THESE WEBSITE TERMS OF USE ("Terms Of Use") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
This Terms of Use 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 Website (defined below).
Entire Agreement: These Terms of Use together with below listed documents/policies (without limitation) available either at Website or entered separately by drive360 with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Website, constitutes the entire agreement ("Agreement") between drive360 and You.
You acknowledge and agree that Your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR LISTING ANY ITEM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
drive360 use third-party service providers to assist drive360 in improving our Services and Website and to monitor our Users� interests and activities. You hereby authorise drive360 and/or third party service providers engaged by drive360 to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to Your use of the Website for the purpose of data analysis and for improving Your experience on the Website. You acknowledge that this is solely undertaken by drive360 to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of drive360 and/or third party service providers.
drive360 shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.
drive360 provides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by drive360 and who wants to explore the more options before concluding their transactions. Among other services and information, drive360 may provide any or all the below listed services to the Users:
i. Website may provide the information on new cars or upcoming cars including without limitation price, specifications, dealer locations etc.
ii. drive360 will provide services to research cars, prices, technical specifications, other car attributes, and warranty and road side assistance.
iii. The services can include listing of your used cars, online or browsing through the list of used cars listed by Users of drive360. Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, services to other Users of the Website. drive360 makes no claims that the any such information / data as available is accurate or applicability of the information to any specific situation.
iv. drive360 may also provide the user the ability to send SMS to the user's top callers or send an email to the users friends letting them know about the service.
v. Website may provide certain Features, Content ("Features" and "Content" are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.
vi. Website may provide the facility to the Users for their engagement for buying and selling the various products under the Terms of Use.
vii. Website may also provide information on additional products of third party e.g. banks, financial institutions, insurance company, dealers etc. pertaining to loan, insurance, and other services ancillary and incidental thereto.
viii. drive360 may also provide services towards facilitation of sale and purchase of Your used car to used car dealers and other services ancillary and incidental thereto including without limitation inspection and price discovery/valuation of Your used car.
All the above listed services are provided at the sole discretion of drive360, and You acknowledges and agree that drive360 can add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
User may access to the Website or other information and material as available on the Website, as a guest user, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information available on Website for all users (called �guest user�) who do not need to register or create any account on Website. However services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create account on Website or provide certain personally identifiable information.
To avail the certain features, not available for Guest User, You need to register / create an account by providing certain details e.g. Your name, contact details, email id etc. ("Your Information"). Once You register with Website and provide Your Information and complete the process of registration, drive360 set up an account by providing login id and password ("Your Account") which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, drive360 recognize You as a registered user (Registered User) and You can login into Your Account and avail the Services and access to other features and information not available to guest users.
If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
You agree that when You provided Your Information while registering/creating Your Account with Us, You shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user�s account. drive360 may suspend/delete Your Account or can limit/deny the access to the Website or Services, any time, if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user�s account.
You agree that collection, storage, sharing or disclosure of Your Information that You provide to Us either as a guest user or Registered User or otherwise shall be governed by the Privacy Policy of drive360, incorporated herein by way of reference.
Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. drive360 does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.
You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not drive360, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.
drive360 may from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
It is clarified that any Scheme provided by the drive360, unless otherwise provided, shall not be clubbed or combined with any other scheme available on Website. Further to this, drive360, depending upon the different circumstance, may suspend/cancel/vary the Scheme without any notice.
When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and drive360 shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.
If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. drive360 is not and shall not be obliged to provide any such additional services. drive360 only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.
drive360 strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by drive360 and/or Seller. Please be aware that even if you do not give drive360, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
Only individuals are permitted to purchase any used cars listed for sale on Website, provided that use of such used cars thereafter is restricted to their own use only. Dealers, brokers, any other business entities or any other person (except for individuals expressly permitted as above) must not purchase any such Used cars and any such unauthorized purchase shall constitute a breach of this Agreement.
You may list or provide the details of cars (used/new) for selling to the prospective buyers as a Registered User of the Website.
You must be legally able to sell the car(s) you list for sale on Our Website. Listings may only include text descriptions, graphics and pictures that describe your car for sale. All listed cars must be listed in an appropriate category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the car listing or elsewhere on the Website is expressly prohibited and would be considered as a breach of this Agreement. All listed cars must be kept in stock for successful fulfilment of sales.
The listing description of the car must not be misleading and must describe actual condition of the product. If the car description does not match the actual condition of the car, You agree to refund any amounts that You may have received from the Buyer.
You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement. In any such case, drive360 may suspend Your Account or permanently debar You from accessing the Website.
As a Seller you certify that all information provided by you against your listed car is true.
Dealers must should refrain from bribing/corrupting with any of the drive360’s employees or customers for undue benefit. Any such action will lead to suspension of Account and termination of Services.
Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.
drive360 reserves its right to screen the listing of cars before publishing the same on the Website. This screening process is initiated from time to time to ensure the authenticity of the details posted by Seller. This screening may take some time and therefore listing of Seller car may be delayed. If at any time, in sole discretion of the drive360, drive360 determines that the particulars of the car is misleading or not accurate, then drive360 may remove such listing from the Website and can further take appropriate actions against the Seller.
License and Website Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, drive360 grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website, subject to the following conditions:
Modification: All information available on Website is made available to You on best efforts basis, however, drive360 does not guarantee nor assume any responsibility for the correctness of such information/data. drive360 reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information (including without limitation pricing, description and any other information etc.) is found to be not up to date or incorrect, drive360 reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that drive360 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
From time to time Website may supplement its terms of use with Additional Terms pertaining to specific content. Such Additional Terms are hereby incorporated by reference into these Terms of Use.
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 drive360 shall be subject to the exclusive jurisdiction of courts at Jaipur, Rajasthan, India.
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 drive360soft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 'drive360' 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.drive360.in 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.