Terms And Conditions

15) Intellectual Property Right:

All text, graphics, audio, design and other works on the Website are the copyrighted works of Girnar or its licensors. Content on the Website is for personal use only, unless permitted otherwise. 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 CarDekho and/or its affiliates or associates or of its third-party information providers.

Website may contain also contain certain trade-marks, logos or service marks (“Marks”). These Marks are the proprietary to the Girnar or its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the Girnar or its vendor or third party that own and control the Marks.

YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF WEBSITE OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT WEBSITE, NO RIGHT (EMPRESS OR IMPLIED) IS GRANTED TO YOU IN RESPECT OF SUCH CONTENT. GIRNAR RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.

You further acknowledge and agree that You shall not shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Website, in any way without obtaining the prior permission from Girnar or its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.

It is clarified that any use of the Website, Content, Marks or other intellectual property rights of Girnar, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of Girnar or their respective third party, upon which Girnar or third party may initiate the appropriate legal proceedings against the User.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Girnar owns all intellectual property rights to and into the trademark "CarDekho", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO GIRNAR.

16) Disclaimer of 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, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WHEN YOU ACCESS THE WEBSITE OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUG 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, GIRNAR AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:

• A.

  THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

• B.

  THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

• C.

  THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR

• D.

  ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIRNAR OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

• E.

  WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. GIRNAR AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, GIRNAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO WEBSITE, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS. GIRNAR ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

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.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GIRMAR BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GIRNAR 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 GIRNAR 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.

17) Indemnification and Limitation of Liability:

Indemnity: You agree to indemnify, defend and hold harmless Girnar, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

Girnar may notify You of any claims which You shall be liable to indemnify Girnar against. You will then be required to consult with Girnar regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Girnar without the express prior written consent of Girnar which can be withheld or denied or conditioned by Girnar in its sole discretion.

Limitation of Liability: Girnar 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.

Notwithstanding anything to contrary in the Agreement(s), in no event shall Girnar, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Girnar has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services, Content, User Content or Third Party Content.

Girnar entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Girnar under the relevant order to which the cause of action for the liability relates.

18) 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 Girnar is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

• a. All commercial/contractual terms are offered by and agree to between the Buyer and Seller alone.
• b. Girnar is not responsible for any non- non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Girnar cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website.
• c. You further agree and acknowledge that Girnar is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products/Services on the Website. Girnar is not the seller of the products. Accordingly, any contract for the sale / purchase of products/Services on the Website is a bipartite contract between Buyer and Seller.
• d. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

You release and indemnify Girnar and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Girnar cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

In addition to this, and being an Intermediary, You acknowledge and agree that when You interact with Girnar through Website or send any data/email/message or communicate otherwise, You are communicating with Girnar through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.

19) Report Abuse & Your Feedback:

Girnar advises its Users, not to post or upload anything which is abuse of the Website or violate any terms of this Agreement. Girnar also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. If You come across any such instance of abuse of violation or any content which is objectionable content or further if You believe that any material/information/post/feedback is infringement of any intellectual property right of You or any other person, You shall inform the same to Girnar and Girnar is committed to take appropriate action including validation of Your information and remove/modify the content (if necessary), which is in breach of the Terms of Use or any other applicable law.

Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the Girnar. Girnar advises its Users not to use/send any such email. Any such reported instance will be investigated and Girnar will take appropriate measures (including legal steps, if required) to stop such practices.

Your Feedback: When You share any feedback or post any comment (including User Content) on Website, it is deemed Non-Confidential. Girnar is at liberty to use any such feedback or User Content and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Girnar is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Girnar may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Girnar for the feedback under any circumstances.

20) Arbitration:

You and Girnar each agree that any and all disputes or claims that have arisen, or may arise, between You and Girnar relating in any way to, or arising out of this or previous versions of the Agreement, or any other documents incorporated herein by way of reference or your use of or access to Girnar's Services, or any products or Services sold, offered, or purchased through Girnar's Services shall be referred to the sole arbitrator who shall be an independent and neutral third party and shall be appointed by Girnar.

The place of arbitration shall be Jaipur, Rajasthan, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 (as amended from time to time).

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to Girnar must be sent to the address identified under clause 21 (Miscellaneous).

21) Miscellaneous:

Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email

On behalf of Girnar to:

Girnar Software Private Limited

Attn: Legal Function

Address: 11th Floor, Tower B, Emaar Digital Greens, Golf Course Extension Road, Sector 61, Gurugram 122102, Haryana, India

Email: legal@girnarsoft.com

On behalf of User to

All notices with respect to these Terms of Use from Girnar will be served to You:

By email (as provided by You at the time of Registration or communicating with Girnar) or by general notification on the Website.

Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Girnar’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Girnar to any third parties without the requirement of seeking Your prior consent. Girnar shall have right to transfer Your Account and Account Information to a third party who purchases Girnar’s business as conducted under the Website.

Severability: If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Independent Contractor: You and Girnar are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Girnar.

Contacting You: By accessing Our Website and/or availing any service or product at or through Our Website, You give Your consent to Us and both our associate partners (including Dealers, financial institutions etc.) to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in

Grievance Officer:Users can file their complaints regarding violation of the Information Technology Act, 2000 and rules prescribed thereunder, or any other matter pertaining to Website, with Grievance Officer of Girnar on the contact information specified herein below:

• Name:
  Mr. Anshu Kumar Chakravoarty
• Contact Number:
  0141-6666663
• E-mail:
  compliance@girnarsoft.com
• Working Days:
  Monday to Friday
• Working Hours:
  10:30 am to 6:30 pm

22) 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 Girnar shall be subject to the exclusive jurisdiction of courts at Jaipur, Rajasthan, India.

23) CarDekho Chrome Plugins -Terms of use:

23.1 CarDekho Chrome Plugin is used to create a delightful experience and help you to make a smart decision. In additional to the above terms and conditions, You agree to follow below mentioned terms and conditions including any third party software terms associated with this plugin:

• (i)

  CarDekho Chrome Plugin is an add-on program for CarDekho.

• (ii)

  The plugin is a free tool (“freeware”) and built only for personal usage by an individual.

• (iii)

  The plugin is developed to enhance your experience and functionality of browser You can add CarDekho Extensions to your browser (Chrome, Firefox etc.) for a more personalised experience like better price comparison, trending products, price drop alerts, exclusive coupons, etc.

• (iv)

  You may uninstall it using the standard procedures as per your Google Chrome browser guidelines.

23.2 Privacy Terms relating to CarDekho Chrome Plugin

• (i)

  You agree that CarDekho Plugin for Chrome will use your browser to fetch data including listing page, prices from various third-party sites.

• (ii)

  CarDekho can receive and store any information You enter on Our Website or give Us in any other way. You can choose not to provide certain information, but then You might not be able to take advantage of many of Our features. We use the information that You provide for such purposes as responding to Your requests, customizing and improving Our services, and communicating with You.

• (iii)

  You agree that whenever You intentionally/unintentionally interact with CarDekho Plugin such as click on any CarDekho Plugin button or interact with any prompt generated inside Your browser with CarDekho Plugin installed, You provide unconditional permission to CarDekho Plugin to take necessary steps which may include opening a new webpage or taking You to the same web page through a differently directed internet route.

• (iv)

  When You install the CarDekho Chrome Plugin in Your web browser, and at times during Your use of the CarDekho Website and/or any other website, We transmit CarDekho cookies to the hard drive of Your computer. In addition, for every Web page You view while using the Plugin Service, the CarDekho can transmit and store Your IP address, which may include a domain name, the full URL of the Web page You are visiting, general information about Your browser; general information about Your computer's operating system; Your CarDekho cookie number or other identifying alphanumerical information enabling CarDekho to identify Your computer; and the date and time the above information is logged. All of this above information is logged together for each Web page You may visit. This information is logged in our database in the chronological order received from Our many users. The Plugin Service can also automatically collect information about the online advertisements that are displayed on the websites You visit - specifically, the text, source, and URL of the online ad/ads - and the terms You choose when You use search engines to search the Web. You may disable or uninstall the Plugin to stop sending CarDekho any web page, advertisement, or search term information in the extensions setting menu in your browser. CarDekho can also periodically collect usage statistics from Plugin Service users that describe the frequency of use of each Plugin Service feature. You disable or uninstall the Plugin to stop sending CarDekho any usage statistics information in the extensions setting menu in Your browser. Finally, to ensure accurate information about the number of Plugin Service users, the Plugin Service can periodically send a signal to CarDekho containing basic information such as the IP address of Your computer.

• (v)

  When You add CarDekho to Google Chrome as Chrome Extension, You explicitly permit Us as well as third parties, to the extent apply, to display notifications, read and change Your browsing history, read and change Your bookmarks, manage Your apps, extensions and themes, detect Your physical locations, and read all Your data on the Website.

• (vi)

  For detailed Privacy Policy, please refer to the “Privacy Policy” section of the Website.

23.3 Intellectual Property provisions

• (i)

  You acknowledge that CarDekho owns all intellectual right (including source code, title, product conceptualization, and market analysis) worldwide.

• (ii)

  You agree that You will not modify, adapt, reverse engineer, make attempt to derive source code from CarDekho Plugin.

• (iii)

  You will not decompile or disassemble and agree not to remove or alter any copyright notices, trademark or any other proprietary rights notices connected with the plugin.

23.4 Warranty Disclaimer

• (i)

  CarDekho does not claim any responsibility for causing harm to any party whatsoever upon using CarDekho Plugin.

• (ii)

  This plugin is to be used “as is” with no warranty. Please check the Plugin legality under Your jurisdiction. CarDekho is expressly disclaiming implied, statutory warranties, including without warranty limitation, fitness (particular purpose, and non-fringe holds of proprietary rights from any 3rd party sites. Warranty disclaims include security, reliability, plugin performance and on timeliness.

• (iii)

  You understand that usage of Plugin is as per Your own discretion. You will be fully responsible for any damages or loss including data loss that may result from Plugin usage.

23.5 Miscellaneous Provisions

• CarDekho may make changes in Plugin functionality from time to time to enhance customer experience and users are requested to check this page periodically.

24)TrustMark Terms & Conditions

These terms and conditions of the Trustmark Programme (hereinafter referred to as "Terms and Conditions") is an electronic record in the form of electronic contract in terms of Information Technology Act, 2000 (as amended from time to time) and rules framed thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signature or seal. These Terms & Conditions describes the terms and conditions which are applicable and binding upon the Customers who wish to avail the services in respect of purchase of Trustmark Cars under Trustmark Programme ("Programme"), as offered by the Company.

"Company" means Girnarsoft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 'GIRNAR' 21, Govind Marg, Moti Doongari Road, Dharam Singh Circle, Jaipur-302004, Rajasthan (hereinafter referred to as "Company", which term may include, as the context may require, its affiliates, successors and assigns). Customer acknowledges that Company and its affiliates own and operate several online auto classified services portals including without limitation www.gaadi.com, www.cardekho.com and mobile applications thereof (collectively referred to as "Portals").

"Customer" means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Indian Contract Act, 1872 and which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, affiliates, legal representatives, administrators and permitted assigns (in case of company) or his/her legal heirs, representatives executors, administrators, successors and permitted assigns (in case of individual) or the partners or partners for the time being of the firm and the survivor or survivors of them and legal heirs, representatives executors or administrators of such partners or survivors (in case of partnership).

"Dealer" means any person or entity engaged in sale and purchase of used/pre-owned motor vehicles and rendering certain allied services to various customers and is registered with and authorized by the Company, subject to applicable terms and conditions.

"Trustmark Certified Cars" means such used/pre-owned motor vehicles, which are certified by the Company and bears a valid Trustmark certified tag and listed for sale on GAPL's Portals under Trustmark Classified Section.

24.1. Key Features of the Programme:

• (a)

  Once the Customer has selected a respective Trustmark Certified Car and intends to purchase the same, the Customer shall communicate the same to the Company and proceed with making payment of token amount to dealer.

• (b)

  Customer shall provide all requisite details and information as may be required by the Company in this regard including without limitation, offer price.

• (c)

  Company will communicate and coordinate between the respective Dealer and Customer for the facilitation of sale-purchase transaction of respective Trustmark Certified Car including but not limited to finalization of final price of respective Trustmark Certified Car.

• (d)

  Post agreement of all terms between the respective Dealer and Customer (through the Company) for conducting the sale-purchase transaction of respective Trustmark Certified Car, Company under intimation to the respective Dealer will inform the Customer to pay the token amount (as applicable) within a stipulated timeframe directly into respective Dealer's bank account, details of which will be shared by the Company with Customer, basis details received by Company from the respective Dealer.

• (e)

  Customer shall adhere to following slab of token amount for purchase of Trustmark Certified Cars:

  Purchase Price of Trustmark Certified Car	Token Amount (in INR)
  Equal to Less Than INR 1,00,000/-	5,000/-
  More Than INR 1,00,000/- but Equal to Less Than INR 5,00,000/-	10,000/-
  More Than INR 5,00,000/-	20,000/-

  (f)

  Within a period of five days from the payment of token amount by the Customer to the respective Dealer, Customer shall make payment of balance amount of purchase price of Trustmark Certified Car directly into respective Dealer's bank account, failing which Customer agrees and understands that respective Dealer shall have the right to cancel the sale-purchase transaction and forfeit the token amount paid by the Customer, however, Company's decision shall be final and binding on the Customer and respective Dealer in this regard.

  (g)

  Customer agrees and understands that all payments (including token amount) to be made by the Customer to respective Dealer should be by way of using online modes of payment i.e. using a valid Credit Card/Debit Card/Mobile Banking (IMPS)/Net banking Account only. No cash payments or other mode of payments should be resorted to by the Customer. Customer shall be responsible or liable for any wrong/incorrect/faulty payment and in the event, the Customer suffers any kind of loss or damage arising out of the payment transaction made by the Customer to respective Dealer, Company shall not be responsible or liable in any manner whatsoever for the same.

  (h)

  Customer understands and agrees that Customer the token amount paid by Customer to the respective Dealer shall be non-refundable except in the following cases, wherein Company's decision shall be final and binding on the Customer and respective Dealer in this regard:

  • (i)

    In the event respective Dealer decides not to sell Trustmark Certified Car to the Customer, then the Customer will be eligible for refund of token amount paid by the Customer to respective Dealer for respective Trustmark Certified Car with fourteen (14) days by the respective Dealer.

  • (ii)

    In the event loan application of the Customer for a loan applied through the respective Dealer gets rejected or is taking more than five days, wherein Dealer wishes to sell the Trustmark Certified Car to someone else, then the Customer will be eligible for refund of token amount paid by the Customer to respective Dealer for respective Trustmark Certified Car with fourteen (14) days by the respective Dealer.

  • (i)

    Trustmark Certified Car shall be subject to evaluation and inspection by the Company at the time of conclusion of sale and hand-over of possession of Trustmark Certified Car to the Customer and in the event Company (in its sole judgment and discretion) finds any material change in the physical condition of the Trustmark Certified Car or any information provided by the respective Dealer apropos the Trustmark inspection report, Company shall endeavor to get the same rectified/resolved from the respective Dealer within a stipulated timeframe. In the event, respective Dealer fails to rectify/resolve the issue within stipulated timeframe to the satisfaction of Company or if Company is of the opinion that the rectification/resolution of said issue is not possible or respective Dealer , or in the event, respective Dealer fails to provide the delivery of the Trustmark Certified Car within stipulated timeframe (except Force Majeure reasons as explained below) or due to any reason whatsoever, not able to honor the agreed final price against which the token amount was paid by the Customer to the respective Dealer, then Customer will be eligible for full refund of amounts paid by the Customer to respective Dealer with fourteen (14) days by the respective Dealer, however, Company's decision shall be final and binding on the Customer and respective Dealer in this regard. Customer understands and agrees that in such event, Customer's sole and exclusive remedy shall be refund of amounts paid by Customer to the respective Dealer for respective Trustmark Certified Car and Company shall not be responsible or liable in any manner in this regard.

  • (j)

    Customer acknowledges that Company and respective Dealer shall not be responsible and liable in any manner for any damages, losses, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Company and respective Dealer.

  • (k)

    Delivery of the Trustmark Certified Car is subject to "force majeure" conditions. The term "force majeure" means any circumstances which are unusual, unforeseeable and are beyond the control of Company and/or respective Dealer, the consequence of which could not have been avoided even if all due care had been exercised, including but not limited to acts of god, war or threat of war, epidemic, pandemic, riot, civil strike, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, or otherwise preventing or hindering the delivery of Trustmark Certified Car and all similar events beyond the control of Company and/or respective Dealer.

  • (l)

    Delivery of the car shall be subject to realization of full payment in the bank account of the Dealer and provision of all requisite documents by the Customer alongwith production of originals for verification by the Company/Dealer at the time of taking delivery of Trustmark Certified Car.

  • (m)

    Transfer of registration certificate (RC transfer) charges shall be extra for all India and not included in the price, shall be borne by the Customer.

  • (n)

    Trustmark Certified Car purchased by the Customer from respective Dealer under this Programme will be for Engine & Transmission Limited Warranty, subject to applicable terms and conditions in this regard and the same will be issued within three (3) days of the delivery of the car to the Customer. Trustmark Certified Car purchased by the Customer from respective Dealer under this Programme will be eligible for a 7 Day Shield, subject to applicable terms and conditions in this regard.

  24.2. Other Important Terms:

  • (a)

    Customer undertakes that all the information and documents provided are true, complete, correct & genuine and the Customer shall keep Company and respective Dealer indemnified in this regard including but not limited to any mis-representation or false information, falsification of documents and/or forged documents.

  • (b)

    Company reserves the right (at its sole and absolute discretion) to deny, suspend or revoke any or all the rights or entitlement to the Customer to avail the services and benefits under the Programme.

  • (c)

    Company reserves the right (at its sole and absolute discretion), at any time, without prior notice and without assigning any reason thereof, to add/alter/modify/change/cancel or vary these Terms & Conditions.

  • (d)

    Customer understands and agrees that Company is playing the role of a facilitator and coordinator in the sale-purchase transaction of Trustmark Certified Cars between Customer and respective Dealer under this Programme. The sale-purchase transaction, token amount and all other commercial terms such as balance payment, delivery of car etc., shall be as per the bipartite contractual obligations agreed between the Customer and respective Dealer only.

  • (e)

    Customer shall defend, indemnify and keep Company and its affiliates, associates, principles and their directors, employees fully indemnified and harmless from and against all actions, proceedings (judicial, quasi-judicial or otherwise), losses, claims, damages, costs, fine and taxes including reasonable attorney's fees, duties, additions, penalties, interest, charges, liabilities and expenses of any kind against any loss or damage arising out of negligent, fraudulent or malfeasant acts or omissions or wilful misconduct, misrepresentation or false information, falsification of documents and/or forged documents or breach of any obligations or non-compliance of any of these Terms and Conditions or breach of any applicable laws by the Customer.

  • (f)

    Customer agrees and acknowledges that Company shall not be responsible for the completion of transfer of Registration Certificate, Insurance and any other documents related to the Trustmark Certified Car required under applicable law for the transfer of ownership of the Trustmark Certified Car to Customer. Further, Company shall not be responsible for any litigation, dispute or objection arising from or incidental to the transfer of Registration Certificate, insurance and any other documents related to the vehicles required under applicable law including the Motor Vehicle Act, 1988 for the transfer of ownership of the Trustmark Certified Car.

  • (g)

    Customer understands and acknowledges that the Customer shall be solely responsible and liable for any applicable tax related issues pertaining to and/or arising out of the sale-purchase transaction of Trustmark Certified Car with the respective Dealer and shall keep Company indemnified in this regard at all times.

  • (h)

    Customer hereby acknowledges and confirms that upon receipt of delivery of Trustmark Certified Car from respective Dealer, the Customer shall assume any and all liability and responsibility for the possession and use of the Trustmark Certified Car including without limitation any loss or claim, any third party property damage or third party injury or death or injury or death of driver or occupant of the Trustmark Certified Car.

  • (i)

    Customer shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the Company may reasonably request in order to carry out the intent and accomplish the purposes of this Programme and consummation of sale-purchase transaction of respective Trustmark Certified Car between the Dealer and Customer.

  • (j)

    All disputes relating to or arising out of these Terms and Conditions shall be subject to laws of India and the courts of Jaipur, Rajasthan India shall have exclusive jurisdiction. It is clarified that in the event of any dispute, Customer's sole and exclusive remedy shall be against the respective Dealer for refund of any amounts paid by the Customer to respective Dealer for concerning Trustmark Certified Car and Company shall not be responsible or liable in any manner to the Customer in this regard.

  • (k)

    If any terms of this Terms and Conditions conflict with any other terms and conditions/document/electronic record, this Terms and Conditions shall prevail and supersede, to the extent of such conflict or inconsistency.

  25) Trustmark Programme (7 Day Shield) Terms & Conditions

  These terms and conditions of the Trustmark Programme (hereinafter referred to as "Terms and Conditions") is an electronic record in the form of electronic contract in terms of Information Technology Act, 2000 (as amended from time to time) and rules framed thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signature or seal.

  "Company" means Girnarsoft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 'GIRNAR' 21, Govind Marg, Moti Doongari Road, Dharam Singh Circle, Jaipur-302004, Rajasthan (hereinafter referred to as "Company", which term may include, as the context may require, its affiliates, successors and assigns). Customer acknowledges that Company and its affiliates own and operate several online auto classified services portals including without limitation www.gaadi.com, www.cardekho.com and mobile applications thereof (collectively referred to as "Portals").

  "Customer" means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Indian Contract Act, 1872 and which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, affiliates, legal representatives, administrators and permitted assigns (in case of company) or his/her legal heirs, representatives executors, administrators, successors and permitted assigns (in case of individual) or the partners or partners for the time being of the firm and the survivor or survivors of them and legal heirs, representatives executors or administrators of such partners or survivors (in case of partnership).

  "Dealer" means any person or entity engaged in sale and purchase of used/pre-owned motor vehicles and rendering certain allied services to various customers and is registered with and authorized by the Company, subject to applicable terms and conditions.

  "Trustmark Certified Cars" means such used/pre-owned motor vehicles, which are certified by the Company and bears a valid Trustmark certified tag and listed for sale on GAPL's Portals under Trustmark Classified Section.

  These Terms and Conditions apply to the Trustmark Certified Cars purchased by the Customers from Dealers under the Trustmark Programme as offered by the Company, accompanied by a Company's , 7 Days Shield Certificate ("7 Days Shield"). Under the 7 Day Shield, each Trustmark Certified Car shall be protected with 100% repair for any issues encountered in the vehicle sold by under the Trustmark Programme within a period of 7 days of delivery of possession at no extra cost to the Customer, subject to the following Terms and Conditions:

  25.1. PERIOD OF COVERAGE : The Trustmark Certified Car 7 Days Shield, is valid for a period of seven (7) days from the date of delivery of physical possession of the Trustmark Certified Car to the Customer.

  25.2. WHAT THE 7 DAYS SHIELD COVERS: 100% Repair-In the event Customer encounters any issue pertaining to the physical condition of the Trustmark Certified Car within seven (7) days of delivery of the physical possession of the Trustmark Certified Car to the Customer, the Customer shall report the same in writing to the Company within such timeframe of seven days. On receipt of such intimation, if the Company is of the opinion that such reported issue is genuine and if the issue was not found to be mentioned/reported at the time of purchase with reference to the last inspection report, then Company will get such part of the vehicle repaired in respect of which Customer has reported the issue, at the garage of Company's choice with no extra cost to the Customer.

  25.3. 7 DAYS SHIELD VALIDITY REQUIREMENTS:

  • (a)

    This unique offering is applicable only on Trustmark Certified Cars with a valid Trustmark certified tag.

  • (b)

    The Customer has to sign the "7 Day Shield" cover terms and conditions document at the time of delivery of the Trustmark Certified Car and on receipt of delivery challan.

  • (c)

    Customer will have to raise a request for any issues encountered with the Trustmark Certified Car in writing with details of the issue and proof of the same from their registered email address given to Company at the time of purchase of Trustmark Certified Car. Customer will have to email their request to the email id provided in the Handover documents.

  • (d)

    The vehicle re-inspection will done by Company representatives and the report will be shown to the Customer for mutual agreement and transparency.

  • (e)

    The Customer will have to bring the Trustmark Certified Car to the Company store or the place of sale as informed by the Company representative.

  • (f)

    The delivery of the Trustmark Certified Car shall take place only in presence of Company designated representative/personnel as communicated to the Customer prior to the handover of the Trustmark Certified Car.

  • (g)

    The vehicle during the 7 Days shield period should not undergo any replacement of vehicle parts/ refurbishment without explicit written permission of Company.

  • (h)

    Trustmark Certified Car should not have run more than 300Kms as determined from the difference of odometer reading at the time of handover as captured in the final inspection report and the odometer reading at time of checking the car by Company representative.

  • (i)

    "7 Day Shield" excludes all dents/scratches or any other physical damage.

  • (j)

    It covers electrical and mechanical issues as per detailed T&Cs of the "7Day Shield"

  • (k)

    The vehicle should not be used to commit a crime or involved in any unlawful or illegal activities.

  • (l)

    The vehicle should not be involved in or liable to be involved in a legal case during the 7 day shield period.

  • (m)

    The vehicle should not be involved in any accident caused by external impact or any damage that results from hard driving due to race, rally, misuse, abuse, hire, fire, flooding or any other natural calamity.

  • (n)

    The shield will not be applicable in case of loss or damage caused by negligence, fraudulent or malfeasant acts or omissions or wilful misconduct, corrosion, use of poor quality / adulterated fuel, coolant or lubricating oil, intrusion of foreign or deleterious matter, freezing, abuse by the continued use of car after a fault has become evident or any intentional damage caused to the car. Driving even after noticing a fault or defect resulting in consequential damage and loss.

  • (o)

    The shield shall not be applicable in-case of the odometer is not maintained in working order or disconnected or tampered, post-delivery of the vehicle or any part of the vehicle has been tampered or altered with intentionally.

  • (p)

    The Customer is required to furnish all the documents provided at time of sale, including payment proofs, delivery challan, all service records and insurance and registration documents along with the copy of 7 Days Shield certificate to Company.

  • (q)

    Shield shall not be applicable if all the original documents/information as required by the Company are not furnished to the Company or any of the document or information are found to be forged or fake.

  25.4. HOW TO AVAIL:

  • (a)

    Call the helpline number at +91 7947151515 Or Email: warrantysupport@cardekho.com

  • (b)

    Customer can also contact Company representatives and/or authorised Dealers to avail this claim.

  25.5. OTHER TERMS:

  • (a)

    All disputes relating to or arising out of these Terms and Conditions shall be subject to laws of India and the courts of Jaipur, Rajasthan India shall have exclusive jurisdiction.

  • (b)

    In no event the aggregate liability of the Company shall exceed the repair cost of the part of the vehicle in respect of which Customer has reported the issue. Except as indicated above, in no event will Company be liable for indirect damages caused due to lost profits or savings, business interruption, loss of data, lost revenue, loss of use, or any other commercial or economic loss of any kind, or special, incidental, or consequential damages.

  • (c)

    Company reserves the right (at its sole and absolute discretion), at any time, without prior notice and without assigning any reason thereof, to add/alter/modify/change/cancel/withdraw/vary these Terms & Conditions.

  • (d)

    The decision of Company with regard to applicability of 7 Days Shield in relation to a particular vehicle and/or Customer shall be final, binding and non-challengeable.

  • (e)

    If any terms of this Terms and Conditions conflict with any other terms and conditions/document/electronic record, this Terms and Conditions shall prevail and supersede, to the extent of such conflict or inconsistency.

  26) CARDEKHO TRUSTMARK ENGINE & TRANSMISSION LIMITED WARRANTY Terms & Conditions

  These Terms and Conditions apply to the TrustMark Engine & Transmission Limited Warranty ("Warranty") issued by Girnarsoft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956 in force in India, having its registered office at #21 Girnar, Dharam Singh Circle, Govind Marg, Moti Doongri Road, Jaipur - 302004, Rajasthan ("CarDekho" or "We" or "Us") in respect of a CarDekho TrustMark Certified Car ("Vehicle") purchased by you from an authorised dealer of CarDekho ("Dealer") in India accompanied by a CarDekho Certified Warranty Certificate ("Warranty Certificate"). For the avoidance of doubt, many of the phrases and terms used below have been defined in the Glossary.

  CarDekho.com, warrants that each Vehicle which has been granted warranty certification on the basis of the CarDekho TrustMark Certification, will be free, under normal use and service, from defects in relation to certain parts of the Vehicle, as covered below at the time subject to the following Terms and Conditions:

  26.1. PERIOD OF WARRANTY COVERAGE : The CarDekho TrustMark Engine & Transmission Limited Warranty, is valid for a period of 180 days or 7,500 kms, whichever is earlier.

  26.2. WHAT THE WARRANTY COVERS: Under the CarDekho TrustMark Engine & Transmission Limited Warranty, ONLY the following components and / or parts are covered:

  • (a)

    Engine: Oil Pump, Drive Crankshaft, Big End and Main Bearings, Connecting Rod, Gudgeon Pin, Piston, Valves (excluding burnt and pitted valves), Cylinder Head, Cylinder Head Gasket, Engine Block, Water Pump (failure due to external damage or corrosion is not covered), Inlet and Exhaust Manifolds, Radiator (No corrosion & external Damage), Flywheel and Ring Gear, Gear & Chains, Camshaft, Cam Follower, Valve Gear, Distributor Drive, Bore / Liner, Intercooler Units (if factory fitted), Tensioners, Water Temperature Sensor, Crank Angle Sensor, Cam Angle Sensor, Turbocharger, Auxiliary Water Pump, Thermostat Valve.

  • (b)

    Manual Gear Box: Internal Gear, Shafts, Synchromesh Rings and Hub, Selector Forks, Bushes, Drive Chains, Gear Lever and Bushes, Clutch Slave Cylinder.

  • (c)

    Automatic Gear Box: Shafts, Gears, Brake Bands, Valve Block, Governor, Oil Pump, Bearings and Bushes, Servo, Drive Plate and Transfer Gears.

  26.3. WHAT THE WARRANTY DOES NOT COVER ? The warranty terms do not cover accidents or defects due to the following:

  • 1.

    Failure to maintain the Vehicle as per the Service requirements mentioned in Section VI below.

  • 2.

    Any damage that results from hard driving due to race, rally, misuse, abuse, hire, fire, flooding.

  • 3.

    Any part that is not mentioned in the Parts covered list.

  • 4.

    Any non-manufacturer approved accessories which are not authorised by respective manufacturer and are not supplied with Vehicle as OE fitment and manufacturer rubber and plastic accessories.

  • 5.

    Inconsequential aspects such as noises, vibrations, oil seepage and sensations that could not lead to dismal vehicle function or performance.

  • 6.

    Any loss arising out of accident caused by external impact.

  • 7.

    Aesthetic parts including sheet metal & plastic parts requiring replacement / repair due to wear & tear, depreciation, moth, vermin, process of cleaning, restoring or renovating of scratches, effect of light, sun or any atmospheric condition, bird droppings.

  • 8.

    Mechanical & electrical breakdown caused by overloading, strain, overrunning, freezing, excessive pressure, short-circuiting heating.

  • 9.

    Periodic Maintenance Service jobs, including cleaning, polishing, minor adjustment, engine tuning, carbon cleaning, AC Servicing, wheel alignment, tire rotation, calibration / reconditioning / overhauling of diesel equipment including injector / nozzles and fuel pump, etc.

  • 10.

    All consumables, including, engine oils, gear oil, brake oil, power steering oil, coolant, AC gas, oil, grease, battery electrolyte, radiator coolant.

  • 11.

    Rusting / Corrosion to metal parts.

  • 12.

    Damage to engine parts & fuel injection as a result of use of poor quality / adulterated fuel, coolant or lubricating oil to fuel system including fuel pump, injector nozzle, water pump as well as other parts.

  • 13.

    Damage to engine due to hydrostatic lock or starvation.

  • 14.

    Failure to maintain the odometer in working order or disconnecting or tampering it post-delivery of the Vehicle.

  • 15.

    Driving even after noticing a fault or defect resulting in consequential damage and loss.

  • 16.

    Interior and exterior linings, covers, absorbers and upholstery.

  • 17.

    Air, oil and water leakage, wind noise, screeching and rattling noises and leakages.

  • 18.

    Immobile gaskets, such as flat and paper gaskets, which are not involved in mechanical movements (Except e.g. leak on water bearing technical units as bonnet, water hoses, cylinder head gasket, radiator as well as air conditioning)

  • 19.

    All frame and body parts, convertible and fold cover (except mechanical and electronic parts), glass, headlight casings, lighting inside and outside.

  • 20.

    Clutch disk, Brake disk & pads, brake linings and drums, disks and blocks, tyres, wheel balancing, feathers / springs, pneumatic springs and pneumatic spring absorbers.

  • 21.

    Body and Paint work including any losses due to accidental damages.

  • 22.

    Outside CNG / LPG fitment not endorsed in Vehicle's Registration Certificate.

  • 23.

    Theft of vehicle will make the warranty null and void.

  • 24.

    RC Transfer receipt or challan or Transferred RC is mandatory for warranty claim.

  27) New Car Booking Terms and Conditions

  • i.

    CarDekho's engagement is limited to finding best deals for the User and not to facilitate sale through its platform, Our endeavor will be to identify the car dealer who can provide the best deals to you.

  • ii.

    The interaction on CarDekho's platform is limited between CarDekho and the User. The seller is not onboarded on the platform and does not enlist the cars including any price indication thereto.

  • iii.

    In cases if the User agrees to buy the car as per CarDekho's deal search, the supply transaction including payment of consideration happens directly between the dealer and the customer i.e. in offline mode. CarDekho platform does not collect any consideration on behalf of the dealer.

  • iv.

    The amount paid by you is fully refundable upon payment of booking amount by you to the identified car dealer.

  • v.

    In case you wish to cancel the booking before, please request for refund of the booking amount .

  • vi.

    Our representatives will connect with you for further documentation requirement for further facilitating the booking with the Car Dealer and shall further update you about the progress of your booking.

  • vii.

    Receiving the Refundable registration fee is only a confirmation of service acceptance by CarDekho and this does not bind any of the parties that final deal between you and dealer will be concluded. The deal shall be considered completed only when documents are signed by you with the dealer.

  28) CARDEKHO CONNECTED CARS TERMS AND CONDITIONS

  These Terms below define the full agreement between You and Cardekho Connected Cars (“CarDekho”). You hereby agree terms as contained herein. You represent that you are above 18 years of age and reside in India. You further represent that you have the capacity and authority to agree to these Terms and you are only entering into these Terms on your own behalf.

  28.1 Introduction:

  CarDekho’s Connected Cars service is a cutting-edge solution that brings the latest in automotive technology to your fingertips. With advanced features like real-time vehicle tracking, Our service ensures that you stay connected with your car and always have the information you need to keep it running smoothly. These terms and conditions govern the use of CarDekho Connected Cars (the “Service”) provided by CarDekho (“CarDekho,” “we,” or “us”). By using the Service, you agree to be bound by these terms and conditions.

  28.2 Amendment:

  Cardekho reserves the right to update or amend the terms and conditions of Connected Cars service from time to time to reflect changes in our services or legal requirements. We will make reasonable efforts to notify you of any material changes to the terms and conditions.,

  If you continue to use the Connected Cars service after the effective date of any changes to the terms and conditions, you will be deemed to have accepted the updated terms and conditions. If you do not agree with the updated terms and conditions, you may cancel your subscription to the Connected Cars service.

  We encourage you to review the terms and conditions periodically for any updates. If you have any questions or concerns about the terms and conditions of our Connected Cars Service or any changes made to them, please contact us at https://www.cardekho.com/info/contact_us.

  28.3 Disclaimer

  CarDekho provides the Connected Cars Service "as-is" and "as-available" and makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the service or the information, products, services, or related graphics contained in the service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

  In no event will CarDekho be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of the Connected Cars Service.

  Through the Connected Cars Service, you may be able to access links to other websites and services that are not under the control of CarDekho. We have no control over the nature, content, and availability of those sites or services. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

  Every effort is made to keep the Connected Cars Service up and running smoothly. However, CarDekho takes no responsibility for, and will not be liable for, the service being temporarily unavailable due to technical issues beyond our control.

  If you have any questions or concerns about our disclaimer clause or the Connected Cars Service, please contact us at https://www.cardekho.com/info/contact_us.

  28.4 Live Tracking:

  • 1)

    CarDekho provides live tracking services for the Customer's vehicle using the device installed in the car.

  • 2)

    Live tracking may not be available under certain circumstances, such as when the server is down temporarily, or when network issues are faced.

  • 3)

    The accuracy of the live tracking feature is dependent on various factors such as network coverage, GPS signal strength, and device connectivity. Therefore, CarDekho does not guarantee the accuracy of the location data displayed on the app.

  • 4)

    The Customer acknowledges and agrees that the real-time tracking of the moving device may witness a lag of upto 30 seconds depending on various factors including the device’s ping frequency & network strength. Further, the lag may vary in condition where the vehicle is not moving where said lag may be for more than 30 seconds.

  • 5)

    CarDekho is not responsible for any delay in the tracking of the vehicle due to technical issues or unforeseen circumstances.

  • 6)

    The Customer acknowledges that the live tracking feature can be disabled only after unplugging the device from the car.

  • 7) The Customer is solely responsible for ensuring that live tracking is used in compliance with applicable laws and regulations.

  • 8)

    CarDekho reserves the right to modify or discontinue the live tracking feature at any time, without prior notice to the customer.

  28.5 Support Team Availability:

  The CarDekho Call center support team will be available only on working days during business hours (9 to 6PM, Mon-Sat) for all customers. Our support team is available to assist you with any questions or issues that you may have related to the service. You can contact our support team through the support email provided on our website, mobile application. Our support team strives to provide prompt and effective assistance to ensure a smooth and hassle-free experience with CarDekho. In the unlikely event that our support team is unavailable, we will ensure that your query or issue is addressed as soon as possible upon their return.

  The support team can be reachable on our email connectedcars@cardekho.com

  28.6 Refund And Cancellation Policy:

  At CarDekho, we offer a subscription-based Connected Cars Service to provide you with a range of features and benefits. We understand that you may have concerns about refunds if you cancel your subscription, and we want to make our policy clear.

  Our policy states that all subscriptions for the CarDekho Connected Cars Service are non-refundable. This means that once you have subscribed and paid for the service, you will not be entitled to a refund if you decide to cancel your subscription.

  We believe that this policy is fair and transparent because we provide clear information about the service and its features before you subscribe, and you are able to cancel your subscription at any time without any refund If you have any questions about our subscription policy or the CarDekho Connected Cars Service, please contact us at https://www.cardekho.com/info/contact_us.

  28.7 Technical Issues:

  In the event of any technical issues with the CarDekho Connected Cars Service, we will make every effort to promptly resolve the issue to the best of our ability. Our support team is available to assist you during our designated support hours, as outlined in the Support Team Availability Clause.

  If a technical issue cannot be resolved immediately, we will work to provide a workaround or temporary solution while we work on a permanent fix as may be deemed reasonable. We may also provide updates on the status of the issue and expected resolution timeframes.

  Please note that CarDekho shall not be responsible for any technical issues that arise from third-party devices or services, and CarDekho cannot guarantee compatibility with all devices or services. However, we will make every effort to work with you to address any issues and provide assistance where possible. If a customer encounters a technical issue with the CarDekho Connected Cars Service, please contact our support team as soon as possible to report the issue and receive assistance. The support team can be reachable on our email connectedcars@cardekho.com.

  28.8 Mobile Unavailability:

  In the event that the CarDekho Connected Cars mobile application becomes unavailable for any reason whatsoever (broken/stolen etc.), Customer acknowledges that they will not be able to access all features of the service, including but not limited to remote vehicle monitoring and control. CarDekho will make reasonable efforts to ensure the mobile application is available at all times, but does not guarantee that it will be uninterrupted or error-free. The Customer agrees to hold CarDekho harmless for any losses or damages incurred due to the unavailability of the mobile application.

  28.9 Network Coverage:

  CarDekho Connected Cars Service is dependent on the availability and quality of the network coverage of the mobile network operator. CarDekho shall not be held liable for any failure, interruption, delay or degradation in the service due to any inadequate or insufficient network coverage. The Customer acknowledges that the Service may not be available in certain areas or locations with poor network coverage, and that the Service quality may be adversely affected by factors such as network congestion, weather conditions, signal strength and other factors beyond CarDekho's control. The Customer agrees to use the Service subject to these limitations and acknowledges that CarDekho will not be responsible for any inconvenience, loss or damage arising due to the same.

  28.10 Ignition Control:

  Ignition control is a feature provided by CarDekho Connected Cars service that allows Customers to remotely turn on or off the ignition of their vehicle through the mobile app. The following clause outlines the terms and conditions related to ignition control:

  • 1)

    The ignition control feature is available only for wired devices (not valid for OBD devices) and compatible vehicles that are equipped with the necessary hardware and software.

  • 2)

    The Customer must have a valid subscription to the CarDekho Connected Cars service to access the ignition control feature.

  • 3)

    The Customer is solely responsible for the use of the ignition control feature and must ensure that it is used in a safe and responsible manner.

  • 4)

    CarDekho shall not be held liable for any damage, loss, or injury caused due to the misuse of the ignition control feature.

  • 5)

    The Customer must ensure that the vehicle is parked in a safe and secure location before using the ignition control feature.

  • 6)

    CarDekho reserves the right to suspend or revoke the ignition control feature without prior notice if it is found that the Customer is not using it in a safe or responsible manner.

  • 7)

    CarDekho shall not be held liable for any loss of functionality or damage caused due to the suspension or revocation of the ignition control feature.

  • 8)

    The Customer acknowledges that the ignition control feature may not be available in certain geographical locations or under certain network conditions.

  28.11 Customer Responsibility:

  As a Customer of CarDekho Connected Cars service, Customers are responsible for:

  • 1)

    Maintaining the security of customer’s account login credentials and ensuring that they are not shared with anyone else.

  • 2)

    Ensuring that any personal information provided to CarDekho is accurate and up to date.

  • 3)

    Complying with all applicable laws and regulations related to customer use of the service.

  • 4)

    Using the service in a responsible and safe manner, and not engaging in any activities that may cause harm or damage to the vehicle, customer, or others (include living or non-living things or any governmental public or private property).

  • 5)

    Reporting any technical issues or malfunctions with the service to our support team as soon as possible.

  • 6)

    Not using the service for any illegal or unauthorized purposes, such as hacking, spamming, or distributing malicious software.

  • 7)

    If any accident caused by the stoppage of the car due to turning off the ignition remotely would be the customer’s responsibility.

  • 8)

    Adhering to the terms and conditions outlined in these terms of use, as well as any additional guidelines or policies provided by CarDekho.

  • 9)

    By using CarDekho service, customer agree to accept these responsibilities and to use the service in a manner that is consistent with CarDekho terms and conditions. Failure to comply with these responsibilities may result in the termination of customer’s account and/or legal action.

  28.12 Data Transmission:

  This device installed in the car transmits live data about the car on an ongoing basis thus enabling the Customer to always stay connected with the car and monitor the real-time status and the Customer grants his/her permission for the same.

  The CarDekho Connected Cars service relies on data transmission between the vehicle and the device, and third party servers. The Customer is responsible for ensuring that the device has adequate internet connectivity to enable this data transmission. By using the service, the customer consents to the transmission of data between the vehicle and CarDekho servers for the purpose of providing the service. The customer is responsible for maintaining the confidentiality and security of any login credentials used to access the service. CarDekho may use data collected from the customer's vehicle to improve the service and may share this data with third-party service providers for this purpose.

  Customers will not divulge your Access Credentials to anyone, including family members, friends, employees, bookkeepers or anyone else. Customer will not (a) write your Access Credentials down, (b) keep a poorly disguised record of them, (c) keep your Access Credentials together with your vehicles Registration Certificate or details of the VIN, registration number and/or mobile number, (d) save your Access Credentials in your mobile device, or (e) respond to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your vehicle. Any harm caused to the Customer due to breach of aforementioned shall not hold CarDekho Connected Cars responsible for any loss/ injury.

  28.13 SIM Card:

  CarDekho Connected Cars service requires a SIM card to function. The SIM card will be provided by CarDekho or its authorized third-party service provider. The customer shall ensure that the SIM card is not tampered with or removed from the device. Any damage or loss of the SIM card shall be immediately reported to the CarDekho customer support team. The customer shall be responsible for the payment of subscription fees which is associated with the usage of the SIM card. The customer shall comply with all applicable laws, regulations, and guidelines governing the use of the SIM card and the associated services. In case of any violation of such laws, regulations, or guidelines, CarDekho shall have the right to suspend or terminate the services without any liability.

  28.14 Technical Support:

  CarDekho shall provide technical support to the customer for the Connected Cars service upto 3 years only if the subscription is renewed by the customers every year and the subscription is in Active State. Technical support shall be available during working hours and shall be provided through email, phone or online chat. The Customer may contact CarDekho’s technical support team in case of any technical issues, queries or concerns related to the Connected Cars service. CarDekho shall make reasonable efforts to respond to any technical support request within a reasonable time frame.

  However, CarDekho shall not be responsible for providing technical support in the following circumstances:

  • i)

    Any issues or problems that arise due to the Customer’s negligence, misuse, modification or alteration or unauthorized usage of the Connected Cars service or any part of the system.

  • ii)

    Any issues or problems that arise due to the Customer’s failure to comply with any of the terms and conditions of this agreement.

  • iii)

    Any issues or problems that arise due to any third-party software, hardware or services, third party servers that the Customer may use in conjunction with the Connected Cars service.

  • iv)

    Any issues or problems that arise due to any event or circumstance that is beyond the control of CarDekho, including but not limited to force majeure events, acts of God, strikes, lockouts, or other labor disputes, government restrictions or regulations, or any other cause beyond the reasonable control of CarDekho.

  The Customer acknowledges that CarDekho’s obligation to provide technical support is limited to the Connected Cars service only, and CarDekho is not responsible for providing any support or maintenance services for any third-party hardware, software, or services used in conjunction with the Connected Cars service.

  28.15 Technician Visit:

  In the event that a technical issue which cannot be resolved remotely or through the assistance of CarDekho support team, a technician may visit Customer’s vehicle to diagnose and resolve the issue. Please note that this service may be subject to additional charges which shall be borne by the Customer If a technician visit is to be scheduled at the customer’s location (except during device installation), visit charges of INR 500+ GST will be applicable. Our technicians will make every effort to schedule the visit at a time convenient for you, and we will make every effort to resolve the issue as quickly as possible. However, CarDekho cannot be held responsible for any delays caused by factors outside of our control, such as traffic or adverse weather conditions. By using CarDekho service, you agree to cooperate with our technicians and provide them with access to your vehicle as needed to diagnose and resolve any technical issues.

  28.16 Physical Damage:

  • 1)

    The Customer will be solely responsible for any physical damage caused to the device or other connected components due to electric fault, accident, tampering or any other negligence or misuse.

  • 2)

    In case of any physical damage to the device or other connected components, the Customer can contact the CarDekho support team to get the device repaired or replaced.

  • 3)

    The customer may be required to pay for the repair or replacement of the device or other connected components in case of physical damage caused due to negligence or misuse.

  • 4)

    CarDekho Connected Cars Service shall not be liable for any physical damage caused to the device or other connected components due to any third-party actions or events beyond its control.

  28.17 Outsourcing of Services:

  CarDekho reserves the right to outsource any or all services related to the Connected Cars Service to a third-party vendor. In such cases, CarDekho will ensure that the vendor is a reputable and reliable service provider and takes necessary measures to protect the privacy and security of the customer's data. CarDekho will not be liable for any damages or losses incurred by the customer due to the actions or negligence of the third-party vendor.

  28.18 Response Time:

  CarDekho will make every effort to respond to customer requests for technical assistance in a timely and efficient manner. The response time for technical support inquiries will depend on the level of support requested and the severity of the issue.

  For critical issues that significantly impact the performance or availability of the service, CarDekho will respond within 48 hours of the initial support request. For non-critical issues, CarDekho Connected Cars Service will respond within 72 hours.

  In the event that CarDekho Connected Cars Service cannot meet these response times, they will communicate the reason for the delay to the customer and provide an estimated timeline for resolution. The Customer will not hold Cardekho responsible for any delay caused in providing technical assistance.

  28.19 Adverse Acts:

  An "Adverse Act" in the context of CarDekho Connected Cars Service may refer to any deliberate or intentional act by the Customer or a third party that may lead to damage or compromise the security of the connected Cara or its data. This may include but not limited to:

  • 1)

    Tampering with the device or its software.

  • 2)

    Attempting to hack or gain unauthorized access to the Connected Cars or its data.

  • 3)

    Sharing or disclosing personal or sensitive information about the Connected Car or its Customers without proper authorization.

  • 4)

    Using the Connected Cars service for any illegal or malicious activity.

  In case of an adverse act, CarDekho Connected Cars Service reserves the right to take necessary legal action, including but not limited to reporting the incident to the relevant authorities and terminating the customer's access to the service. The customer shall be liable for any damages, losses, or expenses incurred as a result of their adverse act. The Customer shall be responsible for ensuring the safe handover of the device, in good functioning condition, by way of submitting the device back to CarDekho in the manner as may be instructed.

  28.20 Privacy Policy:

  At CarDekho, we take your privacy very seriously. This privacy policy clause applies to our Connected Cars Services and explains how we collect, use, and share your personal information in relation to this service.

  • Information we collect:

  With your permission we will collect information about your vehicle, including its location, speed, Ignition, and other information. We may also collect information about your usage of the Connected Cars Services, such as your preferences and settings.

  • How we use your information:

  We use your information to provide you with the Connected Cars Services and to improve and develop these services. This may include providing you with personalized recommendations and offers, as well as analyzing your usage patterns to identify areas for improvement. We may also use your information for research purposes and to develop new products and services.

  • How we share your information:

  We may share your information with our service providers, who assist us in providing the Connected Cars Services. We may also share your information with third parties for research or marketing purposes, but only in an aggregated and anonymous form that does not identify you personally. We will not share your personal information with third parties for their own marketing purposes without your explicit consent.

  • Security:

  We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, please be aware that no security system is 100% secure and we cannot guarantee the security of your information.

  • Changes to this privacy policy:

  We may update this privacy policy from time to time to reflect changes in our services or legal requirements.We encourage you to review this policy periodically for any updates.

  • Contact us:

  If you have any questions or concerns about our privacy practices or this policy, please contact us at https://www.cardekho.com/info/privacy_policy.

  28.21 Dispute resolution and Governing Law:

  Any dispute, controversy, or claim arising out of or in connection with the CarDekho Connected Cars Service, including the breach, termination, validity, or interpretation of the terms and conditions, shall be resolved through good faith negotiations between you and CarDekho. If the dispute cannot be resolved through negotiations, either party may initiate arbitration proceedings in accordance with the rules of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted in the New Delhi, and the language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding on both parties.

  The terms and conditions of the CarDekho Connected Cars Service shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.

  Any dispute arising out of or relating to the CarDekho Connected Cars Service shall be resolved exclusively in the courts of New Delhi. You hereby submit to the personal jurisdiction of such courts and waive any objection to the laying of venue or to the jurisdiction of such courts.

  If you have any questions or concerns about our governing law clause or the CarDekho Connected Cars Service, please contact us https://www.cardekho.com/info/contact_us .

  29) Account Deletion

  29.1 Steps to delete account-

  User can delete their account and data from the Cardekho android and iOS app.

  • 1.

    Open the CarDekho App

  • 2.

    Make sure you are logged in to the app with the account you want to delete.

  • 3.

    On the home page of the app, click on the My Account button at the top right corner.

  • 4.

    This will take you to the My Account section. Click on Profile Settings option under this section.

  • 5.

    On the Profile Settings page, you will see an option to “Delete Account”

  • 6.

    Read through the warning and check the box and agree to the terms and conditions.

  • 7.

    Click on Delete Account button and you will get a pop up asking for confirmation. Click on Delete.

  29.2 User Data -

  Once the user has confirmed their request for account deletion, the user’s account and personal information is deleted from our database.

  Although we maintain any data that we are required to maintain for legal or compliance purposes. This includes but is not restricted to - invoices, order history and any other transactions made through our platform.

  30) Account Deletion for Club App

  User can delete their account and data from the Club by CarDekho android and iOS app.

  • 1.

    Open the Club App

  • 2.

    On the home page, click on Profile button.

  • 3.

    In the profile section, you would see an option to "Delete Account".

  • 4.

    Click on Delete Account button and you will get a pop up asking for confirmation. Click on Delete.

  
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