MyMotoCo

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TERMS AND CONDITIONS FOR MYMOTOCO WALLET 

  1. GENERAL 

This platform https://www.mymotoco.com/ belongs to MyMotoCo Autotech Private Limited, a Company registered under the Companies Act, 2013 having its registered office at C/o Krishan Bir, VPO, Basement B/Kalan Main Rd, Bhorakalan, Gurgaon, Haryana-122413. All the rights and privileges including the Intellectual Property Rights vested on the platform shall rest with MyMotoCo Autotech Private Limited. 

  1. DEFINITIONS 

2.1. “Agreement” means these terms and conditions including but not limited to all its Exhibits, Annexures, Schedules, Terms of use, Privacy Policy, Return & Refund Policy, Shipping & Delivery Policy (together “Policies”) and any other such documents read with these terms and as amended, appended, replaced and renewed from time to time. 

2.2. “Company” means “MyMotoCo Autotech Private Limited” or any other such subsidiary owned or controlled by the aforementioned entity. 

2.3. “Platform” means the website developed by the Company that is https://www.mymotoco.com/ 

2.4. “Wallet” means the digital wallet, hereinafter referred to as “MyMotoCo wallet” which forms the integral part of the platform. 

2.5. “Recharge” means adding money to the wallet digitally through the payment mechanism provided on the platform. 

2.6. “Products” means the industrial parts and equipment available for purchase on the platform including all necessary parts and accessories for vehicles, such as engines, transmissions, brakes, tires, mirrors, seats, headlights, bodies or frames of vehicles, including chassis, carriages, trailers, and semi-trailers, navigation systems, audio systems, air conditioning systems, safety devices, Products used for the maintenance and repair of vehicles, including lubricants, filters, lighting, electricals, cleaning products, tools and any other such spare parts used in the said vehicles. 

2.7. “Services” means any service rendered or delivered by the Company either online or in person through any of the representatives, employees or agents authorized by the Company.

2.8. “Customer” means any person or entity purchasing the products or services from the Company including but not limited to fleet owners, mechanics or any other such Customer making the purchase through the platform.

2.9. “Applicable law” means all laws, brought into force and effect by the Government of India or the State Government including rules, regulations, notifications, judgments, decrees, injunctions, writs and orders. 

2.10. “User Account” means the account created by the Customer through the credentials including User ID, Password or any other such credentials as required on the platform. 

2.11. “Party” means Company or Customer individually as applicable. 

2.12. “Parties” means both the Company and the Customer referred jointly. 

2.13. “Intellectual Property Rights” shall mean and include ideas, concepts, creations, discoveries, domain names, inventions, improvements, know how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments. 

2.14. “Slab Benefit System” means the discounts provided to the Customer in the form of Coupons as an incentive for recharging the Wallet and which is more particularly described in the Annexure hereunder this Agreement. 

2.15. “Third-Party” means Bank, Payment Merchant or any other such person or entity who does not form a part of this Agreement. 

  1. REPRESENTATIONS AND WARRANTIES 

3.1. Each Party represents and warrants that it is legally competent to enter into this Agreement and transact as per the terms and conditions set forth in this Agreement. 

3.2. Each Party represents and warrants that it has all the requisite licenses, approvals and permits to transact as per the terms and conditions set forth in this Agreement. 

  1. SCOPE OF SERVICES

4.1. The Customer shall access the Wallet present in the user account over the platform through their credentials i.e., account username and password created by them or provided by the Company for the usage of the Wallet on the platform. 

4.2. The Customer shall be responsible for maintaining the security of their user account credentials, including but not limited to Passwords, PINs or any other authentication mechanisms including OTP(s), verification SMS or emails as provided by the Company. 

4.3. The Customer shall not share the user account credentials with any third-party. 

4.4. The Customer shall immediately inform about any unauthorized use or transaction in the Wallet through the Customer support mechanism of the Company. 

4.5. The Customer shall recharge the Wallet as per the mechanism set forth in this Agreement. 

4.6. The order shall be placed through the discounted coupons provided by the Company at its sole discretion to the Customer in lieu of the recharge slab selected by the Customer. 

4.7. The aforementioned coupons shall be provided to the Customer on the basis of the slab benefit system as prescribed by the Company at its sole discretion and annexed herewith this Agreement. 

4.8. The Customer understands and acknowledges that the slab benefit system is subject to change or amendment as and when deemed fit by the Company and as updated through writing on the platform.

4.9. The Company shall deliver the products or services as per the instructions of the Customer placed through the platform. 

4.10. Any query of the Customer pertaining to Wallet transaction shall be resolved through the Customer support mechanism as provided on the platform. 

  1. RECHARGE AND PAYMENT MECHANISM 

5.1. MyMotoCo Wallet provides their Customers with a faster, easier, hassle-free and convenient checkout to process their payments and secure such payment transactions. The Customer may also at its sole discretion use any other payment method like UPI, NEFT, RTGS, IMPS, Card Payment, Net Banking, Cash on Delivery etc. for purchasing the products accessible on the platform or availing any such service from the Company. 

5.2. The Recharge in the Wallet shall be made through the recharge section of the platform via UPI, NEFT, RTGS, IMPS, Card Payment, Net Banking or any other such method of wire transfer as provided on the platform. 

5.3. The Customer understands and acknowledges that the minimum value for the recharge will be Rs. 10,000/- (INR Ten Thousand Only) and the maximum value for the recharge will be Rs. 10,00,000/- (INR Ten Lacs Only) / or any value as per customer’s sole discretion.

5.4. The Customer understands and acknowledges that each transaction shall be subject to a processing fee as may be charged by the Bank, Payment Merchant or any other third-party service provider. 

5.5. The consent of the Customer shall be deemed to be given when clicked “Proceed to Payment” button. Upon receipt of payment confirmation, the balance amount shall be reflected in the Wallet. 

5.6. The payment transaction shall be made through a Bank or Payment Merchant and the Company shall not be responsible for any failure in the transaction during recharge. 

5.7. In case if the Customer wishes to place an order for the product of value more than the balance available in the Wallet, the remaining amount shall be payable through any other available payment mechanism like UPI, NEFT, RTGS, IMPS, Card Payment, Net Banking, Cash on Delivery etc. 

5.8. Upon the procurement of product through the Wallet, the Customer shall be provided with such additional discount coupons which shall be applied at the checkout page. Once the discount is applied therein, the final amount shall be deducted from the Wallet and the remaining balance shall be reflected. The discounted coupon shall be provided to the Customer at the checkout page as per the slabs defined by the Company from time to time in the slab benefit system as annexed herewith this Agreement.

5.9. The Customer shall be entitled to claim a refund of the residual balance after minimum 30 days of recharge subject to deduction of a fee which will be equivalent to the slab benefit provided to the Customer. For the purpose of clarity, the slab benefit fee shall mean the discount availed by the Customer as duly defined in the Annexure. This clause can be better understood through the illustration stated below: 

ABC Limited recharges the Wallet with an amount of Rs.500,000/- and they receive a 10% discount coupon against the recharge which can be applied during checkout. ABC Limited after purchase of goods utilizes the funds amounting to Rs. 450,000/- for purchasing the products. After a passage of a month, ABC Limited claims the residual amount of Rs. 50,000/-. In this situation ABC Limited shall receive the refund of Rs. 4,5000/- after deduction @10%, which was the rate of discount availed by ABC Limited. 

  1. GRIEVANCE REDRESSAL / CUSTOMER SUPPORT MECHANISM 

6.1. Grievance Redressal: The Customer in case of any query, grievance, dissatisfaction or complaint with the service pertaining to the Wallet, shall have the right to contact the designated Grievance Redressal Officer through the contact details and address as mentioned herein below: Mr. Sanchit Rathi

Designation: CEO 

Corporate Address: MyMotoCo Autotech Pvt Ltd., Basement B/Kalan Main Rd, Bhorakalan, Gurgaon, Haryana-122413 

Web link: www.mymotoco.com/contact 

E-mail ID: info@mymotoco.com 

Customer Support Number: 8882862538 

  1. TERM AND TERMINATION 

7.1. This Agreement shall be valid for the term until the sustenance of Wallet by the Customer. 7.2. This Agreement may be terminated: 

a) by the Customer upon deactivation of their user account 

b) by the Company if it finds that the Customer is indulged into any unlawful activities such as misrepresentation, fraud, wilful negligence, or any unauthorized use of the Wallet. 

        8.  DISCLOSURE OF INFORMATION 

8.1. In order to provide the enhanced delivery of products or services, the Company’s employees/ agents/ representatives shall have access to the credentials of the Customer. The Customer hereby consents to providing such access to the Company. The Company hereby declares that the user data shall be, collected, processed, and stored strictly in accordance with the applicable Data Protection laws of India. 

  1. DATA PROTECTION 

9.1. The Company may collect, process and store personal data and sensitive information provided by the Customer for the purpose of supply of their products and services available on the platform. This includes but is not limited to, the Customer’s name, email, mobile number, address, payment records, card details, UPI ID etc., or any other information necessary for the provision of products and services of the Company. 

9.2. The Company is committed to protecting the privacy and security of your personal data and sensitive information. By using the services of this Wallet, Customer consents to the collection, processing, and storage of their personal information in accordance with the “Privacy Policy” provided on the platform. The Company will only use the data for the purposes specified in the “Privacy Policy” and terms set forth in this Agreement. The Company will take all the reasonable measures to protect such

data from any unauthorized access, disclosure, alteration or destruction as per the applicable law including Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“2011 Rules“) and Digital Personal Data Protection Act, 2023 (as and when applicable). The Company may share such data with trusted third-parties for the provision of services such as including Banks, Payment Merchants or any such service providers, only to the extent necessary with appropriate safeguards in place. The Customer has the right to request access, correct or delete their personal data any time by addressing it to the Company. By agreeing to this clause, the Customer understands and acknowledges the Data Protection practices of the Company. 

9.3. Notwithstanding anything provided under this clause, in case of any proven breach by the Company in any form or shape, including any potential losses, lost money, lost profits or goodwill, risks, liabilities, costs, consequential damages, punitive damages or any such third-party claims whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen, shall not exceed the total aggregate liability of the Company under this Agreement is intended to limit or restrict the rights of the Company to more than INR 10,000/- (Rupees Ten Thousand Only) 

  1. CONFIDENTIALITY: 

10.1. Each party (“Disclosing Party”) may disclose certain business information (“Confidential Information”) to the other party (“Receiving Party”) in connection with this Agreement. Confidential Information may include business strategies, financial information, technical data, and any other information identified as confidential by the Disclosing Party. 

10.2. Non-Disclosure: The Receiving Party agrees to keep all Confidential Information received from the Disclosing Party as strictly confidential and to use such Confidential Information solely for the purpose of fulfilling its obligations under this Agreement. 

10.3. Exceptions: The obligations of Confidentiality set forth in this clause shall not apply to any information that: 

  1. a) Is or becomes publicly known through no fault of the Receiving Party. 
  2. b) Is rightfully received by the Receiving Party from a third-party without any obligation of Confidentiality. c) Is independently developed by the Receiving Party without reference to the Confidential Information disclosed by the Disclosing Party. 
  3. d) Is required to be disclosed by law or by a Government authority, provided that the Receiving Party shall furnish the Disclosing Party with a prompt notice of such requirement to allow the Disclosing Party to seek a protective order, injunctive relief or any other appropriate remedies available under the law or equity.

10.4. Protection of Confidential Information: The Receiving Party shall take all reasonable measures to protect the Confidentiality of the Confidential Information and prevent its unauthorized disclosure by implementing appropriate physical, electronic, and procedural safeguards. 

10.5. Return or Destruction of Confidential Information: Upon termination of this Agreement, or upon written request by the Disclosing Party, the Receiving Party shall promptly return or destroy all the Confidential Information in its possession and provide written certification of such return or destruction to the Disclosing Party, if requested. 

10.6. Survival: The obligations of Confidentiality shall survive the termination of this Agreement. 11. INDEMNIFICATION 

11.1. The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to any breach of this Agreement by the Customer, including but not limited to: 

  1. a) Unauthorized use of the Wallet by the Customer or any third-party acting on behalf of the Customer. b) Violation of any applicable laws or regulations 
  2. c) Misuse of the Wallet 
  3. d) Any activity which harms the goodwill of the Company. 

11.2 The Company shall promptly notify the Customer in writing of any claim for which indemnity may be sought under this clause, provided that failure to give prompt notice shall not relieve the Customer of its obligations hereunder except to the extent it is materially prejudiced thereby. The Customer shall have the right to control the defense and settlement of any such claim, provided that it shall not settle any claim without the prior written consent of the Company, which consent shall not be unreasonably withheld, delayed, or conditioned. 

11.3 Survival: The obligations of indemnity set forth in this clause shall survive the termination of this Agreement. 

  1. LIMITATION OF LIABILITY: 

12.1. Notwithstanding anything to the contrary contained herein, neither party shall be liable to the other party for any special, indirect, incidental, consequential, or punitive damages arising out of or

related to this Agreement, whether in contract, tort, or otherwise, even if advised of the possibility of such damages. 

12.2. Notwithstanding anything provided under this Agreement, in case of any proven breach by the Company in any form or shape, including any potential losses, lost money, lost profits or goodwill, risks, liabilities, costs, consequential damages, punitive damages or any such third-party claims whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen, shall not exceed the total aggregate liability of the Company under this Agreement or is intended to limit or restrict the rights of the Company to more than INR 5,000/- (Rupees Five Thousand Only) 

  1. INTELLECTUAL PROPERTY RIGHTS 

13.1. The Company shall retain all rights, titles and interest without limitation, all Intellectual Property Rights upon and relating to the Intellectual Property owned and developed by the Company (and any derivative works or enhancements thereof), including but not limited to the platform, source code, software, application, content, material, trademarks, patent or guidelines provided on the platform and any other such “Intellectual Property Rights” defined under this Agreement or as per the applicable law. 

13.2. The Customer shall have no claim and neither claim any Intellectual Property Rights over the platform or any other such Intellectual Property Rights belonging to the Company. In case of any such claim, the Company shall have right to claim damages such as monetary or penal damages, injunction or relief as directed by order of the competent authority. 

13.3. This clause shall survive the termination of this Agreement. 

  1. DISCLAIMER OF WARRANTIES 

14.1. The Company provides products or services on ‘as is’ basis and ‘as available’, without any representations or warranties of any kind, express or implied. The Company makes no warranties regarding the accuracy, reliability, completeness, or timeliness of the products or services. The Company disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk arising out of the use or performance of the products or services remains with the Customer. In no event shall Company be liable for any damages whatsoever arising out of or in connection with the use or performance of the products or services.

14.2. By accessing or redirecting to any other platform(s), the Customer assumes all associated risks. Customer agrees to assess and bear any risks related to the utilization of any content(s), product(s), and/or service(s), and acknowledges that under no circumstances shall the Company be held liable for any loss or damage incurred due to the use of any content, product or service provided on such third-party platform. The Company does not consistently pre-screen or endorse Content (unless specified), however, Company reserves the right (but is not obligated) to reject, remove, or relocate any Content available on the platform, if it violates the Terms of this Agreement or for any other reason, at its sole discretion. 

  1. MISCELLANEOUS 

15.1. WAIVER AND REMEDIES 

15.1.1. No waiver of any provision of this Agreement shall be valid unless expressly made in writing and signed by the Party to be charged therewith. The waiver of a breach of any provision of this Agreement shall not be deemed to constitute a waiver of any other subsequent breach of the same or any other provision hereof. 

15.1.2. No failure or delay by the Parties in exercising any right or remedy provided by Law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other right or remedy. The rights and remedies of the Parties under or pursuant to this Agreement are cumulative, may be exercised as often as such party considers appropriate and are in addition to its rights and remedies under the general Laws. 

  1. FORCE MAJEURE 

In the event that either party is unable to perform its obligations under this Agreement due to a force majeure event, including but not limited to acts of God, War, Terrorism, Natural Disasters, Government actions, or other unforeseeable circumstances beyond the reasonable control of the affected party, such party shall be excused from performance for the duration of the Force Majeure event. The affected party shall promptly notify the other party of the Force Majeure event and its anticipated impact and both parties shall cooperate in good faith to mitigate the effects of the event. If the Force Majeure event continues for a period exceeding 180 days, either party may terminate this Agreement by providing a written notice to the other party. Notwithstanding anything contrary provided in this clause, the Customer after the occurrence of such Force Majeure event shall be liable to fulfil and clear all the outstanding dues

of the Company (if any) for the products and Services delivered by the Company prior to the occurrence of such Force Majeure event. 

  1. SEVERABILITY 

If any term or provision of this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement, but the enforceability of the remainder of this Agreement shall not be affected. Further, the severed provision shall be replaced by such provisions as may be mutually agreed by the Parties, in compliance with applicable Law, to reflect the intent and commercial understanding between the Parties. 

  1. COST AND EXPENSES 

Each Party agrees that it shall bear by itself all costs and expenses incurred by it in connection with any discussions, negotiations and investigations undertaken in connection with the subject matter hereof, including costs and expenses associated with retention of legal and other professional advisers. 

      19. NOTICES 

All the communication including notices or letters shall be made in writing in the address as provided by the Parties in the user account (in case of customer) and registered address (in case of Company) or shall be deemed to be delivered electronically through email or facsimile. 

  1. CUSTOMER QUERIES 

All the queries of the Customers shall be resolved through the Customer support mechanism provided on the platform. To reach the Customer support team, the Customer can write to the Company at info@mymotoco.com, or connect with us at +91 8882862538 or +91 9351460702. 

  1. PRIVITY OF CONTRACT 

Save as otherwise expressly provided in this Agreement, any Person who is not a party to this Agreement shall not have any right to enforce any term of this Agreement.

  1. AMENDMENTS 

This Agreement may be amended from time to time in writing and in accordance with the applicable laws at the sole discretion of the Company. 

  1. SURVIVAL 

All the clauses which logically ought to survive shall survive the termination of this Agreement.

      24. ENTIRE AGREEMENT 

The Parties acknowledge that this Agreement along with the Schedules, Annexures attached thereto, if any, constitute the complete understanding between the Parties with regard to rendering of Services and shall supersede all previous communications, either oral or written, between the Parties with respect to the subject matter hereof, and no Agreement or understanding varying or extending the same shall be binding upon any Party, unless in writing duly updated on the platform and consented by the Customer while using the platform. It is expressly agreed that the terms of this Agreement shall supersede the terms in any purchase order or other documents executed between the parties with reference to the Services. 

  1. SEVERAL INTERPRETATIONS 

This Agreement may be read together with the platform terms and conditions including Privacy Policy (https://www.mymotoco.com/privacy-policy-cookie-restriction-mode), Cancellation, Return and Refund Policy (https://www.mymotoco.com/return-refund-policy), Shipping and Delivery Policy (https://www.mymotoco.com/shipping-and-delivery-policy), Terms and Conditions of Use (https://www.mymotoco.com/terms-and-conditions-of-use) and any other such provisions as provided on the platform. In case of any ambiguity, the terms of this Agreement will prevail. 

  1. GOVERNING LAW 

This Agreement shall be governed in accordance with the laws of India.

  1. DISPUTE RESOLUTION 

Any disputes arising out of this Agreement shall be resolved amicably between the Parties through mutual discussion and negotiation in good faith and in case the Parties fail settle such disputes amicably, the same shall be settled through Arbitration by sole arbitrator appointed mutually by the Parties and in accordance with Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be Gurugram, Haryana and the proceedings shall be conducted in English Language. 

  1. JURISDICTION 

The courts in Gurugram, Haryana shall have exclusive and competent jurisdiction over any dispute(s) arising out of this Agreement.


ANNEXURE-A 

SLAB BENEFIT SYSTEM

Wallet Recharge Slab (INR)  Coupon Discount 
1,00,000  5% 
3,00,000  7.5% 
7,00,000  10 %
10,00,000  12.5 %

Note : The above mentioned Wallet Recharge Slabs and discount rates are subject to revision from time to time.

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