TERMS OF USE

Last Updated on: - 24th November 2022

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.excellentcarz.com website and other owned and operated sub-domain(s) and page(s).

The domain name www.excellentcarz.com (hereinafter referred to as the “Website”)is owned/licensed and operated by Excellent Carz, a Proprietorship Firm incorporated under the laws of India, having its registered office at: Bengaluru, Karnataka (hereinafter, individually and/ or collectively referred to as “Dealer”). Dealer will/may provide access to a variety of services such as buying and selling of 4W/2W and any other service(s) that the Dealer may offer in future on the Website (hereinafter referred to as the “Services”), including but not limited to access to the Website or any other sub-domain(s)/sub-page(s) (hereinafter individually and collectively referred to as “Platform”). These Terms of Use constitute a binding legal agreement between Users and the Platform.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who is a User/visitor/registered buyer on the Platform availing the Services, raising queries and seeking information and/ or who has agreed to become User on the Platform by providing registration data while registering on the Platform as registered User using the computer systems. The Dealer allows the User to surf the Platform or make purchases with/without registering on the Platform. The term "We", "Us", "Our" shall mean the Dealer.

(Non-capitalised words wherever in these Terms of Use already defined shall have the same meaning as capitalised words)

Your use of the Platform, Services and tools are governed by the following Terms of Use as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, You shall be contracting with the Dealer and these Terms of Use including the policies constitute Your binding obligations, with the Dealer. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service(s), and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Note: THESE TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF ELECTRONIC CONTRACT IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER (AS AMENDED FROM TIME TO TIME) AND DOES NOT REQUIRE ANY PHYSICAL SIGNATURE OR SEAL

BY ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting this Terms of Use, You also accept and agree to be bound by Dealer’s and this Platform’s policies (including but not limited to Privacy Policy mentioned on the website) as amended from time to time. We shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Terms of Use or to the Privacy Policy.

USAGE OF THE PLATFORM

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. The Dealer reserves the right to refuse to provide you with access to the Platform if it is brought to the Dealer's notice or if it is discovered that You are under the age of 18 years or otherwise legally disqualified or incompetent to enter into contract as per the Indian Contract Act or any other laws applicable in India. 

Furthermore, the Dealer has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Platform, maintain the confidentiality of Your information including your display name and password (if applicable) and Your other personal information. You shall be responsible for all activities undertaken by You, including but not limited to use of the Platform for availing the Services through this Platform that occur under Your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your registration/membership on the Platform and refuse to provide You with access to the Platform and any of its Services. 

NO ENDORSEMENTS OR VERIFICATION 

Please note that the Platform in general may contain access to third-party content/links. Participation or availability on the Platform does not amount to endorsement or verification by Us. We make no warranties or representations about the accuracy, completeness, or timeliness of any Content posted on the Platform.

USE OF THE PLATFORM

You/Users agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and the Dealer shall have the absolute right to suspend Your account and take appropriate legal action solely at Your cost as the Dealer may deem fit. 

SERVICES UNDER THE PLATFORM

Users making a purchase on the Platform shall be referred to as the “Buyer”. The term Products herein mentioned in various places in these Terms of Use shall include vehicles (2W and 4W) listed on the Platform. 

1. This Platform is intended to connect the Buyers with the Dealer for sale of the products listed on the Platform and the Dealer shall not be responsible or liable to Buyers for any products listed on the Platform once sold. All commercial/contractual terms are offered by and agreed to between Buyers and Dealer alone. The commercial/contractual terms may include without limitation: price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and Services. 
2. Dealer does not make any representation or Warranty as to specifics (such as quality, value, saleability, Legal issues and documents, transfer issues with the relevant authority etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Dealer does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Dealer accepts no liability for any errors or omissions, whether on behalf of itself or any third parties.
3. Dealer and Buyer shall mediate and resolve any dispute or disagreement in respect to any transaction concluded on the Platform. 
4. Dealer does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any product that You choose to buy on the Platform and use Your best judgment on that behalf.
5. At no time shall Dealer hold any right, title or interest over the products, nor shall Dealer have any obligations or liabilities in respect to such products post selling of such products/services by the Buyer. Dealer is not responsible for unsatisfactory or delayed performance of services or damages or delays because of products which are out of stock, unavailable or back ordered, document verification and legal transfer of documents which are beyond the control of the Dealer.
6. The Platform can be utilized by Users to reach a larger base to buy products or services. Dealer is only providing a platform for ease of purchases, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Dealer and the Buyer. This is valid for all services provided by Dealer to its Users. 
7. You/User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Dealer.
8. You/Users of the Platform release and indemnify Dealer and/or any of its officers, assigns and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You/ User may have in this behalf under any applicable law(s). Notwithstanding the indemnification mentioned hereinabove, despite its reasonable efforts in that behalf, Dealer cannot take responsibility or control the information provided by other Users, which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
9. Please note that there could be risks in dealing with underage persons or people acting under false pretence and Users are expected to conduct due diligence in this regard.

USER OBLIGATIONS

1. You/User shall not host, display, upload, modify, publish, transmit, update or share any information on the Platform which:

1. Belongs to another person and to which You/User do not have any right to.
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever. 
3. Is misleading in any way.
4. Infringes any copyright of content or any trademark of any third party on the Platform.
5. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, false identity or any deceptive activity, bigotry, hatred or physical harm of any kind against any group or individual.
6. Harasses or advocates harassment of another person on the Platform 
7. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming”.
8. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
9. Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
10. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as posting pirated computer programs or links
11. Provides material that exploits people or solicits personal information from anyone.
12. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
13. Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
14. Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. 
15. Solicits gambling or engages in any gambling activity. 
16. Interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services.
17. Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
18. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products or by posting content which is infringing to any third Party. 
19. Violates any law for the time being in force.
20. Impersonate another person.
21. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information. 
22. Threatens the unity, integrity, defence, security or sovereignty of India
23. Not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
24. Not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us on the Platform, social media, offline and online platforms etc. or to any other person/ entity or otherwise which  in any manner might tarnish the image or reputation, of the Dealer or otherwise tarnish or dilute any Dealer’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Dealer.
25. Not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform.
26. Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
27. Not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means. 
28. Not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

1. The User of this Platform is required to ensure and undertakes that the information provided on this Platform or any actions of the User(s) on this Platform shall not be false, inaccurate or misleading nor shall directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
2. At all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations regarding Your use of Our Platform, and Our Services.

1. Act in a bonafide manner to enable Us to use the information You to supply Us with, all required information, so that we are not violating any rights You might have in Your Information.
2. You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your information. 

DEALER RIGHTS & OBLIGATIONS

1. We will only use Your information as and when required as provided by You/User in accordance with the Information Technology Act 2000 and any applicable amendments and notifications thereof.
2. We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
3. We reserve the right to monitor Your activity on the Platform. Dealer shall have the right to remove or edit any product or content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
4. Your correspondence or business dealings with or participation in promotions of advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
5. Dealer shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
6. Dealer reserves its right to initiate civil and/or criminal proceedings against the Buyer who raises/files invalid and/or false claims or provides false, incomplete, or misleading information to the Dealer. In addition to the legal proceedings as aforesaid, Dealer may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] and/ or account of such Buyer/User and/or disqualify that User/Buyer and any related Users/Buyer from purchasing any products in the future, seeking/providing any return/replacement of any product (including vehicles) and/or Services. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent claim for return/ replacement containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law (all costs for the same shall solely be borne by the said person). 

1. Dealer reserves the right to impose limits on the number of transactions or transaction Price which Dealer may receive from on an individual valid Credit/Debit/Cash Card/valid bank account/and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

1. Dealer reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Dealer or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

1. Dealer may do such checks as it deems fit before approving the receipt of/Buyer’s commitment to pay the transaction price from the Buyer for security or other reasons at the discretion of Dealer. As a result of such a check, if the Dealer is not satisfied with the credibility of the Buyer or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/Buyer’s commitment to pay transaction price.

1. Dealer may delay notifying the payment confirmation if Dealer deems suspicious of the Buyer or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Dealer may hold transaction price and Dealer may not dispatch, or remit transaction price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials, or in the event the Buyer is engaged in any form of illegal activity.

1. The Buyer acknowledges that Dealer will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond control of Dealer.

DISCLOSURE OF USER INFORMATION ON THE PLATFORM 

It also is possible for others to obtain personal information about You, due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized usage of the Platform, but by using the Platform, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform. Dealer shall not be responsible or liable towards any loss of information or any related damages including any costs or otherwise which the User might incur in this regard.

FEE POLICY & RESPONSIBILITY OF USER

Registration on the Platform is free for Users. Dealer does not charge any fee for browsing and/or buying/transacting on the Platform. Dealer reserves the right to change its fee policy from time to time at its sole discretion. In particular, Dealer may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Platform. In such an event Dealer 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 policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. 

You/Users shall be solely responsible for compliance of all applicable laws for making payments to Dealer for the Services on offer, wherever applicable.

EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, is not regulated by the Dealer. Dealer encourages its Users to be professional, courteous, and respectful when communicating via email. However, Dealer will investigate and can take action the Dealer deems fit and appropriate (including legal consequences) on certain types of unwanted emails or communications that violate the terms under these Terms of Use, Privacy Policy of the Website or in any form harasses or violates the privacy and working condition of the Dealer in any manner whatsoever. 

BUYERS OBLIGATIONS AND COMMITMENT TO PAY

1. If the Buyer, upon browsing the Platform, would like to purchase a product listed on the Platform (Product herein shall be referred to vehicles (2W and 4W listed on the Platform). 

1. The Buyer shall get in touch with the Dealer if the Buyer wishes to see and inspect the product at his/her own will or the Buyer if satisfied with the details, photos and credentials of the product, can also directly buy the product if he/she wishes to from the Platform of the Dealer.

1. In case the Buyer wishes to inspect the product before buying, the Buyer will be provided with a certain time window which shall be discussed and agreed between the Dealer and Buyer in which they are expected to meet or coordinate the closure of the transaction. The time period of the same shall be mutually agreed upon. 

1. Once a Buyer likes a product on the Platform and is ready to commit to buy that product, the Buyer shall be redirected to the payment gateway on the Platform and the Buyer shall pay the price of the product as listed on the Platform.
2. A transaction will be deemed as closed or completed once Buyer makes the final value payment, either in full on the payment gateway integrated on the Platform of the Dealer or selling price of the Product minus any booking amount received from the Buyer as agreed between the Dealer and the Buyer), both Buyer and Dealer execute the transfer documents, and Dealer hands over the product to the Buyer.
3. Once the payment is realised, and the product is yet to be handed over to the Buyer, the Dealer shall de-list the said product from the Platform or shall be marked as “sold” to avoid any miscommunication with other Buyers or 3rd parties. 

1. We encourage the Buyer to review the listing before making the purchase decision. Buyer shall not be entitled to any return/refund unless request for return/ refund/ replacement is made as per the process provided and, in the timelines, provided for the product (including vehicles) and/ or Services.

BOOKING AMOUNT & REFUND POLICY 

REFUND SHALL NOT BE APPLICABLE IN THE FOLLOWING CASES

In case of realisation of full payment: Refund of the Product(s) once sold to the Buyer shall not be eligible for refund once the Buyer has paid in full payment for the said product to the Dealer via the payment gateway integrated on the Website. This is provided that the Dealer may at its sole discretion make any refund decisions, in good faith with the Buyer.

In case of any token amount paid by the Buyer: In case of any token amount received by the Dealer from the Buyer and the Buyer raises a request to the Dealer for refund of the token amount after 5 days from the date the said token amount is paid by the Buyer to the Dealer. Once the said time period of 5 days is over from the date the Buyer pays the token amount, the Dealer shall not be liable, and the Buyer will not be eligible to get the refund of any amounts paid to the Dealer.

REFUND ONLY APPLICABLE IN BELOW CASES

In case of full amount:

• In case the Dealer is unable to provide/deliver the said product in the agreed timeline as agreed between the Dealer and the Buyer or for any reason(s) whatsoever and the Buyer has paid the full amount of the said product to the Dealer.
• In case the said product is not listed on the Platform or is already sold and the Dealer has not delisted or marked it as “Sold” and the Buyer pays the full amount for the product on the Platform.

In case of any token amount: In case where the token amount is paid by the Buyer and the Buyer does not wish to go ahead with the product. The request shall be communicated to the Dealer within 5 days from the date of which the token amount for reserving the said product has been paid by the Buyer to the Seller. 

In case of an Unauthorized Chargeback: Whenever a chargeback (hereinafter referred to as “CB”) comes from a payment gateway/bank, any Unauthorized Chargeback wherein Buyer hasn't made the particular transaction, or a transaction has been made unlawfully or by mistake by the Buyer. Refunds will be created in accordance with the Dispute Resolution Clause in this Terms of Use. Buyer will need to produce all related documents and evidence of the amount(s) paid in the account of the Dealer and the Dealer expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Dealer.

RETURN AND REPLACEMENT POLICY 

In case the Dealer doesn't have the vehicle listed on the Platform, Dealer can provide the refund of the token amount paid to the Buyer and Buyer shall be obligated to accept the refund of the said amount paid by the Buyer for the said product.

Dealer does not take any responsibilities for return or replacement of any products (including vehicles listed on the Platform) transacted on Dealer's Platform. Only those vehicles listed on the Platform are eligible for return wherein the Dealer specifically agrees or has updated the listing wherein replacement or return is acceptable to the Dealer. The Dealer shall hold no responsibility for the decision made by the Dealer in case of accepting returns of product (including vehicles) listed. 

In the event the Dealer accepts the return request raised by the Buyer, Buyer will have to return the product (including vehicles listed on the Platform) and the refund shall be provided by the Dealer to the Buyer directly. and Dealer shall not hold any responsibility or be a party to any issues/litigations (including third party litigations or complaints) pertaining to any such return cases.

The Dealer shall solely have the right to take a call on whether the Dealer is liable to refund the full amount paid to the Dealer by the Buyer if the product/vehicle is accepted for return after the said product/vehicle is sold to the Buyer. 

The Buyer shall indemnify Dealer for all costs, liabilities, claims (including litigation and attorney’s cost) for all returns of products (including vehicles) which the Dealer specifically denies accepting the return off. 

OTHER TERMS FOR PAYMENT AND REFUND

It shall be at the discretion of the Dealer in case the Dealer takes an amount as booking to reserve the said product for the Buyer. The booking amount and the time prescribed for the closure of the transaction may vary and can change from time to time with no notice to Buyers.

In certain cases, Dealer may refund the token amount paid by the Buyer, to the Buyer, independent of the outcome of the transactions or in certain cases Dealer may not refund the Token Amount to the Buyer. The discretion and decision of the Dealer shall be final and binding on the Buyer and the Dealer shall not be liable or responsible for any losses or damages to the Buyer in this regard (including any legal related damages). 

Only the Dealer reserves the right to cancel any order for the product and refund the amount (Full/booking amount as received) without notification or explanation. The discretion and decision of the Dealer shall be final and binding on the Buyer and the Dealer shall not be liable or responsible for any losses or damages to the Buyer in this regard (including any legal related damages).

Refunds to be made (if any) shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

For All electronic payments, transactions, refunds, if any, shall be made through payment facility using NEFT/RTGS or any other online banking/electronic funds transfer system approved by Reserve Bank India (RBI).

Refund shall be conditional and shall be with recourse available (including legal recourse at the cost and consequences of the Buyer) to Dealer in case of any misuse by Buyer of any Services or products of the Dealer listed on the Platform.

Refunds (if any) shall be subject to Buyer complying with these Terms of Use and the Dealer policies.

BUYER OBLIGATIONS IN RELATION TO THE PRODUCT 

Once the Buyer buys the product, the following further conditions will be applicable which need to be fulfilled solely by the Buyer: 

• Buyers are responsible to follow all the rules and regulations prescribed by RTO.
• Buyers will be responsible for any vehicle insurance required by law.
• All additional costs involved for transferring, registration and other services will be borne by the Buyer.
• Buyer shall not hold any responsibility towards the Dealer in relation to any obligations and issues related to any product including any transactional/legal issues and/or issues in relation to transfer of documents from the respective RTO and Dealer disclaims all liabilities in relation to the same. The Buyer is solely responsible to resolve the said issues/matter and Dealer is not liable to the Buyer. 
• The Buyer shall be liable to pay all state and central government taxes as applicable in registration, transfer of the product in the name of the Buyer. 

It is to be noted that the Dealer shall not be liable or responsible towards the above mentioned Buyer obligations and shall not be held responsible or liable for any costs or damages incurred by the Buyer in case of delay of any of the above mentioned obligations by the Buyer. Dealer disclaims all rights and responsibilities towards the same. 

PAYMENT SERVICES

While availing any of the payment method/s available on the Platform, We will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the present limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.

All payments made against the products/Services on Platform by You shall compulsorily be in Indian Rupees acceptable in the Republic of India. Dealer/Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform.

Before shipping/delivering Your order to You, We may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

BUYER'S ARRANGEMENT WITH ISSUING BANK

All valid Credit Card/Debit Card/Cash and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company. The Dealer has no role or obligations or any liabilities (legal or otherwise) including any monetary damages in relation to the same. 

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.

PAYMENT FACILITY FOR BUYERS

1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Dealer to purchase the products from the Dealer using the payment facility, and You shall pay the transaction price through Your issuing bank/instrument to the Dealer using the payment facility.
2. You, as a Buyer, may agree with the Dealer through electronic communication and electronic records and using the automated features as may be provided by the payment facility on any extension/increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension/increase of dispatch/delivery time or subsequent novation/variation of the transaction should be in compliance with these Terms of Use.
3. You, as a Buyer, shall electronically notify the payment facility using the appropriate Dealer Platform features immediately upon delivery or non-delivery within the time period as provided. Non-notification by You of delivery or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. 

GENERAL TERMS & CONDITIONS FOR BUYERS

Buyers should refrain from bribing/corrupting with any employees or customers or representatives of the Dealer for undue benefit. Any such action will lead to suspension of the account of the Buyer with immediate effect. In case of such breach, the Dealer shall have the absolute right to take appropriate action (including legal action) solely at Your cost and consequences. Further, the Buyer shall be bound by certain obligations as mentioned below:-

1. Any offers/coupons/deals running on the Platform shall be at the sole discretion of the Dealer and the same cannot be combined with any other offer/coupons/deals already live on the Platform of the Dealer. Dealers may ask for more additional documentation before processing Your order. Delivery of the product can only be taken after the completion of Buyers verification process and on agreed payment being released in the account of the Dealer.
2. Any offers/coupons/deals active or running on the Platform can end anytime without prior notice to the User/Buyer. 
3. Dealer does not take any responsibility for the product condition, authenticity or validity of documents of the products.
4. Transaction is considered closed after the Buyer pays the Dealer and receives delivery of the product.
5. Any product will not be shipped unless mentioned or agreed between the Buyer and Dealer explicitly otherwise.
6. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between Dealer and the Buyer and payment facility is merely used by the Buyer to facilitate the completion of the transaction. Use of the payment facility shall not render Dealer liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Dealer's Platform.
7. You/User have specifically authorized Dealer and its employees to collect, process, facilitate and remit payments and/or the transaction price electronically in respect of transactions through the payment facility. 
8. Your relationship with Dealer is on a principal-to-principal basis and by accepting these Terms of Use you agree that Dealer is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on Dealer's Platform that are paid for by using the payment facility. Dealer does not guarantee the identity of any User, nor does it ensure that a Dealer will complete a transaction.

You understand, accept and agree that the payment facility provided by Dealer is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Dealer’s Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Dealer is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. 

COMPLIANCE WITH LAWS

Buyer and Dealer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Dealer’s Platform.

DISCLAIMERS APPLICABLE TO SERVICES

The Services and products listed on the Platform are provided on an “As is Available” basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Dealer, its affiliates or their respective employees shall create a warranty or liability of any kind towards the User.  

The Dealer reserves the right to make additions, deletions, or modification to the Services and its features, any time, without prior notice to its User’s. The Dealer can in its sole discretion discontinue the Services with or without providing any specific information or notice to any third party thereof and in no event the Dealer shall be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services and its features.

Notwithstanding the generality of the aforesaid, the Dealer shall provide the Services in accordance with the Terms of Use herein. In addition, the Dealer shall not be responsible towards the User for malfunction or interruptions in the Service caused by the actions of third-party carriers, any authority notifications, government orders or by any other third parties or Force Majeure event. 

The said Services provided herein are for the benefit of the User(s) only and the User(s) shall not pass on these Services as its own services or to any third party for User’s own benefit (monetary or otherwise). The Services are owned and operated by the Dealer and the User shall not render any rights over the Services so provided by the Dealer. Non-adherence to this will be deemed to be a major breach by the User and the Dealer shall be liable to act against the User and any third party involved in such breach at the sole cost and consequences of the Dealer.

COMMUNICATIONS

When You use the Platform, or send emails or other data, information or communication to Us and provide Your information required for availing the Services, You agree and understand that You are communicating with Us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMS’s from Us periodically and as and when required. We may communicate with You by email or by such other modes of communication, electronic or otherwise.

ADVERTISEMENTS ON THE PLATFORM

We use third-party advertising companies to serve ads when you visit our Platform. These companies/Platforms may collect and/or use information (not including your name, address, email address, or telephone number) about your visits to this and other Platforms to provide advertisements about goods and services of interest to you. Dealer is not responsible for the privacy practices or the content of those linked Platforms nor for any third party to whom we transfer your data in accordance with our Privacy Policy. Dealers assume no responsibility for examining or evaluating the products and services offered by them. Dealers do not warrant the offerings of any of these businesses or individuals or the content of such third-party Platform(s). Dealer does not endorse, in any way, any third-party Platform(s) or content thereof.

INTELLECTUAL PROPERTY RIGHT

The Users of the Platform shall respect Dealer’s intellectual property rights including without limitation, patent, copyright, trade/service mark(s), trade names(s), trade secret(s) and logos, websites, source codes, Services owned and operated by the Dealer ("Intellectual Property/ Intellectual Property Rights") and shall not contest, at any time, the other Party’s right in any Intellectual Property Rights. 

The Users of the Platform agree not to use or cause to be used the Intellectual Property Rights of the Dealer in any manner whatsoever other than the agreed means of usage of the Intellectual Property Rights by the Dealer to the Users in provisioning of the Services.

The Users shall not in any mode or manner use/forward or share the Intellectual Property in any communication to a third party without explicit written permission from the Dealer. 

The logos, the source codes, designs, layout on/off the Platform are all intellectual property of the Dealer. The contents/materials posted on the Platform, including images, illustrations, audio clips, and video clips posted by the Dealer are intellectual property of the Dealer.

The Dealer respects the intellectual property of others. In case, You allege that Your intellectual property has been infringed, You can write to the Dealer at nadeem9611725013@gmail.com. 

DISCLAIMER OF WARRANTIES AND LIABILITY

This Platform, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Dealer does not warrant that:

1. This Platform will be constantly available, or available at all; or
2. The information on this Platform is complete, true, accurate or non-misleading.

Dealer will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Platform. Dealer does not warrant that this Platform; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the products sold on Platform are governed by applicable laws. You will be required and are expected to enter correct and valid personal details such as Your name, address, email address, phone number and other information as required for use of the Services on this Platform. By registering/providing Your details including but not limited to Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. Further, Dealer does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to affiliates and/or third-party Platforms using Platform's APIs or otherwise.

INDEMNITY

You/User shall indemnify and hold harmless Dealer/Platform, all its products and Services listed on the Platform and in these Terms of Use,  its owner(s), licensee(s), affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by You or any third party or penalty imposed upon Dealer or any of its affiliates, subsidiaries, partners, employees due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of Platform, product(s) or Services of Dealer or of any third party.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DEALER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, PLATFORM’S SERVICES AND CONTENT EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

SEVERABILITY

Any provision of these Terms of Use that is found to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining portions hereof.

DISPUTE RESOLUTION MECHANISM

Generally, transactions are conducted smoothly on the Platform. However, there may be some cases where the Users of the Platform may face issue(s). We have a dispute resolution process in order to resolve the disputes.

Whenever there is a disagreement, the Buyer/User can write to the nadeem9611725013@gmail.com to raise a dispute. Disputes can be raised at a particular transaction level. 

Both the Dealer and the Buyer shall try to resolve the matter amicably within 15 (fifteen) days from the date of such dispute being raised by the Buyer. 

APPLICABLE LAW & JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. 

In case either Dealer or the Buyer feels that the dispute(s) raised as per the Dispute Resolution Mechanism clause above is not resolved to the satisfaction of either the Dealer or the Buyer, either party shall have the right to approach the court(s) and the courts at Bengaluru, Karnataka, shall have exclusive jurisdiction in respect to the matters thereof between the Dealer and the Buyer and this Platform. 

CONTACT US/GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, in case you have any grievances about the use of this Website/any of the policies for use/availing the services on the Website, please contact the undersigned for any questions or comments or any grievances regarding this Platform by electronic or written communication or oral communication:

Name: Excellent Carz

Address: Bengaluru, Karnataka - 560069

Phone No.: +91-9740620959

Email Id: nadeem9611725013@gmail.com