Terms & Conditions

Terms & Conditions (CRES India)

When you use our products or services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, and Terms of Use for access or usage of CRES- INDIA website. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.cres-india.com/privacypolicy.php By accepting these User Terms, you also allow CRES-INDIA to send you promotional emails and SMS alerts from time to time.

1. Definitions:

  • Account” shall mean the account created by the Customer on the Application for availing the Services provided by CRES-INDIA
  • 'Vehicle' shall mean any vehicle provided by the Customer for performance of the Services.
  • Additional Fee” shall mean any toll duty, inter-state taxes, etc. as may not be included in the Fare or not already paid as a part of the Total Service Cost but payable to any third party / government authorities for undertaking the Service under Applicable Law.
  • 'Auto-Repair Shop' shall mean any person or entity possessing the Vehicle Repair Shop and providing the Services to the Customer.
  • 'Services' shall mean and include the Automotive Repair and Maintenance; the pickup and drop services and / or transportation services to be provided by the Auto-Repair Shop from and to such locations as may be requested by You.
  • “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
  • Application” shall mean the mobile/web application “CRES-INDIA” updated by CRES-INDIA from time to time.
  • Convenience Fee”/”Access Fee” shall mean the fee payable by the Customer to CRES-INDIA for the Service i.e., for availing the technology services offered by CRES, door to door service, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
  • “Cancellation Fee” shall mean the Subscription and/or Convenience and/or Service Fee payable towards cancellation of a Subscription and/or Convenience and/or Service by a Customer.
  • City of Operation” shall mean a city in which the Customers and Auto-Repair Shops avail and render the Auto-Repair Services respectively. For clarity, the services rendered by the Auto-Repair Shops and availed by the Customers shall be in the same city.
  • 'Customer' or 'You' shall mean any person availing the Services provided by the Auto-Repair Shops.
  • 'Force Majeure Event' includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
  • “Cost” shall mean such amount in Indian Rupees, which is reflected on the Application, as the cost payable for the specific service performed by CRES and/or Auto-Repair Shop.
  • “CRES-INDIA” or “us” or “we” or “our” shall mean Yash Marketing, a Proprietorship firm with its corporate office at “13A, Asha Complex, 414, New Mangalwar Peth, Pune-411011”
  • “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by CRES-INDIA from the Customer from time to time for registration on the Application or the Web Portal.
  • “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
  • “TPSP” shall mean a Driver and/or an operator associated with us offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application or the Web Portal.
  • Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act, 1988.

2. Service:

The Company provides technology-based services for booking Vehicle(s) Services in certain cities of India basis to you and you agree to avail the Services offered by third party Service Providers, Auto-Repair Shops (Service Provider), Automotive Spare Parts Supplier or Platform operators. Company shall take your booking request and forward it to the Service Provider and the Service Provider shall have the sole discretion to accept or reject such request. The Service Provider has discretion over whether to receive the booking request made by the Company. If the Service Provider accepts the booking request made by the Company for the Services, the Company shall notify you and provides the information regarding the Service Provider including its name, Contact Person name, contact number etc. The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to provide Services subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company. For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Service Provider who shall render the Service to you. The provision of the Services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement. Even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his Services in which event the Company shall not be held liable to you. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all-time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the correct portal or dial-in the accurate call center number. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Vehicles Service. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation; You will comply with all applicable laws; You will treat the Service Provider introduced to you through us with respect and not to cause damage to their Assests or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their Service; You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms. Please note that we are not responsible for the behavior, actions or inactions of the Service Provider, quality of Service which you may use (through us or otherwise). Any Contract for the provision of Services is between you and the Service Provider and not us and we simply provide a platform to introduce the Customer and the Service Provider.

3. REGISTRATION AND ACCOUNT:

By using the Web Application of the Company, you further agree that:

  • You will use the Application for your sole, personal use and will not resell it to a third party.
  • You will not authorize others to use your account.
  • You will not assign or otherwise transfer your account to any other person or legal entity.
  • You will not use an account that is subject to any rights of a person other than you without appropriate authorization
  • You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes
  • You will not use the Application to cause nuisance, annoyance or inconvenience.
  • You will not impair the proper operation of the network.
  • You will not try to harm Application or Web Portal in any way whatsoever.
  • You will not copy, or distribute the Application or web portal or other Company Content without written permission from Company.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Application or the Web Portal.
  • You will provide us with whatever proof of identity we may reasonably request.
  • You will not use the Application or the Web Portal with an incompatible or unauthorized device.
  • You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or the Web Portal.

The Company reserves the right to immediately terminate use of the Application should you not comply with the any of the above rules. The cost or service cost or Spare Part Cost range displayed in the ‘Web Portal’ provided in the CRES Web Portal is an estimate. The actual cost payable will be displayed after completion of Service or communicate to the Customer via e-mail or SMS. The Company takes no responsibility for the accuracy of the estimates and any variation between the estimate and the actual Cost. Above estimates are exclusive of all transport charges, packing charge & discounts etc. Transport and other charges are payable separately at actual.

4. Charges and Payment:

CRES shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of CRES. The Convenience Fee or Access Fee shall be payable by you to CRES and shall be informed to you before you begin your Servicing or use of web Portal.
You will make payment in full for the Services provided to you. You shall be required to pay service charges for the Service to the Service Provider and the rates can be found on the Web Portal Login of the Company. The Service charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the current service charges for the Services. Convenience charge (booking fee) shall be applicable as per the rates provided in cost chart of the respective city. You agree that you will pay for all Services you purchase from the Service Provider either by way of cash or any available non-cash/digital payment modes like credit/debit card/ wallet /UPI/pay later merchants or any new payment methods that the Company introduces from time to time. In the event the payment cannot be accepted through non-cash/digital modes, you shall be required to pay the Service charges by way of cash. Any payment made is non-refundable. At the end of the service, we will facilitate for you to receive a copy of the invoice on your registered e-mail account with the Company. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. CRES shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.

5. USER VIOLATION OF USER TERMS:

You shall not cause any damage to the assets of service provider and follow the Rules and policy of service Provider when in their location of Business. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Service. In the event You fail to pay fine after the completion of the Service, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by CRES.

6. EMERGENCY SERVICES TO CUSTOMER:

By accepting these User Terms and on raising a support ticker from your login on the CRES web Portal, You consent to CRES using its best endeavors to provide You with assistance during a safety incident, emergencies or distress, as per CRES’s internal policies on emergency response. CRES may undertake remedial action(s), including, but not limited to the following:

  • When you raise a support ticket, the CRES representative may escalate the incident internally or liaise with any third-party security service providers to assist You and/or deploy response teams to Your location.
  • CRES may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; CRES may also provide such authority with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.
  • Further to the above, You may receive telephone calls from an CRES representative and/or the relevant response team upon raising a support ticket.
  • Under this clause, You give Your express consent to permit CRES to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.
  • CRES will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.
7. Indemnification:

By accepting these User Terms and using the Web Portal, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Application, or (c) your use or misuse of the Application or Website.

8. Liability:

The information, recommendations and/or Services provided to You on or through the Site, the Application and CRES call center are for general information purposes only and does not constitute advice. CRES will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
CRES shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in CRES’s control. You must book Car service after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, CRES shall only endeavor to get You in touch with the Service Provider assigned for Your Car Service. CRES shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Web Portal. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the Service, CRE will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform CRES of the same in writing within 24 (twenty four) hours of using the Services of CRES. In the event it is found, You shall be informed about the CRES office from where You can collect it after 3 (three) working days from the date You were informed. CRES however shall not be responsible for delivering the same back to You. If requested, CRES may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the CRES office. CRES shall charge You a flat fee of Rs 500 for such delivery. CRES does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
The Company shall not be liable for any damages resulting from the use of or inability to use the website or application including damages caused by malware, viruses or any incorrectness or incompleteness of the information or the website or application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of the Company.
The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the website or the application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 500.
The quality of the Services requested through the use of the application or the Service is entirely the responsibility of the Service Provider who ultimately provides such Services to you. The Company under no circumstance accepts liability in connection with and/or arising from the Services provided by the Service Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Service Provider. Any complaints about the Services provided by the Service Provider should therefore be submitted to the Service Provider.

9. Intelectual Property Rights (Trademarks and Copyrights

The Company is the sole owner and lawful licensee of all the rights to the web site, mobile application or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile application or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. All the contents on this web site is copyright of the Company except the third-party content and link to third party website on our website. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the application on a single mobile device that you own or control and to run such copy of the application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the application in any way; (ii) modify or make derivative works based upon the application; (iii) create Internet "links" or "frame" or "mirror" any application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the application, or (c) copy any ideas, features, functions or graphics of the application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the application.

10. TERM AND TERMINATION OF LICENSE AGREEMENT:

The Contract between the CRES and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the application installed on your smart phone or deleting your user from the Web porta, thus disabling the use by you of the application and the Service. Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse the application or the Service. The Company is not obliged to give notice of the termination of the Contract in advance.

11. Invalidity of one or more provisions:

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

12. CONFLICT:

In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and CRES, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

13. DISCLAIMER:

You agree that CRES is merely an electronic platform to facilitate aggregation of Vehicle(s) Service(s) and does not in any manner provide Transportation or Auto Repair services. CRES does not endorse, advertise, advise or recommend You to avail the Services of any Auto Repair Shop. CRES also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us. CRES and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from CRES or any other person's negligence or otherwise). All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

14.Modification of the Service and User Terms:

The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the Service, application or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

15.Notice:

CRES may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.

16.Assignment:

You may not assign your rights under these User Terms without prior written approval of the CRES.

17. APPLICABLE LAW AND DISPUTE RESOLUTION:

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of CRES as CRES may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by CRES and You. The place of the arbitration shall be Pune, Maharashtra, unless otherwise mutually agreed by CRES and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Pune, India.

Back to top