Laid down here are the terms and conditions which will govern the usage of the site by you, www.indiandrives.com. The principles in general for the website of our international affiliates and subsidiaries constitute the obligation binding towards www.indiandrives.com. This agreement will be effective upon the acceptance of registration by the new user. www.indiandrives.com reserves the right to amend the agreement for users at any point and post the same on its website. The amendment will take effect exactly after 30 days from it being posted on the website. Hence the use of the site would be subsequently governed by the new rules and regulations. You may also be notified regarding the change in the user agreement by notifying you through a mode most preferred by you. This agreement will not be amended without the signing of the writing by you and www.indiandrives.com. It is advisable to keep a regular eye on any updates or amendments to the user agreement. If certain components of the agreement for user is deemed invalid, or null and void or unenforceable, such clauses in the agreement will be deemed to severe and will not affect the enforceability and validity of the other remaining clauses in the terms and conditions.
Rights to usage of the website are restricted to person who is able to form legally applicable contracts under any laws that are applicable. Users who are incompetent to make a contract within the prescribed meaning of the Indian Contract Act, 1872 including un-discharged insolvents, minors etc. are hence not eligible to use the website. Furthermore the website will not be available to persons whose terms of membership has been terminated or suspended by www.indiandrives.com also if you are registering in t the website as business entity, it is assumed that you are the authority to make binding decisions and hence bind the said entity to this agreement.
Obligations for registration and Your account
When you use the website it’s imperative on the user’s part to maintain the confidentiality of the accounts and password, and is also responsible for restricting the access to user computer and also you agree to be liable for all the activities that might occur under your password and account name.
You hereby agree to:
(a) Provide accurate, true, complete and current information about the entity as and when prompted by www.indiandrives.com in the registration form (“Registration Data”); and
(b) Update and promptly maintain the Registration Data to ensure that it is accurate, true, complete and current. If at all you provided any information that proved to be inaccurate, false or incomplete or in case www.indianndrives.com have reasonable and sufficient ground to suspect that any information is inaccurate untrue, incomplete or not current or is not in the accordance of the user agreement, the website www.indiandrives.com reserves the right to indefinitely terminate or suspend the membership and in other case refuse you to grant access to the website.
Subscription Fee and Services
www.indiandrives.com is free. The website does not charge any fee for browsing by the user. It only charges listing fee to all the sellers and charges a special fee that avails the special listing feature. However it must be noted that such fee may be waived off as part of some inaugural offer schemes to any associate dealer or an individual seller for a fixed duration. The website cannot be held liable for not making these public. We request you to review our fee before listing your car for sale on our website. The credit policies and the fee charged are the prerogative of www.indiandrives.com and hence it reserves the right to change the fee at its discretion. At the sole discretion of the website it may introduce latest services or modify some of the services or all of them which are offered on the website. In such a situation www.indiandrives.com has reserved to right to charge any new fee for such services or may even amend the already standing fee structure at its will. Changes pertaining to the credit policies and charging of the fee will be posted on the website from time to time and will come into effect immediately after it has been posted on the website.
All the fees quoted on the website will be in Indian rupees. The website, www.indiandrives.com, reserves the right to take any legal action against an individual for non-payment of fee.
Mode of communications
When you browse or visit the website or send mails to us, you are using electronics as a mode to communicate with us. You also agree to receive all kinds of communication by the website in electronic form. We shall communicate with you by posting relevant notices on the website or by emailing you. You also agree that all notices, agreements, disclosures and various other communications that are provided by us to you in electronic form shall satisfy all legal requirements pertaining to such communications in writing.
Platform for communication
The website is only an avenue where Users may interact and meet with one each other for their transactional needs. www.indiandrives.com is not and cannot be an active party to or control in manner whatsoever any transaction between the Users of the website. Consequently:
(a) www.indiandrives.com shall not be deemed responsible for any breach or non-performance of any contract agreed upon by 2 users. www.indiandrives.com does not and cannot guarantee that the Users shall perform any transaction which they concluded on the website. www.indiandrives.com is not and shall not be required to resolve or mediate any disagreement or dispute between Users.
(b) www.indiandrives.com does not make any Warranty or representation with respect to the attributes (such as worth, quality, condition, etc.) of the listed services or cars proposed to be purchased or sold on the website. In particular, www.indiandrives.com does not explicitly or implicitly endorse or support the purchase or sale of any services or cars on the website. www.indiandrives.com will not be liable for any omissions or errors or, whether on behalf third parties or of itself.
(c) www.indiandrives.com does not make any warranty or representation with regards to the attributes (such as legal creditworthiness, title, identity, etc.) of any of its registered Users. You are asked to verify the bona fides of any User that you intent to deal on the website and employ your best judgment in that respect.
(d) The website is a just a channel for communication where the Users are able to reach a wider base to sell and buy cars or associated services. www.indiandrives.com is only in business to provide a platform for such communication and it agrees that contract for sale of the products or services will be a in the strictest sense a bipartite agreement between the Seller and the Winning buyer. At no point in time shall any interest, right or title of the cars vest with www.indiandrives.com nor shall www.indiandrives.com have any liabilities or obligations with respect to such contracts. www.indiandrives.com is not responsible for delayed performance or unsatisfactory services or delays or damages as a result of out of stock cars which are normally unavailable. All listed cars are available for a particular period of time and it restricted to its supply.
(e) You must independently agree the manner of the terms and conditions of insurance, delivery, payment etc. with the registered Users you entered into contract with.
(f) You indemnify and release www.indiandrives.com and/or any of its representatives and officers from any liability, cost or damage or other consequence pertaining to any actions of the registered user of the website and specifically waive-off any claims the user may have in this respect under any law applicable. The reasonable effort that is put in by www.indiandrives.com , the website cannot control the flow of information furnished by other registered Users which is available on website. You may also find the information of other registered user’s to be harmful, inaccurate, offensive, or deceptive. Please use common sense, caution and always practice safe trading while using the website. Also it has to be noted that there is risk involved while dealing with underage persons, foreign nationals, or people operating under false intents.
Pertaining to usage
The users agree, confirm and undertake that the time you spend on the website will be governed by the below mentioned principles:
(a) “Your Information” means any kind of information that you may have provided to the website or to other authorized user of the website during the registration, listing or buying process, through an electronic-mail or in the area provided for feedback. You are explicitly responsible for the information you share and the website merely acts as a conduit for the entire process of publication and distribution of Information.
(b) Your Information (in this case the listed car):
(i) shall not be misleading, inaccurate or false;
(ii) shall not involve the selling of a counterfeit and you must not be fraudulent;
(iii) shall not infringe on any third party’s IPR, publicity rights, proprietary rights or trade secrets;
(iv) shall not, indirectly or, directly attempt to offer, offer, attempt to trade or trade relating a automobile, the dealing on this basis is restricted and prohibited in any manner whatsoever under the provision of any applicable regulation, rule, law or guideline in force at that time.
(c) You confirm and represent that you will be the exclusive and sole legal owner of goods, products and cars of whatever description that you intent to offer for sale on the website or you must have complete right bestowed upon you by the virtue of law by the legal seller in handwritten form. And that you have the required authority to deal in or sell such goods, services and cars.
(d) in a situation where an attempted transaction and transaction pertaining to a car, services or goods that is found to violate the applicable law or the user agreement comes to your notice or knowledge, you are expected to take all required steps to inform www.indiandrives.com about the same
(e) You will not, in conjunction or alone will try to manipulate the prices of a particular car being purchased or sold.
(f) You undertake to make sure that the information provided for your car listing from time-to-timer is not exaggerated or is not over emphasized. You must also refrain from making false attribute about your listing or services for that matter with intent to mislead other registered users.
(g) The user agrees that it will not reveal details like your contact details like Phone number, emailing address, address, in listing and buying process, at any place, excluding the registration form, including discussion forum, email-feature or feedback area to bypass www.indiandrives.com.
Related to breach of contract
without having a limiting effect on other remedies, www.indiandrives.com shall limit your access, warn other of your actions, end your listing with immediate effect, immediately indefinitely or temporarily terminate or suspend your membership, and/or deny you the access to the website:
(a) If you happen to breach the documents incorporated by reference and User Agreement;
(b) If www.indiandrives.com is not able to authenticate or verify any information you furnished; or
(c) If it is deemed that your actions can potentially cause legal liability for other Users and you, or www.indiandrives.com.
www.indiandrives.com shall at any time at its discretion give access or reinstate suspended Users. A User who may be indefinitely suspended may not even attempt to register with www.indiandrives.com or use the website in any manner whatsoever till the time such time that the suspended User is reinstated or given re-access by www.indiandrives.com. If you breach the terms of the User Agreement or the documents it incorporates by reference, www.indiandrives.com holds the right to reclaim or recover any amounts owing and due by you to www.indiandrives.com and may take strict legal recourse ,not limited but including, referring the names of such users to cybercrime division or initiate a court proceeding against you.
Related to privacy
Code of conduct-Buying
It is strongly advised to the users not to test www.indiandrives with any false buy requests. As it may, put you in a substantial legal risk. It is a punishable crime to furnish false names or any other personal information to buy a listed item. Willfully and deliberately entering fictitious or erroneous request may result in a criminal prosecution by www.indiandrives.com. It must be made aware to the users that regardless of the true name provided by the user to www.indiandrives.com or not, the web browser you use transmit a unique code address to us, which can be at the perusal by law enforcement officials in their quest to identify the user as a seller you are deemed to certify that all the related information furnished by you is correct. An individual seller is allowed to list only one car at a given point of time.
Code of conduct-Selling
As a privilege of being a registered member, you are given the rights to list car for sale on the website. You must be a legally competent entity in order to sell the car you list on www.indiandrives.com for sale. Listing of the cars may only include the graphics, text description and a picture that will depict the car you intent to sell. The listing should be in the appropriate category on the website. Soliciting business outside the site or offline by indicating any of the alleged contact details will be deemed to be an alleged breach of user agreement’s terms and conditions (e.g. e-mail ID, address or contact phone number) in the details of car listing or anywhere else on the website other than the form for the sell cars is expressly and explicitly prohibited and would be deemed as a breach of the User Agreement. Sufficient fulfillment of sales must be overseen by maintaining the stocks of the listed cars at all time. The description of listing must describe actual state of the product and should not be misleading. If in case the description of the listed car does not match he actual state of the car you are assumed to agree to refund the amount, if any, paid by the buyer.
In whatsoever events, www.indiandrives.com the website nor any of its supplier will be liable to prosecution for any incidental, special, direct, indirect, incidental, consequential or any such exemplary damages, not limited but including, damages for losing of goodwill, use, profits, data or any other intangible loss which may arise out of or with connection of the website, the agreement or its service, regardless of its arising which may include negligence. Liability of www.indiandrives.com warranties or representation about the, reliability, completeness, accuracy, latest and timeliness of any information, content, text, software, links, graphics or communications that are provided on or the usage of the website or the operation of the website will be free of error and uninterrupted. Subsequently, www.indiandrives.com will assume no liability for any damages suffered by the user either monetary or otherwise during the use of the website.
(i) The failure, delay, corruption or interruption of any information or other data or information that may be transmitted relating to the use of the website and/or
(ii) Any errors or interruption during the operation of the website. You are assumed to have expressly agree and understand the website, www.indiandrives.com, is not liable for any incidental, special, consequential, direct, indirect, or exemplary damages not limited to but including damages for intangible losses such as loss of goodwill, profit, data or use (regardless if www.indiandrives.com has warned/advised of such possible damages).
Policy of No-Warranty
The website, www.indiandrives.com and the suppliers that provides the service and site “as is” ceasing any condition or warranty,www.indiandrives.com and its suppliers provide the Site and services “as is” and without any Warranty or condition, express, implied or statutory and which specifically disclaim implied Warranties in merchantability, title or fitness for a said non-infringement and purpose. You explicitly and expressly agree, your usage of the website is entirely on the sole risk of yours.
No provisions or components of the user agreement shall be considered to constitute a agency or partner between www.indiandrives.com and the user and also you will not have any binding authority on www.indiandrives.com in any matter whatsoever.
Except as explicitly stated otherwise, any letter/notices should be sent by postal mail to Makshi Infotech Private Limited, B-1, 3rd Floor, Ashar IT Park, Ambika Nagar, Wagle Estate, Thane (West) 400604 Mobile: +91 9029 411 201 (in the case of www.Indiandrives.com) or to the mailing address you provide during the registration process to us(in your case). It will be deemed that a notice has been given after 24 hours of the mailing or unless the party sending the message notifies that the mailing address is invalid. In other scenario www.indiandrives.com may furnish you with a notice sent by postage prepaid, certified mail and return receipt, to the address mentioned by the user the process of registration to us. In this case a period of 3 days will be deemed as given notice after the mailing date.
Pertaining to indemnity
You are expected to hold indemnity to www.indiandrives.com and our affiliates, officers, parent, subsidiaries, directors, agents and employees from any demand and claim, including fees paid to the attorney/s’, made by a third party which may arise out of the breach of documents it incorporated for reference or the user agreement, also violation of ant rights or the law of any third party.
Violation of Law and Arbitration
For any dispute that may arise between www.indiandrives.com and the user during the usage of the website or after that, in connection with implementation, validity or breach of any of the provision of the user agreement, the dispute will be referred to an arbitrator who will be neutral and independent third party positively identified by the website, www.indiandrives.com. The arbitration will be held in Mumbai. The arbitration proceedings will be governed by the arbitration and conciliation Act, 1996. English will be the sole language used for the purpose of arbitration.
Pertaining to Governing Law
User Agreement will be construed and governed in accordance with the legislative law of India.