Terms of Use
SaleGaadi (hereinafter referred to as “SaleGaadi” or “We” or “Us” or “Our”) welcomes you to www.salegaadi.in for buying, selling and auctioning of new and used vehicles/equipment; valuation of used vehicles/equipment and other products as offered by SaleGaadi and its Affiliates, permitting third party advertisements, etc.
“Affiliates” means SaleGaadi’s wholly owned subsidiaries, subsidiaries, associate companies or a joint venture, partnership or corporation that directly or indirectly controls, is controlled by or is under common control of or with SaleGaadi or SaleGaadi’s wholly owned subsidiary. The term "control" (including the terms "controlled by" and "under common Control with") shall have the definition as provided under the Companies Act, 2013.
This Terms of Use or User Policy is an electronic contract under the Information Technology Act, 2000 and Rules made thereunder, and the relevant amendments made thereon. This Terms of Use does not require any physical, digital, or electronic signature. This Terms of Use is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires intermediaries to publish the rules and regulations, Privacy Policy and Terms of Use for access or usage of its computer resource by any person. The website 'www.salegaadi.in' is owned by SaleGaadi, a company incorporated under the Companies Act, 1956 with its registered office at Hallen,Bagnan Howrah, WestBengal, India – 711 315.
This Terms of Use is available at 'www.salegaadi.in', its mobile site and on “SaleGaadi” mobile applications (individually and collectively referred to as “Website/Mobile Application”).
This Terms of Use is between SaleGaadi and “You” or “User” which terms shall mean any natural or legal person who uses the Website/Mobile Application. SaleGaadi does not allow any User to undertake transactions (including, without limitation, offering vehicles for sale, participating in auctions or making purchases), without registration on the Website/Mobile Application. The Terms of Use describes the terms on which SaleGaadi offers the User access to the Website/Mobile Application for availing services and buying/selling products, and activities which are incidental and ancillary thereto (hereinafter, "Services", and more particularly defined below).
1. ACCEPTANCE OF TERMS OF USE:
a) Your use of the Website/Mobile Application and Services and tools are governed by this Terms of Use, including the applicable policies, such as, without limitation, the Privacy Policy, which are incorporated herein by way of reference. If You transact on the Website/Mobile Application, You shall also be subject to the policies that are applicable to the Website/Mobile Application for such transactions. By mere use of the Website/Mobile Application, You shall be contracting with SaleGaadi. This Terms of Use (including the policies) constitute Your binding obligations with SaleGaadi.
b) This Website/Mobile Application is an e-commerce entity providing both an online marketplace and an inventory-based e-commerce platform for buying, selling, and auctioning used vehicles / equipment and allied/ancillary services. Use of the Website/Mobile Application and Mobile Application is governed by this Terms of Use.
c) Every User of the Website/Mobile Application and Services provided hereunder is also bound by the Privacy Policy of SaleGaadi, specific terms and conditions governing individual sale transactions or the auction process, terms of sale, and terms imposed by mobile application stores such as Apple’s iTunes, Android’s Play Store etc., and all Information Technology-related policies adopted by SaleGaadi in compliance with the regulations of the Reserve Bank of India, all of which are deemed to be incorporated in this Terms of Use by way of reference.
d) The Website/Mobile Application and the intellectual property attached to the Website/Mobile Application belong exclusively to SaleGaadi. Any trademarks used on the Website/Mobile Application but belonging to a third party shall remain the property of that third party.
e) If User is dissatisfied with any portion of the Website/Mobile Application or any provision of this Terms of Use, the User's sole and exclusive remedy is to discontinue the usage of the Website/Mobile Application.
f) The User is confirming that he/she has fully read this Terms of Use of the Website/Mobile Application and agrees to abide by the same. This Terms of Use shall be effective as soon as the User accesses the Website/Mobile Application or any portion of the Website/Mobile Application. Every login, or making a bid, or making use of any of the Services on the Website/Mobile Application shall be considered as the re-affirmation to the terms of this Terms of Use.
2. AMENDMENTS TO TERMS OF USE:
a) SaleGaadi is entitled to amend any provisions of this Terms of Use at any time by posting a revised version on the Website/Mobile Application, which will become effective from the time of such post. User is advised to regularly check for any amendments or updates of this Terms of Use.
b) If the revised version of this Terms of Use includes a Substantial Change, SaleGaadi will provide User with 5 days' prior notice of the same. "Substantial Change" means a change to the terms of this Terms of Use that reduces User's rights or increases User's responsibilities.
c) Communication by email/SMS or by notice on the Website/Mobile Application shall constitute adequate service of notice and shall be deemed to satisfy any legal requirement that such communication be in writing.
d) If any clause of this Terms of Use 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 Terms of Use.
3. GENERAL INFORMATION:
a) Eligibility to use the Website/Mobile Application: The Website/Mobile Application shall be used only by the persons who can form legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, minors, etc. are not eligible to use the Website/Mobile Application. If you are a minor i.e under the age of 18 years, You shall not register as a User of the Website/Mobile Application and shall not transact on or use the Website/Mobile Application. As a minor if You wish to use or transact on the Website/Mobile Application, such use or transaction may be made by your legal guardian or parents on the Website/Mobile Application. If the User is a business entity, the person who is using this Website/Mobile Application on behalf of the business entity shall be deemed to be considered as having authority to bind the entity to this Terms of Use.
b) SaleGaadi reserves the right to terminate your membership and/or refuse to provide You with access to the Website/Mobile Application if it is brought to SaleGaadi’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 a contract as per the Indian Contract Act, 1872 or any other laws applicable in India. The Website/Mobile Application shall not be used by persons whose membership has been suspended or terminated by SaleGaadi. Furthermore, SaleGaadi 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.
c) Authorization to communicate: A User by registering with the Website/Mobile Application authorizes SaleGaadi and its current, future Affiliates/ partners to communicate with him/her via SMS, Email, Phone, or any other means to offer the User product information and offering promotional schemes listed on the Website/Mobile Application regardless of their do not disturb status.
d) SaleGaadi may offer User/s, dealers or third-party service providers improved visibility for their listings on the Website/Mobile Application and other benefits as per the terms and conditions of any scheme it launches from time to time.
4. USER OBLIGATIONS AND GUIDELINES:
a) Profile Details: User shall provide, maintain, and promptly update true, accurate, current, and complete information such as name, date of birth, contact number, address, password ("Profile Details"). A Login ID and password for User's account will be created by User and the same shall be used for all further transactions. After the creation of the User account, such User will be considered a "Registered User" of the Website/Mobile Application.
b) Registered User: A Registered User may transact on the Website/Mobile Application as seller or buyer or both. Registered Users making a purchase on the Website/Mobile Application shall be referred to as the “Buyer” and a Registered User selling their vehicles/equipment by listing them on the Website/Mobile Application shall be referred to as a "Seller". A Buyer can access the Website/Mobile Application immediately after registration whereas a Seller shall have to provide more details in relation to the vehicle/equipment to be sold through this Website/Mobile Application. On completion of registration, a Seller shall receive an email and SMS stating that a SaleGaadi field executive will visit the Seller within the next twenty-four (24) hours to collect all relevant documents like KYC, address proof, PAN card copy, and other necessary documents (such documents/information being the "Registration Data") A Registered User is responsible for maintaining the confidentiality of Login ID and Password. The Registered User shall provide true, accurate, current, and complete Registration Data.
c) All communication shall be electronic: The User hereby consents to receive communications electronically. The User shall communicate with SaleGaadi by email or by posting notices on the Website/Mobile Application. The User agrees that all the notices, disclosures, agreements, and other communications that SaleGaadi shall provide to the User in the electronic mode shall satisfy any legal requirement that such communications be in writing.
d) Content Guidelines: The User agrees, undertakes, and confirms that while providing his/her information on the Website/Mobile Application, the User shall not upload, display, host, publish, modify, update, transmit or share any information that:
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to a child/children;
(iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource; or
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(xi) harasses or advocates harassment of another person/User on the Website/Mobile Application;
(xii) infringes upon or violate any third party’s rights, including intellectual property rights, rights of privacy (including, but not limited to, unauthorized disclosure of a person’s name, email address, physical address or phone number);
(xiv) interferes with another User’s use and enjoyment of the Website/Mobile Application.
e) The User of this Website/Mobile Application is required to ensure and undertakes that the information provided on this Website/Mobile Application or any actions of the User (s) on this Website/Mobile Application shall:
(ii) Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any vehicles/equipment, the dealing of which is prohibited or restricted in any manner under any provisions of any applicable law, rule, regulation or guideline for the time being in force;
(iii) Not create liability for SaleGaadi or cause SaleGaadi to lose the services of Our Internet Service Provider (“ISPs”); (iv) 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 Website/Mobile Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Mobile Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available on the Website/Mobile Application. We reserve Our right to bar any such activity.
(v) Not attempt to gain unauthorized access to any portion or feature of the Website/Mobile Application, or any other systems or networks connected to the Website/Mobile Application or to any server, computer network, or to any of the services offered on or through the Website/Mobile Application, by hacking, password “mining” or any other illegitimate means;
(vi) Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website/Mobile Application or any transaction being conducted on the Website/Mobile Application, or with any other person’s/Users use of the Website/Mobile Application.
f) You may not transmit any chain letters, unsolicited commercial or junk email to other Users through the Website/Mobile Application. It shall be a violation of this Terms of Use to use any information obtained from the Website/Mobile Application to harass, abuse, or harm another person.
g) Consequences for violating content guidelines: Any violation of the guidelines in Clause 4 Sub-Clause (d) to (f) above, shall entitle SaleGaadi to immediately remove the non-compliant information, the vehicle listing, and other related information posted by the User, block the User, suspend, or terminate the access or usage rights of the User, delete their publicly visible comments/information, and/or initiate legal action against such User. SaleGaadi will issue a written notice to the offending User through email in this regard. SaleGaadi will not host, store, or publish any information which is prohibited or considered unlawful under any applicable law for the time being in force. Any transaction or attempted transaction relating to any vehicle/equipment which is violative of this Terms of Use or applicable law that comes to the knowledge of a User shall be intimated to SaleGaadi by the User.
h) User ID and Password confidential and non-transferable: The Registered User is responsible for all actions taken under his/her User ID. User ID is not transferable and the Registered User should not allow others to use it or disclose or make available the password to any other person.
i) Seller to maintain confidentiality of customer data: A Seller is responsible for maintaining the confidentiality of details and information shared by other Users, including without limitation, e-mail IDs and financial information. The Seller agrees to accept responsibility for all activities that occur under its Registered User ID.
j) Obligations of Sellers: The Seller shall not directly or indirectly offer and/or trade in any vehicle/equipment, the trading of which is prohibited or banned under the provisions of applicable laws which are in force. The Seller of a vehicle/equipment shall be responsible for providing all the information relating to the said vehicle/equipment proposed to be sold. The Seller shall not provide false, misleading, inaccurate, and fraudulent information particularly about the vehicle/equipment to be sold/auctioned under the Website/Mobile Application. If the vehicle/equipment description does not match the actual condition of the vehicle/equipment, You agree to refund any amounts that you may have received from the Buyer. The Seller shall not infringe the intellectual property of any third party, trade secret or other proprietary rights. The Seller represents that he/she is the sole, exclusive owner of the vehicle/equipment of any description that he/she offers for sale on the Website/Mobile Application or shall have the required rights/interest/authority over such vehicle/equipment conferred on the Seller by the owner of such vehicle/equipment in writing.
k) Consequences of breach of Registered User Website/Mobile Application-use obligations: SaleGaadi reserves the right to decline/terminate/suspend any registration at any time, with or without notice or cause and in its entire sole discretion. Until the revocation of termination/ suspension or the activation of Registration, the Registered User will not be allowed to buy/sell/place bids.
l) Information Sharing and Privacy: "User Information" is the information that is provided by the User on the Website/Mobile Application while registering, buying, or listing process. The User shall not provide any personal information such as contact details in the places, other than the places specifically provided on the Website/Mobile Application.
(i) User Information and SaleGaadi: The User agrees to furnish his/her information on the Website/Mobile Application to enable SaleGaadi to use it for the purpose of selling/buying/auctioning or providing any other service as envisaged under the Website/Mobile Application. The User shall grant SaleGaadi a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights over the User Information to the extent such information is required by SaleGaadi to provide Services under the Website/Mobile Application and/or comply with applicable laws. SaleGaadi shall use the User Information only in accordance with this Terms of Use and Privacy Policy, subject to applicable laws. SaleGaadi may use the User Information to identify the members of the Website/Mobile Application with whom the User may have a beneficial relationship. User permits SaleGaadi to share the User Information with vehicle/equipment dealers/potential Buyers or third-party service providers in the course of its business. The User shall not share any sensitive personal data and/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 Website/Mobile Application or with any other Users of the Website/Mobile Application. For further details, please refer to the Privacy Policy.
(ii) User Information and sharing information with other Users: The User acknowledges and agrees that the User Information including any personal information would need to be provided by him/her to other Users, dealers and/or third-party service providers through the Website/Mobile Application when he/she seeks to transact with such Users, dealers or third-party service providers on the Website/Mobile Application. The User further agrees that SaleGaadi has no control over on his/her sharing of User Information with other Users, dealers or third-party service providers of the Website/Mobile Application since such other Users, dealers or third-party service providers of the Website/Mobile Application are selected by him/her when he/she chooses to transact and/or interact with them.
m) Prohibition of unfair practices: The User, on his own or together with other Users of the Website/Mobile Application, shall not manipulate or attempt to manipulate the price of any vehicle/equipment being purchased or sold on this Website/Mobile Application and shall not practice or indulge in any unfair or illegal trade practices or abet the use of such unfair practices.
5. THIRD PARTY SERVICE PROVIDERS:
a) We use third parties to undertake the valuation of used vehicles/equipment listed on Our Website/Mobile Application. These third-party service providers may collect and/or use the User’s information to complete the valuation of Your vehicles/equipment. SaleGaadi assumes no responsibility for examining or evaluating the services offered by such third parties. SaleGaadi does not warrant the offerings of these third-party service providers nor does SaleGaadi endorse, in any way, any third-party website (s) nor their privacy practices or content thereof.
b) Our Website/Mobile Application may contain, hyperlinks to websites operated by parties other than SaleGaadi, or third party information such as product description, catalogue/s, dealer information, images, videos and any other data made available by a third party (“Third Party Content”). SaleGaadi does not control such Third-Party Content and shall not be responsible for any loss or damages resulting out of the use of Third-Party Content.
c) The inclusion of Third-Party Content does not imply SaleGaadi’s endorsement of such websites. SaleGaadi does not provide any warranty in respect of the authenticity or accuracy of the Third-Party Content. A link to another website is not an endorsement of any products or services on such site or the website. You shall be solely responsible for all consequences that arise out of Your use of such Third-Party Content.
6. CERTIFIED DEALERS:
a) SaleGaadi permits certain used vehicle dealers to access and use the Website/Mobile Application, to purchase or sell vehicles/equipment from or to other Users, after having completed the certification process (“Certified Dealer”). SaleGaadi makes no representation and assumes no responsibility for the accuracy, completeness, appropriateness, or usefulness of any information provided by the Certified Dealer, either over the Website/Mobile Application, through emails, chat rooms, Whatsapp or any other messaging application/service.
b) SaleGaadi does not make any representation or warranty as to the fitness and merchantability of the vehicles/equipment proposed to be sold or offered to be sold or purchased on the Website/Mobile Application by the Certified Dealer. SaleGaadi does not implicitly or explicitly support or endorse the sale or purchase of any vehicles/equipment or services by the Certified Dealer on the Website/Mobile Application. SaleGaadi accepts no liability for any errors or omissions on behalf of the Certified Dealer.
c) SaleGaadi cannot take responsibility or control the information, listing and/or quality of the vehicles/equipment proposed to be sold or offered for sale on the Website/Mobile Application by the Certified Dealer. You agree that SaleGaadi will not be liable for any cost, damage, liability, or other consequence of any of the actions of the Certified Dealer on the Website/Mobile Application.
7. SALE OF RE-POSSESSED VEHICLES ON THE WEBSITE:
a) Clause 7 deals with the conditions relating to the sale of vehicles/equipment through the Website/Mobile Application by SaleGaadi and/or its Affiliates to You.
b) SaleGaadi and/or its Affiliates use the Website/Mobile Application for listing and selling, through auction or bidding, the vehicles/equipment which have been re-possessed by them from their borrowers (hereinafter referred to as the “Re-Possessed Vehicle (s)”).
c) The Re-Possessed Vehicle are auctioned on an “as is” and “as available” basis and SaleGaadi and/or its Affiliates make no representations or warranties of any kind, express or implied, about the quality, condition, value or fitness of the Re-Possessed Vehicle.
d) It is the responsibility of the User to inspect the Re-Possessed Vehicle, prior to sale, and satisfy itself as to the origin, description, operability, suitability, age, durability, mileage, arrears of tax, charges and other dues to the respective Government, completeness, condition, and fitness of the Re-Possessed Vehicle. The User will exercise and rely on their own judgment as to the condition and quality of the Re-Possessed Vehicle and as to the fitness of the Re-Possessed Vehicle for their purpose. The Re-Possessed Vehicles will be available for inspection at the location specified by SaleGaadi.
e) It is the responsibility of the User to transfer the vehicular/other records in their name, immediately on completion of sale, SaleGaadi shall in no way be responsible for the transfer of such records.
f) You agree that no claims for the return or replacement of the Re-Possessed Vehicle or for the refund of any amount shall lie against SaleGaadi and/or its Affiliates after You have inspected the Re-Possessed Vehicle.
g) All commercial/contractual terms pertaining to the purchase of the Re-Possessed Vehicle shall be separately agreed between SaleGaadi and/or its Affiliates and You. The commercial/contractual terms may include without limitation, the price, shipping costs, payment methods, payment terms, data, mode of delivery, warranties related to Re-Possessed Vehicles and after sales services related to the Re-Possessed Vehicle.
8. PLATFORM FOR COMMUNICATION AND EXCLUSION OF WARRANTIES:
a) User understands and agrees that he/she/it is provided with the option to interact with other Users of the Website/Mobile Application in relation to the transactions to be carried out on the Website/Mobile Application at its sole risk, host the details of the vehicle/equipment to be sold through the Website/Mobile Application and quote the purchase price or bid apart from availing other services which may be offered by SaleGaadi and its Affiliates. Consequently, with respect to User to User transactions on the Website/Mobile Application’s marketplace:
(ii) SaleGaadi is not responsible for any non-performance or breach of any contract entered into between/among Users. SaleGaadi does not guarantee that the concerned Users will perform the transactions concluded on the Website/Mobile Application.
(iii) User acknowledges that SaleGaadi does not pre-screen or approve any listings, messages, text, files, images, photos, video, sounds, or other materials displayed on or through the Website/Mobile Application (“Content”), but SaleGaadi shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content, for violating this Terms of Use or for any other reason.
(iv) By agreeing to be bound by this Terms of Use, the Seller undertakes to ensure that the descriptions, images, and other content pertaining to goods or services on the Website/Mobile Application are accurate and corresponds directly with the appearance, nature, quality, purpose, and other general features of such good or service.
(v) At no time the right, title, or interest over the vehicles/equipment, listed on the Website/Mobile Application by a User for sale, shall vest with SaleGaadi nor shall SaleGaadi be liable in respect of transactions made on the Website/Mobile Application.
(vi) The User shall agree with the relevant other User(s) with whom they transact on the manner and terms and conditions of payment, insurance, delivery etc.
b) The Website/Mobile Application provides the Services without any warranty or condition and disclaims any warranties of title, fitness for a particular purpose, merchantability, and non-infringement.
c) Notwithstanding anything contained in this Terms of Use, SaleGaadi does not make any representation or warranty as to the attributes of vehicle/equipment, Services offered on the Website/Mobile Application such as quality, condition, worth, marketability, etc. Vehicle/s, equipment/s, service/s offered, to be sold or purchased through the Website/Mobile Application or the attributes such as legal title, creditworthiness, identity etc. of any of its Users. Users are advised to independently verify the bona fides of any particular User that User chooses to deal with on the Website/Mobile Application and use their best judgment in that behalf. The User shall note that there are risks in dealing with other persons on the Website/Mobile Application, including the risk of dealing with people acting under false pretense, foreign nationals and/or underage persons. Except as expressly provided, SaleGaadi does not endorse and shall not be responsible for the delivery of any goods listed for sale/auction or purchased through the Website/Mobile Application.
d) SaleGaadi neither implicitly nor explicitly supports/endorses the sale/purchase of any vehicle/equipment or services by a User, Certified Dealer or any other third- party on the Website/Mobile Application SaleGaadi accepts no liability for any errors or omissions, whether on behalf of itself, the Certified Dealer or any other third parties. The User hereby understands and acknowledges that the ‘SaleGaadi Certified Platinum Dealership’ certification merely attests to the creditworthiness of the Dealer, who is holding it, for the limited purpose of availing inventory funding facility from SaleGaadi and based solely on the documents provided to SaleGaadi for scrutiny.
e) SaleGaadi makes no warranties or representations about the reliability, accuracy, timeliness and/or completeness of any Content provided on or through the Website/Mobile Application or that the operation of the Website/Mobile Application will be uninterrupted and/or error free. Consequently, no liability whatsoever for any monetary or other damage suffered by the User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Website/Mobile Application shall be assumed by SaleGaadi.
f) All vehicles/equipment (and/or their parts) sold/auctioned on the Website/Mobile Application by a User are sold/auctioned in their “as is where is” condition and location with all faults and imperfections and errors of description except where expressly stated otherwise.
g) It is the responsibility of User to satisfy himself/herself, prior to sale, as to the origin, description, suitability, age, mileage, durability, completeness, operability, state, and condition of each vehicle/equipment and should exercise and rely on their own judgment as to the condition and quality of the vehicle/equipment and whether the vehicle/equipment conforms to its description and whether the same is suitable for the User's purpose.
h) It is the sole responsibility of the Buyer/successful bidder to transfer the vehicular/other records in their name, immediately on completion of sale, SaleGaadi shall in no way be responsible for transfer of such records.
i) Each User agrees to indemnify SaleGaadi, its officers and representatives against all costs, damage, liability, or other consequences of actions of such User and waives any claims that he/she may have in this behalf under applicable law.
9. OBLIGATIONS RELATING TO PURCHASE OF VEHICLES /EQUIPMENT AND SERVICES:
a) The User shall not place any false purchase request. Placing purchase request by providing fake personal details is a crime and the Website/Mobile Application will take all efforts to identify such a User and initiate/cooperate in any legal action against such a User.
b) The User is not permitted to submit a lead or to enquire in relation to a vehicle/equipment listing in the Website/Mobile Application other than for the purchase of vehicle/equipment. No User is permitted to gather data, mine data, broker transactions or relist the vehicles/equipment in any other website or purchase for resale.
c) The User purchasing the vehicle/equipment in either the sale or auction shall be solely responsible for ensuring and verifying the title of the vehicle/equipment, receipt of necessary original title documents such as invoice and certificate of registration, receipt of original certificate of insurance, receipt of applicable forms under the Central Motor Vehicle Rules, 1989 or the applicable legislation and effecting of transfer of ownership in the certificate of insurance and certificate of registration, if applicable. The User shall in no way be entitled to make a claim against SaleGaadi for any failure or inadequacies in the User’s verification process or transaction process.
10. OBLIGATIONS RELATING TO SALE OF VEHICLES/EQUIPMENT AND SERVICES:
a) A Registered User may list his/her vehicle/equipment for sale on the Website/Mobile Application.
b) The User must legally own and be in a position to sell the vehicle which he/she lists for sale on the Website/Mobile Application. The Registered User selling the vehicle/equipment is solely responsible and shall ensure the accuracy, legality and completeness of the listing of the vehicle/equipment on the Website/Mobile Application and for ensuring that such listing does not infringe the rights of any third party and for ensuring that the listing does not violate content guidelines set out in this Terms of Use.
c) The Registered User shall only include accurate pictures, description and graphics of/in relation to the vehicle/equipment that is listed for sale. The User shall not put up a description of a vehicle/equipment on the Website/Mobile Application in a misleading manner. The User shall depict the actual condition of the vehicle/equipment. The User who is selling his/her vehicle/equipment shall certify that the description/information provided by him/her about the vehicle/equipment are true. The User shall keep the vehicle/equipment in the manner described on the Website/Mobile Application for successfully completing the sale.
d) All the vehicles/ equipment must be listed by the User in the relevant category on the Website/Mobile Application.
e) No User shall solicit a business of any nature outside the Website/Mobile Application by providing his/her contact details.
f) The User shall be liable to refund the sale price and any other amount received from the Buyer, if the vehicle/equipment fails to match the description/depiction of the vehicle/equipment put up by him/her on the Website/Mobile Application.
g) On the vehicle/equipment being sold through the Website/Mobile Application or otherwise, the User shall immediately remove the sale listing from the Website/Mobile Application. SaleGaadi reserves the right to remove any listing of vehicle/equipment by a User from the Website/Mobile Application at its sole discretion without notice and without liability to any person.
h) SaleGaadi accepts no liability for any listing on the Website/Mobile Application.
11. AUCTIONING AND BIDDING:
a) SaleGaadi may require the User to pay security deposit and/or execute additional documents in the manner prescribed by the applicable law to it for participating in the auction/bidding. The grounds for forfeiture and/or refund of any such security deposit shall be contained in the terms and conditions of Auction/Bidding.
b) On the User buying a vehicle/equipment by participating in the auction, either online or offline, he/she acknowledges and agrees to be bound by the terms and conditions of Auction and Bidding, as the case may be. The terms and conditions of Auction or Bidding shall be in addition to the terms of this Terms of Use and are incorporated herein by reference.
12. FEES & CHARGES & PAYMENT FACILITY:
a) SaleGaadi reserves the right to introduce and amend fees or charges for the Services being offered on or through the Website/Mobile Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to SaleGaadi within specified time and in the specified manner. SaleGaadi at its sole discretion can introduce new services and modify the existing services offered on the Website/Mobile Application. The fee chargeable by SaleGaadi for various services offered on the Website/Mobile Application shall be listed at the appropriate places on the Website/Mobile Application. Once a fee chargeable for a specific service is posted on the Website/Mobile Application, the same shall be chargeable immediately for such service.
b) User shall be completely responsible for the payment of applicable fee and charges such as listing fee, as may be stipulated by SaleGaadi on the Website/Mobile Application, together with taxes, duties, and cess as applicable from time to time for his/her usage of Website/Mobile Application and availing various services provided therein. Hence, the User shall be responsible to note the fee chargeable on a specific service before availing such service. SaleGaadi reserves the right to issue a warning, suspend or terminate User's membership, refuse access to the Website/Mobile Application and/or take appropriate legal action in case of non-payment of fees by the User and/or for any violation of this Terms of Use.
c) SaleGaadi may engage a third-party payment processing service provider (“Payment Service Provider”) to facilitate payments for transactions conducted on or through the Website/Mobile Application. When the User makes the payment through the Payment Service Provider, the Payment Service Provider shall process the payment to SaleGaadi, the other Users, the Certified Dealer, or any other third-parties. Further, upon selecting any Service for which a fee is chargeable by SaleGaadi, the User may be redirected to the Payment Service Provider.
d) In case the Website/Mobile Application or Payment Service Provider’s webpage, that is linked to the Website/Mobile Application, is experiencing any server related issues like “slow-down” or “failure” or “session timeout”, the User shall, before initiating the second payment, check whether his/her/its Bank Account has been debited or not and accordingly resort to one of the following options:
(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment;
(iii) However, the User agrees that under no circumstances SaleGaadi shall be held responsible for such duplicate transactions and hence no claims should be raised against SaleGaadi.
e) SaleGaadi assumes no liability whatsoever for any monetary or other damage suffered by the User on account of:
(v) Any interruption or errors in the operation of the Payment Service Provider.
f) The User agrees, understands, and confirms that its personal data, including without limitation details relating to debit card/credit card transmitted over the Internet may be susceptible to misuse, hacking, theft, and/or fraud and that SaleGaadi has no control over such matters.
g) Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, SaleGaadi does not represent or guarantee that the use of the Payment Service Provider will not result in theft and/or unauthorized use of data over the Internet.
13. REFUNDS/CANCELLATION:
a) Vehicles sold on the Website/Mobile Application are not eligible for any returns, refunds, or exchange.
b) However, certain Dealers may be willing to discuss and negotiate a customised return or refund policy on a case-by-case basis. Before purchasing any vehicle, Customers who are Winning Bidders are requested to directly contact the Dealer for further details on returns, refunds or exchanges. Dealers can be contacted through the contact information displayed on their page and during the physical inspection visit. All returns, refunds or exchanges are contracts solely between the Dealer and the relevant Customer. The Website/Mobile Application/SaleGaadi expressly disclaim all responsibility for (a) any Dealer providing or refusing returns, refunds or exchanges; and/or (b) the enforcement of any such returns, refunds or exchanges.
c) Where the Dealer has its own return and refund policy, the User must abide by the terms of that policy. In the absence of such a policy, the provisions of Clause 13 (b) will apply to the Dealer.
14. BREACH:
a) Without prejudice to the remedies available to it under law and equity, SaleGaadi may restrict the activity of User, remove the listing of vehicle/equipment, issue warning to the other Users about the actions of a particular User, suspend or terminate the membership of the User with immediate effect and/or deny access to the Website/Mobile Application, to the User:
(ii) If SaleGaadi believes that the actions of a User may cause legal liability for his/her, other Users of the Website/Mobile Application or SaleGaadi; or
(iii) If the information provided by the User could not be authenticated by SaleGaadi; or (iv) If the User breaches any applicable law/regulation/notification.
b) SaleGaadi may at its sole discretion reinstate suspended Users at any time.
c) A User who has been suspended indefinitely shall not register or attempt to register on the Website/Mobile Application in any manner whatsoever until the reinstatement of his/her membership by SaleGaadi.
d) Further, SaleGaadi is entitled to claim damages from the User who breaches this Terms of Use, or any other document posted by SaleGaadi on the Website/Mobile Application and to take applicable legal action.
15. PROPRIETARY RIGHTS:
a) The website 'www.salegaadi.in' and “SaleGaadi” mobile application are developed and owned by SaleGaadi.
b) The Website/Mobile Application’s content, logos, images, design, graphics, icons, interfaces and the selection, assembly and arrangements displayed thereof on the Website/Mobile Application are protected under intellectual property laws (including copyright and trademark laws) and international conventions. Any modification, reproduction, creation of derivative works or redistribution of the Website/Mobile Application, and/or reproducing or copying of the Website/Mobile Application or any portion thereof to any other location or server for reproduction or redistribution is prohibited without the specific written consent of SaleGaadi. Content posted by a Registered User shall belong to the relevant user and shall be licensed to SaleGaadi for use in the manner described in Clause 4(i) above.
c) Permission to access, view the listing of vehicle/equipment by Users, utilize other services provided under the Website/Mobile Application and list the vehicle/equipment for sale is granted to the Users.
d) All the names, make and model of vehicles/equipment listed on the Website/Mobile Application are trademarks of their respective manufacturers. SaleGaadi neither has nor claims any rights over such trademarks, beyond the right to list/permit its listing on the Website/Mobile Application as a factual description of the vehicle.
e) User warrants that User has the right to grant, to SaleGaadi a non-exclusive, irrevocable, perpetual, fully paid, worldwide license to use, copy, perform, display, and distribute content and to prepare derivative works of, or incorporate into other works of the said content, and to grant and authorize sublicenses of the foregoing and all rights necessary to prohibit any subsequent aggregation or exploitation of the content on the Website/Mobile Application by any party for any purpose.
16. INDEMNITY:
Each User hereby agrees to indemnify SaleGaadi, its affiliates, subsidiaries, directors, employees, officers, agents, suppliers, service partners and consultants, from all claims, demands and damages, whether actual or consequential, of every kind arising out of or relating to any of such User’s listings, transactions, or any other use of the Website/Mobile Application, the User's breach of this Terms of Use or violation of any law or the rights of a third party.
17. LIMITATION OF LIABILITY:
a) SaleGaadi or its Affiliates, suppliers and service providers shall not be liable for any direct, indirect, incidental, consequential, punitive, special, exemplary or any damages whatsoever, including damages for unsatisfactory performance of the goods/services being sold/purchased, delay, loss of goodwill, profits, misuse of data or intangible losses arising out of or in connection with the Website/Mobile Application, its services or this Terms of Use, whether based on contract, tort or otherwise.
b) Under no circumstance will the liability of SaleGaadi is exceed the amount of fees, if any, paid by User to SaleGaadi.
c) SaleGaadi shall bear no liability whatsoever for any monetary or other damage suffered by User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Website/Mobile Application.
18. DISPUTE RESOLUTION:
a) This Terms of Use shall be governed and construed in accordance with the laws of India, without regard to conflict of law principles.
b) Any dispute, difference or claim arising in connection with the usage of the Website/Mobile Application or the interpretation of any provision of this Terms of Use, shall be referred to a sole arbitrator who shall be an independent and neutral third party nominated by SaleGaadi. The award given by such Arbitrator shall be final and binding on all parties. In the event of an appointed arbitrator dying or being unable or unwilling to act as arbitrator for any reason, SaleGaadi, on such death of the arbitrator or his inability or unwillingness to act as arbitrator, shall appoint another person to act as arbitrator. Such person shall be entitled to proceed with the reference from the stage left by his predecessor.
c) The seat and venue of arbitration shall be at Chennai or such other place/location/city which the Company at its discretion may decide from time to time.
d) The Arbitration and Conciliation Act, 1996 and all statutory amendments thereof shall govern the arbitration proceedings.
e) Subject to the arbitration clause, the parties agree to submit to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu (India) only.
19. GRIEVANCE REDRESSAL OFFICER
If the User has any grievance with respect to the Website/Mobile Application or Service, the User can contact SaleGaadi’s grievance care at:
Name: Kranti Amar Hati
Designation: Sr. Associate Operations
Customer Care Email ID: support@salegaadi.in
20. NODAL POINT OF CONTACT:
If the User has any grievance with respect to the vehicles/equipment listed, purchased or sold on the Website/Mobile Application, the User can contact SaleGaadi’s nodal officer to escalate :
Name: Kranti Amar Hati
Designation: Sr. Associate Operations
Customer Care Email ID: support@salegaadi.in
21. RELATIONSHIP OF USER AND SaleGaadi
a) User agrees that no joint venture, partnership, employment, or agency relationship exists between User and SaleGaadi because of the Terms of Use.
b) User shall have no authority to bind SaleGaadi in any manner whatsoever and shall not represent to the contrary, orally or in writing.
22. NOTICES
Except when explicitly stated otherwise, any notices to SaleGaadi shall be given by email to support@salegaadi.in
Notice/any communication shall be sent to the User either to the email address, if any provided by the User on the Website/Mobile Application or by post to the address provided by User on the Website/Mobile Application during the registration process. In the event of notice being sent through post, notice shall be deemed to be served within 3 days after the date of posting. In the event of email, the notice is deemed to have been served as soon as the email leaves SaleGaadi’s computer system/resource.
LAST UPDATED: 15/DEC/2022