistance services shall be provided as per specific Terms of Use applicable over and above this terms and conditions. Any Compliant in respect to services provided or in respect of service charges shall be dealt by the Service Provider directly. Service liability of MFCSL shall cease either on completion of the in-situ repair or, wherever transfer is required, as soon as the Vehicle reaches the destined workshop or garage.

Service History

MFCSL also provides the details of service history carried out at listed Service Provider along with the Invoice details. Invoice details that are provided is only indicative and not an actual projection of the service costs for actual service costs please refer to the actual hard copy of invoice provided at the time of service.

Indemnification

By accepting these terms and using MFCSL Website, you agree that you shall defend, indemnify and hold MFCSL, its affiliates, its licensors, franchisee partners and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via MFCSL website , or (c) your use or misuse of MFCSL Website.

Applicable law - Severability

These Terms of Use are governed by the Indian Law. The courts in Mumbai have jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use. You will comply with all applicable laws to avail the services. You will compensate and defend us fully against any claims or legal proceedings brought against MFCSL by any other person as a result of your breach of these terms. MFCSL shall not and is not required to mediate or resolve any dispute or disagreement between You and the Service Providers. If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Term and Termination

The Agreement between MFCSL and you is concluded for an indefinite period. You are entitled to terminate the agreement at all times by disabling the use of MFCSL website. MFCSL is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of MFCSL website) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of MFCSL, misuse the MFCSL website. MFCSL is not obliged to give notice of the termination of the Agreement in advance.

Notice

MFCSL may give notice by means of a general notice on the Service or MFCSL Website, or by electronic mail to your email address on record in MFCSL's account information, or by written communication sent by regular mail to your address on record in MFCSL account information. In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the MFCSL Website, please report the same to the following e-mail id: customercare@mahindrafcs.com

Force majeure

MFCSL and its third party Service Provider shall not be under any liability for any breach whatsoever nature where such breach result from a cause beyond their reasonable control or contemplation

Modifications of the Terms of Use

MFCSL reserves the right to terminate, revoke, modify, alter, add and delete any one or more of the terms and conditions of the MFCSL website offered, at any time and without notice. You will be automatically bound by these modifications when you use MFCSL website, and should periodically read the Terms of Use.

MFCSL shall be under no obligation to notify you of the amendment to the terms and conditions and you will be bound by such amended terms and conditions. After having read and understood the disclaimer and copyright notice, you hereby agree to accept and abide by all the terms and conditions as mentioned therein at his sole responsibility.

Your use of MFCSL website is subject to the most current version of the Terms of Use made available on MFCSL website at the time of such use. All rights reserved. Copyright in all material on this website vests in Mahindra First Choice Services Limited and is protected under copyright.