These are the terms and conditions governing your use (hereinafter referred to as the "TERMS & CONDITIONS OF USE") of the website - www.carbiz.in (hereinafter referred to as the "Website") and your binding obligations towards M/s. Pitstop Services Private Ltd. (hereinafter referred to as "Carbiz"):
1. This Agreement is effective upon your acceptance while Registering yourself as a New User and presumes your having read and accepted in totality the TERMS & CONDITIONS OF USE.
2. Carbiz may amend the TERMS & CONDITIONS OF USE at any time by posting the amended TERMS & CONDITIONS OF USE on the Website. All amended TERMS & CONDITIONS OF USE shall automatically become effective seven days after they are posted on the Website and any subsequent use of the Website shall be governed by such amended TERMS & CONDITIONS OF USE. All users - Registered or otherwise are advised to regularly check for any amendments and/or updates to the TERMS & CONDITIONS OF USE and keep themselves updated of the same. The TERMS & CONDITIONS OF USE have been made on May 1ST, 2010.
3. If any provision of these TERMS & CONDITIONS OF USE or the application thereof to any person or circumstance becomes invalid or unenforceable to any extent due to any change in law or otherwise, the remainder of these TERMS & CONDITIONS OF USE and application of such TERMS & CONDITIONS OF USE to the persons or circumstances other than those to which it is held invalid or unenforceable, shall not be effected thereby and each provision of these TERMS & CONDITIONS OF USE shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of these TERMS & CONDITIONS OF USE shall be replaced with a provision, which is valid and enforceable and most nearly reflected the original intent of the invalid or unenforceable provision. Each right, power and remedy provided for herein or now or hereafter existing by law, inequity by law or otherwise shall be cumulative, and the exercise or the forbearance of exercise by either party of one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of all or of all such other rights, powers or remedies.
4. You must read, agree and accept the terms contained in this TERMS & CONDITIONS OF USE and Carbiz's Privacy Policy & Disclaimer, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a Registered member of the Website. Pease note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree and accept all terms mentioned therein.
5. Membership Eligibility: Use of the Website is available only to persons who are competent to enter into a legally binding contract under the Applicable laws. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to - Minors, persons of unsound mind, Un-discharged insolvents etc. are not eligible to use the Website. The Website is not available to persons whose Membership has been suspended or terminated by the Website. If you are Registering on behalf of or as a Business entity (Sole Proprietorship, Partnership, HUF or a Private/Public limited company), you represent that you have the appropriate written authority and have been so Authorized to bind the entity to these TERMS & CONDITIONS OF USE.
6. Your account and registration obligations: If you use the Website, you alone are responsible for maintaining the confidentiality of your Account and Password and for restricting access to your computer, and you agree to accept complete and full responsibility for all activities/transactions/payments/purchases and sales that occur within and under your Account or Password.
7. You agree to:
(a) Provide true, accurate, current and complete information about yourself and/or the Business entity (Sole Proprietorship, Partnership, HUF or a Private/Public limited company) you represent and are authorised to represent as prompted by Carbiz'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 Carbiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the TERMS & CONDITIONS OF USE, Carbiz has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
8. Electronic Communications: When you visit the Website 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 Website. You agree that all Agreements, Notices, disclosures and other communications that we provide to you electronically by way of email or posting on the website shall be deemed to have been served upon you in writing and the same shall be conclusive proof of completion of written communication from us to you for all legal purposes.
9. Fees and Services
a) Processing fees for Annual membership: All Registering members are granted annual membership, which may be renewed every year by Carbiz at its discretion on members paying the appropriate processing fee. Processing fees are payable both at the time for Registration by New members and at the time of processing renewals of existing members at the end of their annual membership period. Processing fees payable for processing New Registrations as well as renewals of annual membership will be as per the Schedule of Processing fees for Annual membership for various categories of Registered members, details whereof are hereby incorporated by reference into these TERMS & CONDITIONS OF USE. Carbiz, does not charge any fee for visitors browsing the Website. Carbiz reserves the right to waive/change/amend any processing or other fees as it deems fit and is not liable to make this information public. All users are requested to review the same and satisfy themselves with regard to our applicable fees structure.
b) Transaction Fees: Carbiz only permits Registered members to transact on the website. Carbiz charges a transaction fee from Buyers and/or Sellers of Products/Services as available on the Website. Transaction fees payable by different categories of Registered members for different types of transactions they may undertake. The Transaction Fees is a fee payable by the Buyers/Sellers to Carbiz for facilitating the Purchase/Sale transaction between them. Carbiz reserves the right to waive/change/amend any fees or otherwise as it deems fit and is not liable to make this information public. Before you transact through the Website, we request you to review the same and satisfy yourself with regard to our applicable transaction fees structure.
c) Earnest Money: In addition to the Transaction Fees (which are fees payable to Carbiz), in order to facilitate the Purchase/Sale transaction between Buyer & Seller, Carbiz collects certain payments from the Buyer on behalf of the Seller i.e. Earnest Money as a token of confirmation of the Purchase/Sale. Carbiz collects Earnest money or the partial Sale proceeds from the Buyer on behalf of the Seller of the Product/Services; the details whereof are mentioned. Carbiz reserves the right to change/amend the quantum of Earnest Money as it deems fit and is not liable to make this information public. Before you transact through the Website, we request you to review the same and satisfy yourself with regard to our applicable payment procedure/structure.
d) Carbiz however, reserves the right to change/amend the same at any time. In particular, Carbiz may at its sole discretion introduce new Services and modify some or all of the existing services offered on the Website. In such an event Carbiz reserves the right to introduce Fees for the new services offered and/or amend/introduce fees for existing services, as the case may be.
e) Procedure for Payment
(i) Registered Members (Individuals): Whenever Individual Registered users, wish to transact (Purchase/Sell or enquire) on the website they have to pay the applicable fees - Processing/Transaction fees or applicable Earnest Money to Carbiz through the online payment gateway facility. The use of the online payment gateway are subject to additional terms and conditions which can be reviewed here. These additional terms and conditions are hereby incorporated by reference to the TERMS & CONDITIONS OF USE. Such Fees or Earnest money are payable immediately to initiate the transaction.
(ii) Completion of Sale/Purchase transaction: Where Carbiz has collected Earnest money from the Buyer on behalf of the Seller, the onus of completion of the Purchase/Sale shall lie with both the Buyer & Seller and both parties shall endeavour to complete the transaction, as per the agreed terms that have been accepted and agreed by both, within 10 days of booking of the transaction on the website. Both the Buyer/Seller undertake to keep Carbiz indemnified against any claim, loss, harm, injury etc. with regard to the Transaction. It is understood by both the Buyer and Seller that the transaction fee paid by them to Carbiz is non-refundable and as such a dispute arising between the Buyer & Seller resulting in the cancellation of the transaction will not mean that transaction fees paid by the Buyer/Seller to Carbiz is refundable. In case of a dispute between the Buyer and Seller for whatever reason, Carbiz shall endeavour (but shall not be obligated to) to settle the dispute between the Buyer & Seller and if the same is not resolved within 10 days, the transaction shall be cancelled and the earnest money paid by the Buyer shall be refunded by Carbiz to them. Further it is clearly understood that the Earnest money paid by the Buyer and collected by Carbiz on behalf of the Seller shall be credited by Carbiz into the account of the Seller only upon the Seller providing proof that the Product/Services sold have been properly delivered to the Buyer. Further the Seller has to collect the Sale proceeds less Earnest money directly from the Buyer at the time of delivering the Product/Service. Carbiz has no control over this process and as such makes no claims, warranties etc to either the Buyer or Seller and take no guarantees etc with regard to the transaction. The Seller and Buyer are advised to use their common sense and take due precaution as they deem fit.
(iii) Unless otherwise stated, all Fees are in Indian Rupees. You are responsible for paying all fees associated with the use of the Website and you agree to bear any & all applicable taxes, charges etc. levied thereon.
iv. Carbiz reserves the right to issue a warning, temporarily / indefinitely suspend or terminate, or blacklist your membership and refuse to provide you with access to the Website in case it finds that transactions involving you as a Seller or Buyer are getting cancelled on account of any reason, including but not limited to poor customer service, cantankerous & nitpicking behaviour. Carbiz also reserves the right to take legal action in case of non-payment of fees by you to Carbiz. In any circumstance, the decision with regard to terminating your membership is solely with Carbiz and its decision in this regard shall be final and binding and you agree to accept the same and not raise any disputes with regard to the same.
10. Use of the Website: You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
(a) Information provided by you at the time of Registration, buying a product or service, listing for sale a product, or information provided in the Feedback area or through any emails is defined as "Registration data". You alone are solely responsible for your Registration data, and Carbiz acts merely as an electronic passive conduit for the online distribution and publication of your Registration data.
(b) You ensure that your Registration data:
(i) Shall not be false, inaccurate, incomplete or misleading;
(ii) Shall not be fraudulent or involve the Sale of counterfeit or stolen products and/or illegal / immoral services;
(iii) Shall not infringe any third party's intellectual property, trade secret, confidential information or other proprietary rights or rights of publicity or privacy;
(iv) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product / service, 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 enable Carbiz to use the information you supply us with, and so as to ensure that we do not violate any rights you might have with regard to your Registration data, you unequivocally agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, exercise the copyright, publicity, and database rights you have in your Registration data, in any media, now known or not currently known, with respect to your Registration data. Furthermore you permit us to share the same with people you transact with to facilitate completion of such transactions. Carbiz will however only use your Registration data in accordance with the TERMS & CONDITIONS OF USE and Carbiz's Privacy Policy.
(d) You represent and confirm that you are the sole and exclusive legal owner of the Product(s) that you wish to offer for sale on the Website or have the complete right of ownership vested in you by the Legally authorised owner/seller in writing and you have the authority to deal in and offer such products for sale. You will be solely responsible to prove your ownership of such product, if required by the Buyer or Carbiz.
(e) In the event that any transaction or attempted transaction relating to any product or service, which is violative of these TERMS & CONDITIONS OF USE or applicable laws, comes to your knowledge, you will immediately take all steps to inform Carbiz of the same. You may contact Carbiz by sending an urgent email to contactus@carbiz.in
(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any product or services being sold or purchased on the Website.
(g) You shall be solely responsible for providing information relating to the products and/or services proposed to be sold by you. You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of Products and/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 / Sale process, anywhere on the Website including the feedback area, discussion forum or through any e-mail feature, other than the specified place in the form. If you do so, Carbiz will delete such entries/listings without informing you and you will not be entitled to a refund of any transaction fees you may have paid for such entries/listings.
(i) You undertake not to involve yourself, or form a group, organisation, association or union, in any activity which defeats or circumvents the process of ecommerce executed on the website, or attempts to do so, so as to cause wrongful loss to the website and/or its users; or wrongful gain to you or any other third person.
11. Platform for Communication: The Website is only a venue where Registered users may meet and interact with one another for gathering information or transacting amongst themselves. Carbiz is not a party to or in control of, in any manner, of any transaction between two users of the Website. Consequently:
(a) Carbiz is not responsible for any non-performance or breach of any contract entered into between Users / Buyers / Sellers. Carbiz cannot and does not guarantee that the concerned Users / Buyers / Sellers will perform any contractual obligations with respect to any transaction booked on the Website. Carbiz may at its sole discretion, but without any obligation to do so, mediate between or try to resolve any dispute or disagreement between Users / Buyers/ Sellers.
(b) Carbiz does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the Products or Services proposed to be sold or purchased on the Website. In particular, Carbiz does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Carbiz also does not implicity or otherwise endorse the creditworthiness / intent / dependability etc. of the Buyer and makes no representation or warranty in this regard. Carbiz accepts no liability for any errors or omissions, be it on behalf of itself, third parties or other users / Buyers / Sellers.
(c) Carbiz does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users / Buyers / Sellers. You are advised to independently verify the bonafides of any particular User/Product/Service that you choose to deal with on the Website and use your best judgment in this regard.
(d) The Website is a channel of communication whereby the Users/ Buyers / Sellers can reach a larger base to Buy / Sell products and/or Services. Carbiz is only providing a platform for communication and you agree that the contract for sale of any of the Products or Services will be a strictly bipartite contract between the Seller and the Buyer only. At no time will any right, title, responsibility, accountability or interest over the Product/Service vest with Carbiz nor will Carbiz have any obligations or liabilities in respect of such contract. Carbiz is not responsible for unsatisfactory performance of Product or delayed performance of Services or damages or delays as a result of Products which are out of stock or otherwise unavailable or on account of delay in providing the Services. All Products are offered only for a restricted time and only for the available supply. All Services are offered for sale on a best effort basis and subject to Force majeure.
(e) Where not clearly mentioned, the Buyers & Sellers shall independently agree upon the manner and terms & conditions of Delivery, Payment, Insurance and any other terms etc. with the other registered Users that they transact with. Both parties specifically undertake to keep Carbiz indemnified from any claims with regard to any transaction - users / buyers / sellers undertake.
(f) You release and indemnify Carbiz 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 Website and specifically agree not to raise any claims in this regard under any applicable law. Notwithstanding its reasonable efforts in this regard, Carbiz cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading practices when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretences.
12. Privacy: We do not sell your personal information to third parties for their marketing purposes without your explicit consent and we only use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your personal information is one of our most important assets.
13. Breach: Without limiting other remedies, Carbiz may limit your activity, immediately end your listing, warn other Users of your actions, temporarily / indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website:
(a) If you breach the TERMS & CONDITIONS OF USE; or
(b) If on Carbiz's demand you are unable to verify or authenticate any information you provide in the Registration data; or
(c) If it is believed that your actions may cause legal liability for you, other Users or Carbiz; or
(d) If your language, behaviour or activities on the website are found to be annoying, abusing, irresponsible, obscene, bigoted, derogatory, defamatory, anti-social or of similar nature.
(e) If you are found to be involved in spamming, phishing, hacking or any other illegal activity of similar or other nature.
(f) If it finds that transactions involving you as a Seller or Buyer are getting cancelled on account of any reason, including but not limited to poor customer service, cantankerous & nitpicking behaviour.
Carbiz 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 Carbiz or use the Website in any manner whatsoever until such time that such User is reinstated by Carbiz. Notwithstanding the foregoing, if you breach the TERMS & CONDITIONS OF USE or the documents it incorporates by reference, Carbiz reserves the right to recover any amounts due and owed by you to Carbiz and to take strict legal action including but not limited to a referral to the Cyber Crime Division/initiating criminal proceedings against you.
14. Buying: Carbiz strongly advises you not to test the website 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. Wilfully entering erroneous or fictitious purchase request may result in prosecution by Carbiz. Please be aware that even if you do not give Carbiz 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 Seller you certify that all information provided by you against your listed Product/Service is true and accurate.
15. Selling: As a Registered member, you may list a Product and/or Service for sale on the Website. You must be legally able to sell the Product and/or Service that you list for sale on our Website. Listings may only include text descriptions, graphics or pictures that describe your Product / Service for sale. All listed products 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 other than in the Form at the appropriate place is expressly prohibited and is a breach of the TERMS & CONDITIONS OF USE. All listed Products must be kept in stock for successful fulfilment of Sale Transactions. The listing description of the Product / Service must not be misleading and must describe actual condition/performance of the Product / Service.
16. Affiliates: Affiliates are Individuals and/or Companies who are business associates of Carbiz and promote Carbiz's produtcs and services. Relationship with Carbiz: Under no circumstances shall the relationship between an Affiliate and Carbiz be deemed to constitute a Partnership, Agency or Master-Servant relationship. Carbiz will not be responsible for the consequences of any commitments / promises etc. made by an affiliate to any Registered user.
17. No Warranty: Carbiz and its suppliers provide the Website and services on a "as is" basis 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 Website is at your sole risk.
18. Limitation of Liability: In no event shall Carbiz, it employees, Directors 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 tangible/intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). Carbiz's liability in any circumstance is limited to a maximum of the amount of Transaction Fees, if any, paid by the Registered user to Carbiz. Carbiz, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness, current status, expiry status and / or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or be uninterrupted. Consequently, Carbiz assumes no liability whatsoever for any monetary or other damage suffered by you on account of;
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or
(ii) Any interruption or errors in the operation of the Website.
19. Indemnity: You agree to indemnify and hold indemnified Carbiz and as applicable - their employees, Directors, subsidiaries, affiliates, officers and agents, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of the TERMS & CONDITIONS OF USE or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
20. Relationship and Notice: None of the provisions of the TERMS & CONDITIONS OF USE shall be deemed to constitute a partnership, agency, or master-servant relationship between you and Carbiz and you shall have no authority to bind Carbiz in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to www.carbiz.in c/o Pitstop Services Private Ltd. Ltd., B-191, The Icon, DLF Phase 5, Gurgaon 122002, Haryana (in the case of Carbiz) or to the email address you provide to us in the Registration data during the registration process (in your case). Notice shall be deemed served 24 hours after email is sent, unless the sending party has 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 in the Registration data during the Registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
21. Arbitration: If any dispute arises between you and Carbiz during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the TERMS & CONDITIONS OF USE, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Carbiz. The place of arbitration shall be Gurgaon. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
22. Governing Law & Jurisdiction: The User Agreement shall be governed and construed in accordance with the laws of India and the courts at Gurgaon shall have jurisdiction.
