GENERAL TERMS AND CONDITIONS
DISCLAIMER
These Terms & Conditions (“Terms”) govern your access and use of the services offered by Across Assist Private Limited (“Across Assist”, “AAPL”, “Company”, “we”, “our”, or “us”) through our website, mobile applications, and other digital or offline platforms (collectively, the “Services”).
By accessing, registering for, purchasing or using our Services, you (“User”, “Customer” or “you”) acknowledge that you have read, understood and agreed to be bound by these Terms and the applicable service-specific terms, if any. If you do not agree to these Terms, you should not access or use the relevant Service.
1. DEFINITIONS
a. “Customer / User / You” means any individual or entity that purchases, subscribes to, registers for or otherwise avails any Service, or is authorised to use a Service made available through a corporate client, partner or other authorised channel.
b. “Plan” means any assistance, protection, membership, subscription, service contract, package or other offering made available by AAPL from time to time.
c. “Platform” means AAPL's websites, mobile applications, portals, systems and other digital interfaces through which the Services may be accessed or administered.
d. “Services” means assistance, protection, support and value-added services, including, without limitation, roadside assistance, automotive assistance, travel assistance, medical and healthcare assistance, device and mobile protection, corporate mobility and other services as may be offered from time to time by AAPL.
e. “Service Partner / Vendor” means any third-party service provider, vendor contractor, agency or other entities engaged or authorized by Across Assist to provide or facilitate or deliver any service.
f. “Service Terms” means the specific terms, conditions, inclusions, exclusions, eligibility criteria, limitations and other conditions applicable to a particular Plan or Service.
2. SCOPE OF SERVICES
a. AAPL provides assistance, protection, support and value-added services, including, without limitation, roadside assistance, automotive assistance, travel assistance, medical and healthcare assistance, device and mobile protection, corporate mobility and other services as may be offered from time to time.
b. The Services available to a Customer shall depend upon the particular Plan or arrangement purchased, subscribed to or otherwise made available to the Customer.
c. The applicable Service Terms shall specify, where relevant, the scope of Services, eligibility, service limits, geographical availability, exclusions, duration and other conditions applicable to the relevant Plan.
d. AAPL may provide Services directly or through Service Partners. The involvement of a Service Partner does not by itself create any separate contractual relationship between the Customer and such Service Partner, except where expressly provided otherwise.
e. AAPL may modify, discontinue, suspend or replace any Service or feature, subject to applicable contractual and legal requirements.
3. SERVICE-SPECIFIC TERMS
a. These Terms are general terms applicable to AAPL's Services. A particular Plan or Service may be governed by additional Service Terms.
b. In the event of any inconsistency between these Terms and the applicable Service Terms, the Service Terms shall prevail only to the extent of such inconsistency in relation to that particular Plan or Service.
c. Where a Service is provided pursuant to a separate agreement between AAPL and a corporate client, partner or other entity, the terms of that agreement may govern the commercial relationship between AAPL and such entity.
4. ELIGIBILITY AND USER INFORMATION
a. The User represents that the information provided to AAPL is accurate, complete and current.
b. The User shall promptly update information where any material information provided to AAPL changes.
c. AAPL may require information or documents reasonably necessary to verify identity, eligibility, entitlement to a Service or the circumstances of a Service request.
d. Unless otherwise specified in the applicable Service Terms, Services are intended for persons who have attained the age of eighteen (18) years.
e. Where a Service is made available to a User through a corporate client, partner or other authorised entity, eligibility may additionally be determined by the terms of the relevant arrangement.
5. USER OBLIGATIONS
a. The User shall:
i. provide accurate and complete information and documents, where required, while registering or availing services for a better user experience and provision of services;
ii. comply with these Terms and the applicable Service Terms;
iii. maintain confidentiality of account credentials, passwords, OTPs or any other authentication information and account activity and shall notify AAPL promptly of any unauthorised access or suspected misuse;
iv. use Services only for lawful and bona fide purposes and not for fraudulent or unauthorised activities;
v. cooperate reasonably with AAPL and its Service Partners for fulfilment of the Service;
vi. provide access, documents, information or other assistance reasonably required for providing the Service; and
vii. comply with all applicable laws while accessing or using the Services.
b. The Customer shall not use the Services for fraudulent, unlawful, abusive or unauthorised purposes or attempt to obtain any Service or benefit by providing false, misleading or incomplete information.
6. SERVICE PARTNERS AND THIRD-PARTY SERVICES
a. AAPL may appoint, replace or engage Service Partners for providing or facilitating Services.
b. AAPL may share with a Service Partner such information as is reasonably necessary for fulfilment of the relevant Service, in accordance with AAPL's Privacy Policy and applicable law.
c. Where the Service is dependent upon a third-party provider, AAPL shall not be responsible for an act, omission, delay or failure of such provider to the extent attributable to circumstances beyond AAPL's reasonable control.
d. Certain Services may be subject to the terms, conditions, warranties or policies of the relevant third-party provider. Where applicable, those terms may additionally govern the Customer's use of such third-party service.
7. SERVICE FULFILMENT
a. Service requests may be made through such channels as AAPL may designate from time to time.
b. Some services are provided directly by Across Assist, while others are delivered via our trusted third-party partners.
c. A Service request may be subject to verification of the Customer's identity, eligibility and entitlement under the relevant Plan.
d. AAPL may coordinate with Service Partners or other third parties to fulfil a Service request.
e. AAPL does not guarantee that every Service request will result in immediate or successful fulfilment where fulfilment depends upon circumstances outside AAPL's reasonable control, therefore, in such cases AAPL will not liable for delays, deficiencies, or failures caused by partner/vendor actions beyond the Company's reasonable control.
f. Service availability may depend upon geographical coverage, local conditions, availability of Service Partners, technical limitations, government restrictions, weather, traffic, emergencies and other circumstances beyond AAPL's reasonable control and which may be communicated at the time of availing.
g. Where the nature of the Service requires payment of additional charges, such charges shall be communicated to the Customer, where reasonably practicable, and shall be borne by the Customer unless otherwise specified in the applicable Plan.
8. PAYMENTS & FEES
a. Fees for Plans or Services shall be as communicated to the Customer at the time of purchase, subscription or activation.
b. Unless otherwise specified, applicable taxes, duties, levies and other statutory charges shall be payable in addition to the stated fees.
c. AAPL may require payment in advance for a Plan or Service unless otherwise specified.
d. A Plan or Service shall be activated only upon successful receipt or confirmation of payment, unless otherwise specified.
e. The Customer shall not make payments to any person claiming to represent AAPL except through authorised payment channels.
f. Payment processing may be undertaken through authorised payment gateways, banks or other payment service providers.
9. CANCELLATION, REFUND AND TERMINATION
a. Cancellation and refund of a Plan or Service shall be governed by the applicable Refund & Cancellation Policy and/or Service Terms.
b. Payments once made are non-transferable. Refunds and cancellations will be governed by our Refund & Cancellation Policy.
c. AAPL may suspend or terminate access to a Service where:
i. the Customer breaches these Terms or applicable Service Terms;
ii. the Customer provides false, misleading or fraudulent information;
iii. the Service is used for an unlawful, fraudulent or unauthorised purpose;
iv. payment due to AAPL remains unpaid;
v. suspension or termination is required by law or by a competent authority; or
vi. such action is reasonably necessary to protect AAPL, its customers, Service Partners or systems from fraud, misuse, security risks or other harm.
d. Termination or expiry shall not affect rights or obligations which, by their nature, are intended to survive termination.
10. COMMUNICATIONS AND ELECTRONIC RECORDS
a. The Customer consents to receiving service-related communications from AAPL through telephone, SMS, email, application notifications, messaging services or other communication channels provided by the Customer or associated with the Service.
b. Such communications may include service confirmations, appointment details, assistance updates, payment information, alerts, feedback requests and other transactional communications.
c. AAPL may record or monitor calls and other interactions with its customer support or assistance centres for service fulfilment, quality assurance, training, security, dispute resolution and compliance with applicable law.
d. Electronic records maintained by AAPL in the ordinary course of business may be relied upon as evidence of communications, transactions and Service requests, subject to applicable law.
11. WEBSITE, APPLICATION AND PLATFORM USE
a. The Customer shall use AAPL's Platforms only for lawful purposes and in accordance with these Terms.
b. The Customer shall not:
i. attempt to gain unauthorised access to any system, account or data;
ii. interfere with the operation or security of any Platform;
iii. introduce malware, viruses or other harmful code;
iv. copy, reproduce, modify or commercially exploit any part of a Platform without AAPL's prior written permission;
v. use automated systems or methods to access or extract information except where expressly authorised; or
vi. undertake any activity which may adversely affect AAPL, its Platforms or other users.
c. AAPL may suspend or restrict access to a Platform where reasonably necessary for maintenance, security, investigation of misuse or other legitimate operational purposes.
12. LIMITATION OF LIABILITY
a. Across Assist shall not be liable for any indirect, incidental, special, exemplary or consequential damages or loss including loss of profits, revenue, business opportunity, anticipated savings or data, arising out of use, inability to use or in connection with the Services.
b. AAPL's total liability shall not exceed the amount actually paid by the Customer for that particular Plan or Service.
c. The limitations contained in this Clause shall apply irrespective of the form of action, whether in contract, tort, negligence, statute or otherwise, to the extent permitted by law.
13. INDEMNITY
To the maximum extent permitted by law, the Customer shall indemnify and hold harmless AAPL, its affiliates, directors, officers, employees and agents from claims, losses, liabilities, damages, costs and expenses arising directly from:
a. the Customer's breach of these Terms or applicable Service Terms;
b. fraud, wilful misconduct or unlawful use of the Services by the Customer;
c. inaccurate or misleading information provided by the Customer; or
d. infringement of any third-party rights resulting from material or information submitted by the Customer.
14. INTELLECTUAL PROPERTY
a. All intellectual property rights in AAPL's Platforms, websites, applications, software, content, design, logos, trademarks, service marks, processes and other material shall remain the exclusive property of Across Assist. Unauthorised use is strictly prohibited.
b. No right or licence is granted to the Customer except the limited right to access and use the relevant Platform and Services for their intended purpose.
c. The Customer shall not reproduce, distribute, modify, reverse engineer, exploit or otherwise use AAPL's intellectual property without prior written permission, except to the extent permitted by applicable law.
15. PRIVACY AND PERSONAL INFORMATION
a. AAPL collects and processes personal information in connection with its Services in accordance with its Privacy Policy and applicable law.
b. By using the Services, the Customer acknowledges that personal information may be processed and shared with relevant Service Partners and other authorised third parties to the extent reasonably necessary for providing the Services, subject to the Privacy Policy and applicable law.
c. The Customer shall ensure that information provided by the Customer concerning another individual has been provided lawfully and, where required, with appropriate authority or consent.
d. The Privacy Policy forms part of the overall framework governing the Customer's use of AAPL's Services and should be read together with these Terms.
16. DISCLAIMERS
a. AAPL will use reasonable efforts to provide Services in accordance with the applicable Plan and Service Terms.
b. Except to the extent expressly stated in the applicable Service Terms or required by law, AAPL does not warrant that:
i. a Service will always be available or uninterrupted;
ii. a Service will be available at every location or in every circumstance;
iii. a Service will be fulfilled within a particular time where fulfilment depends upon third parties or circumstances beyond AAPL's reasonable control; or
iv. any particular outcome will be achieved through an assistance or support Service.
c. Nothing in these Terms excludes or limits any statutory right or remedy that cannot lawfully be excluded or limited.
17. FORCE MAJEURE
AAPL shall not be liable for any delay, interruption or failure in providing a Service to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of God, epidemics, pandemics, war, terrorism, civil disturbance, strikes, governmental action, changes in law, network or telecommunications failures, power failures, technical failures, transportation disruptions or failure or unavailability of third-party service providers. AAPL shall endeavour to resume the affected Service as soon as reasonably practicable.
18. THIRD-PARTY LINKS AND SERVICES
a. AAPL's Platforms may contain links, integrations or references to third-party websites, applications, products or services.
b. AAPL does not control and is not responsible for the content, availability, security or privacy practices of third-party platforms. The Customer's use of such third-party services may be subject to additional terms and policies of the relevant third party.
19. COMPLIANCE WITH INDIAN IT ACT, 2000
a. These Terms shall be governed by and construed in accordance with the laws of India, including applicable data protection and privacy laws and regulations.
b. Across Assist complies with the Information Technology Act, 2000 and relevant Rules under the Act of 2000.
c. Users agree to comply with the provisions of the Information Technology Act, 2000, including all applicable rules, regulations, and guidelines issued thereunder.
d. By accessing and using our Services, you understand and acknowledge that electronic records, consents, digital signatures, and electronic communication are legally valid and enforceable under the IT Act.
e. Any unauthorized access, hacking, introduction of malicious code, or tampering with our systems will be treated as a violation of the IT Act and may result in civil and/or criminal proceedings.
f. Users shall not post, upload, or transmit any content prohibited under the Information Technology Act and relevant Rules thereunder, including unlawful, defamatory, obscene, or infringing content.
g. Users may withdraw consent at any time, though this may limit access to certain Services.
20. MODIFICATION OF TERMS
a. Across Assist reserves the right to update or modify these Terms at any time and AAPL may amend these Terms from time to time to reflect changes in its Services, business practices, technology or applicable law.
b. The updated Terms shall be made available through AAPL's website, application, portal or other appropriate channel and shall become effective once posted on our website or mobile application or from the date specified therein. Continued use of Services constitutes acceptance.
21. GOVERNING LAW & JURISDICTION
a. These Terms shall be governed by and construed in accordance with the laws of India.
b. Any disputes shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
22. GENERAL
a. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall, to the extent possible, be modified to give effect to its intended purpose, and the remaining provisions shall continue in full force and effect.
b. Waiver: Failure by AAPL to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision subsequently.
c. Assignment: AAPL may assign or transfer its rights or obligations under these Terms to an affiliate, successor or entity acquiring the relevant business, subject to applicable law. The Customer may not assign its rights or obligations without AAPL's prior written consent, except where permitted by the applicable Service Terms or law.
d. Entire Agreement: These Terms, together with the applicable Service Terms, Refund & Cancellation Policy, Privacy Policy and other documents expressly incorporated by reference, constitute the terms governing the Customer's use of the relevant Services.
e. Statutory Rights: Nothing in these Terms is intended to restrict any right or remedy available to a Customer under applicable law.
23. CONTACT INFORMATION
For queries, complaints, or feedback, you may reach us at:
Across Assist Private Limited
1st Floor, Plot No. 91, Sector-44, Gurugram, Haryana-122003
Email: contact@acrossassist.com
For privacy-related queries or grievances, please refer to AAPL's Privacy Policy and the contact details specified therein.