CaarDeal: Terms of Use

Welcome to CaarDeal. This website/mobile App is owned and operated by Zip Autotech Private Limited & 325 Okay Plus Spaces, Malviya Industrial Area,

Jaipur, Rajasthan, 302017. By visiting our website/mobile App and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereinafter referred to as the ‘Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this Agreement from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE/MOBILE APP OR ORDERING PRODUCTS FROM THIS WEBSITE/MOBILE APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement governs your use of this website CaarDeal.com/mobile App CaarDeal (hereinafter referred to as the ‘Website/mobile App'), Zip Autotech Private Limited's offer of Products and Services for purchase on this Website/mobile App, or your purchase of Products and Services available on this Website/mobile App. This Agreement includes and incorporates by this reference, the policies and guidelines referred below. Zip Autotech Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website/mobile App. Zip Autotech Private Limited will/will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website/mobile App. Your use of the Website/mobile App following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Zip Autotech Private Limited encourages you to review this Agreement whenever you visit the Website/mobile App to make sure that you understand the terms and conditions governing use of the Website/mobile App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Zip Autotech Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website/mobile App.

RESPONSIBLE USE AND CONDUCT

In order to access our Resources/Products and Services, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources/Products and Services. Accordingly, you are responsible for all activities that occur under your accounts.

Accessing (or attempting to access) any of our Resources/Products and Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/Products and Services through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources/Products and Services, including the servers and/or networks to which our Resources/Products and Services are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources/Products and Services is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

PRIVACY

Zip Autotech Private Limited believes strongly in protecting user privacy, which is why a separate Privacy Policy have been created in order to explain in detail how we collect, manage, process, secure, and store your private information. Please refer to Zip Autotech Private Limited privacy policy, incorporated by reference herein, that is posted on the Website/mobile App.

PRODUCTS AND SERVICES - TERMS OF OFFER

This Website/mobile App offers for sale certain Products and Services (hereinafter referred to as Products and Services'). By placing an order for Products and Services through this Website/mobile App, you agree to the terms set forth in this Agreement.

SCOPE OF SERVICES

CaarDeal will provide Sellers means and tools to list and advertise their vehicle on the site. CaarDeal will display the said vehicle for an agreed amount of time to internet visitors (Buyers). CaarDeal will also publish content relating to New and Used cars, Services, Car Care Products and Services and more.

CaarDeal reserves its right to temporarily limit access to the Website/mobile App when needed for administrative or technical reasons such as updates, upgrading, server updates, connectivity issues etc. This might make it difficult or impossible to access listings and advertisements during that period.

BUYING AND SELLING VEHICLES

CaarDeal is a vehicle listing and information portal/service that connects buyers and sellers via the Internet. CaarDeal is not involved in any transaction between vehicle buyers and sellers that originates on or through this Website/mobile App. At no time shall CaarDeal have any liabilities, involvement or obligations in respect of such transaction. Information about a particular vehicle is supplied by the Seller, not by CaarDeal. CaarDeal in no way represents accuracy of the information. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.

Although we hope that Sellers lists their vehicles honestly and deals fairly with Buyers, We cannot verify the accuracy of information Sellers supply or guarantee the vehicles they offer. Nor can We assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using this website/mobile App to find a buyer for your vehicle or a vehicle to purchase, We urge You to use your good judgment.

BUYING A VEHICLE

Before purchasing a vehicle or any other goods or services listed on CaarDeal, You should confirm with the seller any information, including the price, location, documentation or any other information that is important for your purchase making decision. CaarDeal is not responsible for and does not guarantee the performance of any such vehicles, products or services listed on CaarDeal.

Used cars listed on CaarDeal may be purchased by individuals for own use only. CaarDeal does not permit to submit a lead or to enquire against a used car listing for any other purpose than contacting the seller with the intent of purchasing the vehicle by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on CaarDeal by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, re-advertising, data mining, brokering, match-making with other buyers, or purchase for resale.

LISTING YOUR VEHICLE

CaarDeal offers a numbers of options for private sellers to sell their car.

Via “Sell Car” tab on CaarDeal Home Page or anywhere withing CaarDeal website/mobile App/mobile App. Register and fill the form and get started. Details of packages are also available.

In order for You to offer a vehicle for sale; You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on CaarDeal, sellers also are required to provide method of contact and must allow buyers to communicate directly with the seller. You may not charge any potential buyer for gaining information about any vehicle listed for sale on CaarDeal, nor may You use our Website/mobile App to promote, any other Website/mobile App, product, or service.

Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material You post, including listing information and photos of your vehicle, and for the content You transmit through CaarDeal. And in all respects, You treat CaarDeal and Buyers fairly and honourably.

In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though We cannot monitor every transaction that originates through a listing on CaarDeal, We may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over vehicles are advertised. By using our Website/mobile App, You agree to cooperate in these quality assurance tests. If our tests reveal, or We, otherwise learn, that a seller may be violating the terms of this Visitor Agreement, We reserve the right to deny that seller use of services offered on our Website/mobile App and any affiliated Website/mobile Apps and remove that seller's listings from each site.

By listing a vehicle for sale on this Website/mobile App, You agree to use the phone number, email addresses and any other communication methods of those responding to your listing only to communicate with them about the potential sale of that vehicle.

CUSTOMER SOLICITATION

Unless you notify our third party call center representatives or direct Zip Autotech Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Zip Autotech Private Limited and its designated in house or third party call team(s).

OPT OUT PROCEDURE

We provide 3 easy ways to opt out of from future solicitations -

You may use the opt out link found in any email solicitation that you may receive.

You may also choose to opt out, via sending your email address to: support@CaarDeal.

You may send a written remove request to Zip Autotech Private Limited sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Zip Autotech Private Limited & ADDRESS 325 Okay Plus Spaces, Malviya Industrial Area, Jaipur, Rajasthan, 302017.

PROPRIETARY RIGHTS

Zip Autotech Private Limited has proprietary rights and trade secrets in the Products and Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Zip Autotech Private Limited. Zip Autotech Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

TAXES If you purchase any Products and Services, you will be responsible for paying the applicable taxes. (GST)

CONTENT, INTELLECTUAL PROPERTY, THIRD PARTY LINKS

In addition to making Products and Services available, this Website/mobile App also offers information and marketing materials. This Website/mobile App also offers information, both directly and through indirect links to third-party website/mobile Apps. Zip Autotech Private Limited does not always create the information offered on this Website/mobile App; instead the information is often gathered from other sources. To the extent that Zip Autotech Private Limited does create the content on this Website/mobile App, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website/mobile App is for personal, non-commercial use. Any links to third-party website/mobile Apps are provided solely as a convenience to you. Zip Autotech Private Limited does not endorse the contents on any such third-party website/mobile Apps. Zip Autotech Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party website/mobile Apps. If you link to third-party website/mobile Apps, you do so at your own risk.

USE OF WEBSITE/MOBILE APP

Zip Autotech Private Limited is not responsible for any damages resulting from use of this website/mobile App by anyone. You will not use the Website/mobile App for illegal purposes. You will -

abide by all applicable local, state, national, and international laws and regulations in your use of the Website/mobile App (including laws regarding intellectual property),

not interfere with or disrupt the use and enjoyment of the Website/mobile App by other users,

not resell material on the Website/mobile App,

not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication,

and

not defame, harass, abuse, or disrupt other users of the Website/mobile App.

LICENSE

By using this Website/mobile App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website/mobile App in connection with your normal, non-commercial use of the Website/mobile App. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Zip Autotech Private Limited.

BLOGS

We may provide various open communication tools on our website/mobile App, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website/mobile App, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

contains any type of unauthorized or unsolicited advertising; impersonates any person or entity, including any CaarDeal/Zip Autotech Private Limited employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our website/mobile App. However, any content posted by you using any open communication tools on our website/mobile App, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Zip Autotech Private Limited, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

You agree to indemnify and hold harmless CaarDeal a digital property of Zip Autotech Private Limited and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

POSTING

By posting, storing, or transmitting any content on the Website/mobile App, you hereby grant Zip Autotech Private Limited a perpetual, worldwide, nonexclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Zip Autotech Private Limited does not have the ability to control the nature of the user-generated content offered through the Website/mobile App. You are solely responsible for your interactions with other users of the Website/mobile App and any content you post. Zip Autotech Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Zip Autotech Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website/mobile App and to remove any content Zip Autotech Private Limited deems objectionable, in Zip Autotech Private Limited's sole discretion.

DISCLAIMER OF WARRANTIES

Your use of this website/mobile App and/or Products and Services are at your sole risk. The website/mobile App and Products and Services are offered on an "as is" and "as available" basis. Zip Autotech Private Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement with respect to the Products and Services or website/mobile App content, or any reliance upon or use of the website/mobile App content or Products and Services ("Products and Services" include trial Products and Services.)

Without limiting the generality of the foregoing, Zip Autotech Private Limited makes no warranty:

that the information provided on this website/mobile App is accurate, reliable, complete, or timely.

that the links to third-party website/mobile Apps are to information that is accurate, reliable, complete, or timely.

no advice or information, whether oral or written, obtained by you from this website/mobile App will create any warranty not expressly stated herein as to the results that may be obtained from the use of the products or that defects in products will be corrected.

regarding any Products and Services purchased or obtained through the website/mobile App.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

Zip Autotech Private Limited's entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website/mobile App content/Products and Services and/or for any breach of this agreement is solely

limited to the amount you paid, less shipping and handling charges, for Products and Services purchased via this website/mobile App.

Zip Autotech Private Limited will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement &/or Products and Services in any manner, including liabilities resulting from:

the use or the inability to use the website/mobile App content/Products and Services;

the cost of procuring substitute content/Products and Services;

any information obtained/Products and Services purchased or transactions entered into through the website/mobile App; or

any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of Products and Services. CaarDeal/Zip Autotech Private Limited will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources/Products and Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Zip Autotech Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of

this Agreement or the breach of your warranties, representations and obligations under this Agreement;

the Website/mobile App content or your use of the Website/mobile App content;

the Products and Services or your use of the Products and Services (including Trial Products and Services);

any intellectual property or other proprietary right of any person or entity;

your violation of any provision of this Agreement; or any information or data you supplied to Zip Autotech Private Limited.

When Zip Autotech Private Limited is threatened with suit or sued by a third party, Zip Autotech Private Limited may seek written assurances from you concerning your promise to indemnify Zip Autotech Private Limited; your failure to provide such assurances may be considered by Zip Autotech Private Limited to be a material breach of this Agreement. Zip Autotech Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website/mobile App content / Products and Services, with the counsel of Zip Autotech Private Limited's choice at its expense. Zip Autotech Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Zip Autotech Private Limited against any claim, but you must receive Zip Autotech Private Limited's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website/mobile App / Products and Services.

COPYRIGHTS/TRADEMARKS

All content and materials available on CaarDeal, including but not limited to text, graphics, website/mobile App name, code, images and logos are the intellectual property of Zip Autotech Private Limited and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Zip Autotech Private Limited.

AGREEMENT TO BE BOUND

BY USING THIS WEBSITE/MOBILE APP OR ORDERING PRODUCTS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE/MOBILE APP.

GENERAL CLAUSE

FORCE MAJEURE Zip Autotech Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

CESSATION OF OPERATION Zip Autotech Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website/mobile App and distribution of the Products and Services.

ENTIRE AGREEMENT This Agreement comprises the entire agreement between you and Zip Autotech Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.

GOVERNING LAW

This website/mobile App is controlled by Zip Autotech Private Limited from our offices located in the state of Rajasthan, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Rajasthan, India, by accessing our website/mobile App, you agree that the statutes and laws of Rajasthan, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website/mobile App and the purchase of any Products and Services through this site.

EFFECT OF WAIVER

The failure of Zip Autotech Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.

GOVERNING LAW/JURISDICTION

This Website/mobile App originates from the Jaipur, Rajasthan, India. This Agreement will be governed by the laws of the State of Rajasthan, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Rajasthan, India without regard to its conflict of law principles to the contrary. Neither you nor Zip Autotech Private Limited will commence Rajasthan), India. This Agreement will be governed by the laws of the State of Rajasthan, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Rajasthan, India without regard to its conflict of law principles to the contrary. Neither you nor or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Rajasthan, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Rajasthan, India. By using this Website/mobile App or ordering Products and Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

This website/mobile App is controlled by Zip Autotech Private Limited from our offices located in the state of Rajasthan, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Rajasthan, India, by accessing our website/mobile App, you agree that the statutes and laws of Rajasthan, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website/mobile App and the purchase of any Products and Services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Rajasthan, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts.

STATUTE OF LIMITATION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/mobile App or Products and Services or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred.

WAIVER OF CLASS ACTION RIGHTS

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

TERMINATION

Zip Autotech Private Limited reserves the right to terminate your access to the Website/mobile App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website/mobile App and Zip Autotech Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products and Services. If your access to the Website/mobile App is terminated, Zip Autotech Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website/mobile App. This Agreement will survive indefinitely unless and until Zip Autotech Private Limited chooses, in its sole discretion and without advance notice to you, to terminate it.

DOMESTIC USE

Zip Autotech Private Limited makes no representation that the Website/mobile App or Products and Services are appropriate or available for use in locations outside India. Users who access the Website/mobile App from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

CANCELLATION AND REFUND

Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by Zip Autotech Private Limited.

GUARANTEE

Unless otherwise expressed, Zip Autotech Private Limited & CaarDeal expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness of content / Products and Services for a particular purpose and non-infringement.

ASSIGNMENT

You may not assign your rights and obligations under this Agreement to anyone. Zip Autotech Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE/MOBILE APP OR ORDERING PRODUCTS AND SERVICES FROM THIS WEBSITE/MOBILE APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Zip Autotech Private Limited

325 Okay Plus Spaces, Malviya Industrial Area, Jaipur, Rajasthan, 302017 support@CaarDeal