The domain name www.mechuni.com (hereinafter referred to as “Website”) is owned by
Mechanical Unified Private Limited and the owner of mobile applicationMECHUNI,acompany
incorporated under the Companies Act, 2013 with its registered office at JSA Towers, 3rd
Floor, Indira Nagar II Stage, Hoysala Nagar, Bengaluru, Karnataka560038.
For the purpose of these terms of use, wherever the context so requires “you”,
“yourself”, “client” or “user” or similar terminology are all in use in reference
totheindividualuser of this Website. The terms “we”, “us”, “our”, “ours” shall refer to
Mechuni.
Mechuni provides its services to you subject to the notices, terms, and conditions set
forth in this agreement (hereinafter referred to as the “Terms”). In addition,
whenyouuseany www.mechuni.com service or the App, you will be subject to the rules,
guidelines, policies, terms, conditions and documents applicable to such service,
andtheyareincorporated into these Terms by this reference
By mere use of the Website or the App, you shall be contracting with Mechuni and these
Terms including the policies represent a binding contract between youandus.
Therefore,you should read these Terms carefully before you start to use the Services.
Mechuni retains the right to deny access to anyone who we believe has violated any of
theseTerms.
By using this Website or App, you hereby agree with all the terms and conditions set
forth in this agreement and it is binding on you. It is your responsibility to
readthesetermscarefully before you access the Website or the App
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE
TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENTCAREFULLYBEFORE PROCEEDING.
1. CHANGE OF THESE TERMS.
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Mechuni reserves the unilateral rights to revise these terms from time to time and
at any time without providing any intimation to you and in our sole discretion.
Wewillpost the new version of these Terms or any policies on this Website and any
change or modification to these Terms shall be effective immediately
fromthedateofsuchupload of the revised Terms on the Website or App. Your continued
use of the Website or the App following the modifications to the Terms and policies
constitutesyouracceptance of the modified terms and conditions whether or not you
have read them and shall be binding on you. For this reason, you are advised to
frequentlyreviewthese Terms, and other policies.
2. CHANGES TO WEBSITE OR THE APP.
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In order to optimize and improve your experience, we may update the Website or the
App from time to time, and may change the content, display or format anytimewithout
prior notice. We do not guarantee that the Website or the App, or any content
provided or displayed on it, will be free from errors or omissions. Further,
weareunder no obligation to update the Website or the App and any of the content
provided on it.
3. ELIGIBILITY
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You must be 18 (eighteen) years or older and capable of entering into a legally
binding agreement (as per the Indian Contract Act, 1872) in order to use Website.
Ifyouare under 18 (eighteen) years of age, you may use this Website only with the
involvement of a parent or guardian.
4. TERMS OF SERVICES
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In order to use Website or App and avail the services, you are required to sign up
by creating an account. The account information will not be usedfor anyotherpurpose
except with your prior consent. You must read, agree with and accept all of the
terms and conditions contained in these Terms, includingthePrivacyPolicy. You will
be responsible for maintaining confidentiality of your account, password, and
restricting access to your computer, and you hereby acceptresponsibility for all
activities that occur under your account and Mechuni will not be held liable if
there is any misconduct from the user by the useof itsaccount.
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During the registration process you are also required to submit your personal
information, which may include information relating to your name, age, gender,mobile
device, location etc. You agree that the information provided by you upon
registration and at all times thereafter will be true, accurate, current,
andcomplete. You agree to maintain and update this information to keep it true,
accurate and complete at all times while using Website and availing theservices.You
also acknowledge that the information you provide, in any manner whatsoever, is not
confidential or proprietary and does not infringe any rightsof athirdparty in
whatsoever nature
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If you are accessing, browsing, and using the Website or App or availing the
services on someone else’s behalf, you represent that you have
theauthoritytobindthat person to all the terms and conditions herein. In the event
that the person refuses to be bound as the principal to these Terms, you agree
toacceptliabilityfor any harm caused by any wrongful use of the Website resulting
from such access or use of the Website or App in whatsoever nature.
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If you know or have reason to believe that the security of your account has been
breached, you should contact us immediately at the ‘Contact Information’ provided on
the Website. If we have found a breach or suspected breach of the security of your
account, we may require you to change your password, temporarily or permanently
block or suspend your account without any liability to Mechuni.
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Prohibited Uses. You shall not use the Website for any illegal, unlawful,
unauthorized or prohibited purposes (“Prohibited Uses”) nor may you,
intheuseoftheWebsite, violate any laws in your jurisdiction (including but not
limited to copyright or trademark laws). You will comply with all applicable laws,
rulesandregulations in your use of the Website. In the event you use Website for any
Prohibited Uses, we reserve the right to immediately and without notice,
suspend/delete your account and ban you from accessing Website and the App in
future.
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We reserve the right to refuse service and/or terminate accounts without prior
notice if these Terms are violated or if we decide, in our sole discretion,
thatitwould be in the best interest of Mechuni to do so. You are solely responsible
for all contents that you upload, post, email or otherwise transmit viatheWebsiteor
App. The information provided to us shall be maintained by us in accordance with our
Privacy Policy.
5. USER CONTENT.
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You retain ownership and sole responsibility for any text, messages, chat
communications, billboard postings, software, photos, drawings, graphics,
profiles,opinions, ideas, images, videos, audio files or other materials or
information posted, uploaded, emailed, transmitted or otherwise made
availabletotheWebsite by you (collectively “User Content”). Therefore, you are
responsible for User
Content and you must ensure that you have all the rights and permissionsneededtouse
User Content on the Website or App.
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By using the Website or App you grant us a worldwide, perpetual, unrestricted,
royalty free license to use, reproduce, distribute, modify, adapt,
createderivativeworks, make publicly available, and otherwise exploit User Content,
but only for the limited purposes of providing the services to you and as
otherwisepermittedby our privacy policies. This license continues even after you
stop using our Website. You acknowledge that this license includes the right for us
tomakeUserContent available to other users of the Website or App, who may use User
Content subject to these Terms.
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You can remove your content by deleting it, however in certain circumstances User
Content may not be completely removed, and copies of User Contentmaycontinue to
exist on the Website. We are not responsible or liable for the removal or deletion
of (or failure to remove or delete) any of User Content.
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Mechuni does not endorse or control the User Content transmitted or posted on the
Website and therefore, accuracy, integrity or quality of User Contentisnotguaranteed
by Mechuni. You understand that by using the Website, you may be exposed to User
Content that is offensive, indecent or objectionabletoyou.Under no circumstances
will Mechuni be liable in any manner whatsoever for any User Content, including
without limitation, for any errors or omissionsinanyUser Content, or for any loss or
damage of any kind incurred by you as a result of the use of any User Content.
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You hereby waive all rights to any claims against Mechuni for any alleged or actual
infringements of any proprietary rights, rights of privacy andpublicity,
moralrights, and rights of attribution in connection with User Content.
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By accepting this Agreement, you hereby acknowledge that Mechuni has the right, but
not the obligation, in its sole discretion to refuse to post or toremoveanyUser
Content and further reserves the right to change, condense, or delete any User
Content.
6. TERMINATION.
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These Terms are effective unless and until terminated by either you or Mechuni
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You agree that Mechuni, in its sole discretion, for any or no reason, and without
penalty or notice, may suspend or terminate your account (or anypart thereof)or your
use of the Website or App at any time.
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Termination of your account to the Website or App, of total or any portion thereof
may take place without any prior notice by Mechuni. And Mechuni will notbeheld
liable for termination of any part to the user.
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Any suspected fraudulent, abusive or illegal activity may be referred to appropriate
law enforcement authorities. These remedies are in additiontoanyotherremedies that
Mechuni may have at law or in equity.
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Upon termination for any reason of the Terms by either you or Mechuni, you must
promptly destroy all materials downloaded or otherwise obtainedfromthisobligation to
pay for the product already ordered from the Website or affect any liability that
may have arisen under these Terms. Website, as well asall copiesof such materials,
whether made under the Terms of Use or otherwise. Any such termination of these
Terms shall not cancel your obligation topayfor theproduct already ordered from the
Website or affect any liability that may have arisen under these Terms.
7. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY.
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The Website is presented “as is” and “as available” basis without any warranty or
condition, express, implied or statutory. Neither we nor our affiliates,
partners,directors, employers, agents, licensors or suppliers make any
representations or warranties of any kind whatsoever, express or implied, in
connectionwiththeseterms and conditions or this Website or any of the content,
including but not limited to warranties of merchantability, non-infringement or
fitness for aparticularpurpose, except to the extent such representations and
warranties are not legally excludable.
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You agree that in no event will Mechuni or
its affiliates, directors, employees, agents, licensors, partners, suppliers be
liable to you for any special, indirect,
incidental, consequential, punitive, reliance, or exemplary damages (including
without limitation lost business opportunities, lost revenues, or loss of
anticipatedprofits or any other pecuniary or non-pecuniary loss or damage of any
nature whatsoever) arising out of or relating to:
- a. these Terms;
- b. the Website; or
- c. The App; or
- d. your use or inability to use the Website or App.
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In no event will Mechuni or any of its contractors, directors, employees, agents,
third party partners, licensors or suppliers' total liability to youfor all
damages,liabilities, losses, and causes of action arising out of or relating to:
- a. these Terms;
- b. the Website;
- c. The App;
- d. your use or inability to use the Website or App; or
- e. any other interactions with Mechuni,
howsoever caused and whether arising in contract, tort including negligence, warranty
or otherwise, exceed the amount paid by you, if any, for usingtheportionof the
Services or Website.
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In no event will Mechuni or any of its contractors, directors, employees, agents,
third party partners, licensors or suppliers be liable to you for anylosses,
damage,liabilities, and causes of action arising out of any act, omission or
negligence to which you contributed. Mechuni does not warrant that the access or
usageoftheWebsite will be uninterrupted, timely, secure, or error-free.
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Mechuni does not warrant that the results that may be obtained from the use of the
Website will be accurate or reliable.
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You agree that no claims or action arising out of, or related to, the use of the
Website or App or these Terms may be brought by you more than1(one) monthafter the
cause of action relating to such claim or action arose. If you have a dispute with
us or are dissatisfied with the Website, termination of your useoftheWebsite is your
sole remedy. We have no other obligation, liability, or responsibility to you.
8. PAYMENT TERM FOR USERS.
For online payment through website or the app, the user will be directed for payment
through payment gateway / third party payment gateway on the Mechuni Websiteor the
App.
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If you choose to pay online, you may be directed to a third party payment gateway to
enable processing of the payment. This transaction will begovernedbytheterms and
conditions and privacy policy of the third party payment gateway. Mechuni shall not
be liable (a) if any transaction does not fructify or maynotbecompleted or (b) for
any failure on part of the bank or the credit card or the third party site or agency
to perform any of its obligations or (c) inrespect ofanyloss or damage arising
directly or indirectly arising out of the decline or acceptance of authorization for
any transaction, for any reason whatsoever.
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REFUND POLICY.
- a. The user will be refunded the entire amount back if the Mechuni employee
fails to present himself when an appointment is taken by the user
anddoesnotrespond to the user for the next appointment.
- b. The user will be refunded the entire amount back if the appointment is
cancelled before 1 hour of the scheduled booking but Mechuni will not
beliabletogiverefund if the user fails to cancel the appointment as per the
terms of this Agreement.
- c. Mechuni shall not be liable to give refund if the user wishes to re-schedule
the booked appointment before 1 hour of the scheduled appointment
andschedulesthe booking on any next date.
- d. The user will not be refunded with the entire amount if there is cancellation
of appointment by the user or if the user is not ready to followany
instructionsgiven by Mechuni or if the user is not residing at his pace of
residence when the Mechuni employee visits the place as communicated by the
user.
- e. The user will be refunded the entire paid amount if it is found that any
materials supplied to the user is defective, missing or has been
damagedproperly.
- f. The user shall not be refunded back any amount, if he has failed to comply
with the conditions put up by Mechuni under this Agreement.
9. INDEMNIFICATION.
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You hereby agree and hold that Mechuni and its affiliates, contractors, employees,
officers, directors, agents and third party partners harmless fromany andall
claims,losses, damages, liabilities, costs and expenses, including without
limitation, legal fees and expenses, caused by or arising out of claims based upon
your actionsorinactions or related to your use or misuse of the Website, any
violation of these Terms or any of the covenants made by you herein, which may
result inanylossorliability to Mechuni or any third party.
10. INTELLECTUAL PROPERTY RIGHTS.
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All material and content on the Website or App, including images, illustrations,
text, graphics, logos, button icons, images, audio clips, digital downloads,
datacompilations and software, is our property, or the property of our affiliates or
content suppliers, and is protected by Indian law, including copyright, trademarks,
andother intellectual property rights that are owned and controlled by us or by
other parties that have licensed their material to us. The compilation of all
content onWebsite is our exclusive property, and is protected by laws of India. You
hereby agree to not copy, reproduce, republish, upload, post, transmit or
distributesuchmaterial in any way, including by e-mail or other electronic means
whether directly or indirectly and you must not assist any other person to do so.
Without thepriorwritten consent of the owner, modification of the materials, use of
the materials on any other web site or use of the materials for any purpose other
thanpersonal,non-commercial use is a violation of the copyrights, trademarks and
other proprietary rights, and is prohibited
11. LICENSE TO USE WEBSITE.
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We grant you a limited license to access and make personal use of Website or App,
but not to modify it, or any portion of it, except with our
writtenconsent.Thislicense does not include any resale or commercial use of the
Website or App or its contents; any derivative use of the Website or App or its
contents; anydownloading or copying of account information for the benefit of
another user, or any use of data mining, robots or similar data gathering and
extractiontools.
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Website or App or any portion thereof (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not bereproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited for
any commercial purpose without our express writtenconsent.
12. PRIVACY
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By using the Website, you agree to our Privacy Policy www.mechuni.com, the terms of
which are incorporated into, and form a crucial part of, these Terms.
OurPrivacyPolicy sets out the terms on which we process any personal or financial
data we collect from you, or that you provide to us. Our Privacy Policy shall
alsoapplytoyouruseof Website and App and by using the Website or App, you consent to
such processing and you warrant that all data provided by you is accurate.
13. GOVERNING LAW AND JURISDICTION.
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These Terms are governed by and construed in accordance with the laws of India. You
agree, as we do, to submit to the exclusive jurisdiction of courts
inBangalore,India.
14. CONTACT INFORMATION.
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If a User has any questions concerning the Company, the Website or App, this
Agreement, the Services or anything related to any of the foregoing,
pleasewritetousatreach us at support +91- 9010154971