By visiting www.Mercedes-BenzUsedCar.in (hereinafter referred to as "the Site"), you are confirming that you have read these terms and conditions of your use of the Site and agree to abide by the same. These terms and conditions (hereinafter referred to as "User Agreement") constitute your binding obligations towards CarTrade Tech Limited (hereinafter referred to as "CarTrade" or "we" or "us"). This User Agreement is effective upon acceptance in registration for new registering users. CarTrade may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty (30) is this mandatory days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your notification preferences. This User Agreement may not be otherwise amended except in writing and signed by you and CarTrade. What's the implication? You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User 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 User Agreement.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and CarTrade's Privacy Policy, which include terms and conditions expressly set out below and those incorporated by reference, before you may become a member of CarTrade. CarTrade's Privacy Policy may be viewed by clicking on the following link: PrivacyPolicy
Please note: underlined words and phrases are links to the pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and affiliates will be governed by the User Agreement and the Privacy Policy posted on those websites.
(a) Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Site (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 CarTrade has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, CarTrade has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
(a) "Your Information" is defined as any information you provide to us or to the other users of the Site (those users "Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
(b) Your Information (or details of any cars you list on the Site):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen cars;
(iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and
(iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any car, 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.
(c) You agree to supply us with Your Information so we can use it for the purpose of the Site and agree that we are not violating any rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. CarTrade will only use Your Information in accordance with the User Agreement and CarTrade's Privacy Policy. You hereby understand and agree that the Site may use your information to identify potential members of the site with whom you may have a beneficial relationship (including car dealers or potential buyers).Further, you acknowledge, authorize and consent to CarTrade sharing your information with car dealers or potential buyers, as the case may be in the course of its business. You further acknowledge and agree that you will not share any sensitive personal data or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, on the Site with any participant in the Site (including CarTrade) and that you will always be compliant with the CarTrade's Privacy Policy.
(d) You represent and confirm that you shall be the sole and exclusive legal owner of all cars, goods or products of any description that you wish to offer for sale on the Site or of such cars, goods or products in writing and you will have the full authority in law to deal in and offer for sale such cars, goods or products.
(e) In the event that any transaction or attempted transaction relating to any car, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform CarTrade of the same.
(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any car or services being sold or purchased on the Site.
(g) From time to time, you shall be responsible for providing information relating to the cars or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such cars or services so as to mislead other Users in any manner.
(h) You will not disclose your contact details like phone number, address, email address in the buying or listing process, other than the specified place in the form, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass CarTrade.
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) may harm minors in any way;
(d) infringes any patent, trademark, copyright or other third party proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads CarTrade, Site and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate any other person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(a) CarTrade is not responsible for any non-performance or breach of any contract entered into between Users. CarTrade cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. CarTrade shall not and is not required to mediate or resolve any dispute or disagreement between Users.
(b) CarTrade does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the cars or services proposed to be sold or purchased on the Site. In particular, CarTrade does not implicitly or explicitly support or endorse the sale or purchase of any cars or services on the Site. CarTrade accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) CarTrade does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell cars or associated services. CarTrade is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the winning buyer. At no time shall any right, title or interest over the cars vest with CarTrade nor shall CarTrade have any obligations or liabilities in respect of such contract. CarTrade is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of cars which are out of stock or otherwise unavailable. All cars are offered only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
(f) You release and indemnify CarTrade 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, CarTrade cannot control the information provided by other Users which is made available on the Site. 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 Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
(g) By using CarTrade and filling any form on our site, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status.
(a) If you breach the User Agreement or the documents it incorporates by reference;
(b) If CarTrade is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you, other Users or CarTrade; or
(d) If you breach any term on the Site or Privacy policy or any applicable law/notification.
CarTrade 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 CarTrade or use the Site in any manner whatsoever until such time that such User is reinstated by CarTrade. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, CarTrade reserves the right to recover any damages and amounts due and owing by you to CarTrade and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
(b) Used cars listed on CarTrade for sale may be purchased by individuals for own use only. These cars may not be purchased by dealers, brokers, or any other business entity and such a purchase would constitute a violation of the terms and conditions of CarTrade.
(c) It is not permitted to submit a lead or to enquire against a used car listing on CarTrade for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on CarTrade by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another site, brokering, match-making with other buyers, or purchase for resale.
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/o
(ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that CarTrade shall not 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 (even if CarTrade has been advised of the possibility of such damages).
