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Terms And Conditions

Welcome to India’s Premier Automotive Portal. Thank You for showing interest in our services. By using any of our services, you are confirming that you have read as well as agree to abide all the below explained terms and conditions of the website. These constitute your binding obligations towards Victorious Managers’ Group (Private) Limited. This agreement is effective upon acceptance in registration for new registering members. CarEager.com (hereinafter referred to as “Site”) reserves the right to withdraw and/or alter any of the terms and conditions at any time. In addition, it will publish changes online in the forum named ‘CarEager Bulletin’ of the website. Users are advised to regularly check for updates to the terms and conditions contained in this Visitor Agreement. You must read, agree and accept all of the terms and conditions contained in this Agreement and CarEager’s Privacy Policy.

INTELLECTUAL PROPERTY

The name ‘CarEager’, Victorious-Managers’ and their respective logos are trademarks that belong to either Victorious Managers Group (Private) Limited or the first directors. It is reserved for use by Group companies, subsidiaries or partners that have a written agreement with us that specifically authorizes Intellectual Property use.

End user is not permitted to alter, modify or derive any content using the website & the platform. User shall not attempt to find/expose the source code underlying CarEager’s intellectual Property.

VM trademarks may not be used in a manner likely to mislead consumers as to someone’s relationship with the group. Any use of VM trademarks that is likely to confuse or mislead the public is prohibited.

SECURITY BREACH

CarEager may limit your activity, end your listing, warn other Users, temporarily/indefinitely suspend or terminate your membership, and/or lock your IP address from accessing the site:

If youbreach any term on the CarEager.com’s website or Privacy Policy/T&C or any applicable law.

If CarEager is unable to verify or authenticate your identity.

If you breach any of the above mentioned or related term, CarEager.com reserves the right to recover any damages due and owing by you to CarEager.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

Also, you agree to indemnify and hold CarEager or its parent, subsidiaries, officers, directors, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of or in connection with your breach, your use of the Site or your violation of any law or the third party rights.

MEMBERSHIP QUALIFICATION

Site is available only to people who can form legally binding contracts with. People who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, etc. are not eligible to use the website. Membership may be temporarily suspended or even terminated by CarEager.

USER ACCOUNT OBLIGATIONS

Members are responsible for maintaining the confidentiality of credentials like email id, user id, Password, etc. and for restricting access to your computer, and you agree to accept responsibility for all the activities that occur under your account or Password. You agree to:

(a) Provide true, accurate, current and complete information about yourself while registering.

(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, CarEager has the right to indefinitely suspend or terminate the membership or even IP lockout.

CONTENT/SERVICES

CarEager reserves the right to modify, suspend/cancel, or discontinue any or all sections or services at any time without notice. CarEager reserves the right to make modifications and alterations in the information contained on the Site without notice. You agree that CarEager shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Site. From time to time CarEager may supplement its terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

COMMUNICATIONS

The mode of communication of CarEager with the users is mainly electronic. We will communicate with you by email or by posting in the forum named ‘CarEager Bulletin’. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be.

SUBSCIPTION AND SERVICES

Membership on the CarEager.com is free. We do not charge any fee for browsing or single vehicle listing. Special listing fees are charged to sellers who use the special listing feature(s) for listing their cars. Before you list a car for sale, we request you to review our fee, which is hereby incorporated by reference into this User Agreement. However, CarEager.com reserves the right to change its fee charging and credit policies from time to time. In particular, CarEager.com may introduce new services and modify some or all of the existing services offered on the site. In such an event CarEager.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee charging and credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. User is responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. CarEager.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees within a certain period of time. CarEager.com also reserves the right to take legal action in case of non-payment of fees by the user.

USE OF THE SITE

You agree & unequivocally, undertake and confirm that your use of Website, shall be strictly governed by the following binding principles:

(a) “Your Information” is defined as any information you provide to us or to the other members of the Site in the registration, buying or listing process, in the feedback area or through any e-mail. You are solely responsible for the information, and we act as a passive conduit for your online distribution and publication of Your Information.

(b) Your Information/details of the cars you list on CarEager:

Shall not be false, inaccurate or misleading;

Shall not be fraudulent or involve the sale of counterfeit or stolen cars; shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and 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 our services and agree that we are not violating any rights you might have in the 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 you have in the information, in any media now known or not currently known, with respect to Your Information. CarEager.com will only use the Information in accordance with the user agreement and CarEager’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 CarEager.com 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 CarEager.com) and that you will always be compliant with the CarEager.com’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 shall have complete rights with respect to such cars, goods or products bestowed on you by the legal owner of such cars, goods or products in writing and you will have the full authority in law to dealing 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 against this agreement or applicable law comes to your knowledge, you shall take all steps to inform CarEager.com of the same. You may contact us through mail: [email protected]

(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 CarEager.com.

You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display, upload, modify, publish, transmit, update or share any information that –

1) belongs to another person and to which you do not have any right to;

2) 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;

3) may harm minors in any way;

4) violates any law for the time being in force;

5) deceives or misleads CarEager.com, Site and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

6) impersonate any other person;

7) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

8) Threatens the unity, integrity, defense, 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.

LINKS TO OTHER SITES

At various places, site contain hyperlinks to websites operated by third parties. CarEager, its members or associates do not provide any warranty in respect of the authenticity of the content of those sites. A link to another site is not an endorsement of any product/service on that site. User shall be solely responsible for any of the consequences that may arise out of the use of such links.

BUYING

Placing fake purchase requests on website is a serious crime and will definitely put you on personal legal risk. It may even lead to prosecution by CarEager. Even if the name is fake, our IT experts are well capable of tracing the user location which can be used by law enforcement officials for identification.

SELLING

Listings include text, images, graphics, etc. for description of the vehicle. Listed cars must be listed in an appropriate section (“Submit vehicle”) on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the car listing or elsewhere on the Site other than in the Sell Car Form is expressly prohibited and would be considered as a breach of this agreement. All listed cars must be kept in stock for successful fulfillment of sales. The listing description of the car 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. Individual seller can list one car at a time and needs to make us aware of its status.

LIMITED LIABILITY

CarEager, its partners/members & suppliers are not liable for any incidental, direct, indirect or special damages including loss of goodwill, profits, etc. arising in connection to our services or reviews. CarEager and its IT professionals are not liable for accuracy, reliability, timeliness or completeness of content and communication provided on the website or that the operations will be error free/uninterrupted. CarEager is not liable for any failure, delay or interruption while using the website.

NO COMMITMENT

CarEager.com, its partners/members provide the Site and services “as is” and without any warranty, condition, express, implied or statutory & specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Use of the website is at user’s own risk.

PRIVACY

We only use/disclose your Information as described in our Privacy Policy. We do not disclose your personal information to third parties, without your explicit consent and we view protection of Users’ privacy as an essential principle. We understand clearly that you and your information is one of our most important assets. You acknowledge and agree that Your Information and including any personal information would need to be provided by you to other Users through the Site when you seek to transact with such Users on the Site. You further agree that we have no control over the recipient Users of Your Information since such Users are selected by you when you choose to interact or transact with them.

ARBITRATION

The arbitration proceedings shall be governed by ‘The Arbitration & Conciliation Act, 1996’. The dispute shall be referred to a sole arbitrator who’ll be an independent third party, identified by CarEager or Victorious Managers’ Group.

Roadside Assistance

In case our mobile phone application user becomes immobilized anywhere on road due to vehicle breakdown, we assist by providing information about nearest service providers, or by requesting our partner service providers to help. We use our own system which utilizes Global Positioning System (GPS), Integrated chat, SMS system, etc. All services and conditions related Roadside Assistance service are described below:

Coverage is limited to small/medium size passenger cars only. Exclusions: Vehicles having load capacity greater than 0.7 ton or greater designed for, two wheelers, emergency vehicle, any automotive used for hire, towing, farming or construction service. Neither CarEager (Victorious Managers’ Group), nor the other car service providers, are responsible for any delay, omission, or any other issue related to this service.

This doesn’t cover any cost related to towing, parts, replacement keys, lubricants, repair, fluids, labor charges of products or services, etc. Service is void in case of emergencies resulting from the use of narcotics, drugs, alcohol, etc. Roadside Assistance service operates through a network of partner auto service providers. And we’re not responsible for the acts/behavior of owners or employees of those service providers.