
Term & Conditions
1. This Application (“App”/ “Supervalet App”) is owned by Blackaxe Solutions LLP, having its office at Floor-G, Plot-43, Sasoon Building, Dr. V. B. Gandhi Marg, Kala Ghoda, Fort, Mumbai, Mumbai City, Maharashtra, 400001, India.
2. In order to use this App, You must agree, without any qualifications, to these terms and conditions including the Privacy Policy (collectively referred to as the “Terms”), which govern Your use of this App. Please read these Terms carefully as they affect Your legal rights and obligations.
3. This Application is owned, designed and operated by Blackaxe Solutions LLP (“Blackaxe”/“Owner”/ “We”/ “Our”).
4. “You” or “Your” means the existing and/or the new user of the App.
5. ACCEPTANCE OF TERMS OF USE
- These Terms constitute a legally binding agreement. This App is made available to You on the condition that You accept the Terms contained herein, without modifications and reservations of any of the Terms as contained herein, and by accessing the App, You represent and warrant that You have read and understood, and agree to be bound by, these Terms and the Privacy Policy, which is incorporated herein by reference and made part of these Terms, without limitation or qualification. Use or access of any part of the App constitutes unconditional acceptance of these Terms.
- You shall ensure that prior to any third party accessing the App through Your electronic device You shall cause such person to understand and accept the Terms contained herein. If You do not understand the Terms herein, or do not agree to be bound by these Terms, You may not use or otherwise access this App in any manner.
6. The Terms set out herein constitute the terms of use and will extend to your use of the Application through a mobile phone, tablet, telephone and all the content, information, services provided to you on or through the Application.
7. This document is an electronic record and in accordance with the Information and Technology Act, 2000 and the rules and provisions applicable under the statutes and laws as amended by the said Act with regard to electronic records.
8. This is an electronic record and has been generated by a computer system and does not require any physical or digital signatures.
9. Please ensure and note that you read and understand all the Terms mentioned herein before you continue to use the Application. In the event that you do not accept or agree to any of the User Terms, please do not use the Application or avail any of the Services provided.
10. Your agreement to these Terms will act as a binding agreement between you and Blackaxe Solutions with regard to the use of the Application. By clicking the “I ACCEPT” button, you are consenting to be bound by these Terms.
11. Enrollment and Use
- You shall register Your account on the App to avail the services. As a part of the registration and delivery process, the Owner may collect certain personally identifiable information about You. Such information refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to the name, address, phone number, fax number, email address, financial profiles, identification number, credit card information, banking information etc. of such person (“Personal Information”). Accordingly, You will provide correct details in relation to Your Personal Information when prompted on the App and Your failure to do so may invalidate Your request to use the App and by giving Your details You agree to abide by the Terms and applicable Privacy Policy. The Owner will not be liable for false, incorrect, invalid or inapplicable data provided by you. You shall keep Your account and registration details current and correct for communications related to Your requests and subscription. By agreeing to the Terms, You agree to receive all information relating to the App, the services offered by the Owner including with respect to the service(s) of any third party providers, all communication and instructions for availing special offers, newsletters and promotional benefits through email, SMS, phone calls, direct mail and other means of communication. You shall solely be responsible for the appropriate use of the same and for placing your reliance on the same.
- You shall have only one active account, You will use and download the App only for your personal use and are prohibited from selling, trading or otherwise transferring the account to another party. If You use the App, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account. You shall be responsible for all activities and transactions that occur under Your account. You shall notify the Owner immediately of any unauthorized use of Your account or any other breach of security. The Owner reserves the right to terminate accounts or remove or edit any content thereof in its sole discretion.
- You authorize the Owner and/or authorized third parties to retain the information shared or submissions made by You for the purpose of using the App and/or subscribing to the service(s) and for any marketing campaign of the Owner and/or third party service providers.
- At any point in time, You can choose to unsubscribe from the newsletters, e-mails or any other information and communication which You may receive from the Owner and/or authorized third parties.
- User experience may vary depending on the type of the device and the operating system that You use and the Owner accepts no responsibility for any lack of functionality due to Your equipment (including Your device, internet connection, operating system or settings and software).
- You shall be responsible for paying all costs and expenses that You may incur while using the App (including, but not limited to internet data service access charges). The App shall use cookies to monitor App visitors and traffic and by agreeing to use the App, You agree to use of cookies by the Owner.
- Blackaxe Solutions will not be liable for any loss incurred by you as a result of some other party using your account, username or password, either with or without your consent or knowledge.
- You will not attempt to harm the App, Site or network in any manner whatsoever. You shall only use an authorized network to access and avail this service. You are aware that when you use, access or avail the Services, whether by the mobile App or telephone, Data Network and other charges including voice call charges of your Network Service provided will Apply.
- You may not cause nuisance, annoyance, inconvenience, property damage to any other party in your access or use of the Services. In certain events, you can be asked to furnish identity proof to access or avail the Service and you acknowledge and agree that you may be denied access or use of the Services upon refusal to provide an identity proof.
12. Eligibility
By using this App, You represent and warrant that You are at least 18 years of age and are otherwise capable of entering into a contract under applicable laws. The Owner will at all times assume, and by using this App You warrant that You have the legal capacity to enter into the agreement set out in these Terms and that they will be legally enforceable against You to the maximum extent permitted by applicable law (i.e. that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). In any case, the services provided via this App are not intended for persons under 18 years. If You are under 18 years of age, do not use this App.
13. Definitions
14. Service
- The Supervalet Mobile Application (“Supervalet App”) has been designed by us to offer a parking aggregation and parking distribution platform.
- The service provides you (“Customer”) with a parking subscription and valet on demand. The Supervalet App enables you to subscribe to an on-demand valet driver to pick up your vehicle from your designated ‘pick up location’ and return your vehicle at your designated ‘drop off location’ upon your request.
- The Valet Driver has complete discretion to accept or cancel each service request.
- Upon acceptance of your request from the driver, Supervalet will provide you with information regarding the Driver, including Driver Name and contact details.
- Supervalet shall make all reasonable efforts to improve the service and bring you into contact with a Valet Driver subject to factors including availability of drivers in your Service Location and parking space availability at the time of your request .
- This service is only available within the Locations expressly described on the Supervalet Mobile App.
- You undertake, acknowledge and agree that you have authorized Blackaxe Solutions to access your vehicle for the purpose of coordinating and facilitating the pick-up, movement of your vehicle, parking and drop-off service of your vehicle, as designated by you or by an individual on your behalf.
15. Booking and Confirmation
- Blackaxe Solution will not be liable for any loss or delay suffered by you or caused to you as a consequence of the breakdown of your vehicle, non-availability of Valet Drivers to facilitate the service in your Service Location at the time of request, non-availability of parking space at the time of request.
- Blackaxe Solutions and their Valet Drivers reserves the right to confirm, accept, cancel a booking subject to factors including availability of drivers in your Service Location and parking space availability at the time of your request
- Blackaxe Solutions will not be liable if you fail to contact the Valet Driver upon receiving the Driver’s Contact Details and you shall be solely responsible for the damages arising out of such delay.
16. Payment Policy
- The payment of the total amount shall be paid by you to Blackaxe Solutions or the Blackaxe Solutions driver upon completion of the “Drop Off Request”.
- The total amount shall include the convenience fee, the parking fee, any additional fees as the case maybe and any cancellation fees as the case may be. All the applicable taxes shall be borne by you and you are liable to pay such applicable taxes. Blackaxe Solutions shall charge you a Convenience Fee for the Service being provided. Blackaxe Solutions reserves the right and has absolute discretion in setting the Convenience Fee. The Parking fee shall be borne and paid by you. You shall be liable to pay all the additional fees and cancellation fees that may arise during the use of your service.
- In the event that you default on the payment or fail to make the payment, Blackaxe Solutions reserves the right to retain possession of your vehicle and suspend your account till all the payment dues are cleared.
- Blackaxe Solutions reserves the right to revise the prices at any time and shall not be liable for such changes. Blackaxe Solutions is not obligated to inform you of the change in the rates and fees. Your use of the Supervalet App, after the revised prices are in force will be deemed to be your approval to pay the new rates and fees.
- You agree to pay the total amount determined by Blackaxe Solutions for the service(s) to the Blackaxe Solutions valet driver upon completion of the “Drop-Off” request by Cash Payment.
17. Cancellation Policy
- In the event that You cancel your “Pick Up” request within 5 minutes of making a booking on the Supervalet App, such cancellation will be free of Charge. You will be charged a cancellation fee if you initiate a cancellation of your “Pick Up” request, after 5 minutes of making a booking. Blackaxe Solutions shall provide you with a receipt of the Cancellation Fee, which will be payable and borne by you. The payment for the Cancellation Fee charged will be paid by you on completion of your next service with Blackaxe Solutions.
- You will be charged a cancellation fee in the event that the Valet Drive is waiting for you and you fail to meet at the designated “Drop-off” destination within 5 minutes of the time designated by you, thereby resulting in a delay exceeding 5 minutes beyond the designated time.
- All additional fees, parking fee, cancellation fee and conveniance fee that are incurred due to your cancellation of the “Pick Up” or “Drop-off” request or failure to meet at the designated “Pick Up” or “Drop off” destination within 5 minutes of the time designated by you shall be borne and payable by you.
- Blackaxe Solutions reserves the right and has absolute discretion in setting the Cancellation Fees. The Cancellation Fees shall be borne and paid by you. You shall be liable to pay all the additional fees and cancellation fees that may arise during the use of your service.
18. You represent and warrant that:
- You hold a valid driver’s license, recognized under the Applicable Law.
- You possess all the documentation, insurance, registration, pollution under control certification, and other mandatory documents/ requirements to drive your vehicle under the Applicable Law. You will be solely responsible for violations of any such laws and regulatory procedures. Blackaxe Solutions expressly states that it will not be liable or responsible for any of these violations with regard to your vehicle.
- You are legally permitted to designate the right to use, act on your behalf and drive your vehicle, to Blackaxe Solutions, including its employees, representatives and agents.
- You are legally entitled to possess, use and drive the vehicle.
- You agree that the vehicle complies with all legal safety standards and is in a well-kept condition, fit for driving.
- You agree that you will be solely and entirely be responsible for any liability or damages that arise due to the condition of your vehicle. Such liability of damages includes, but is not limited to, damage to property, injury to persons, death or destruction.
- You agree that you will be solely and entirely responsible for the operations and functions of your vehicle. In the event, that Blackaxe Solutions is in possession of your vehicle and it fails to function or operate (mechanical, battery or other failures) properly, you will be responsible and liable for mechanical assistance, road transport assistance, roadside assistance, storage fees, repair costs and other costs arising out of such event.
- In the event, that Blackaxe Solutions is in possession of your vehicle and your battery dies while in possession, you authorize Blackaxe Solutions to jump-start the battery of your vehicle. You will be solely responsible and liable to pay the service fee that arises. It is imperative to note that Blackaxe Solutions does not guarantee this service and will not be responsible if your vehicle battery cannot hold an adequate charge.
- You have an insurance policy to cover the vehicle being given to Blackaxe Solutions to avail the Supervalet App service.
- You agree that you have a valid insurance policy and you are named on the insurance policy.
- You agree that you have a valid liability insurance policy to operate your vehicle and such policy will cover any losses that may arise as a consequence of or is alleged to arise as a consequence of, you availing the service or while Blackaxe Solutions is operating your vehicle. You agree that you will be solely and entirely responsible for any liability or damages that arise or is alleged to arise, as a consequence of you availing the service or while Blackaxe Solutions is operating your vehicle, due to the condition of your vehicle. Such liability of damages includes, but is not limited to, damage to property, injury to persons, death or destruction.
- You will be solely and entirely responsible to comply with all laws and statutory requirements in the event of a motor vehicle accident and You will be solely responsible for all communications and contacts with your insurance carrier.
- You are fit to drive and operate a motor vehicle and in a proper sound condition to do so. Blackaxe Solution is not liable or responsible to verify your state or condition before returning your vehicle to you and completing the service.
19. Policy and Conduct
- You will not threaten, harm, intimidate, harass, abuse or disrespect any employee, agent or representative of Blackaxe Solutions.
- You will only be allowed to access the Supervalet App and avail the service between the working hours.
- If you do not have the valid means to complete the payment for the service(s) provided and your car is parked in the possession of Blackaxe Solutions for a period exceeding 14 days (2 weeks), Blackaxe Solutions shall have the right to tow your vehicle and all expenses of parking and towing your vehicle will be borne by you.
- You will be responsible to pay the costs arising of a parking not directed by you but incurred in the event that the Valet Driver is waiting for you and you fail to meet at the meet at the designated “Pick Up” or “Drop off” destination within 10 minutes of the time designated by you, thereby resulting in a delay exceeding 10 minutes beyond the designated time and/or any other default caused by you.
- Blackaxe Solutions reserves the right and has absolute discretion to devise promotional codes, benefits, discounts (“Deals and Offers”) in connection with the service, subject to the terms and conditions applicable to such Deals and Offers.
- You agree that you must use such Deals and Offers lawfully and in accordance with the terms and condition in connection with such Deals and Offers.
- You must not duplicate, sell, assign or transfer such Deals and Offers.
- Blackaxe Solutions shall not be liable if the Deal and Offer expires prior to your usage or ceases to be available.
- Blackaxe Solutions reserves the right to discontinue or suspend all Deals and Offers at any time and shall not be liable for the such discontinuation or suspension. Blackaxe Solutions is not obligated to inform you of the availability of a Deals and Offers or the discontinuation or supension of a Deals and Offers.
20. Termination and Suspension
- Blackaxe Solutions reserves the right to remove, terminate or suspend your account without notifying you, if we have reason to believe that the User Account Details provided by you is false, incorrect, or if the security and secrecy of your account has been breached or upon termination of any other agreement executed between you and us or due to any other just and equitable reason as Blackaxe Solutions deems fit.
- This agreement between Blackaxe Solutions and you is perpetual once you have downloaded the Supervalet App for booking through the ioS App Store and/or Android Play-store.
- You are permitted to terminate the agreement at any time by deletion of your account, thereby disabling your use of the Mobile App.
- Blackaxe Solutions is under no obligation to provide a notice of termination of the agreement in advance.
- Termination of this agreement shall not prejudice accrued rights of either Supervalet or You.
21. Consequences of Termination
- Clauses (indemnification), Clause (Liability), Clause (Application License), Clause (Contents posted on Site/Application), Clause (Intellectual Property Ownership), Clause (Term and Termination), Clause (Notice) and Clause (Applicable Law and Dispute Resolution) shall survive termination of these Terms and Conditions.
22. You shall inform us in writing at contact@supervalet.in in case you are unable to access your User Account. We will bear no liability and shall not be liable for any unauthorized transactions made through your User Account prior to the expiry of 72 (seventy two) hours after you have requested to block your User Account in writing.
23. Feedback and Comments
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on the App or otherwise disclosed, submitted or offered in connection with your use of this App (“Comments") shall be and shall remain the property of the Owner. The Owner is under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You on the App will not violate these Terms or any right of any third party. You further agree that no Comments submitted by You to the App will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, commercial solicitation, mass mailings or any form of "spam". You hereby accept and acknowledge that the Owner does not regularly review posted Comments.
- All Comments provided by you for the same will remain your property but will grant Blackaxe Solutions a perpetual, irrevocable, worldwide, transferable, sub-licensable, royalty free license right to use, copy, modify, creative derivative works, publicly display, publicly perform, sub-license, distribute and use or exploit in any manner, in all distribution channels currently known or later devised, without any further notice or consent from you and without any payment being made to you or any other entity.
- You accept and acknowledge ,that the Comments provided by you or Blackaxe Solution’s use of these Comments will not infringe, violate or misappropriate a third party’s intellectual property or proprietary rights, privacy or violate any applicable laws.
24. Blackaxe Solutions will store the information provided by you or record your calls for contacting you for Service related matters
- Blackaxe Solutions is entitled to store, maintain and transfer your information in a server outside India or in the country of your location to enable Blackaxe Solutions to perform its obligations under these Terms and Conditions.
- You acknowledge and agree to grant Blackaxe Solutions a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty free, license, sub-licensable right to exercise the copyright, database rights, publicity or any other right you have in any information, in any media, which is currently known or currently unknown with respect to your information.
- You acknowledge, agree and allow Blackaxe Solutions to share your information and permitted information with third parties.
25. Customer Care and Service
- All communications regarding queries, suggestions, feedbacks, reviews shall be made to us through our email address, particularly, contact@supervalet.in.
- All issues pertaining to damage of your vehicle must be reported to Blackaxe Solutions immediately upon receiving your vehicle and prior to concluding your service with Supervalet.
- You must check your vehicle for damages, in the presence of the driver, and In the event that you report damage of your vehicle, you must provide complete and all photo documentation immediately to the driver or by contacting the administrator.
- Reporting of any issues pertaining to physical condition of the car must be done immediately upon receiving the car from the Valet Driver and prior to concluding the service, failing which, such issue will not be entertained.
- Blackaxe Solutions shall respond to your queries, suggestions, reports at the earliest. Blackaxe Solutions will not be liable or responsible for any losses or damages in the event that you are not satisfied with the response given by Blackaxe to such queries, suggestions, reports.
26. Indemnification
- You agree to indemnify and hold Blackaxe Solutions and its affiliates, licensors and their agents, attorneys, directors, employees, officers, other users harmless from any and all claims, costs, damages, demands, losses, liabilities and expenses (including attorney/legal fees and costs) arising out of or in connection with (i) your use of the Service or Application (ii) your violation of any of the Terms and Conditions (iii) Your violation of any Applicable Law, rules, regulations (iv) Your violation of any rights of any Third Party (v) Blackaxe Solution’s use of your User Content or any information provided by you.
27. Liability
- THE OWNER DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE OWNER IF ANY, INCLUDING IN RESPECT OF THE SERVICE(S), THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION EXTEND BEYOND RS 500/-. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE OWNER SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES. THE OWNER SHALL NOT BE HELD LIABLE FOR ANY MEDICAL, HEALTH OR OTHER CONSEQUENCES INCLUDING BUT NOT LIMITED TO DEATH OR INJURY THAT MAY ARISE AS A RESULT OF THE SERVICE(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE SERVICE(S) AVAILED AND THE CONSEQUENCES OF AVAILING THE SERVICE(S).
- Blackaxe Solutions shall not be held liable in the event that you miss your flight/ bus/ trains/ event/ or any other delay or losses.
- You must confirm your ‘pick up’ or ‘drop off’ request after reasonably considering and taking into account other factors, including but not limited to, weather conditions, traffic conditions, political events, natural disasters, barricades, road repairs, car breakdown, and any other unexpected delays.
- Blackaxe Solutions shall not be held liable for any losses, delays, damages, consequences resulting from your use or inability to use the Supervalet Mobile App Service effectively, any error in the contact details, network breakdowns, network errors, network issues, malware, viruses, or any incomplete or inaccuracy of information or the application.
- You are solely and entirely responsible of your items and belongings in your vehicle. Blackaxe Solutions will not be liable for any losses or damages arising to your items and belongings in your vehicle. In the event that you have any complaint regarding items left in your vehicle, while the vehicle is parked with Supervalet you must inform Blackaxe Solutions in writing through email, contact@supervalet.in or by contacting our admin through the app. In the event, that the item or belonging is found, Blackaxe Solutions will inform you of the same in writing. However, Blackaxe Solutions is not responsible to deliver the item or belonging to you.
- Blackaxe shall not bear any liability or responsibility in the event of any loss of content, information, communication and updates in the service. Any and all information required to be sent to you will be sent on your email ID and phone number associated your User Account Details.Blackaxe Solutions shall not be held responsible if you have not provide accurate or correct User Account Details. In the event of any change in your contact details, you shall inform Blackaxe Solutions about the same.
28. Intellectual Property Rights
- This App and any content or materials incorporated by the Owner on this App including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio visual works, designs, logos, software and any other content, (collectively referred to as “Material”) are protected by copyrights, patents, trade secrets or other proprietary rights owned by or licensed to the Owner, authorized third parties and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by the Owner on this App are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to the Owner or other third parties and/or its licensors (“Trademarks”). The Owner respects the intellectual property rights of others and asks the users of this App to do the same. Availing the service(s) through the App does not give You any ownership of any intellectual property rights in the App, Copyright or Trademarks.
- Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Material and any other content provided on the App, without the consent of the Owner may subject You to infringement actions by the Owner or third party providers, as the case may be.
- Your right to make use of this App and any content appearing on it is subject to these Terms. Modification or use of the Material or any other content on this App for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.
- You understand that by using the App, You may be exposed to materials that You may consider to be offensive or objectionable. You must evaluate, and bear all risks associated with the use or disclosure of materials found on the App. The Owner shall have no liability for content that may be deemed offensive, indecent, or objectionable to You.
- You acknowledge and agree that Blackaxe Solution (And its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to
- The Website, Application, Service, content and features (“Service Content”) and any suggestions, ideas, enhancement requests, feedback, recommendations;
- Text, graphics, user interfaces, photographs, trademarks, logos, sound, music, artwork and computer code; or
- Other information provided by you or any other party relating to Website, Application or the Service.
- You acknowledge and agree that the Website, Application and Service Content are protected by copyright, patent, trademark, Service mark, trade secret And/or other proprietary rights and laws. Except as expressly authorized by Blackaxe Solutions, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website, Application, Service and Service Content, in whole or in part.
- Any use of the Website, Application, Service and Service content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website, Application, Service and Service Content or distributed in connection therewith are property of Blackaxe Solutions, our affiliates and our partners.
- The SuperValet names and logos are trademarks and service marks of Blackaxe Solutions (Blackaxe Solutions Trademarks). Nothing in this Terms of Service or the Service itself should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Blackaxe Solutions Trademarks displayed on the Website, Application, Service and Service Content, without our prior written permission in each instance. All goodwill generated from the use of Blackaxe Solutions Trademarks will inure to Blackaxe Solutions’ exclusive benefit.
- You acknowledge and agree that Blackaxe Solutions may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process, applicable laws or government requests;
- Enforce these Terms of Service;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property, or personal safety of Blackaxe Solutions, its users and the public.
29. Blackaxe Solutions is entitled to enter into a joint venture or any other tie-up relation with any other entity engaged in the business of providing services similar to the services provided by Blackaxe Solutions or otherwise. You acknowledge, agree and give your irrevocable consent to such tie-up and in the event of such a relationship the terms and conditions herein will continue and become applicable in such a tie-up arrangement also.
30. User Interaction
- Blackaxe Solution will not be liable, responsible or involved with any interaction you may have with any other customer or user of Blackaxe Solutions. Blackaxe Solutions is not liable or responsible for any interaction, under any circumstances.
31. Change or Modification of the Terms
- Blackaxe Solutions reserves the right, in its sole discretion, without any obligation and without any prior notice requirement and for any reason, to change, improve or correct the Terms and to suspend and/or deny access to this App or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
- Changes to the Terms will be effective as on the date they are posted. Blackaxe Solutions may notify you in case of any such revisions to the Terms. Your continued use/access of the App signifies Your acceptance of any revisions and explicit renewal of Your consent to such revisions. These Terms control the relationship between Blackaxe Solutions and You. They do not create any third party beneficiary rights.
32. APP SECURITY
You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) sending unsolicited email, including promotions and/or advertising of service(s);. Violations of the security of the App may result in civil or criminal liability as per applicable law. The Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting a user who is involved in such violations. You will not use any device, software to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App.
33. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the competent courts of Mumbai, India for any action however so arising out of these Terms.
34. MISCELLANEOUS
- If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the Owner and the user.
- You hereby accept and agree that the Owner shall not be liable for any act of the persons delivering the service(s).
- Offers cannot be clubbed together
- Subscription of the service(s) is non-transferable.
35. ONLINE PRIVACY POLICY
Your privacy is important to us. To better protect Your privacy, the Owner provides a Privacy Policy explaining the online information practices and the choices You can make about the way Your Personal Information is collected, handled, dealt with and used at or in connection with this App. By accepting these Terms, You shall also be deemed to have accepted the terms of this Privacy Policy. The Owner values the importance You attach to Your Personal Information given to the Owner and therefore the Owner has taken all reasonable measures and precautions to (i) keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable You to review and edit the same.
You may need to provide us with Your Personal Information during the course of using the App, for instance, information while creating Your user account, or financial information while making an online payment, information provided while participating in any online survey, communication with us or our customer service by phone, email or otherwise, provide reviews for the service(s) available on the App etc. You are giving us Your unconditional consent to the collection, storage and use of Your Personal Information as set forth in this Privacy Policy.
We collect only such Personal Information that is believed to be relevant and is required to understand You or Your interests. We collect Your Personal Information in order to record, support and facilitate effective availability and delivery of the service(s) offered on the App and that You select to track Your preferences; to provide You with a customized App experience; to notify You of any updated information and new offers and other related functions offered by the Owner; to assist You with customer service or technical support issues; to follow up with You in relation to Your subscription or enquiry in relation to the service(s); to otherwise support Your relationship with the Owner; or for such other purposes as the Owner may deem fit to prevent fraud and unlawful use of the App.
USAGE OF PERSONAL INFORMATION
We do not trade, sell or transfer Your Personal Information in any manner, except as specified herein to which You expressly consent. You acknowledge, consent and agree that the Owner may access, preserve and disclose Your Personal Information if required by law or in good faith, if the Owner believes that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to Your requests for customer service; or (v) to protect the rights, property, or personal safety of the Owner, the app users and the public.
Personal Information provided by You is used only:
- to facilitate Your use of the App;
- to respond to Your inquiries or fulfil Your requests for information about the various service(s);
- to provide You with information about the service(s) and to send You information, materials, newsletters and offers;
- to send You important information regarding the App, changes to the Terms of the App and policies and/or other administrative information;
- to send You surveys and marketing communications that the Owner believes may be of interest to You;
- to help You address Your problems with the App;
- if You subscribe to any service(s) from the App, to complete and fulfill Your payment, communicate with You regarding Your subscription and registration and provide You with related customer service;
- for proper administration of the App;
- to conduct internal reviews and data analysis for the App (e.g., to determine the number of visitors to the App);
- to improve the service(s) or the content on the App;
- to protect the integrity of the App.
Some of Your Personal Information may be shared with and used by third parties who shall need to have access to information, such as credit card processing companies, etc. to enable them and the Owner to perform their duties and fulfil Your requirements. We do not allow any unauthorized persons or organization to use any Personal Information that the App may collect from You. However, the Owner is not responsible for any information including Personal Information collected or shared or used by any other third party website due to Your browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse Your information that they collect from the App. Therefore, although the Owner uses industry standard security practices to protect Your privacy, the Owner does not promise, and You should not expect, that Your Personal Information or private communications would always remain private.
When You use the App, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), browser type and language, viewed and exit pages. We use this information to better understand our users' operating systems, for system administration and to audit the use of the App. We do not use this data to identify the name, address or other personal details of any individual.
Notwithstanding anything contained in this Privacy Policy or elsewhere, the Owner shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Owner and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
USE OF COOKIES
When You use the App, certain information may be stored locally on Your device using “cookies” or similar technologies. A cookie is a piece of data that is sent to Your device, which stores the cookie if web browser of Your device is enabled to accept cookies. We use cookies to customize Your experience on the App. Most devices will allow You to erase cookies from Your device’s storage, block acceptance of cookies, or receive a warning before a cookie is stored. If You block cookies, some portions of the App may not function properly.
ASSESSING, REVIEWING AND CHANGING YOUR USER ACCOUNT
Following registration, You can review and change the Personal Information You submitted during registration. If You change any such information, the Owner may keep track of Your old information. You can change Your registration information such as Your email address etc.
We will retain in our files, the information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce these Terms. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your Personal Information would be completely removed from our databases in response to Your requests.
36. Force Majeure
- A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Owner and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
37. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE APP AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES(S) AND OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE APP OR ANY WEB SITES LINKED TO THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE(S) OR OTHER CONTENT IN THE APP OR ANY OTHER WEB SITE/ APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE(S) OR OTHER CONTENT ON THE APP OR ANY OTHER WEB SITE/APPLICATION. THE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
38. Notice
- Blackaxe Solutions may give notice by electronic mail on your registered email account or on your registered mobile number or through the Application.
- You may contact Blackaxe Solutions by electronic mail at our email address contact@supervalet.in or by written communication sent by mail or post to our address at Floor-G, Plot-43, Sasoon Building, Dr. V. B. Gandhi Marg, Kala Ghoda, Fort, Mumbai, Mumbai City, Maharashtra, 400001, India.
39. Assignment
- You shall not assign your rights under these Terms and Conditions without any prior written approval of Blackaxe Solutions
- Blackaxe Solutions can assign its rights under the Terms and Conditions to any affiliate.
40. Conflict
- In the event the Terms and Conditions contradict or are inconsistent with any other agreement executed between you and Blackaxe Solutions, the Terms and Conditions of this agreement shall and will prevail.
41. Severability
- If one or more provisions of this Agreement are held to be illegal ,invalid or unenforceable under applicable Law, then
- such provision shall be excluded from this Agreement, and
- the remaining of the Agreement shall be interpreted as if such provision were so excluded. TheParties shall nevertheless be under an obligation to negotiate an alternate provision that is as close to the original intent of the Parties and that is valid and effective.
Any rights not expressly mentioned herein are solely reserved by Blackaxe Solutions.