Terms of Use

TERMS OF USE

Welcome to _______________________________ (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by ___________________________________(hereinafter referred to as “the Company”) with its registered office located at_____________________________________________.The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

Buyers and Sellers shall be collectively referred as (the “Users”)

BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE TERM ACCEPTANCE FORM, USERS (hereinafter referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

Our website provides a platform to the Seller who wishes to list and sell their vehicle on and through our website so that the buyer may browse the Company’s website for buying the vehicles listed by the Seller on Company’s website.

PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, TERM TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

  1. DEFINITIONS:
  2. “Company” shall mean ____________________________________________which owns and operates the website, ___________________.
  3. “Seller” shall mean an individual or entity who/which wishes to get its vehicle listed and sell the same on and through the website.
  • “Buyer” shall mean the individuals who may use the Company’s website for buying the Vehicle of the Seller listed on Company’s website.
  1. “Listing” shall mean and include the vehicle of the seller and its related information published/posted on Company’s website.
  2. “Registration” means the feature offered to Seller and Buyer to register on our website by providing us your Username, Email- address, password. Once you create an account on our website, you can login on our website using your e-mail id and password and list your vehicles which you intend to sell on and through our website.
  3. INTERPRETATION
  4. The official language of these terms shall be English.
  5. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
  6. ELIGIBILITY
  7. You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Term and all applicable local, state, national, and international laws, rules and regulations.
  8. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Term. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
  • By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms.
  1. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
  2. Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
  3. REGISTRATION
  4. The Seller and Buyer will have to register with us in order to list their services on our website
  5. In order to register with us, the Buyer a will have to provide details such as your Username, E-mail id, and password. Once the Buyer registers with us, its account will be created on our website and by using the same it will be able to browse the listed Vehicle of Seller on our website.
  • In order to register with us, the Seller a will have to provide details such as your Username, E-mail id, and password. Once the Seller registers with us, its account will be created on our website and by using the same it will be able to list its Vehicle on our website.
  1. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at ____________________________ of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
  2. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Term, you will update your Account information promptly.
  3. When creating an Account, don’t:
  4. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
  5. Use a username that is the name of another person with the intent to impersonate that person;
  6. Use a username that is subject to rights of another person without appropriate authorization; or
  7. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
  • We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at _______________________________.
  • You shall not transfer or sell your account on our website and User ID to another party.
  1. Our Services are not available to temporarily or indefinitely suspended Sellers. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
  2. One individual can own only one account in his/her name.
  3. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our terms of use and all other policies listed on the website and all other operating rules, policies and procedures that may be published from time to time on the website by the Company.
  4. SERVICES
  5. The Website provides a vehicle listing and information service on private listing portion of the site, sometimes referred to as the “Platform” that brings together buyers and sellers, and offers a secure private vehicle sales platform (“Platform”) through which buyers and sellers can conduct vehicle sales transactions. The information of vehicles provided through these services and on the Site is supplied by the seller or other third parties; the company is not responsible for the accuracy of such information. The company provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. The company is not a party to any transaction between vehicle buyers and sellers that occurs through the Site or that originates from information found on the Site. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
  6. You may pay a fee for access to certain services related to the Platform. All such fees are payable in advance of the provision of any such service are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. With respect to the Featured listing services offered on the Platform, you acknowledge that your vehicle will only be eligible for promotion as a featured listing if (i) it receives a FAIR, GOOD, or GREAT Deal Rating or does not receive a Deal Rating, and (ii) your listing contains a valid VIN for vehicle. Following payment, you will receive such Platform services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by us due to an issue with your listing.
  • FOR ALL PLATFORM-RELATED SERVICES, THE COMPANY IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. We do not hold or possess title for any vehicle listed for sale on our Site and we are not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.
  1. WE MAKE NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. WE DO NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. WE DO NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE
  2. The following terms also apply to vehicle purchases and sales through the Platform:
  • Transfer of Ownership. We will communicate certain information between sellers and buyers (and vice versa) to help facilitate a sale on the Platform, but we do not transfer legal ownership of vehicles from the seller to the buyer.
  • Dedicated Agents. Any guidance we provide in connection with a vehicle sale through the Platform, including guidance provided by our agents, is solely informational and you may decide to follow it or not. Also, while our agents may help facilitate various aspects of a private sale, we have no control over and does not guarantee: the existence, quality, safety or legality of vehicles advertised to be sold; the truth or accuracy of user’s content or listings; the ability of sellers to sell vehicles; the ability of buyers to pay for vehicles; or that a buyer or seller will actually complete a transaction.
  1. SELLER’S RESPONSIBILITY FOR LISTING VEHICLES AND SERVICES ON THE WEBSITE AND ITS OBLIGATIONS:
  2. The Seller agrees to ensure that the listing description of the vehicle must not be misleading.
  3. The Seller agrees to ensure not to be a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker,
  • All listed vehicles must be listed in an appropriate category on the Website.
  1. The Seller agrees to update accurate, current and complete information regarding the Seller as is requested during the Seller’s registration process via the Website. Any changes in the offering of vehicle need to be submitted in writing either via email, fax or printed list of vehicles no later than __________________ business days before the date the Seller requires the changes to be published.
  2. Company may perform a variety of marketing activities to promote Seller and the Seller’s list of vehicle and other information provided to Company, all such marketing activities will be determined in Company’s sole and absolute discretion and the Company’s website content may be changed, without notice and from time to time, to reflect any such changes.
  3. The Seller hereby grants to Company a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Company’s Website, or the Company’s Marketing Activities; and, in connection with Company’s exercise of the license rights granted by the Seller.
  • Company may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed.
  • Company does not assert any ownership over the Marketing Materials; rather, as between Company and the Seller, and subject to the rights granted to Company herein, the Seller shall remain the owner of its Marketing Materials and the intellectual property rights associated thereto.
  1. The Seller declares that it has all rights, ownership, licenses and authorizations and is authorized to provide such services to the Buyer via Company’s website. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.

 

  1. MATERIAL WHICH ARE PROHIBITED OR RESTRICTED FROM BEING LISTED ON COMPANY’S WEBSITE:
  2. The Company shall not be listing and/or selling the following material on/via its website. Thus, the Seller shall not include the following materials in their list/details of vehicles which they provide to the Company for the Company to list and sell on its website.
  • Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media);
  • Alcohol including alcoholic beverages such as beer, liquor, wine or champagne;
  • Animals and Wildlife Vehicles – examples include mounted specimens, and ivory
  • Artifacts prohibited for sale
  • Beta Software
  • Bootleg/Pirated Recordings
  • Brand Name Misuse
  • Bulk marketing tools which include email lists, software, or other vehicles enabling unsolicited email messages (spam)
  • Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
  • Catalogue and URL Sales
  • Child pornography which includes pornographic materials involving minors
  • Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present
  • Counterfeit Currency and Stamps
  • Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs
  • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
  • Embargoed Goods
  • Endangered species which includes plants, animals or other organisms (including vehicle derivatives) in danger of extinction
  • Event Tickets
  • Firearms, Ammunition, Militaria and Knives
  • Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances
  • Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
  • Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles
  • Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property
  • Hazardous and Restricted Items
  • Human Parts and Remains
  • Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine
  • Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
  • Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection
  • Movie Prints
  • Offensive Material – examples include ethnically or racially offensive material or any literature, vehicles or other materials that: i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors ii) Encourage or incite violent acts iii) Promote intolerance or hatred
  • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
  • Police, Army, Navy and Air force Related Items
  • Pre-Sale Listings
  • Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other vehicles requiring a prescription by a licensed medical practitioner
  • Promotional Item
  • Real Estate
  • Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications
  • Replica and Counterfeit Items including imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods
  • Ringtones
  • Stocks and Other Securities or related financial vehicles
  • Stolen Property
  • Surveillance Equipment
  • Tobacco and cigarettes includes cigarettes, cigars, chewing tobacco, and related vehicles]
  • Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related vehicles
  • Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
  • Wholesale currency which includes discounted currencies or currency exchanges
  • Any other vehicle or service which is not in compliance with all the applicable laws and regulations whether federal, state, local or international including the laws of __________.
  • The Company reserves the right to modify, update and alter the list from time to time without any prior intimation.
  • The Company also reserves the right to modify the listings if relevant details are missing and it may even remove the inappropriate listings on the website without any prior intimation.
  1. PAYMENT:
  2. Certain vehicle sales transactions through the Platform may use company’s online payment processing services, where the company manages receipt of payments on behalf of sellers (such management described herein as “managed payments” or similar references). For vehicles offered for sale on the Platform by sellers using managed payments accounts, such vehicles may be paid for using certain payment methods that we may in its sole discretion make available, and we will manage settlement of the payment to sellers. The contract for sale underlying the vehicle purchase is directly concluded between seller and the buyer in the same manner as for transactions for which we do not manage payments.
  3. We may use different third party payment service providers to assist in providing the managed payments experience, including companies that process payments, perform risk assessments or compliance checks, verify identity and validate payment methods.
  • By completing purchases from sellers who use managed payments, buyers authorize us to initiate payments using the buyers’ selected payment method and collect the transaction amounts on behalf of sellers. BUYERS AGREE AND UNDERSTAND THAT WE HAVR BEEN APPOINTED AS AN AGENT OF SELLERS WHO USE MANAGED PAYMENTS FOR THE LIMITED PURPOSE OF ACCEPTING SUCH PAYMENTS ON BEHALF OF SELLERS. Accordingly, payments received by us from buyers satisfy buyers’ obligations to pay sellers in the amount of payments received.
  1. COVENANTS OF SELLER:
  2. The Seller hereby covenants with the Company as under:
  3. Not to mention in their list/details of vehicles provided to the Company any vehicles which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such vehicles.
  4. The Seller declares that it has all rights, ownership, licenses and authorizations and is authorized to sell/provide such vehicles to the Buyer via Company’s website. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.
  • The Seller agrees to indemnify and keep indemnified the Company from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the Seller.
  1. To provide to the Company, for the purpose of the listing/display on website of Company, the vehicle description, images, disclaimer, price and such other details for the vehicles to be displayed and offered for sale.
  2. To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is surrogatory in nature. Further it will forward the vehicle description and image only for the vehicle which is offered for sale through the website of the Company. The Seller agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to the Company.
  3. To provide full, correct, accurate and true description of the vehicle so as to enable the Buyers to make an informed decision. The Seller agrees not to provide any such description/information regarding the vehicle which amounts to misrepresentation to the Buyer.
  • To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the vehicles offered for sale through portal of the Company.
  • At all times have access to the Internet and its email account to check the orders placed by Buyers, status of approved orders and will ensure that the vehicles ordered are delivered on time to the Buyers.
  1. To pass on the legal title, rights and ownership in the Vehicles sold to the Buyer.
  2. To be solely responsible for any dispute that may be raised by the Buyer relating to the vehicles and services provided by the Seller. No claim of whatsoever nature will be raised on the Company.
  3. The Seller shall at all time during the pendency of this Term endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
  4. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF SELLER:
  5. The Seller warrants and represents that:-
  6. All obligations narrated under this Term are legal, valid, binding and enforceable in law against Seller.
  7. There are no proceedings pending against the Seller, which may have a material adverse effect on its ability to perform and meet the obligations under this Term;
  • That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present Term with the Company.
  1. It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this Term including but not limited to Intellectual Property Rights, Value added tax, Excise and Import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
  2. That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Term with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
  3. Please note that trust is the most important aspect of trade between buyers and Sellers in marketplace and one of the key aspects of trust is fair pricing. For healthy transaction flow on Company’s website, Seller is required to price its items responsibly. The Company constantly monitors prices for each merchant at various channels and shall not allow the Seller to quote a higher price. Seller should price its items to be same as the lowest rate they are selling at elsewhere or even lower but it should not be more. Violation of pricing policy will result into warning notices and can also result into removal of their vehicles listed on the website by Company.
  • Sellers on Company’s website are prohibited to engage in direct communication with buyers for any pre-sale, order, post sale or returns related matters. Sellers are also not allowed to engage in direct or indirect marketing communication with buyers. However, Sellers should not be engaged in communication with the buyers. Violations of this may result in Vehicle Listing cancellation.
  • Seller agrees that appropriate disclaimers and terms of use on Company’s website shall be placed by the Company.
  1. INTELLECTUAL PROPERTY RIGHTS:
  2. The Seller expressly authorizes the Company to use its trade marks/copyrights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Term, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Term, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
  3. BUYER DATA:
  4. “Buyer Data” means any and all identifiable information about Buyers/purchasers generated or collected by Company or the Seller, including, but not limited to, Buyer’s name, email addresses, services availed, phone numbers, and Buyer’s preferences and tendencies. The Seller agrees that it will only use the Buyer Data in fulfilling the applicable Buyer Order and in complying with its obligations in this Term, and the Seller agrees that Buyer Data will not be used to enhance any file or list of the Seller or any third party.
  5. The Seller represents, warrants, and covenants that it will not resell or otherwise disclose any Buyer Data to any third party, in whole or in part, for any purpose whatsoever. The Seller agrees that it will not copy or otherwise reproduce any Buyer Data other than for the purpose of providing services to the Buyer. The Seller (and any other persons to whom the Seller provides any Buyer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Buyer Data. If any Buyer Data is collected by the Seller (or otherwise on its behalf), the Seller shall ensure that it (and any applicable third parties) adopt, post, and processes the Buyer Data in conformity with an appropriate and customary privacy policy.
  • For purposes of this Term, the restrictions set forth herein on the Seller’s use of Buyer Data do not apply to: (a) data from any Buyer who was a Buyer of the Seller prior to the Seller using the Website, but only with respect to data that was so previously provided to the Seller by such Buyer; or (b) data supplied by a Buyer directly to the Seller who becomes a Buyer of the Seller and who explicitly opts in to receive communications from the Seller for the purposes for which such Buyer Data will be used by Seller; and, provided in all cases, that the Seller handles and uses such Buyer Data in compliance with applicable Laws and the Seller’s posted privacy policy.

 

  1. RELATIONSHIP:

Nothing in this Term will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Seller and Seller shall not represent the Company, neither does it have any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

  1. INDEMNITY:
  2. The Users indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Seller’s vehicle, the breach of any of the Seller’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Term or terms of use of Company’s website or any obligations arising out of the Seller infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, taxes. Etc. This clause shall survive the termination or expiration of this Term.

 

  1. LIMITATION OF LIABILITY:
  2. The Company on the basis of representation by the Seller is marketing the listed vehicles of the Seller on its website to enable Seller to offer its vehicles for sale through the Company’s website. This representation is the essence of the Contract.
  3. It is expressly agreed by the Seller that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller or any other party whomsoever, arising on account of any transaction under this Term.
  • The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Vehicles offered for sale through Company’s website (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Seller or any of its representatives.
  1. The Company under no circumstances shall be liable to the Seller for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Term, regardless of the type of claim and even if the Seller has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Seller to have been deliberately caused by the Company.

 

  1. TERMINATION:
  2. This Term may be terminated by the Company forthwith in the event:-
  3. User commits a material breach of any representation, obligations, covenant, warranty or term and the same is not cured within 30 days after written notice given by the Company.
  4. If a Petition for insolvency is filed against the User.
  • If the User is in infringement of the third party rights including intellectual property rights.
  1. This Term may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The Term shall stand terminated after expiry of such period.
  2. EFFECTS OF TERMINATION:
  3. In the event of termination/expiry of this Term, the Company shall remove and shall discontinue display of the Seller’s Vehicles on its website with immediate effect.
  4. In the event of termination/expiry of this Term, the Company shall remove the account of the buyer on its website with immediate effect.
  • Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the user by virtue of termination of this Term.
  1. During the period under notice both the parties shall be bound to perform its obligations incurred under this Term and this sub-clause shall survive the termination of this
  2. GOVERNING LAW AND DISPUTE RESOLUTION:
  3. This Term and any action related thereto will be governed by the ____________________ without regard to or application of its conflict of law provisions or Seller’s state or country of residence.
  4. Seller agrees to submit to the exclusive jurisdiction of the courts sitting in_______________________________, ________ in relation to proceedings arising out of this Term.
  • The Company does not support vehicle returns or cancellations of completed sales. Once a sale through the Platform is complete, any dispute between a buyer and a seller concerning a vehicle sold through the Platform must be addressed directly between the buyer and seller separate to and outside of the Platform.
  1. If there is a dispute between the Seller and a Buyer, the Seller understands and agrees that Company is under no obligation with respect thereto, and the Seller, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
  2. If you have a dispute with a buyer or seller using the Platform, you release the Company (including our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  3. The Seller agrees that in case it is unable to resolve its disputes with the Buyers then the Company has the right to remove the Seller from its listings on the website and terminate this Term.
  • In case of dispute between Company and the Seller, the same shall be referred to the decision of a Sole Arbitrator to be appointed by the Company in accordance with and subject to the provisions of the Arbitration laws of
  • The venue of such Arbitration shall be at ___________________________in order to deal with the arbitration proceedings and the awards in accordance with law.
  1. The decision of the arbitrator shall be final and binding.
  2. The language to be used and all written documents provided in any such arbitration shall be in English.
  3. DISCLAIMERS:

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND  AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS TERM, THE WEBSITE AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SELLER’S ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET OR MOBILE DEVICES.

  1. NOTICES:
  2. Except as explicitly stated otherwise, any notices given to Company shall be given by email to ________________________ or at an address __________________________. Any notices given to the Seller shall be to the email address provided by the Seller to the Company at the time of listing (or as such information may be updated via the website by Seller from time to time) or at the mailing address provided by Seller to the Company.
  3. Any notice, demand, or request with respect to this Term shall be in writing and shall be effective only if it is delivered by email, personal service, by air courier with receipt of delivery, or mailed, certified mail, return receipt requested, postage prepaid, to the address set forth above. Such communications shall be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being deposited in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section.

 

  1. BINDING EFFECT:

This Term shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.

  1. ASSIGNMENT:

The User shall have no right to (a) assign this Term, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company’s prior written consent which may be withheld as Company determines in its sole discretion.  Any such purported assignment shall be void. The Company at its sole discretion may assign this Term to any third party.

  1. SEVERABILITY:

If any provision of this Term shall be found invalid or unenforceable, the remainder of this Term shall be interpreted so as best to reasonably effect the intent of the parties.

  1. INJUNCTIVE RELIEF:

Seller acknowledges and agrees that in the event of a breach or threatened breach of this Term by Seller, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Term.

  1. AMENDMENT:
  2. Company may at any time at its sole discretion modify this Term from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Company shall also post the amended Term at the address of the Seller. The uUser agrees to be bound to any such changes and understands the importance of regularly reviewing this Term as updated on the website to keeping the Seller’s listing and contact information current.
  3. Notwithstanding anything to the contrary herein, Company reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Website and (or any part thereof) with or without notice. The User agrees that Company shall have no liability to the User or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company’s Website.
  4. FORCE MAJEURE:

Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Sellers, or vehicles; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.

  1. WAIVER OF RIGHTS:

A failure or delay in exercising any right, power or privilege in respect of this Term will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  1. MISCELLANEOUS:
  2. Termination of this Term for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
  3. Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this Term or of any clause.
  • Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this Term.
  1. ENTIRE AGREEMENT:

This Term along with the terms of use, privacy policy and other policies published on the website constitutes the entire understanding and Term of the parties with respect to its subject matter and supersedes all prior and contemporaneous Terms or understandings, inducements or conditions, express or implied, written or oral, between the parties.

  1. CONTACT US:
  2. For any further clarification of out Terms and Conditions, please write to us at ________________________________________ (email address).
  3. Our Permanent Address is _______________________________________.
  • Our legal representatives can be contacted at __________________________________.
  1. Our Dispute Resolution team can be contacted at _____________________________________ (email address).

 

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