These Terms of Service (the “Terms”) are intended to make you aware of your rights and responsibilities with respect to your access to and use of the Open Bonnet Mobile Application (the “App”) and any related website or software applications (collectively known as “OB Platform”) including but not limited to delivery of services, products and information via OB Platform whether existing now or in the future that links to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future OB Platform users. Please read these Terms carefully. By downloading, accessing or using the OB Platform, you are agreeing to these Terms and entering into a legally binding agreement with OB Tech-FZCO and/or its affiliates (hereinafter collectively referred to as “OB”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the OB Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
These Terms comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding these Terms of Service.
“User” means a person who accesses or uses the Service/Application/OB Platform.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Serviceor Application in connection with the Services.
“OB Content” means content that OB creates and make available in connection with the Services associated with your account andall other elements and components of the Services excluding Your Content and Third Party Content.
“Third Party Content” means content that comes from parties other than OB or its users and is available on OB Platform.
- User hereby represents and warrants that he/she is at least eighteen (18) years of age or above and is fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- No individual may register as a member of the OB Platform more than once.
- For registration as a member of the OB Platform, its mandatory to provide certain personal information like name, age, contact details subsequent to which User’s login credentials shall be created.
- Compliance with all laws and regulations in the country in which User live when User access and use the Services is mandatory. User agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
4.User undertakes, represents and warrants that
- User will inform OB of any postings, items or transactions which appear to be in violation of these Terms of Service.
- User shall comply with all applicable domestic and international laws and regulations regarding and relating to User’s use of OB Platform.
- Information User provides on OB Platform in respect of services User wish to procure shall be as accurate as reasonably possible.
- User will not disclose his/her contact details including but not limited to phone numbers, addresses, or email addresses to workshops or vendors on OB, or anywhere on the Site including the Feedback area, discussion forum or through any feature of OB Platform intended to bypass role of OB, unless required as per the OB Platform processes or workflow.
5.Termination of User’s access to the Services
- User can deactivate his/her Open Bonnet account at any time by contacting us via “Contact Us” link in the App or OB website.
- We may terminate User’s use of the Services and deny user access to the Services in our sole discretion for any reason or no reason, including but not limited to violation of these Terms or if OB believes (in its sole discretion) that User’s actions may cause legal liability for himself, other users or to OB.
- User agree that any termination of User’s access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete User’s account and all related information.
- If User uses the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from User’s use of the Services.
- Further, User agrees that we shall not be liable to User or any third party for the discontinuation or termination of User’s access to the Services.
Notwithstanding the foregoing, if User breaches these Terms, OB reserves the right to recover any amounts due and owing by User to OB or any losses and damages caused by User to OB and to take such steps including legal action and/or the initiation of criminal proceedings against User as OB in its sole discretion deems necessary. Our failure to act with respect to a breach by User or others does not constitute a waiver of OB’s right to take any actions with respect to that, or subsequent or similar breaches.
6.Personal Information and Communication
User agrees that we may communicate with User by email, App notifications, Mobile SMS or any other form of electronic communication. User agrees that all communications/ documents that we provide to User electronically satisfy any legal requirement that such communications be in writing. User agrees that OB can contact User using above mentioned means to let User know about
User’s job/purchase related updates, any new changes on OB Platform, features, promotions or other such activities which are currently or may be in future a part of the OB Platform. If, at any time, User decides that he/she does not wish to receive promotional communications, User can opt out of by following the instruction given in that particular communication.
9.User Warranties/ Representations
- By using the Application or Service, User expressly represents and warrants that User is legally entitled to enter this Agreement. User must abide by age limits defined under these Terms and User must not use the Application or Service. User’s participation in using the Service and/or Application is for User’s personal use and the use of others that have explicitly authorized User. User may not authorize others to use User’s status, and User may not assign or otherwise transfer User’s account to any other person or entity.
- User must keep his/her account credentials confidential and is solely responsible for maintaining the confidentiality and security of his/her account, all changes, updates submitted and all activities that occur in connection with the account.
- In creating an account, User represents to us that all information provided to us in such process is true, accurate and correct, and that User will update User’s information as and when necessary in order to keep it accurate. User agrees to provide OB with valid proof of identity which OB may reasonably request.
- User acknowledges that some of the Services on OB Platform accept only Credit & Debit Cards (MasterCard/Visa) issued in the UAE and agrees that payment through this mode is mandatory for the completion of User’s chosen Service and related procedures.
- User agrees to use the data owned by OB (as available on the OB Platform or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with OB in writing.
- User agrees to notify us immediately of any unauthorized use of the account in order to enable us to take necessary corrective action. User also agrees that he/she will not allow any third party to use his/her OB account for any purpose and that User will be liable for such unauthorized access.
- User agrees that User will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). User shall not: (i) delete or revise any Content or information posted by any other User(s); (ii) engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited; (iii) send or post infringing, obscene, threatening or other objectionable Content violative of third party privacy rights; (iv) send or post any Content containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (v) attempt to gain unauthorized access to the OB Platform or its related systems or networks.
- OB grants User a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. User shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. User may use information made available through the OB Platform solely for his/her personal, non-commercial use.
- User agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of the OB Platform’sContent in whole or in part except as expressly authorized by OB. Except as otherwise expressly granted to User in writing, we do not grant User any other express or implied right or license to the Services, OB Content or OB’s IP Rights. Any violation by User of the license provisions contained in this Section may result in the immediate termination of User’s right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
- User acknowledges and agree that User are solely responsible for all User Content that User make available through the Service or Application. Accordingly, User represent and warrant that: (i) User either are the sole and exclusive owner of all User Content that User make available through the Service or Application or User have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under these Terms; (ii) neither the User Content nor User’s posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) Car(s), address(s), display picture or any other profile information posted by User belongs solely to the User or User have the full right to use them.
- We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, User hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Company does not claim any ownership rights in any User Content and nothing in this. Terms will be deemed to restrict any rights that User may have to use and exploit any User Content.
- If User shares or sends any ideas, suggestions, changes or documents regarding OB Platform’s existing business (“Feedback”), User agree that (i) User’s Feedback does not contain the confidential, secretive or proprietary information of OB or its affiliates, (ii) OB is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis
- OB may have already received similar Feedback from some other user or it may be under consideration or in development, and
- By providing the Feedback, User grant us a non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and User irrevocably waive, against OB and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- If User’s Content is a Feedback, User represents and warranties that he/she is the sole author of that Feedback; the Feedback reflects an actual experience with Service Provider that the User had and he/she was not paid or otherwise remunerated in connection with User’s authoring or posting of the Feedback; & User had no financial, competitive, or other personal incentive to author or post a Feedback that was not a fair expression of User’s honest opinion. User Feedback will be displayed along with user-ID on the OB Platform & cannot be retracted once submitted. OB will not be responsible or liable in any way for the User Feedbacks.
- Notwithstanding the abovementioned clause, OB or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to OB or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when OB’s products or marketing strategies might seem similar to ideas submitted to OB. If, despite our request to not send us User’s ideas, User still submits them, then regardless of what User’s letter says, the following terms shall apply to User’s Submissions.
- i. User’s Submissions and their Contents will automatically become the property of OB, without any compensation to User;
- ii. OB may use or redistribute the Submissions and their contents for any purpose and in any way;
- iii. There is no obligation for OB to review the Submission; and
- iv.There is no obligation to keep any Submissions confidential.
- User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or OB Platform.
- r.User is responsible for responding to workshop queries/ estimate submission on time and if it is found that user is delaying the process of job completion by any means, then OB has the right to either cancel the job or charge penalties on user estimate. In cases where such delays by User result in the car being parked with the Garage for 3 or more days while waiting for User response, then a penalty amount of AED 25 will apply for every additional day that the car is parked with workshop while waiting for user’s response.
- OB Platform accepts only online payments using Visa and MasterCard credit/debit card issued in UAE. Currently all payments are accepted in AED currency only.
- OB Platform’s payment acceptance is integrated with CC Avenue which is Mashreq Bank, UAE Company & is fully PCI DSS complaint. Due to this, any personal card related data is hosted with CC Avenue.
- OB is not responsible for any failure of payment due to any error in the CC Avenue payment gateway.
- OB will NOT directly deal or provide any services or products to any of OFAC sanctioned countries in accordance with UAE law.
- The total payment amount will be displayed on the App when User places order or upon the completion of the Job. The final payment shall need to be done only through OB Platform before car delivery or pickup from the workshop. Under no circumstances cash payments directly to Service Provider will be considered as a valid payment towards job closure. Partial payments can be done on OB Platform through use of any OB Credits available in User account. The cardholder must retain a copy of transaction records and product/job’s Terms and Conditions, if any.
- By providing the Card payment facilities, OB is merely facilitating the making of online payment by buyers possible, however, OB is not directly involved in the process of buying and selling of any Service or Products on the OB Platform. All sales and purchases on the OB Platform continue to be bipartite transactions between the buyer and the seller of a product/services and the final job/purchase invoice shall be issued by the service provider/ seller. OB Platform is not responsible for any defects, non-performance, breach or any other claim relating to or arising out of any transaction made between any buyers and sellers, nor does OB Platform have any legal responsibility to the User(s).
- Any amount that the Company may charge User for the Services availed through OB Platform are due immediately and are non-refundable other than in circumstances in which OB considers that a refund is justified and User have notified OB within 72 hours of the payment date or the Service date, whichever falls later. In such instances User can notify us for through “Contact Us” link in the App or OB website.
11.Refund & Cancellation Policy
Any refund will be done within 15 days of the complaint resolution and the refund amount shall be processed only through the original mode of payment. Refund amount shall reflect in User account based on banks policies.
- Categories & Sub-Categories as defined in the OB Platform are based on the best judgment and discretion of OB and do not reflect any standard market definition of Jobs/Products.
- OB Platform provides market place search results basis customer’s preferred job/product requirements and search criteria. It is User’s responsibility to review all information provided about a Service Provider including its location before making a final decision to proceed.
- The User can make a request for pickup-drop at a workshop while creating a job, via OB Platform and if the workshop agrees and accepts to the User’s scheduled time and location then such booking will be confirmed to a User by email, App notification or by any other means of communication. Once a pick-up schedule is accepted by both parties, it cannot be modified any further on the OB Platform.
- A new job created by User on the App can be cancelled by the User till the time the job is not accepted by the workshop (Job in Queue Status). However, if the User still wants to cancel once the status has changes to Job In Queue, workshop is entitled to charges the User an Inspection or/and pickup-drop charges before delivering/handing over the car to the User. OB will use its best endeavors to keep the user informed of the status of the booking. This clause is not applicable to E-Shop section.
- The final price charged to User by the Service Provider may change by the time of Job Completion due to any additional services or consumables. Whenever, Service Provider creates/revises the Estimate, User shall be notified to review and approve the estimate. In case User wants any changes to the submitted estimate, he has the option to resend the estimate for revision. In case even after multiple such revisions, User doesn’t agree on the Estimate, he/she has the option to reject the estimate. This will effectively cancel the job and user shall be needed to pay any inspection/pickup-drop charges that may be applied by the Service Provider. This clause is not applicable to E-Shop section.
- OB Messaging Tool is an informal medium of communication between the Service Provider and User meant to bring in transparency. Under no circumstances the messages or pictures shared through this medium will be legally binding on any party related to the OB Platform. OB may store your messages in order to review them and investigate possible violations, if any of our Terms and wrong doing in connection with the Services/Terms.
- OB Credits program is solely run by OB. OB in its sole discretion can change the earn or burn rate of the credit that a User can earn or has already earn in his OB Credit’s Pool. OB Credits have a validity period of 36 months from the date of accrual. After which any un-utilized point may be wiped-off from User’s Credit Pool.
- OB Credits shall be given on successfully completed jobs/purchases.
- Packages are a bundling of the services by the Service Providers and it is solely the User’s responsibility to review and verify the Terms and Conditions of the package before buying including the expiry date and number of uses/redemptions (if any).
- Car Tools and Calculators are meant to assist Users and their accuracy and reliability are not guaranteed in any way by OB. OB disclaims any liability arising out of the inaccuracy or failure of tools and calculators on OB Platform.