Indianautoexchange.com (IAE) User Agreement
Indo Auto Exchange Pvt Ltd. is a private limited company registered under the Indian Companies Act of 2013. The services are provided to you subject to the terms and conditions governing your use of the website www.indianautoexchange.com (hereinafter referred to as "the Site" or “Indianautoexchange” or “IAE”) and the general principles for the Sites of our subsidiaries and international affiliates and constitutes your binding obligations towards Indo Auto Exchange Pvt. Ltd. (hereinafter referred to as company) ("User Agreement ").
This Agreement is effective upon acceptance in registration for new registering users and you agree to abide by the terms and conditions of IAE and all other IAE policies. By registering as a new user you also agree that you have read and understood the terms, conditions and policies of IAE.
For the purpose of the terms and conditions and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the service in any manner whatsoever including persons browsing the services and its content, posting comments or any content or responding to any advertisements or content.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. By registering in this Site, you affirm that you are legally competent to enter into this Agreement and also to use the Site. The members only features of the Site is not available to persons whose membership has been suspended or terminated by IAE. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by IAE's registration form (such information being the "Registration Data"); and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or IAE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, IAE has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Without limiting other remedies, IAE may limit your activity, immediately end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
IAE may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended may not register or attempt to register with IAE or use the Site in any manner whatsoever until such time that such user is reinstated by IAE. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, IAE reserves the right to recover any amounts due and owing by you to IAE and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. 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.
Membership on the Site is free. IAE does not charge any fee for browsing on the Site. IAE charges Listing Fee to all sellers for listing their automobiles based on the pricing policy. All listing will be published on the website within 48 hours of listing subject to review and approval. However, such listing fee can be waived off for fix duration as Promotional Offer and/or to an Individual Seller or Associate Dealer, short listed and selected by IAE. IAE is not liable for making these selections public. Before you list an automobile for sale through the Site, we request you to review our Fees which is hereby incorporated by reference into this agreement. The Fee Charging and Credit policies on IAE are effective from April 1, 2017. However, IAE reserves the right to change its Fee Charging and Credit policies from time to time. In particular, IAE may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event IAE reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. IAE reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to IAE. IAE reserve the right to reject your listing and refund the fees paid, if the listing deemed inappropriate or against the policies of the IAE. IAE also reserves the right to take legal action in case of non-payment of fees by you to IAE.
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
You shall not post, e-mail or share any information on this Site that violates any law or regulation, that is defamatory, abusive, unlawful, invasive of another's privacy or other rights.
The Site is only a venue where Users may meet and interact with one another for their transactions. IAE is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
IAE strongly advises you not to test the Site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by IAE. Please be aware that even if you do not give IAE your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As a registered member, you may list vehicles for sale on the Site. You must be legally able to sell the vehicle(s) you list for sale on our Site. Listings may only include text descriptions, graphics and pictures that describe your vehicle for sale. All listed vehicles must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the vehicle listing or elsewhere on the Site other than in the vehicle listing Form is expressly prohibited and would be considered as a breach of the User Agreement. All listed vehicles must be kept in stock for successful fulfillment of sales. The listing description of the vehicle must not be misleading and must describe actual condition of the product. If the vehicle description does not match the actual condition of the vehicle, you agree to refund any amounts that you may have received from the buyer. As a seller you certify that all information provided by you against your listed vehicle is accurate and true. Individual seller can list vehicle(s) and needs to make IAE aware of its availability status on timely manner.
IAE and its suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
In no event shall IAE or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence). IAE's liability in any circumstance is limited to the amount of fees, if any, paid by you to IAE. IAE, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, IAE assumes no liability whatsoever for any monetary or other damage suffered by you on account of
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, damages, obligations or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. This indemnification clause will survive any termination of your membership.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and IAE and you shall have no authority to bind IAE in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to IAE c/o Indo Auto Exchange Pvt. Ltd. Attn: Legal Department, 1071 / Bethanya, Mather Nagar, Changampuzha Nagar P.O., Kochi – 682033 (in the case of IAE) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and IAE during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by IAE. The place of arbitration shall be Ernakulam, Kochi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Jurisdiction for disputes
This Agreement shall be subject to the exclusive jurisdiction of Courts at Ernakulam, Kerala, India. This Agreement shall be governed by the laws in force in India and any disputes or differences shall be decided exclusively by the laws of India.
The User Agreement shall be governed and construed in accordance with the laws of India.