OnlyBigCars Terms & Conditions

CONTRACTUAL RELATIONSHIP

OnlyBigCars, operated by ZEALWHEEL, incorporated under ‘The Indian Proprietorship Act of 1908, having its registered office at SAS Tower, Sector 38, Gurugram provides comprehensive car services, including maintenance, repair, and insurance for luxury cars, sports and exotic cars. By accessing and using our website www.onlybigcars.com and our mobile applications you agree to be bound by these terms and conditions, establishing a contractual relationship between you and OnlyBigCars.

If you do not agree to these terms, you may not use or access our services. These Terms expressly supersede prior agreements or arrangements with you. We may amend these Terms from time to time. Continued use of our Services following the posting of changes constitutes your acceptance of such changes.

These Terms are a legal electronic record under the Indian Contract Act, 1872, the Information Technology Act, 2000, and other relevant laws, and do not require a digital or electronic signature.

DEFINITIONS

• Content: Includes (but is not limited to) reviews, images, photos, audio, video, location data, and all other forms of information or data.

• User Content: Content that you upload, share, or transmit through our Services, such as likes, ratings, reviews, images, photos, and messages.

• OnlyBigCars Content: Content created and made available by us in connection with the Services, including visual interfaces, graphics, design, compilation, computer code, and other elements.

• Estimated Cost: Approximation of the cost and resources required for a service, provided by the service provider.

• Membership Plan(s): Subscription or membership offers provided by OnlyBigCars, with terms, conditions, and prices communicated at the time of issuance.

• Service(s): Car maintenance, repair, and related services provided through our Platform by independent partner workshops.

• User: Any individual who owns a car and wishes to avail Services through our Platform, registered for this purpose.

SERVICES

Our Services enable Users to arrange and schedule car repair or maintenance services by self and with independent partner workshops. We also offer towing services to transport your vehicle when needed. We are the best doorstep service provider for luxury, sports and exotic cars. Note that OnlyBigCars directly provide car repair and maintenance services and also partner with local workshops.

Upon submitting a service request, we will connect you and try to offer the doorstep car service or may assign to our partner workshop. However, we do not guarantee the availability of any specific provider or service at any given time.

ELIGIBILITY

By using our Services, you represent that you are at least eighteen (18) years old and capable of understanding and agreeing to these Terms. You must comply with all applicable laws and regulations while using our Services. If you use the Services on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.

USE OF SERVICES

To access certain features of our platform, you must create an account. The personal information you provide during account creation will be governed by our Privacy Policy, available on our application/website. You are responsible for maintaining the confidentiality of your password and account details, and for all activities conducted through your account.

Once you sign up, we will offer certain services free of charge, such as searching for automotive repair service providers, viewing their detailed profiles, service prices, ratings, and posting feedback. We reserve the right to modify, add, or remove services at any time, and some services may become chargeable.

You should only book a service if you genuinely require the work described. Feedback should only be posted about a service provider if you’ve availed of their services through our platform.

SUPPORT

OnlyBigCars offers support through email and phone, as well as an online FAQ knowledge pool. For assistance, you can contact us via email at info@onlybigcars.com or call our helpline at +91-9999967591 (Monday to Sunday, 7 am to 9 pm).

We will address complaints at the earliest and aim to resolve them within 7 days. However, any suggestions provided by us regarding the use of services do not constitute a warranty. We will take reasonable care for the safety of your car while in our possession. If your car is stolen, we will assist in recovery by reporting to authorities and providing necessary support.

PROHIBITED USAGE OF THE PLATFORM

Users are prohibited from conducting any illegal activities on our platform, including but not limited to: violating the integrity or security of the platform, transmitting harmful information, submitting inaccurate or incomplete data, or using automated tools to navigate the platform. Any unlawful actions are prohibited by Indian laws.

In case of non-compliance, we reserve the right to suspend or terminate your access to the platform and remove any non-compliant content. We may also share user data with authorities if required by law.

USE OF SERVICES

You should only book a service if you genuinely require the work described. Feedback should only be posted about a service provider if you’ve availed of their services through our platform.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Any comments, feedback, reviews, suggestions, or other submissions you make to OnlyBigCars on or via the platform (collectively “Comments”) become the property of OnlyBigCars. You grant us all rights to use, modify, and distribute these Comments without obligation to compensate you.

You agree that your Comments will not violate any third-party rights, nor contain defamatory, unlawful, or offensive material. You also agree not to send harmful material that may disrupt or damage the platform. Violations of these terms may result in legal action or restrictions on your access to the platform.

USER DATA

By using our platform, you agree to provide accurate, up-to-date, and complete information. If we find that any information you provide is false or incomplete, we may suspend your access to our platform.

OnlyBigCars may collect and use your information for validation purposes and to enhance the platform’s effectiveness. We may share your data with service providers and group companies as part of your service access, in accordance with our Privacy Policy. We may also disclose user data to authorities as required by law.

INTELLECTUAL PROPERTY RIGHTS

The content on our platform, including text, graphics, audio, design, and trademarks, is the property of OnlyBigCars or our licensors. All third-party trademarks are the property of their respective owners. You are granted a limited license to access and use our platform for personal use only, unless otherwise stated.

Any commercial use of the content on our platform, including reproduction, distribution, or modification, is prohibited unless expressly authorized. We reserve the right to modify the content on the platform at our discretion.

LICENSE

Subject to your compliance with these Terms, OnlyBigCars grants you a limited, non-exclusive, non-transferable license to access and use our platform and services for personal, non-commercial use. You are not permitted to use, copy, or distribute any content from our platform unless specifically authorized.

LIMITATION OF LIABILITY

OnlyBigCars does not guarantee the accuracy or reliability of the services provided. The platform and services are provided “as is,” without warranties of any kind. While we strive to ensure the platform is safe and accessible, we cannot guarantee that it will be error-free, uninterrupted, or meet all your requirements.

In no event will we be liable for indirect, incidental, or consequential damages, including loss of data, personal injury, or property damage, arising from your use of the platform.

EXEMPTIONS TO LIABILITY OF ONLYBIGCARS

OnlyBigCars is not responsible for delays or failures in service due to your failure to cooperate, unresponsiveness, or any event beyond our reasonable control.

We are only liable to provide assistance in case of accidents or theft of your vehicle while it is under the care of our service partners. While we will assist with insurance claims and police reports, we are not liable for any loss unless caused by our gross negligence.

BILLING/CHARGES

You acknowledge that by using the Services, you may be subject to charges from a third-party service provider for the services you receive (“Charges”). The Company, as a limited payment collection agent for a third-party service provider, will facilitate your payment of the applicable Charges after you have received services through your use of the Service. The Charges will be handled as if you had directly paid the third-party service provider. All Charges will include all applicable taxes unless otherwise specified by law. Unless otherwise stated by the Company, all Charges paid by you are final and non-refundable.

The Charges may be updated or changed at any time as per the analysis of the third-party services provider or your new requests. The updated Charges shall be communicated to you by the Company and only upon your approval of the Charges, the services will be provided by the third-party service provider.

You acknowledge that the Charges from a third-party service provider shall be duly paid and on account of default in payment, the same shall be considered as a breach of these terms. In the event you commit such a default/breach, you shall be liable to pay the liquidated damages of an amount equivalent to the value of the said services. You hereby authorize the Company to deduct or collect the amount payable as liquidated damages through such means as the Company may exercise.

In case of any material changes have been made and there is a default in payment by the User, the Company has a right to keep the vehicle in its possession until and unless payment in full has been made by the User along with other costs if applicable. In the event you fail to make the payment of the Charges despite the passage of more than 90 days since the completion of the services, the Company shall be entitled to recover the same by selling off your vehicle.

You acknowledge that you will be liable for the payment of towing services provided by the Company as per the Company’s Charges.

Membership Plans will be offered by the company from time to time through its website, app, social and print media. You can purchase the membership through the Platform by adding it into the cart, checking out, and making the payment.

The Company reserves the right to alter/modify/suspend/discontinue any terms and conditions associated with the Fee including but not limited to the period, rate, services included in the membership. Further, the Company shall give you notice of any change made to the features of the membership prior to the expiry of the same. We will provide you with advance notice of any change in Fees.

In the event the User fails to collect their car at the agreed date of delivery, the Company shall arrange for the storage of the car at the User’s risk and expense. Following such failure by the User, a parking fee of Rs. 500 per day will be charged by the User for such storage.

Payment for the Services by the Users may be processed through the third-party internet payment service providers. By purchasing any Services through the Platform, the User hereby consents and agrees to abide by such third-party Internet payment service providers’ applicable terms and conditions and privacy policies. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Platform.

Additionally, we have no authority over, or liability for, the delivery, safety, legality, or any other such aspect of transactions or services availed by the Users through the third-party internet payment service providers. The Company will not be responsible for ensuring that any third-party internet payment service provider the Users operate with, will carry out the complete transaction, or has the appropriate authority to do so. In the event, the Users experience any disruptions or problems while making the payment for the Services through the third-party internet payment service providers, or if the User has a dispute with such third-party internet payment service providers, the User should resolve the disruptions, problems or disputes directly with that third-party internet payment service provider.

CANCELLATION AND REFUND

You have no right to request a refund or cancellation for an accepted service from the Platform. Once an order is placed (i.e., upon acceptance of the estimated cost by the User), you shall not be entitled to cancel such order or seek a refund for the Services provided.

DISPUTE RESOLUTION

In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims, or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Delhi shall have sole jurisdiction over the matter and/or for the enforcement as the case may be.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Delhi, India.

GENERAL PROVISIONS

• • Severability: If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

• • Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

• • The Company provides these Terms so that you are aware of the Terms that apply to your use of the Platform and Services. You acknowledge that the Company has given you a reasonable opportunity to review these Terms and you have agreed to them.

• • The Terms and Conditions are personal to you and are not assignable or transferable by you except with Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without any consent.

• • All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or 2 days after it is sent, if sent for next day delivery by recognized overnight delivery service.

• • No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

TERMINATION

OnlyBigCars may terminate your access to the platform or services at any time for any reason, including a breach of the Terms and Conditions. We also reserve the right to refuse access at our discretion. You will lose access to your account and all data upon termination.

You can terminate these terms at any time, but any obligations before termination will remain in effect. If you fail to comply with the Terms, we may terminate your account without notice, and you will remain liable for all amounts due up to the termination date.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OnlyBigCars, its affiliates, subsidiaries, joint venture partners, and each of their employees, contractors, directors, suppliers, and representatives from any liabilities, losses, claims, and expenses, including reasonable attorney’s fees. This indemnity applies to any claims arising from or related to your use or misuse of, or access to, our platform and services, your violation of these Terms and Conditions, or any applicable law, contract, policy, or regulation.

We reserve the right to take exclusive control of any matter subject to indemnification, in which case you agree to assist and cooperate with us during the process.

CONTACTING YOU

By using our platform, you agree that OnlyBigCars may contact you via telephone, email, SMS, or any other communication channel for the following purposes:

1. 1. 1. To obtain feedback regarding the platform or our services.

      2. To gather feedback related to other users listed on our platform.

      3. To address any complaints, queries, or information related to your critical content on the platform.

You agree to cooperate fully with us during such communications.

Furthermore, by submitting any suggestions or feedback regarding our services or platform, you agree that OnlyBigCars may use and share this feedback for any purpose, without any compensation to you. We are not obligated to keep such feedback confidential.