Terms and Conditions
Carsinindia welcome you at carsinindia.in for doing your car search (both new and used car), inspection, price discovery/valuation and sale & purchase of used car), your search and access to certain financial products, , loans, insurance & other financial products as offered by third parties, posting advertisements, etc and other services in automobile space.
Terms of Sale
- Additional Terms and Conditions
You acknowledge and agree that your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement.
Carinindia use third-party service providers to assist Carinindia in improving our Services and Website and to monitor our Users’ interests and activities. You hereby authorize Carinindia and/or third-party service providers engaged by Carinindia to collect, use, store, analyze, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to your use of the Website for the purpose of data analysis and for improving your experience on the Website. You acknowledge that this is solely undertaken by Carinindia to improve your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of Carinindia and/or third-party service providers.
Carinindia shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of your personal information when you use the third-party websites.
Service available through or use of the Website is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.
This Website, including mobile application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 (as amended from time to time), which provides a platform to users to avail the Services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. Carinindia is not responsible and cannot be held liable for any transaction between the Website Users.
By accessing, browsing and using this Website or availing Services, You agree and acknowledge that, you understand this limited and restricted use and accessing, browsing or using this Website or availing any Services is out of your own free will, discretion and responsibility.
Carinindia reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. Carinindia reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that Carinindia shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
Carinindia provides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by Carinindia and who wants to explore the more options before concluding their transactions. Among other services and information, Carinindia may provide any or all the below listed services to the Users:
Features and Content:
- The services can include listing of your used cars, online or browsing through the list of used cars listed by Users of Carinindia Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, services to other Users of the Website. Carinindia makes no claims that the any such information / data as available is accurate or applicability of the information to any specific situation.
- Website may also provide information on additional products of third party e.g. banks, financial institutions, insurance company, dealers etc. pertaining to loan, insurance, and other services ancillary and incidental thereto.
- Carinindia may also provide services towards facilitation of sale and purchase of your used car to used car dealers and other services such as valuation for your pre owned car
Carsinindia may allow the User of Website to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof (collectively referred to "User Content") accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products / services available through or at Website.
Being the originator of the User Content, You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge and agree that of the User Content posted or transmitted through our website represents the views of the author, and not of Carsinindia. You also acknowledge that your use of or reliance on such content is at your own risk.
You acknowledge that Carsinindia does not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then Carsinindia at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
Your Account and Login Options:
User may access to the Website or other information and material as available on the Website, as a guest user, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information available on Website for all users (called ‘guest user’) who do not need to register or create any account on Website. However services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create account on Website or provide certain personally identifiable information.
To avail the certain features, not available for Guest User, You need to register / create an account by providing certain details e.g. Your name, contact details, email id etc. (KYC) Once You register with Website and provide Your Information and complete the process of registration, Carsinindia set up an account by providing login id and password which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, Carsinindia recognize You as a registered user and You can login into Your Account and avail the Services and access to other features and information not available to guest users.
If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
You agree that when You provided Your Information while registering/creating Your Account with Us, You shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user’s account. Carsinindia may suspend/delete Your Account or can limit/deny the access to the Website or Services, any time, if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.
Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement, Carsinindia grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website.
You acknowledge, agree and undertake that your use of the Website shall be strictly governed by this Agreement (including Term of Use) and the following binding principles:
- You shall not use or access the Website or avail the Services by any means other than through the interface that are provided by Carsinindia.
- When You use the Website or Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- violate any applicable laws or regulations for the time being in force within or outside India;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person or entity;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- is misleading in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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.
- engage in any activity that interferes with or disrupts access to the Website or the Services available through or at the Website and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.
- attempt to gain unauthorized access to any other user’s account, Website any portion or Feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of Carsinindia connected with the Website to provide the Services. You shall not access the Website, Features or any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means or access or copy any Content or User Content on the Website including any derivates thereof through manual and/or automated means including but not limited to page scraping, data mining, data gathering, indexing, using software, devices, bots, crawlers, spiders, scripts, deep links, browser plug-ins or breach/disregard/violate any limitations/instructions in robot.txt file if any embedded in Website or URLs;
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor disrupt, interfere, breach the security or authentication measures on the Website or any network connected to the Website or cause any harm to the Website, system resources, servers of Carsinindia connected to or accessible through the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Carsinindia, including any other Account on the Website not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Carsinindia or other third parties. You shall not attempt to solicit any information and/or content available on the Website including but not limited to the personal information of other Users for any commercial purposes;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service;
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of Carsinindia or buyers/sellers on Website or otherwise.
Carsinindia at all times reserves its right, but not an obligation, to audit the Content, User Content, features available on Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of Carsinindia, Carsinindia determines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then Carsinindia may either remove or edit or block such material without any notice.
Though Carsinindia does not pre-screen the User Content, yet that Carsinindia and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.
Notwithstanding the above-said right, You acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not Carsinindia, are entirely responsible for all User Content that you have provided Carsinindia with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledges and agree that these User Content does not necessarily reflect the views of the Carsinindia nor Carsinindia endorse any such User Content.
Further to this it is informed that Carsinindia may share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.
Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. Carsinindia does not make any recommendations nor gives any warranty, guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.
You acknowledge and agree that details available on the Website are available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore you shall alone, and not Carsinindia, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.
When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and Carsinindia shall not be responsible for any consequences
If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. Carsinindia is not and shall not be obliged to provide any such additional services. Carsinindia only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.
Carsinindia strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by Carsinindia and/or Seller. Please be aware that even if you do not give Carsinindia, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
Only individuals are permitted to purchase any used cars listed for sale on Website, provided that use of such used cars thereafter is restricted to their own use only. Dealers, brokers, any other business entities or any other person (except for individuals expressly permitted as above) must not purchase any such used cars and any such unauthorized purchase shall constitute a breach of this Agreement.
Buyer has the responsibility to verify the condition of the vehicle listed by the seller and Carsinindia will not be responsible for any miss guided information from the Seller.
You may list or provide the details of cars (used/new) for selling to the prospective buyers as a Registered User of the Website.
You must be legally able to sell the vehicle you list for sale on Our Website. Listings may only include text descriptions, graphics and pictures that describe your car for sale. All listed cars must be listed in an appropriate category on the Website. All listed cars must be kept in stock for successful fulfillment of sales.
The listing description of the car must not be misleading and must describe actual condition of the product. If the car description does not match the actual condition of the car, You will be banned from the website and will not be able use any facility provided by carsininida.
You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement. In any such case, Carsinindia may suspend Your Account or permanently debar You from accessing the Website.
As a Seller you certify that all information provided by you against your listed car is true.
Dealers must should refrain from bribing/corrupting with any of the Carsinindia’s employees or customers for undue benefit. Any such action will lead to suspension of Account and termination of Services.
Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.
Carsinindia reserves its right to screen the listing of cars before publishing the same on the Website. This screening process is initiated from time to time to ensure the authenticity of the details posted by Seller. This screening may take some time and therefore listing of Seller car may be delayed. If at any time, in sole discretion of the Carsinindia, Carsinindia determines that the particulars of the car is misleading or not accurate, then Carsinindia may remove such listing from the Website and can further take appropriate actions against the Seller.
If you buy or sell any vehicle by participating in Auction (offline or online), You acknowledges and agree to be bound by the terms and conditions of Auction sale, as may be applicable. These Auction sale terms and conditions shall be in addition to the terms and conditions of this Agreement. To participate in Auction, Carsinindia may ask you to provide or execute some additional documents or may ask to deposit the security deposit.
13) Fees & Payments:
Access to Website is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. However Carsinindia, reserves the right, and may levy certain charge and fees in the future. You agree to pay any such fee as may be applicable to the Services or Product that You avail.
You can participate in auction only as a registered user (Log in account) and annual user fee will be charged by Carsinindia and user fee can be changed by carsinindia.
Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear any and all applicable taxes, charges, cesses etc.
You shall be responsible for all Your Fee and Payment related obligations and Carsinindia reserves the right to suspend the Services/Account or terminate the membership in case You do not fulfil Your payment related obligations in full or any violation to the company terms and conditions. Carsinindia also reserves the right to take legal action in case of non-payment of fees.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
Carsinindia, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that you place on our Website which includes banks, financial institution etc. You shall be responsible to abide by all rules/regulations/guidelines as issued and applicable to online payments.
When You make the payment through third party payment gateway, such third party process Your Payment to Carsinindia, provided You comply with all applicable rules and regulations. Carsinindia shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as Carsinindia does not control such third parties.
Permission, Website Access & Modification
Permission and Website Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, Carsinindia grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website, subject to the following conditions:
- The Permission shall not include: (i) any resale or commercial use of this Website or its Contents.
- It is not permitted to submit a lead or to enquire against a used car listing on the Website for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on the Website by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another site, brokering, match-making with other buyers, or purchase for resale.
- You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Website to any other entity or individual.
- No Contents or information on the Website may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Website that You do not restrict or inhibit any other user from using this Website.
- You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without the proper written consent of Carsinindia.
- Any software that is available on the Website is the property of Carsinindia . You may not use, download or install any software available at the Website without proper permission attained from Carsinindia.
- Any unauthorized use terminates the permission and the Permission granted by Carsinindia under this Agreement to you.
- Carsinindia solely has the right to modify the website without prior notice and no other users are allowed to do any kind of modification to the website or its contents.
Intellectual Property Right:
All text, graphics, audio, design and other works on the Website are the copyrighted works of Carsinindia or its vendors. Content on the Website is for personal use only and any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of Carsinindia. The trademark, logos or any content available in the website is sole property of Carsinindia and you are not permitted to alter, reproduce , republish, upload, post, transmit or distribute or use them without obtaining proper consent from Carsinindia. Carsinidia solely has the right to change or modify the contents of website on its discretion
A use of the Website, Content, Marks or other intellectual property rights of Carsinindia, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of Carsinindia or their respective third party, upon which Carsinindia or third party may initiate the appropriate legal proceedings against the User.
Warrant and Liability
all content, user content, third party content or information pertaining website or any product / services are provided to you on “as is” basis and without warranty of any kind.
when you access the website or avail any product or services at or through website, you do so at your own risk. you understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted through this website. without limiting the foregoing, carsinindia and its affiliates, agents, and licensors makes no warranty that:
you expressly understand and agree that, to the maximum extent permitted by applicable law carsinindia will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. you further acknowledge and agree that if you purchase/download the website from other third party service providers (e.g. google play store, apple etc.), then neither carsinindia nor any third party service provider shall be held liable for error or failure on the part of the website to function properly. you shall follow the rules/guidelines before downloading/installing the website as recommended by third party service providers.
any material, contents, software or information downloaded or otherwise obtained from the website 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. girmar is not liable on the authenticity of such data/information
Indemnification and Limitation of Liability
Limitation of Liability:
Carsinindia assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
(b) Any interruption or errors in the operation of the Website.
Platform for Communication:
This Website is only a platform to facilitate the interaction between the Users of the Website and provided an opportunity to browse the products and Services and conclude the transactions. Thus this Website works like an Intermediary only, who provides an online marketplace to its Users, in terms of Information Technology Act, 2000 (as amended from time to time).Therefore Carsinindia is not and cannot be a party to or control in any manner any transaction between two Users of the Website. All commercial/contractual terms are offered by and agree to between the Buyer and Seller alone. Carsinindia is not responsible for any non- non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Carsinindia cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website
Report Abuse & Your Feedback
Carsinindia advises its Users, not to post or upload anything which is abuse of the Website or violate any terms of this Agreement. Carsinindia also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
Private communication including email correspondence is not regulated by the Carsinindia. Carsinindia advises its Users not to use/send any such email. Any such reported instance will be investigated and Carsinindia will take appropriate measures (including legal steps, if required) to stop such practices.
When You share any feedback or post any comment (including User Content) on Website, it is deemed Non-Confidential. Carsinindia is at liberty to use any such feedback or User Content that You represent. You are not entitled to any compensation or reimbursement of any kind from Carsinindia for the feedback under any circumstances.
Details has to be filled
Governing Law and Jurisdiction:
This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 20 (Arbitration) above, all disputes arising under this Agreement between You and Carsinindia shall be subject to the exclusive jurisdiction of courts at Kottayam, Kerala, India.