TERMS & CONDITIONS
The roadside assistance is a service provided to mobilize vehicle which has become disabled due to unexpected breakdown. While providing roadside assistance, we carry out temporary repairs and not regular maintenance which are normally carried out at authorized workshops
Tochanwala is an platform to help users who are stranded due to vehicle immobilized. To provide services we forward your details to our vendors. It is up to the Vendor to offer their services, which may be scheduled through use of Tochanwala application. Tochanwala does not, and does not intend to, provide Vendors or act in any way as a Vendor, and has no responsibility or liability for any Vendor provided to (or failed to be provided) nor for the actions or inactions of any Vendor.
The app or website is a communications platform for enabling the connection between individuals seeking to obtain Vendor and/or individuals or companies seeking to provide Vendor. Tochanwala does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Vendors. When interacting with Vendors you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Platform, you agree to hold Tochanwala free from the responsibility for any liability or damage that might arise out of the transactions involved. Neither Tochanwala nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Platform or Vendor nor any Vendors. Tochanwala and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the App or the Vendor.
Representations and Warranties
By using the app, you expressly represent and warrant that you are legally entitled to enter this Agreement. The app is not available to minors (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the app, you represent and warrant that you are at least 18 years old, and/or are otherwise capable of entering into binding contracts. By using the app, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the app is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the app you agree to comply with all applicable laws of the state and city in which you are present while using the app. You may only access the app using authorized means. It is your responsibility to check to ensure you download the correct app for your device. Tochanwala is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the app for your handset. By using the app, you agree that:
• You will only use the app for lawful purposes; you will not use the app for sending or storing any unlawful material or for fraudulent purposes.
• You will not impair the proper operation of the network.
• You will not try to harm the app in any way whatsoever.
• You will not copy, or distribute the app or other content without written permission from Tochanwala Assistance.
• You will provide us with whatever proof of identity Tochanwala may reasonably request.
• You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the app for commercial purposes (other than as expressly permitted by the app and by the provider of such information, software or other material).
• You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the app or website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, copyright or other proprietary rights.
License Grant & Restrictions
Tochanwala hereby grants you a non-exclusive, non-transferable, right to use the app, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Tochanwala and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the app or website in any way; (ii) modify or make derivative works based upon the app or website; (iii) create Internet “links” to the app or “frame” or “mirror” any app or website on any other server or wireless or Internet-based device; (iv) reverse engineer the app; (v) access the app or website in order to (a) build a competitive product or app, (b) build a product using similar ideas, features, functions or graphics of the app, or (c) copy any ideas, features, functions or graphics of the app, or (vi) 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 app. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violate of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the app or website or the data contained therein; or (v) attempt to gain unauthorized access to the app or website or its related systems or networks.
Tochanwala, at its sole discretion, can make promotional offers with different features and rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Tochanwala may change the fees for our services or packages as we deem necessary for Tochanwala. We encourage you to check the Tochanwala website or app frequently if you are interested about how we charge for the services or packages. We may not be responsible for determining fees charged by Vendors, so you should be sure to review all pricing and other terms of any agreement or transaction you conduct with them.
Breaches of these terms and conditions
Without prejudice to Tochanwala’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Tochanwala may take such action as Tochanwala deems appropriate to deal with the breach, including suspending your access to the app, prohibiting you from accessing the app, blocking computers using your IP address from accessing the app, contacting your internet Platform provider to request that they block your access to the app and/or bringing court proceedings against you.
The following words or terms shall have the meaning ascribed to them wherever they appear in this Package, and references to the singular or to the masculine shall include references to the plural and to the female wherever the context so permits:
1) “Benefits” means services and/or interests to be extended to the customers covered under the Package.
2) Breakdown / covered event means a covered vehicle is immobilized due to : –
a. Mechanical or electrical breakdown
b. Road Traffic Accident
c. Pilot Error
d. Fuel Problems : out of fuel, incorrect fuel, or contaminated fuel
e. Key problems: locked keys or lost keys
f. Tyre problems: Flat Tyre change, bolts or valve related issues
g. Dead Battery – Jump Start
3) Assistance will be provided within the Covered Area or reach of our vendors
4) Customer/User/Subscriber means You
5) We/Tochanwala means Tochanwala Assistance
6) Customer Consents & Confirmations : –
a. Further, the Customer has and hereby consents to the use of the Personal Information by the company for the purposes of providing the various services under the Package(s) offered by the company. The company respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality .
b. The Customer also hereby consents to the Personal Information being disclosed by the company to a third party contracted by the company, Service Partner of the company who may be engaged under the Package(s) for the purpose of fulfilment of the services or if required by law.
c. The Customer expressly and without limitation, consents to the company or its service partners recording phone calls between the Customer and the company on the helpline numbers set out in the relevant Package Terms in order for company to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements
d. The Customer acknowledges that the company has the sole right to vary the features/benefits under the Package(s) or the amount or rate of the subscription fee or part thereof, from time to time .
e. The Customer acknowledges that the company can engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to the company disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Package(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer
f. The Customer hereby consents to receiving period SMS / email communication from the company of information pertaining to its product features / services .
7) Confidentiality: – Company shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.
8) The company shall not be liable for any indirect loss, loss of data, loss of income or consequential loss of any form whatsoever due to the defect arising in the covered asset or due to repair / replacement in the covered asset
9) The membership of this Package is non-transferable and shall be valid for service only in feasibility of Tochanwala Assistance or their partners
10) The company reserves the right to decline the services in case of misrepresentation of the facts by the customer during the purchase or at the time of service without refund of money
11) Notices: – Any notice required under the Terms and/or the relevant Package Terms must be reached through email – [email protected]
Understanding the Benefits: –
Towing – In the case of a mechanical or electrical failure or a road accident if your vehicle is immobilized and needs towing you can choose to have your vehicle towed to an authorized brand dealership/ brand service centre/ any repair workshop (whichever is nearest from the breakdown location) for your vehicle to be repaired. All cost of repairing the vehicle at the dealership/service centre or workshop where the vehicle is dropped shall remain the responsibility of the customer and Tochanwala Assistance shall not be liable to pay for repair cost of the vehicle.
For Non Premium Members, Free towing will be provided by Normal Winch Tow or Hydraulic Tow Truck
For Premium Members, Free towing will be provided by Flatbed Tow Truck or Zero Degree Flatbed Tow Truck
Mechanical Faults/Onsite Repair – Minor repair that can be carried on the spot, however it will be sole discretion of Tochanwala Assistance basis the type of event to cover it in mechanical onsite repair service. Spare Part charges are extra. Labour cost may vary depending scope of work and to be paid extra by you.
Flat Tyre – In flat tyre case we will change the flat tyre provided the vehicle has a roadworthy spare tyre available. If a spare tyre is not available or tyre bolts are jammed we will tow the vehicle to the nearest authorized workshop / tyre repair workshop whichever is nearest on as per actual cost. Or else we remove vehicles tyre and get it repaired from nearest puncture shop. The cost of repair or the cost of tube is to be borne by you. Onsite puncture repair or onsite tyre inflat are subject to avaibility of vendor
Fuel Problem – If a vehicle runs out of fuel, we will supply enough fuel (maximum upto 5 litres) to drive your vehicle to the nearest fuel filling station. In case of incorrect fuel or contaminated fuel we will tow your vehicle to the nearest authorized workshop or garage.
Battery Problem – In case of a dead or discharged battery, jumpstart services will be provided to mobilize your covered vehicle at the breakdown location.
Recovery – In case vehicle is not on bitumen or is been stucked in marshy land or is not movable due to tyres are stucked somewhere, an recovery service can be availed. In such cases we try to recover vehicle through normal winch or hydraulic tow truck. We or our vendor are not responsible for any damages occurred while carrying out job. In case vehicle needs special arrangement of equipment to tow vehicle (apart from standard equipments) charges for the same are to be borne by you
Start Date : Package will get activated after 3 days from the date of purchase
1) Covered Vehicle is off road: In case the covered vehicle is not on gazette, bitumen road and if there is a need to arrange special equipment (any equipment other than standard towing equipment), the charges of such equipment are not part of the roadside assistance package. The charges for arrangements of special equipment are to be borne by customer. Customer should understand that in case of usage of special equipment’s covered vehicle might sustain certain direct or consequential damages which extracting the vehicle. Customer agrees that such damage shall be sole responsibility of the customer and Tochanwala Assistance shall not be held liable for any such damages.
2) Repair and Labour charges: The roadside assistance package does not include the labour charges, parts replacement costs associated with repair of the vehicle. This shall remain the responsibility of the customer
3) In case where due to technical issue in app you are not able to request for services, company may ask the customer to arrange for the services on his/her own and company will reimburse the same on actuals on submission of proper bills to the company.
4) Non Covered Events: Roadside Assistance is established to help in event that leads to stoppage / immobilization of your vehicle. As a result, this Package will not cover any of the following events that you may encounter while driving your vehicle
· Faulty fuel gauge
· Speedometer not working
· Air-conditioning is not working
· When the passenger door(s) cannot be opened and there are no passengers in the vehicle
· Boot cannot be opened
· The front and/or rear demisters are not functioning
· Horn is not functioning. If the horn is sounding continuously, the Assistance Services will be provided
· Damaged door mirrors
· When the rear view mirror is damaged but it does not obstruct the driver’s vision
· Damaged or faulty fuel cap but vehicle has not run out of petrol and there is enough fuel in the tank to enable the vehicle to reach the nearest workshop
· When the sun roof cannot be opened
· When the sunroof cannot be closed
· When windows cannot be opened
· When windows cannot be closed
· Seat adjustor is faulty
· When passenger seat belts are faulty
· Faulty security system or the alarm is sounding continuously
· Transmission stuck in sports/winter mode
· When the ABS lights are illuminated
· Air bag warning lights are illuminated
· Traction control lights are illuminated
· Other non-safety related lights/service warnings are illuminated
· When your Vehicle runs out of windscreen wiper fluid
· Front windscreen wipers faulty but weather conditions are fair
· Rear windscreen wiper faulty
· Vehicle pick-up and drop for routine maintenance is not included
5) Special Exclusions : – The following scenarios are special exclusions under the Roadside Assistance Package, and therefore we will not be responsible for any assistance costs as a result of any of the following: –
i. Vehicle is involved in motor racing, rallies, speed or duration tests, practice runs or operated outside official roads
ii. Assistance is required as a result of wars, riots, uprising, mass political demonstrations, pillage, strike, use for military purposes or acts of terrorism, earthquake damage, freak weather conditions, atmospheric phenomena, nuclear transformation phenomena or radiation caused by artificial acceleration of atomic particles.
iii. Breakdown is caused by deliberate damage, vandalism or participation in a criminal act or offence
iv. The immobilization is resulting from damage caused by intervention of the police or other authorities
v. Any damage resulting from the use of the vehicle against the recommendations of the owner manual
vi. Any consequential costs and/or damage to property as a result of a breakdown
vii. Adverse Weather – On occasion of adverse weather conditions such as floods, heavy rain, thunder / lightening or other external factors may affect our ability to provide services and it may become physically impossible to assist you until the weather improves. During such times the recovery of your vehicle may not be possible until weather conditions permit .
viii. External Factors – Roadside Assistance Package will take every effort to reach you once you make the request however the response time may vary depending on, among other things, the breakdown location of the vehicle and the general demand for roadside assistance at the time of your request is received .
6) Inter border vehicle transfer: In cases of assistance/towing of the vehicle where the breakdown location is in one Indian state while the vehicle has to be towed to a location in another Indian state, then: –
i. All relevant documents for interstate movement of the vehicle by a tow truck has to be coordinated and arranged by the customer and provided to Tochanwala Assistance before the handover of the vehicle.
ii. Any charges levied by local authorities such as taxes, octroi charges, etc are to be paid by the customer.
iii. In case authorities at the border hold the vehicle despite presence of all relevant documents, the responsibility of getting the vehicle released will be that of the customer. In case there is any damage to the vehicle while being held by state authorities, Tochanwala Assistance shall not be held liable for any such damage. Tochanwala Assistance will also not be held liable for any consequential damage or loss that the customer might have suffered on account of the vehicle being held by state authorities .
iv. In case the vehicle is detained at the border for greater than 2 hours and Tochanwala Assistance’s fleet is also not released by the authorities, subsequent waiting charges @ Rs.2000 per hour shall be payable by customer
7) Accidental cases: In cases where the police authorities have registered an FIR or are in a process of registering an FIR or are investigating a case or have taken possession of the vehicle, Assistance services can be activated only after Police authorities/courts have given a clearance to the vehicle / have released the possession of vehicle. In such cases it is the duty of the customer to obtain such clearances. Tochanwala Assistance can take handover of the vehicle only after clearances have been obtained and the customer / customer’s representative is available to provide appropriate handover of the vehicle to the towing representative from the police authorities. Waiting charges for the same would be 500/- per hour
8) Handover of Vehicle: In case the vehicle is being towed, customer has to ensure appropriate handover of the vehicle to the Tochanwala representative himself / herself or through an appointed representative
9) Right of Refusal – Roadside Assistance shall have the right to refuse any or all benefits under the package, if it is found that you had furnished false information relating to your eligibility or entitlements to the benefits provided under this Package.
10) Cancellation of Package induced by customer: No questions asked cancellation period is Seven (7) days from the purchase date of the package. The Package may be cancelled by the customer after the expiry of Seven (7) days from the package purchase date and before the expiry of the package period subject to the below t&c’s:-
a) Customer has not availed any service/benefits of the Package upto the date cancellation request
b) Company will refund the subscription fee as per following: –
i. Before 30 days from the date of subscription – 25% (provided no services are availed)
ii. After 30 days from the date of subscription – 0%
11) Cancellation by Tochanwala Assistance – In case of cancellation by the company the customer will be refunded fee on pro-rata basis subject to no services being availed by the customer.
12) Governing Laws and Jurisdiction – The law applicable to this Agreement shall be the laws of the Republic of India. Any disputes or differences under this plan shall be subject to the exclusive jurisdiction of Courts in Navi Mumbai, India .
13) For Non Premium Members, Free towing will be provided by Normal Winch Tow or Hydraulic Tow Truck
14) For Premium Members, Free towing will be provided by Flatbed Tow Truck or Zero Degree Flatbed Tow Truck
Tochanwala Assistance shall be under no liability whatsoever in respect of any loss or damages arising directly or indirectly due to any delay or non-delivery of the services under the Road Side Assistance Package. In case the vehicle cannot be mobilized on-site, Customers are advised to use the towing facility as may be arranged under the Road Side Assistance Package, Vendor personnel for taking the vehicle to the nearest authorized workshop. Customer agrees, that it shall be a condition precedent that the Customers remove their personal belongings like laptops, wallets, mobile phone and other such valuable items before allowing the Road Side Assistance Vendor personnel to tow the vehicle and also take an inventory list of other belongings inside the vehicle including, the current physical conditions of the vehicle like dents, scratches, tools and stepney tyre and to verify the list before taking possession of the vehicle from the authorized workshop. Tochanwala Assistance at its discretion may refuse to render these services to any such Customers who in the reasonable discretion of misrepresenting the facts, in relation to the vehicle or any other details sought by the Tochanwala Assistance or the personnel and/or in the event of unruly, rude, use of abusive and foul languages, physical abuse and such other similar behaviour to the Road Side Assistance Vendor’s personnel by the Customer or the occupant of the vehicle. Tochanwala Assistance reserves the right to change or modify any of the services and the charges there to that are rendered in this Road Side Assistance Package without any notice. All disputes arising out of this Road Side Assistance Package shall be submitted to a sole arbitrator to be appointed by Tochanwala Assistance