- a) 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.
- i) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
- ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
- iii) The term ‘Services’ shall mean and refer to any services offered by the Company including but not limited to of hosting, publishing, sharing, transacting, displaying or uploading information, views and delivery of content via the Website.
iv) The term ‘Vehicles’ shall mean and refer to the automobiles listed for sale on the Website, including but not limited to Cars, bikes, SUV’s, trucks and buses.
v) The term ‘Seller’ shall mean and refer to any User who wishes to list his/her Vehicle for sale on the Website.
vi) The term ‘Buyer’ shall mean and refer to any User to wishes purchase a Vehicle listed for sale by any Seller on the Website.
vii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- f) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
2. OUR SERVICES:
Listing Vehicles for Sale on Our Website is free of cost at the moment. Sellers can list their used Vehicles on Our portal and potential buyers can view the Vehicles that are listed for sale. As a Seller You must have possession of the actual vehicle listed and the ability to transfer the title in the same.
The Seller shall provide the following while listing a Used Vehicles for Sale:
➢ Location and Contact Information
- The location, city the Vehicle is in and Your contact details including your email address and cellphone number. These will guide interested Buyers to find you and more importantly the Vehicle they intend to buy.
➢ Provide basic information about the used Vehicle
- The Seller must disclose the brand, model and the variant name of the Vehicle he/she lists for sale. Furthermore, the month and year that You had bought the Vehicle. The number of KMs driven and color and most importantly the Price you expect to sell Your Vehicle for.
- The Seller should upload good quality pictures of multiple shots of the side, front and rear profile of the Vehicle. Pictures of the Interiors, seats and dashboard can further propel the Sellers chances.
The Buyers can choose from a variety of Vehicles listed for sale on the Website by the Sellers. The Buyers can also search a particular Vehicle and Model, which he/she wishes to buy. When You accept the offer of the Seller, You agree to purchase a vehicle at a price and on such terms, as said by the Seller.
The Website strongly advises Buyers not to test the Website with false purchase requests, as it will put the Buyer at substantial personal legal risk. It is a crime to use false names or identities and other false personal information to buy Vehicles on the Website. Willfully entering erroneous or fictitious purchase request may result in prosecution by the Company. Please be aware that even if You do not give the Website Your real name and identity, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
The Company offers a discussion or informational section about Vehicles published on the Website and consisting of discrete entries (“posts”) typically displayed in reverse chronological order. The Users participate and share their views on the Blog section on the Website which obsessively covers the auto industry with the latest news, new car reviews, videos, podcasts, high-quality photography, and new and used car shopping tools.
Our main aim is to uphold our commitment to excellence while providing services to the Buyers and Sellers of used Vehicles online. We have primarily the following services for the Users:
- To let Users research Vehicles, prices, technical specifications and other Vehicles attributes.
- Listing of your used Vehicles online or browsing through the list of used Vehicles listed by users of CarSangrah.com
- Buyer can select any used Vehicles on CarSangrah.com and make full payment online.
- We will transfer that amount to Seller and deliver the Vehicles to Buyer.
In addition to that, We will also assist User in transferring of Vehicles documents.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 15, 17 & 19, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Vehicles and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 4 herein above.
6. ONLINE SERVICE PLATFORM
CarSangrah.com is one of the leading automobile website for buying and selling used cars online in India. The Website is an online service platform that facilitates the buying and selling of used Vehicles. Our aim is to make your life easier on buying a used cars. The only worry about used cars is if You don’t like the car after purchase. We are solving this problem by letting the Buyer return the car within 5 days of purchase. So, in case, You are not satisfied with the car, You can return it and get your full money back. This feature is very useful if You find some information is incorrect as provided by the Seller.
CarSangrah agents shall come to pickup the Vehicle and deliver it to the Buyer. Payments can be made either online or offline. Buyers will get the Vehicle delivered at their doorsteps.
Currently We are operating in NCR and Delhi region only. We will expand our services in other cities also in future
In order avail the services of the Website and for buying and selling on the Website, registration is required. In order to sell and buy Vehicles on this Website, You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Mobile Number, permanent account number (PAN), Bank Account Details, Etc. The Website/Application offers the Users an option of signing up through other social networking sites, including but not limited to Gmail, Yahoo, Facebook, Twitter and LinkedIn. Upon such signup, Our servers gain access to information about You from Your social networking account, including but not limited to Your profile, birth-date, name and gender and all such information is stored in Our system. Any information so gathered will be protected and only public information will be visible to third parties.
Buyers who register on the Website can purchase Vehicles from Sellers on the Site. Those Sellers whose online registration is completed should submit a copy of the documents of the Vehicle for verification to the Company. Sellers who have registered with the Website can list their Vehicles for Sale on the Website.
Registration for this website is available only to those above the age of 21 years barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Reyansh Automobile Solutions Pvt. Ltd. The Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to [[email protected]] with the subject [stop communications]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained herein above, he/she may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, such as browsing the listing of Vehicles for sale is free of cost. The User is only required to pay for the services availed by the User of the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
10. MODE OF PAYMENT
After the Parties have agreed to the price for the Vehicles and confirmed the Sale of the vehicle(s), the Buyer have to make the payment to the Company. All Payments shall be collected by
the Company, while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller. We shall transfer the payment to Seller. If Buyer wishes, We will also complete the transfer of papers of the Vehicles with additional charges.
To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
- Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex card;
- Visa Debit cards issued by domestic banks and those which are acceptable by the ESP;isa Debit cards issued by domestic banks and those which are acceptable by the ESP;
Net banking/Direct Debit payments from select banks in India;
- Cheque Payment;
- Account Transfer;
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and Mastercard you will required to submit your 16-digit credit Card number, Card’s expiry date and 3-digit CVV number (usually on the reverse of the cards) when you make your online transaction using your Credit or Debit cards. You should also have enrolled your Credit cards with VBV (Verified by Visa), MSC (Master card Secure Code) or the Amex Safekey to complete the transaction.
To place a valid order on the Website, the User is required to complete the transaction; including making payment for the Product opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit cards partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Vehicles purchased by the User will be activated based on successful completion of verification of information furnished by the user. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of Reyansh Automobile Solutions Pvt. Ltd. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated Websites where reference to such affiliated Websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
12. RETURN AND REFUNDS
We have a “no questions asked return and refund policy” which entitles all Buyers who have Purchased a Vehicle on the Site to return the Vehicle within 5 days of making payment if they are not satisfied with the condition and performance of the Vehicle. Any Vehicle found faulty or in bad condition on delivery should be reported to the Company within 5 days of delivery of the Vehicle including any holidays. This must be notified to Us via email and the Vehicle must be returned back to the Seller.
In any case of returns, the Vehicle should be returned in the same condition as it was at the time of delivery. Buyer can keep the Vehicle with him for upto 5 days before return. During this period, Buyer will be responsible for any accidents or misuse of the vehicle. CarSangrah or seller will not be liable during this period. If any accidents or damage has occurred, We shall deduct the charges for repairing the Damages and return the balance amount or in some cases, The Company may not accept the return at all. Return of any Vehicle should be communicated to the Company within 5 days of taking possession of the Vehicle. It is at the sole discretion of the Company to accept any return of Vehicles from Buyers.
- If Buyer finds that any information provided in the listing by the Seller on the Website (such as odometer is rolled back, accidental issue etc.) is incorrect, then the Buyer can return the Vehicle without any charges. He/She will get a full refund.
- If the Buyer finds all the information is correct but is not satisfied with the Vehicle due to some particular reason, the buyer can return the Vehicle by paying its rental charges. Rental charges shall be decided by CarSangrah at its sole Discretion.
We will refund the Buyer the amount paid by him/her limited to the particular refund application against the Vehicles listed on the Website. Service tax and Vehicle Inspection charges (if applicable) would be deducted from the refunded amount. Refunds will be processed via the same mode through which the payment was made and under exceptional circumstances can be returned in the form of an account payee cheque in the name of the person who made the payment.
13. COMPLIANCE WITH LAWS
All dealing Users of Website are informed to comply with the applicable laws including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and relevant amendment from time to time.
14. USER OBLIGATIONS
Usage of Website
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
- is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company.
- agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 12 herein below.
- The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Vehicles/services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Vehicles through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
- In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
- Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any Vehicles or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
Buyers and Sellers
- CarSangrah.com advises you not to test the site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use false names, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by CarSangrah.com. Please be aware that even if you do not give CarSangrah.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As a Seller You certify that all information provided by you against your listed Vehicles is true. Individual Seller can list one Vehicle at a time and needs to make CarSangrah.com aware of its timely status.
- As a registered member, You may list Vehicles for sale on the Site. You must be legally able to sell the Vehicles(s) You list for sale on our Site. Listings may only include text descriptions, graphics and pictures that describe your Vehicles for sale. All listed Vehicles must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the Vehicles listing or elsewhere on the Site other than in the Sell Vehicles Form is expressly prohibited and would be considered as a breach of the User Agreement. All listed Vehicles must be kept in stock for successful fulfilment of sales. The listing description of the Vehicles must not be misleading and must describe actual condition of the product. If the Vehicles description does not match the actual condition of the Vehicles, you agree to refund any amounts that you may have received from the Buyer.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other users or to the
Website/Company, at the sole discretion of the Company.
13. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Vehicles, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the Vehicles displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said Vehicles resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned Vehicles are listed for sale to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the Vehicles displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
15. DISCLAIMER OF WARRANTIES AND LIABILITIES
- Except as otherwise expressly stated on the Website, all Vehicles/services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
- The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose or non-infringement.
- The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
- The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
- The Company is not responsible for non-delivery or delayed delivery of Vehicles or unsatisfactory condition of purchased Vehicles, and any such issue shall be taken up by the Buyer with the Seller directly Buyer and Seller shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc.
- As a Seller, You are solely responsible to ensure that the Vehicles made listed by You on this Site, are non accidental, are not stolen or obtained by way of theft, fraud, any other illegal means etc. The Website and the Company accepts no liability for any such Vehicles listed on the Website by any Seller.
- The Seller represents and warrants that he/she shall be the sole and exclusive legal owner of all Vehicles, goods or products of any description that he/she wishes to offer for sale on the Website or shall have the complete rights bestowed on him by the Vehicle owner in written and that the Seller should have the authority to deal in and offer for sale such Vehicles, goods or products.
- The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- Any material, contents or information downloaded or otherwise obtained from the site is subject to this agreement and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- CarSangrah or its affiliates, employees, agents or consultants shall in any event be liable for any indirect, incidental or consequential damages such as, but not limited to, loss of business information, loss of goodwill, business interruption or loss of anticipated profits or benefits resulting from use of the site or any part or whole of the content or arising out of any breach of warranty even if CarSangrah or its affiliates, employees, agents or consultants have been advised of the possibility of such damages.
- Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on CarSangrah information, from inability to use CarSangrah information, or from the interruption, suspension, or termination of access to the content or site (including such damages incurred by third parties).
- This limitation shall also apply, without limitation, to the costs of procurement of substitute content, loss of goodwill, loss of profits, or loss of data. Such limitation shall further apply with respect to the performance or non-performance of CarSangrah or any information that appears on, or is linked or related in any way to, the site provided thereunder.
- Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
17. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Delhi, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Delhi, India, and that the Courts at Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)
19. MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.