PART A — FRANCHISE TERMS, CANCELLATION, TRANSFER & REFUND POLICY
1. Purpose
This Policy sets out the general terms applicable to the franchise application, onboarding, fees, cancellation, voluntary exit, transfer, relocation, termination, surrender, refund, settlement and related matters concerning an IRC Automobile franchise.
This Policy is intended to provide transparency regarding the Company's franchise-related processes, commercial terms and financial arrangements.
The terms contained in this Policy shall be read together with the applicable Letter of Intent (LOI), Franchise Agreement, commercial proposal, invoice, application form and other written documents issued or executed by the Company.
2. Acceptance of Terms
By submitting a franchise application, making any payment, signing an LOI, Franchise Agreement or other related document, or continuing with the franchise process, the applicant/franchisee acknowledges that he/she has read, understood and accepted the applicable terms and policies of IRC Automobile Pvt. Ltd.
The applicant/franchisee is responsible for reviewing the applicable commercial and contractual terms before making payment or proceeding with the franchise.
The specific terms contained in a signed LOI, Franchise Agreement or other binding written document applicable to the particular franchise shall prevail in case of any inconsistency with this general Policy, to the extent permitted by applicable law.
3. Franchise Fees and Other Charges
Depending upon the franchise model and applicable commercial terms, the franchisee may be required to pay certain charges, which may include:
- Franchise / onboarding fee
- DMS / software fee
- Registration or processing fee
- Legal and documentation charges
- Site-visit charges
- Advertisement / marketing / branding charges
- Training charges
- Technical support charges
- Transfer / relocation charges
- Applicable taxes
- Royalty or other recurring charges
- Infrastructure or operational charges
- Any other charges specifically agreed in writing
The applicable amount and structure shall be communicated through the relevant commercial proposal, LOI, invoice, agreement or other written communication.
4. Non-Refundable Franchise Fees and Charges
All franchise fees, onboarding fees, registration fees, software/DMS fees, training fees, technical support fees, marketing/branding charges, site-visit charges, documentation charges, legal/process charges and other amounts paid by the applicant/franchisee in connection with the franchise shall be treated as non-refundable, unless the Company expressly agrees otherwise in writing.
Once any amount has been paid towards the franchise application, booking, onboarding, approval, documentation, setup, training, software, operational preparation or commencement of franchise-related activities, such amount shall not ordinarily be refundable merely because the applicant/franchisee subsequently changes his/her decision.
The non-refundable nature of a particular amount shall also be governed by the applicable LOI, Franchise Agreement, invoice or other written commercial document.
5. Cancellation, Withdrawal or Termination by Franchisee
If the applicant/franchisee voluntarily:
- withdraws the franchise application;
- cancels the proposed franchise;
- refuses or fails to proceed with onboarding;
- terminates the franchise;
- surrenders the franchise;
- closes or discontinues the franchise business;
- requests withdrawal after making payment;
- fails to commence operations; or
- otherwise decides not to continue with the franchise,
Any cancellation, withdrawal, surrender or termination shall remain subject to the applicable LOI, Franchise Agreement and other binding written contractual documents.
6. No Automatic Refund on Termination or Surrender
Termination, cancellation, surrender, closure, non-operation, relocation, transfer or discontinuation of the franchise shall not create an automatic right of refund.
Amounts already paid may have been incurred or utilised towards business development, onboarding, administration, manpower, software, training, technical support, documentation, marketing, branding, site assessment, operational preparation or other franchise-related activities.
Accordingly, amounts identified as non-refundable shall remain non-refundable unless the Company specifically agrees otherwise in writing.
7. Exceptional Refund — Only by Mutual Written Agreement
Notwithstanding the non-refundable nature of franchise-related payments, the Company may, in an exceptional or special circumstance, consider a refund, adjustment, credit or settlement.
Any such exceptional refund or settlement shall:
- be considered strictly on a case-by-case basis;
- require specific written approval of the Company;
- be subject to applicable deductions and adjustments;
- take into account outstanding dues, taxes, third-party expenses, costs and liabilities;
- not create any precedent or automatic entitlement for the franchisee or any other franchisee; and
- become effective only after the Company and franchisee have mutually agreed the final settlement terms in writing.
Any decision regarding an exceptional refund or settlement shall be based on the specific facts, circumstances and applicable contractual documents.
8. Transfer / Relocation / Replacement of Franchise
Transfer, relocation or replacement of a franchise shall require prior written approval of the Company.
Submission of a transfer or relocation request shall not itself constitute approval.
The Company may require:
- payment of applicable transfer charges;
- clearance of outstanding dues;
- approval of the proposed location;
- approval of the proposed transferee;
- execution of revised or new documentation;
- completion of operational and legal formalities; and
- compliance with other conditions communicated by the Company in writing.
Any financial adjustment arising from an approved transfer shall be dealt with in accordance with the applicable Franchise Agreement and separate written settlement, if any.
9. No Automatic Refund on Transfer or Relocation
Transfer or relocation of a franchise shall not automatically create any right to receive a refund.
If, in an exceptional case, the Company agrees to any financial settlement with the outgoing franchisee, the amount shall be determined after considering:
- applicable contractual terms;
- outstanding dues;
- transfer or administrative charges;
- taxes;
- third-party expenses;
- amounts already incurred by the Company;
- software or service charges;
- other applicable adjustments; and
- any other amount mutually agreed in writing.
10. Refund / Settlement Subject to Written Approval
No employee, representative, franchise manager, consultant or other person associated with the Company shall have authority to promise or guarantee a refund unless such refund is expressly approved by an authorised representative of IRC Automobile Pvt. Ltd. in writing.
Any verbal assurance, informal communication or personal commitment regarding refund shall not be considered a binding refund approval unless subsequently confirmed by the Company through an authorised written communication.
11. Final Settlement Between Company and Franchisee
Where the Company agrees to consider any refund or settlement in an exceptional case, the Company and the franchisee shall mutually determine:
- the final settlement amount;
- applicable deductions;
- outstanding dues;
- applicable taxes;
- adjustment of expenses;
- payment method;
- payment timeline; and
- other applicable settlement conditions.
Such settlement may be recorded through a written settlement statement, email confirmation, letter, credit note, discharge/settlement document or other authorised written communication.
The franchisee shall be given an opportunity to review the settlement terms before providing written acceptance.
12. Full and Final Settlement
Acceptance of a final settlement shall confirm the commercial understanding between the Company and the franchisee concerning the specific matter covered by that settlement.
Nothing in this Policy shall be interpreted as excluding or restricting any right or remedy that cannot lawfully be excluded or restricted under applicable law.
13. No Refund for Non-Operation or Change of Business Decision
The franchisee acknowledges that business performance, customer demand, profitability, market conditions, location-related issues, personal circumstances, change in business plans, failure to commence operations or discontinuation of business does not, by itself, create a right to refund of amounts expressly identified as non-refundable.
The franchisee is expected to independently evaluate the commercial, operational and financial aspects of the franchise before making payment or entering into the franchise arrangement.
14. Company Property, Brand and Intellectual Property
Upon termination, surrender, transfer or closure of a franchise, the franchisee shall immediately cease using IRC Automobile's trademarks, branding, software, confidential information, documents, systems and other intellectual property except where continued use is expressly authorised by the Company in writing.
The franchisee shall return or discontinue access to Company property, documents, credentials, software and other materials as required by the Company.
15. Outstanding Dues and Adjustments
Any outstanding royalty, service charges, transfer charges, taxes, expenses, penalties, damages, recoverable costs or other amounts payable under the applicable agreement may be adjusted against any amount otherwise refundable or payable to the franchisee, subject to applicable law and the agreed contractual terms.
The franchisee shall remain responsible for amounts legally and contractually payable to the Company even after termination or surrender of the franchise.
16. Official Communication
All franchise-related requests, including cancellation, withdrawal, termination, surrender, transfer, relocation, refund and settlement requests should be submitted through the Company's authorised communication channels.
The Company may require written documentation and verification before processing any such request.
17. No Personal Payment Arrangement
Franchise-related payments should be made only through the Company's officially communicated payment channels.
IRC Automobile Pvt. Ltd. does not encourage or authorise cash payments or personal payment arrangements with employees, representatives or unauthorised third parties.
The Company shall not ordinarily be responsible for payments made to unauthorised persons or through unauthorised channels.
18. Dispute Resolution
Any dispute, claim or disagreement relating to cancellation, termination, surrender, refund, settlement, transfer, relocation or any other franchise matter shall first be addressed in accordance with the dispute-resolution mechanism contained in the applicable LOI, Franchise Agreement or other binding written document.
Where the applicable agreement provides for negotiation, mediation, arbitration or a particular jurisdiction, the parties shall follow such contractual mechanism, subject to applicable law.
Nothing in this Policy is intended to prevent or restrict any remedy that cannot legally be waived or excluded under applicable law.
19. No Waiver of Contractual Rights
Any decision by the Company to provide an exceptional refund, adjustment, concession, extension or settlement shall not be interpreted as a permanent waiver of the Company's contractual rights or as establishing a precedent for any other franchisee.
Each case may be considered independently based on its individual facts and contractual circumstances.
20. Changes to This Policy
IRC Automobile Pvt. Ltd. may update or modify this Policy from time to time.
The updated version may be published or otherwise communicated by the Company with a revised effective date or policy version, where appropriate.
The terms of an already executed Franchise Agreement or other binding document shall continue to be governed by that document unless modified by mutual written agreement or otherwise permitted under applicable law.
21. Precedence of Specific Agreement
This Policy contains general terms and information.
In case of any conflict between this Policy and a specific signed LOI, Franchise Agreement, settlement document or other binding contractual document, the applicable specific contractual document shall prevail to the extent permitted by applicable law.
22. Contact — Franchise Matters
PART B — PRIVACY POLICY
23. Privacy Policy
This Privacy Policy describes how IRC Automobile Pvt. Ltd. ("IRC", "we", "our", or "us") collects, uses, shares and protects personal information.
By using our services, submitting an enquiry, applying for a franchise, requesting a service or providing information to us, you acknowledge that you have read and understood this Privacy Policy.
24. Information We Collect
A. Information You Provide
We may collect information that you voluntarily provide to us, including:
- Name
- Mobile / phone number
- Email address
- Vehicle details
- Location information
- Service preferences
- Franchise/application information
- Business information
- Information provided while requesting a service
- Information provided when contacting us
- Documents or information submitted for franchise or service purposes
- Other information voluntarily provided by you
25. Payment Information
Where payments are made for our services, franchise, billing or transaction-related purposes, relevant transaction and billing information may be collected and processed through secure payment gateways or authorised payment service providers.
Where applicable, payment card, banking or financial information may be handled directly by the relevant payment service provider in accordance with its own policies and security procedures.
IRC does not ordinarily store complete payment-card credentials unless specifically required and legally permitted.
26. Information We Collect Automatically
When you interact with our digital services, certain information may be collected automatically, including:
- IP address
- Browser type
- Operating system
- Device information
- Pages or screens accessed
- Time spent using our services
- Usage information
- Cookies and similar technologies
- Approximate technical/location information where enabled or necessary
We may use cookies and similar technologies to improve functionality, remember preferences, understand usage and support security.
27. How We Use Your Information
We may use personal information for purposes including:
- Providing and improving our automobile-related services;
- Processing service requests and bookings;
- Processing franchise applications and enquiries;
- Processing payments and transactions;
- Responding to customer enquiries;
- Providing customer support;
- Providing service-related notifications and confirmations;
- Communicating regarding franchise-related matters;
- Sending promotional communications where the user has opted in or where otherwise permitted by applicable law;
- Personalising user experience;
- Recommending relevant services;
- Maintaining business and transaction records;
- Detecting, preventing and responding to fraud, abuse and security incidents;
- Protecting the security and integrity of our systems;
- Conducting internal administration and business operations; and
- Complying with applicable legal and regulatory requirements.
Personal data may be collected and processed for specified purposes and in accordance with applicable legal and regulatory requirements.
28. Sharing of Information
We may share personal information where reasonably necessary and permitted by applicable law with:
A. Service Providers
Trusted service providers who assist us in operating our business, including:
- Automobile service centres;
- Garages and mechanics;
- Payment processors;
- Technology/service providers;
- Hosting and infrastructure providers;
- Communication service providers;
- Professional advisers; and
- Other vendors providing services to IRC.
Such third parties may receive only the information reasonably necessary for performing their relevant services.
B. Legal and Regulatory Requirements
We may disclose information where required or permitted by applicable law, court order, governmental authority, law-enforcement request or other lawful process.
C. Business Transfers
In the event of a merger, acquisition, restructuring, sale of assets, business transfer or similar transaction, personal information may be transferred as part of the relevant business assets, subject to applicable law.
29. Data Security
IRC takes reasonable measures to protect personal information against unauthorised access, misuse, alteration, disclosure or destruction.
Security measures may include:
- Access controls;
- Authentication mechanisms;
- Encryption where appropriate;
- Firewalls;
- Secure hosting/infrastructure;
- Backup procedures; and
- Internal security procedures.
However, no internet transmission or electronic storage system can be guaranteed to be completely secure.
30. Your Rights and Choices
Subject to applicable law, you may have rights and choices regarding your personal information, including the ability to:
- Request access to personal information;
- Request correction of inaccurate information;
- Request deletion where applicable;
- Withdraw consent where processing is based on consent;
- Opt out of promotional/marketing communications; and
- Manage or disable cookies through your browser settings.
Requests may be subject to applicable legal, contractual, security and verification requirements.
To exercise applicable privacy/data-related rights or raise a concern, contact us at:
Email: info@indiarightchoice.com
31. Third-Party Links
Where our communications or digital services contain links to third-party websites, service providers, payment portals or other external platforms, IRC Automobile Pvt. Ltd. is not responsible for the privacy practices, security, content or policies of such third parties.
Users are advised to review the privacy policies and terms of such third-party platforms before providing personal information.
32. Children's Privacy
Our services are not intended for individuals under 18 years of age.
We do not knowingly seek to collect personal information from children through our services.
If you believe that a child has provided personal information to us, please contact us so that appropriate action can be considered.
33. Data Retention
We may retain personal information for as long as reasonably necessary to:
- Provide our services;
- Maintain business and transaction records;
- Fulfil contractual obligations;
- Process franchise-related records;
- Resolve disputes;
- Meet accounting, tax, legal and regulatory requirements; or
- Protect our legitimate business interests.
When personal information is no longer required for a lawful purpose, it may be deleted, anonymised or otherwise disposed of in accordance with applicable requirements.
34. Cookies
Our digital services may use cookies and similar technologies to:
- Improve functionality;
- Remember user preferences;
- Understand usage;
- Improve user experience;
- Support security and performance; and
- Analyse usage.
Users may disable or manage cookies through their browser settings. However, disabling certain cookies may affect functionality.
35. Consent and Communication
Where applicable, by voluntarily providing contact information to IRC, the user may receive communications relating to:
- Service requests;
- Franchise enquiries;
- Application status;
- Payments;
- Account or transaction information;
- Operational matters;
- Customer support; and
- Other communications reasonably connected with the user's interaction with IRC.
Where consent is required by applicable law, IRC will seek such consent in the manner required by law.
Users may request to opt out of promotional communications where applicable.
36. Changes to Privacy Policy
We may modify or update this Privacy Policy from time to time.
Any revised Privacy Policy will be communicated with an updated Effective Date and/or policy version where appropriate.
Users are encouraged to periodically review this Policy for changes.
37. Contact Us
If you have any question, concern, request or complaint relating to this Privacy Policy or your personal information, please contact:
Important Notice
This Policy is intended to provide general information regarding IRC Automobile Pvt. Ltd.'s franchise, cancellation, transfer, refund and privacy practices.
The actual rights, obligations, commercial terms, payment terms, termination conditions, refund conditions and dispute-resolution mechanism applicable to a particular franchise shall be determined by the specific LOI, Franchise Agreement and other binding written documents executed between IRC Automobile Pvt. Ltd. and the concerned franchisee.
In the event of any conflict, the applicable signed contractual document shall prevail to the extent permitted by applicable law.
Nothing in this Policy shall be interpreted as waiving, excluding or restricting any statutory right, remedy or legal protection that cannot lawfully be waived, excluded or restricted.
Policy Version: FR-TRP-PP-02
Franchise Policy Effective Date: 01 April 2019
Privacy Policy Effective Date: 01 April 2019