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By accessing this website/portal/platform :- CarOnPhone or by whatever name called / as may be launched from time to time (hereinafter referred to as “Website” and/or “Platform” which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by AVAINSOFT PRIVATE LIMITED COMPANY ("The Company"), a company, having its registered office at: Rajhans Montessa, 610-611, Dumas Rd, beside Le Meridien Hotel, near Surat Airport, Surat, Gujarat 395007, you agree to be legally bound by the following terms and conditions and other incidental or related aspects for use.
Before you use the Platform, you must read all of the terms and conditions (''Terms") herein and the Privacy Policy provided on the Website. Please also refer the additional legal information as may be applicable to you. You must be at least [18] years of age to use our Platform / Website; and by using our Platform and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age. Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. This Platform shall not be responsible to validate and authenticate your age, however, the Platform reserves the right to optionally / randomly conduct checks to verify the correctness of your legal age or of your legal guardian’s age registering on the Platform on your behalf.
"we", "our" and "us" means "The Company"; "you", “user” and "your" means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Platform along with updating their users on this Platform;
A vendor is a versatile entity within the realm of commerce, often embodying the roles of both whole seller and showroom.
It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The Company reserves the right at any time and at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the Platform in any way, you should immediately terminate use of the Platform.
This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.
Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.
By using these Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed further on this Platform. If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Surat shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of the Company to act with respect to a breach by you or others, does not waive its right to act with respect to subsequent or similar breaches against you or others. The Company does not guarantee that it will take action against all the breaches of this Agreement.
Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the Company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the Company with respect to the Platform and/or the Services.
The Company provides the Website for carrying out new car search, inspection, price discovery/valuation and sale, search and access to certain financial products, including but not restricted to, loans, insurance & other financial products as offered by third parties, and other services in the automobile space. The Company also provides various other services viz. a platform to compare the various cars that the User has shortlisted, to get to know the best car in the segment as per the requirements submitted by the User, EMI calculator, etc. Further details related to the Services may be availed from the above-mentioned Website.
The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. Content hosted on the Platform is licensed, and not sold to the User. The Company reserves the right to amend or introduce additional Terms in future as may be mandated by compliant authorities and/or otherwise. User may use the Company’s Portal only on Supported Devices (as may be conveyed from time to time by the Company) that are compatible with the software. To access the Portal, User may be required to download, install and run certain software, and updates and upgrades thereto, owned or controlled by the Company and/or its service provider(s). Such software shall be governed by the accompanying software or end-user license agreement, and User shall comply with the terms thereof, the terms of which are incorporated herein.
While using and accessing this Platform, User provides consent to store various information of User like login information, name, address, email, phone number, user’s option to register through Gmail/Facebook, geographical location, etc. User understands that some or all of these may be specified under personal information and User unconditionally provides the Company their consent to store, use, and process, transmit, etc., this information. Additionally, the User provides consent to the Company allowing the Company to use various analytics tools like google / web analytics, etc., over such data of user. Company further collects and stores other information that may include, Users’ name, mobile number, email, etc., but not limited to, to which User completely provides their consent hereof.
In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.
Registration with the Platform is by way of creating a user ID with your mobile number and name. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.
While registration “The One-Time Password” (OTP) generated and dispatched during various authentication processes on our website is intended solely for verifying user identity and safeguarding account security. Users are strictly prohibited from engaging in any form of misuse or unauthorized use of OTPs. This includes sharing OTPs with third parties, employing OTPs for fraudulent activities, attempting to bypass OTP authentication mechanisms, circumventing OTP expiration, or unauthorized access to OTP generation mechanisms. By utilizing our website, users acknowledge and agree to comply with these OTP usage terms.
You hereby agree that the Company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the Company/the Platform reserves the right to make your details available to third-party brands/ institutes/ organizations / companies or their affiliates partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
You hereby specifically grant a consent to receive, One-Time Passwords, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the Company through email, SMS and/or any other mode of communication.
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name, Mobile number and for all activities that occur under your Display Name and Mobile number. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, The Company shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and any consequences arising from such false or incomplete information shall be your sole responsibility.
You agree to immediately notify us of any unauthorized use / breach of your display name, mobile number or account and ensure that you logout from your account at the end of each session. In case you fail to do so, you shall be responsible for any unauthorized / unethical use and liable to the Company for any damages that may occur.
i) Company’s Propietary Rights: You acknowledge and agree that the Company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). The copyright exists in the content on the Website (including but not limited to sections for Blogs, News, About Us, EMI Calculator, etc.) as well as the Website itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform/Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.
The trademarks, logos, designs and service marks ("Marks") displayed on this Site are and shall always remain the sole property of the Company (and/or the respective Brand/s, its parent company, organizations, etc., respectively) . Trademarks, domain name and the logo of the Website also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights, notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of Service, data, details or information, features, systems, etc.
Company’s websites (current as well as any other launches in future) respect the PII, intellectual property rights of our users, content providers, organizations, institutes, publications and other third parties and expect our users to do the same when using our Services.
In the event that an image or video is used by the COP without proper authorization or licensing, the following protocol should be followed:
If another company identifies their copyrighted material being used without permission:
1. The aggrieved company should issue a formal notice to the COP, informing them of the unauthorized use and providing evidence of ownership.
2. Upon receipt of the notice, the COP is obligated to promptly remove the disputed image or video from its platform or any other usage.
3. No penalty shall be levied against the COP as long as they comply with the notice and swiftly remove the infringing content.
ii) Third-Party Proprietary Rights: All the content displayed on the Website, all the hyperlinks to the individual brand pages, etc. are the sole property and is in the exclusive right, title and ownership of the respective Brands ; it may be noted that the term “Brand” in context and meaning to the preceding line shall mean and be interpreted as the respective brand/s, its parent company, organizations, etc., shall continue retaining their respective IPR and proprietary rights of their respective IPRs being published, accessed, hosted, etc., on the platform.
Users shall be equally bound by the confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, not only towards the Company but also towards the respective Brands, content providers, , service providers, 3rd party/ies, etc., but not limited to.
The Company grants you a limited license to access and make use of the Website/Platform, the Services offered purely for commercial purpose only.
This license does not include any copying of any kind of information or in any form such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not subscribed for the platform’s services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party) outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by the Company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the Company and shall entail charges of compensation to be paid by you as may be determined by the Company.
By using the Platform, You (User) agree NOT to:
You represent and warrant that you/user on whose behalf this account is being created /to be created and used (Parent or Legal Guardian; shall be jointly, severally and interchangeably used as “You”, “Your” etc.), are of legal age and not a minor, competent to contract, having a sound mind, and under no coercion or undue influence of any person or substance or incapacitated in any manner whatsoever to form a binding contract and are not a competitor of the Company or in any way or manner associated with competitor or potential competitor or a person barred from receiving the Services offered by the Company under the laws of India or other applicable jurisdiction.
You will use the Platform to make legitimate use for you or for any another person for whom you are legally authorized to act (and will inform such other persons about the Agreement and/or Privacy Policy) that apply to the use of the Platform and the Services on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse and/or deny access of any and all existing or future use by you of the Platform (or any portion thereof).
Notwithstanding the above, the Company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy or any other policy that maybe in force with or without reason.
User shall be responsible for creation and saving of their own user Id, display name, mobile number and company recommends the same to be changed at regular periodic intervals.
The Company's display on or through the Platform of any product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the Company of any such third parties or of their products. The Company does not, through its Platform display, content or in any other manner, provide any recommendation, preference, promotion, opinion or advice to you on the third parties or their products. You agree that the Company and the Platform is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the Company is playing through its Platform is as mentioned in the services / purpose and any interaction with such third party introduced through the Platform is at your own risk, and the Company will have no liability or responsibility with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.
You hereby undertake and confirm that the information and data furnished by you to the platform is true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with the Platform as well as any partners of the Platform in future. By registering and proceeding with the Application, you hereby authorize the Platform and give your consent for the purposes as may be envisioned by Platform from time to time.
While Company takes the best in industry measures to safeguard user’s data, it clearly disclaims any obligation as may be imposable onto the Company. Company reserves the right to delete the entire data of user at any point of time wherein a breach to the stated terms is found, at sole discretion of the company. Company further reserves the rights to segment different user categories like patron users and others etc., and store the information in an archived manner and/or delete the same upon expiration of the subscription / license period. Company hereby confirms that upon request of user for deletion of his/her respective data, company upon evaluation and the then existing rules of retaining data, shall do the needful as requested by user.
Users may request the deletion of their personal data held by the Company by following the process outlined below:
The Company controls and operates this Platform from its headquarters in Surat (Gujarat), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities interested to getting on boarded onto platform for the services as may be enlisted therein from time to time. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.
The Company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform; however, there are various institutions which may have been on-boarded as one of the key user groups of this Platform which has subscribed for various 3rd party contents. These contents are owned by respective 3rd party content providers, publishers etc., and Platform in no way claims ownership, accuracy, veracity etc., of such content which may be subscribed or made available by institutions and/or by such 3rd party publishers. At the Company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Platform, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the Company.
You hereby represent, warrant and covenant that any Material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the Company then you shall be solely liable and shall indemnify the Company in respect of the same. The Company takes no responsibility and assumes no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
Apart from the above mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mention under title "Platform-Provided Message Postings (Including Forum)" in the document below.
Any non-compliance/breach/infringement of the above shall entitle the Company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
The Company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ''The Company's Associates") will not be responsible or liable for:
(a) any injury, death, loss, claim, Act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
(c)any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform;
(d) any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights; proprietary rights, etc.
In no event shall Company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to Company hereunder. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
You agree to indemnify, release and hold harmless the Company and the Company's Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services. You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Company without the express prior written consent of the Company which can be withheld or denied or conditioned by the Company in its sole discretion.
When you use the Platform, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and conditions & Privacy policy on the Company’s website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.
The Platform may provide users with the ability to post messages on the Platform. The Company is under no obligation to validate in any manner to review any messages, information, comments, data or content ("Postings") posted on the Platform by users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, the Company may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings. You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:
This prohibition includes but is not limited to:
The Company may post blogs and news articles related to latest developments in the industry or upcoming cars or technology, etc. on its Platform, which may be written by the Company or its contributing authors. The Company Blogs, News and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the Company's Blogs and news does not create an attorney-client relationship, and the contents of the Company's Blogs do not constitute advice. Information provided through Blogs and News articles may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The Company and all contributing authors to Blogs and News articles expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the Company, the Company's Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs or news articles.
The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the Company or Blog editors approve or disapprove of the selection or contents of that item.
The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the Company and/or its licensors, as applicable. All rights are reserved.
No articles on the Blog may be reproduced without the express written permission of the Company. If the Company does grant permission to a Platform to reproduce a portion of an article, the text must be accompanied by a link to the full article on the Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of the Company. The Company may terminate a grant of permission at any time if it determines that such grant is no longer in the best interests of the Company. To obtain a permission to reproduce the article and/or in case of any queries pertaining to functioning of the Platform, kindly write to the email id as may be mentioned in Contact us / Support Segment of Platform, from time to time.
The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. The Company makes reasonable efforts to ensure that the details provided on our Website are accurate, however, the Company does not control such Third-Party Content/Resources and you acknowledge and agree that the Company is not responsible for the non-availability of such third-party external sites or resources, and therefore shall not be responsible for any loss or damages resulting out of the use of Third-Party Content/Resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such third-party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
The Company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Terms (all sections) and the Privacy Policy, Disclaimer, etc. at any time. If the Company makes a material modification to this Terms, you are advised to refer this Terms from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Terms as updated.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same
Your feedback makes us better. Please feel free to share it with us. The Company will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future in the Company programs. The Company shall be free to use such information on a requisite basis.
By submitting the feedback, it shall be considered as an implied warranty and undertaking by the user that:
i) the user has not revealed any trade secrets or other proprietary/confidential information in your messages to the Company. In case you do so, the Company shall NOT in any case be held liable for breach of any confidentiality clause as a result of your actions. Any and all rights to materials/data/information submitted to us become the exclusive property of the Company;
ii) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances. The Company reserves the right to initiate any action against you under the applicable laws for a breach of this representation, including appropriate actions for any defamation allegations. The Company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the Company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to a service applicant. In case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the Company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the Company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need-to-know basis.
All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third-party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
A breach or non-compliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the Company, the Platform and/or a third party. The Company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breaches or fails to comply with any of the provisions of this Part B.
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 as in force. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.
The place of arbitration shall be Surat (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Surat, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
The Courts at Surat, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and, on your behalf, shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.
This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Surat, Gujarat (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and, on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.
The Company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at Company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
No Warranty: The Website, Services, and Platform are provided by the Company on an “AS IS,” basis with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the Company or any of the respective Brands posted in the Website.
Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the user for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv)any interruption or cessation of transmission to or from our servers,
(iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Website/Platform by any third party,
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via any third-party, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, and/or
(vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose, etc. However, to the extent permitted by law, company excludes all such warranties and strongly advises user to proceed with usage of the Platform only if he/she agrees with the Terms and Conditions and Privacy Policy of the Company as stated herein.
Although the Platform/Website may link other websites (“External Sites”), the Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing Company’s Portal/ Website, User acknowledges and agrees that the Company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages and consequences. The Website may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, promotion, approval, or agreement with any third-party communication made available via the Website. Company shall not be deemed to have considered, reviewed, screened or approved any such third-party communication.
The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. The Company shall not be responsible for the delay or inability to use the Platform/Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the platform, or otherwise arising out of the use of the Platform/Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform/Services during periodic maintenance operations or any unplanned suspension of access to the platform that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material, data downloaded or information obtained from the Website or otherwise obtained through the Platform is done entirely at user’s own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material, data or information obtained.
The user hereby agrees that any details or information that may appear on the Website/Platform, in relation to the Vehicle Number and its ownership, shall impose no liability on the Company as to its authenticity and correctness.
Any decisions to purchase any policy/product /loan/insurance provided on the Company’s Website will be based solely on the User’s independent evaluation of the policies/products/loan/insurance, and his/her need for the same. The User has the responsibility to determine whether the policies/products/ loan/insurance offered by the Company to satisfy the requirements of the User. It is the responsibility of the User to evaluate the completeness, authenticity, accuracy or usefulness of any opinion, guidance or other content made available on the Website and the User should consult his/her/its own legal counsel, business advisor and tax advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given.
The Company shall assist the user in availing loans and insurance, but it shall not in any way obligate the Company for the same. The Company takes no responsibility in case the policy/product/loan/insurance is rejected for reasons owing to misinformation provided by the User, non-compliance of any third-party’s policies, etc. but not limited to.
Any comparative analysis of the cars presented on the Website is solely derived from the information, data, specifications, and features of vehicles, as well as an algorithm developed and employed by the Company. The Company explicitly clarifies that it has no affiliations, partnerships, or collaborations with any specific Brand. Furthermore, it emphasizes its commitment to impartiality, stating that it does not endorse or promote any particular brand or vehicle.
In essence, the Company aims to provide a fair and unbiased comparison of cars based on objective criteria. The analysis offered on the website are rooted in the characteristics of the vehicles themselves, as well as the algorithmic methodology implemented by the Company. This declaration seeks to assure users that the information provided is driven by a neutral assessment, devoid of any external influences or preferences towards specific brands or cars.
The Company also provides for a test drive facility, i.e., the user can book a test drive of his/her choice of vehicle, and the Company shall facilitate for setting up the same. This facility shall be provided with a pick and drop facility. Notwithstanding the above, the user can book upto 2 test drives in a month and a maximum of 3 test drives in a year. If the user wishes to take up more test drives in the respective time period, he/she shall be required to pay a nominal sum as booking fees, which shall be displayed on the Website after the user exhausts the above-mentioned number of bookings in a month or year.
The test-drives taken by the user shall be governed by the policies of the respective Brands as well as the Company’s test drive policy. The user acknowledges that any damage/harm/injury/loss to himself/herself, the vehicle, any other third-party or property shall be the sole responsibility and liability of the user and the Company shall in no way be liable to the user or any other third-party for any damage/harm/injury/loss caused.
The user, referred to as the "Buyer", is solely responsible for their decisions and actions when purchasing products from the Company's website. The Company does not provide recommendations or warranties regarding the quality, functionality, or fitness for a particular purpose of the products. The information on the website is for informational purposes only, and actual product prices may differ.
Buyers must acknowledge and accept any changes in pricing or additional costs that may occur, and the Company is not liable for such variations. The Company may introduce promotional offers or schemes, and Buyers must adhere to the terms and conditions of these schemes in addition to the main agreement.
The schemes offered by the Company cannot be combined with other schemes on the website unless explicitly stated otherwise. The Company reserves the right to suspend, cancel, or modify schemes without notice. Buyers are responsible for completing documentation required by applicable laws when purchasing products from the website.
If additional services such as warranty, installation, or after-sales support are needed, Buyers must contact the seller or dealer directly, as the Company does not provide or guarantee such services. The Company acts as a platform facilitating the engagement between Buyers and Sellers/Brands.
The Company advises against testing the website with false purchase requests, as it may lead to legal consequences. Using false information for purchases is considered a crime and may result in prosecution by the Company and/or the seller/Brand. Even if the user does not provide their real name, their web browser transmits a unique IP address that can be used for identification by law enforcement authorities.
Dealers, brokers, and other business entities are not allowed to purchase cars, and unauthorized purchases are considered a breach of the agreement.
Company may from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
Affiliates are individuals or entities that are closely associated or connected with company, typically through some form of agreement or partnership. In the context of business and marketing, affiliates often refer to companies or individuals that collaborate with a primary business to promote its products or services.
The Affiliates will be provided with unique tracking links ("Affiliate Links") to be used in their promotional activities. These links will track referrals and sales generated by the Affiliate's efforts. The Affiliate agrees to use these links exclusively for promoting the Company's Platform and shall not redirect, modify, or manipulate them in any way. Any unauthorized alteration of the Affiliate Links may result in the forfeiture of commissions and termination from the Program.
In engaging with our platform for the purchase of car, loans, and insurance, you acknowledge and agree to participate in our affiliate marketing program. Through this program, we may partner with third-party entities, including lenders and insurers, to provide you with additional services and offers relevant to your transaction. By proceeding with your association with the company, you consent to the share your information with these affiliates for marketing purposes. Rest assured, your data will be handled in accordance with our Privacy Policy, and you retain the right to opt out of receiving marketing communications at any time.
By using this website, you acknowledge that some vehicles listed for sale or exchange may be imported cars, manufactured outside the country of sale. These cars may differ in specifications and standards from domestically produced ones. Warranty coverage, service options, and compliance with local regulations may vary for imported cars. You are responsible for ensuring compliance with local regulations, covering additional costs such as customs duties and taxes, and verifying the vehicle's suitability for local conditions. The website does not guarantee the availability or compatibility of imported cars with local infrastructure. Buyers assume all risks associated with imported cars, and the website shall not be liable for any damages or losses arising from their sale, exchange, or use.
The Company may, with the assistance of third-party entities or individuals, its affiliates, or partners, may facilitate the provision of additional services such as………., (car insurance, consumer finance options, credit protection insurance coverage, third-party services), etc., as needed.
You acknowledge and unconditionally agree that these value-added services are directly and independently offered by third parties, operating in accordance with the terms agreed upon between you and the respective third party. The Company does not have control over or provide these services; they are directly rendered by the third party, which may charge fees in accordance with their company policies. The services encompass value added services, content, documents, and information either owned, licensed, or provided by a third party ("Third Party Services") or containing links to such services. You understand that the responsibility for Third Party Services lies with the third party that originated or provided them, and you recognize that utilizing these services is solely at your own risk.
The Company explicitly disclaims any and all warranties and liabilities related to Third Party Services, including implied warranties of merchantability, usage of trade, quality, accuracy, completeness, fitness for a specific purpose, course of dealings, quiet enjoyment, or non-infringement. Additionally, it is clarified that all intellectual property rights pertaining to third-party services belong to the respective third parties.
The EMI Calculator provided by the Company is completely and solely on the basis of the information provided by the user. The information disclosed by the user should be complete, up to date and accurate and should not have been altered or added to; and the user should have acted in good faith while seeking this EMI calculation from the Company. The Users are strongly advised to meticulously review and verify all data inputs for accuracy before relying on the generated report. In case, the data or information provided by the user is incorrect, the company or portal shall not be held liable for the inaccuracy of the EMI calculation. By using the portal, the user agrees to provide necessary information for FSI calculations. The portal may store and process this data to enhance services, with efforts to ensure security. Users are advised to take precautions due to inherent risks in online data transmission. Using the portal implies the user’s consent to the company to further process/store/analyse their data.
The Company may put up a list of EV Charging stations, Fuel Stations, Service Centers, etc. on its Website, but shall hold no responsibility as to its genuineness, functionality, location, etc., as the same may or may not be genuine or functional, and shall work/function in accordance with their respective service providers’ the then understandings and dealings. The user is advised to verify the same on his/her own. The Company therefore takes no responsibility for any wrong or false location of any EV Charging stations, Fuel Stations, Service Centers, etc. mentioned on the Website.
The information about the car details provided by Government Parivahan Service is not recommended or endorsed by our Platform, and it should not be interpreted as such. No claim whatsoever shall be made against the Company in the event the Government Parivahan Service uploads inaccurate information concerning vehicle details and the User retrieves the same inaccurate information from the Company. Only authorized and legitimate uses of the data and details so gathered are permitted by our service. The User is entirely responsible for any unauthorized or illegal use of this information, and the Company is not accountable for the User's unauthorized or illegal use of the information. The user also agrees that the Company shall in no way be responsible in case the Government Parivahan Service is unavailable and owing to its unavailability, the Company fails to serve the user the required services.
The Vendor hereby acknowledges and agrees that it shall bear full responsibility for ensuring timely delivery of goods/services to the Customer, adhering strictly to the agreed-upon delivery date and time as specified in the contract between the Vendor and the Company. In the event of any delay in delivery beyond the agreed-upon date and time, the Vendor shall be solely liable for any resulting consequences, damages, or penalties incurred by the Company or the Customer. The Company shall not be held responsible for any delays in delivery caused by the Vendor, its subcontractors, or any other third parties involved in the supply chain. Furthermore, the Vendor shall promptly notify the Company in writing of any circumstances or factors that may affect or potentially delay the delivery schedule. The Vendor shall take all necessary actions to mitigate and rectify any delays, providing the Company with regular updates on the progress of delivery.
In addition to any other rights of the parties set forth herein, Company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if the end client / customer continues to offer access to the services of portal Content and Service to its other members or representatives. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User subscribes to such services and offers the benefits of such subscription to its other members or representatives. The Terms of Use remain in effect until either You or the Company terminates them as outlined below. To terminate your agreement with the Company, you may (i) inform the Company to close Your Account on the Platform and (ii) refrain from accessing the Platform. The termination becomes effective 30 days after the Company receives your notice. The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to the use of the Platform/Services provided prior to such termination.
The vendor shall undertake the responsibility for synchronizing all data pertinent to the contracted services, ensuring its accuracy and current status. Upon provision of login credentials by the company, including username and password, the vendor shall promptly access designated systems or platforms for data management. It shall be the vendor's obligation to execute data synchronization tasks diligently and in a timely manner. The frequency of data synchronization shall be as agreed upon, occurring at regular intervals or as necessitated by operational requirements. Throughout this process, the vendor shall maintain stringent measures to safeguard data confidentiality and security, promptly reporting any breaches or unauthorized access to the company. All data synchronization activities shall adhere to relevant laws, regulations, and industry standards governing data protection and privacy.
We believe that this policy is fair and transparent because we provide clear information about the service and its features. Once a purchase is made, it is considered final. COP operates on a strict no-refund policy for all products and services. We encourage User to carefully consider their purchases before completing the transaction.
For products or services procured through third-party vendors, refund and cancellation policies will be subject to the terms and conditions specified by the respective vendors. User are advised to familiarize themselves with these policies prior to making a purchase. Please note that COP will not be responsible for refunds or cancellations in such cases.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, epidemic, pandemic, insurrection, riots, civil unrest, act of civil or military authority, state or national emergency, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, or any other changes in legislations which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the Company, the Platform and/or its representatives to take necessary action against you. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
You hereby confirm by clicking on "I Accept" [ ] for having read and understood the Agreement (Terms of Use, all sections - Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against you.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.
VERSION 1.0
AvianSoft to add any additional services.
Aviansoft to kindly confirm.
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