THESE TERMS AND CONDITIONS WERE LAST UPDATED ON 14-AUG-15
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE AND EXIT.
3. SCOPE OF SERVICES
4. LISTING OF VEHICLES
4.1 CONTENT REQUIREMENTS
UNDERTAKING IN REGARD TO CONTENT
5.1 OFFERS FROM CAR MANUFACTURERS AND DEALERS
5.2 GIFTS FROM CARTECKH
6. ACCESS TO THE SERVICE
7. DELETION OF ADVERTISEMENTS:
8. VEHICLE SEARCH AND SYSTEM INTEGRITY:
9. DEALER AGREEMENT
10. USER SUBMISSIONS
11. INTELLECTUAL PROPERTY RIGHTS AND USAGE RIGHTS
12. NO SPAM POLICY
13. SEVERABILITY CLAUSE
14. TERMINATION OF SERVICE
16. ABILITY TO ACCEPT TERMS OF SERVICE
17. GENERAL INFORMATION
18. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION:
21. HOW TO CONTACT US
Welcome to www.carteckh.com! Carteckh.com is conceptualized and envisioned by AKJ Tech Private Limited (referred to as “AKJ” hereafter). AKJ is a private Limited Company incorporated under the provisions of The Companies Act, 2013. At carteckh.com we provide the user with an open opportunity to advertise, promote, buy and sell vehicles. It is pertinent to mention that carteckh.com is not a party to the transaction and thus, is not liable and responsible for the Buyer/Seller or for the information provided by them. In these Terms & Conditions, the terms "www.carteckh.com", “AKJ”, "Website", "We", "Us" and "Our" refer to Carteckh.com and the terms "You", "Yours" refer to You as a user of Carteckh.com.
i) By choosing to use www.carteckh.com, You accept the Following Terms & Conditions as a legally binding agreement between You and Carteckh.com; please read it carefully. All the features and services available on this website at any given point of time are subject to these Terms & Conditions. By accessing this Website in any manner, even through automated means, constitutes your use of the Website and your agreement to be bound by these Terms & Conditions.
ii) It is complete and absolute discretion of Carteckh.com to change and update the Terms & Conditions from time to time as and when required. The last date of the update/modification of the terms and conditions will be visible on top of Terms & Conditions page. Your continued use of this Website after the posted effective date constitutes your agreement to be bound by these Terms & conditions as modified, except that modifications do not apply to any dispute arising prior to their effective date. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Carteckh.com or the Service in any way, your only choice is to immediately discontinue use of Carteckh.com.
iii) The Terms and Conditions solely and exclusively apply to the relationship between Carteckh.com and You, the participants using the Public forum of the Carteckh.com’s databases. The present terms and conditions do not override or supersede any Participant’s own terms and conditions.
iv) The material available on carteckh.com is for general information purposes only and we may not be evaluated, reviewed or held accountable for the information available. We make no guarantees of any kind in regard to accuracy, completeness, timeliness and reliability of any of the materials or information provided on our Site. The main sources of the information are Third Parties thus we are not accountable or reliable for the same.
SCOPE OF SERVICES
a. Carteckh.com will provide the participants (sellers) an online platform/portal to advertise their vehicles on the site for their selected duration of time period for the site visitors (buyers). It is expressly and clearly agreed by you that before choosing to purchase a vehicle or services you have read about on carteckh.com, you have confirmed with the seller of the vehicle/service any information sought by you, including the price, condition of the particular vehicle, location, documentation that is essential to your purchasing decision. Information about a particular vehicle is supplied by the seller, not by carteckh.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Carteckh.com in no way represents that this information is accurate It is clearly informed that the carteckh.com is not responsible for, and does not guarantee the condition and performance of any such vehicles or services listed or available on Carteckh.com.
b. Carteckh.com will also provide the details of the Authorized Dealers/Showrooms near the Visitors who are interested in buying new vehicles or any other services provided by the Authorized Dealers/Showrooms. Carteckh.com provides the service of listing of vehicles and information services that brings together buyers and sellers vide the site www.carteckh.com .It is also clearly mentioned that carteckh.com is not a party to any transaction between vehicle buyers and sellers that originates on or through this Website. At no time shall carteckh.com have any obligations or liabilities in respect to any such transaction.
c. Carteckh.com reserves the right to temporarily limit access to the Website if such is needed for technical reasons such as upgrading, server integrity etc. This may make it difficult or impossible to access advertisements during that period of up-gradation of website
LISTING OF VEHICLES
i. Carteckh.com offers a numbers of options for private sellers to sell their used vehicles. On the Sell Car tab on our home page select the location and on the next page, kindly fill in the blank form with the Details sought and get started.
ii. To avail the service of “Sell car” with carteckh.com; you must have the possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on carteckh.com, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. As per the Terms you may not charge any potential buyer for information about the vehicle listed for sale on carteckh.com, nor should carteckh.com be used to promote any other website, product or service, without our prior written permission.
iii. By using our Website to sell your vehicle as a private seller, you represent that you are at least 18 years of age and a person of sound mind, that you are not a motor vehicle dealer, that the vehicle listed for sale by you is not in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than one vehicle for sale simultaneously (i.e. if free listing option is selected).
iv. The authenticity, correctness and genuineness of the Information provided by you is your sole responsibility. Carteckh.com is not liable, responsible for the material/information provided by you including listing information and photos of your vehicle, and for the content of all email messages you transmit through our website. It is to be noted that nothing will undermine a user's/buyer’s confidence in the vehicle listed by you than inaccurate statements or misleading representations about the vehicle. Kindly ensure that information provided by you is correct and authentic. Since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other carteckh.com users fairly and honorably.
v. We make efforts to combat Internet fraud and in order to do the same; some or all listings made by you may be screened before being posted publicly. This process may result in delay of the publication of your listing. Though We cannot monitor each and every transaction that originates through a listing on carteckh.com, 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, 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 and any affiliated websites and remove that seller's listings from each site.
vi. Also by listing a vehicle for sale on this Website, You agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle. Any other attempt to contact or communicate with the interested party does not render carteckh.com liable for your action. Carteckh.com is not liable or responsible for any such actions of the User.
4.1 CONTENT REQUIREMENTS
i. You are allowed to advertise only for the sale of Passengers vehicles. It is our sole discretion, if any other advertisements other than that of vehicles are found to be listed, the same are not allowed on carteckh.com and will be removed.
ii. Users are obliged and encouraged to submit correct and full information about their vehicle. We are at carteckh.com are not responsible for any damage arising from false information posted by the User.
iii. As a User you can include photos of the vehicles along with your advertisements. These photographs shall display the particular vehicle listed for sale and should not infringe on the intellectual property rights of any third parties. We at carteckh.com do not have any influence on such photos and will in no manner are accountable and liable for their contents.
iv. The wordings and the content of the advertisements should be in accordance with all the laws and regulations of India. It is the sole discretion of carteckh.com, in case any words or connotations of the advertisement are against the laws or public policies, the same are not allowed on carteckh.com and will be removed. Also the user shall take full responsibility for the contents of the advertisements. We at carteckh.com do not endorse these advertisements in terms of their correctness or completeness.
v. At carteckh.com we allow you to publish listings, ratings and reviews and to access social media tools where you may posts material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Terms & Conditions and to the policies of their third-party providers.
vi. You assume total responsibility and risk for your use of any interactive areas of our Website. You acknowledge that any of the user- generated content posted or transmitted through our Website represents the views of the author, and not of carteckh.com. You also acknowledge that your use of or reliance on such content is at your own risk.
vii. At carteckh.com we deny all warranties and liabilities for the compliance of advertisements with statutory provisions and their accuracy. Also we expressly deny any warranties or liabilities in case of no, due to any reason whatsoever, or any transaction which results from the advertisements listed on carteckh.com.
4.2 UNDERTAKING IN REGARD TO CONTENT
When you use carteckh.com, you agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the website, or otherwise make available any such content:
that is in violation of any law or regulation time being in force;
that is in infringement of any of the foregoing intellectual property rights of any party, or any such content for which you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
that 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;
that includes personal or identifying information about another person without that person's explicit consent;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
that includes links to commercial services or Third Party Websites, except as specifically allowed by carteckh.com ;
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
12. or content like Spam, including, but not limited to junk mails, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
13. Material discussing illegal activities or linking to Websites that deals with such activities.
14. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you also agree that you will not make an attempt or do the following acts as well:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
make any libelous or defamatory comments or postings to or against anyone;
collect personal data about other users or entities for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines and non-commercial public archives that comply with our robots.txt file;
post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
Attempt to gain unauthorized access to computer systems owned or controlled by carteckh.com or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
Share any username and/ or password you have on our Website with any other persons.
Without limiting any of our other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted. It may also result in revocation of any accounts you have on carteckh.com or on our affiliated Websites and services, and/or a ban from creating new accounts.
9. Although we at carteckh.com cannot monitor all of the listings and content posted to our Website, We reserve the right to delete, move, condense or edit any ads, ratings, reviews, content, or other posting that come to our attention that is unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other terms of this Terms & Conditions. We will not, in the ordinary course of the business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Terms & Conditions, or to protect the rights, property, or safety of visitors to our Website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, carteckh.com is not responsible and assumes no liability for any content posted to our Website by you or by the third parties.
Offer refers to the promotions, discounts and gifts that are available as displayed on carteckh.com.
5.1 OFFERS FROM CAR MANUFACTURERS AND DEALERS
1. All offers are from car manufacturers and / or their dealers, and we at carteckh.com make no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information.
2. These terms and conditions are to be read in conjunction with the terms and conditions of the manufacturers/dealers. Please refer to the manufacturers and / or their dealers' websites for a detailed list of terms and conditions that apply to these offers.
3. In the event of any discrepancy between the manufacturers / dealers' offer terms and conditions, and the terms and conditions mentioned herewith, the manufacturers / dealers' terms and conditions will apply.
4. All questions, clarifications, complaints and any other communication pertaining to these offers should be addressed directly to the manufacturer and / or their dealers. We at carteckh.com will not be able to entertain any communication in this regard.
5. The offers may be modified and / or withdrawn by manufacturers and / or their dealers without notice, and You are strongly advised to check the availability and detailed terms and conditions of the offer before making a booking.
6. You are strongly advised to verify the offer details with the manufacturer and / or the nearest dealer before booking the car.
7. Any payments made towards purchase of the car are governed by the terms and conditions agreed between the buyer and the manufacturer and / or the dealer. We at carteckh.com are in no manner related to the purchase transaction and cannot be held liable for any refunds, financial loss or any other liability that may arise directly or indirectly out of participating in this promotion.
5.2 GIFTS FROM CARTECKH
1. In certain cases, carteckh.com may offer a limited number of free gifts to buyers, for a limited period only, over and above the offers from car manufacturers and / or their dealers. The quantity and availability period (also referred to as 'promotion period' hereafter) will be displayed prominently along with the offer and gift information on www.carteckh.com
2. These free gifts are being offered solely by carteckh.com, entirely at carteckh.com’s own sole discretion, without any additional charges or fees to the buyer.
3. In order to qualify for the free gift, the buyer must fulfill the following:
a. Be a legally recognized adult Indian resident, age eighteen (18) years or above as on the date of purchase, and be purchasing the car in their individual capacity
b. Visit www.carteckh.com and generate a unique offer code for the specific offer they wish to avail, on or before the date of booking their car; and
c. Place a booking with any of the eligible participating dealership(s), as specified on or before the promotion period ends; and
d. Inform carteckh.com through any of the means provided about their confirmed booking, along with the requisite details; and
e. Complete all payment formalities and take delivery of the car from the same dealership within sixty (60) days of the promotion period ending; and
f. Inform carteckh.com through any of the means provided about the completion of the delivery of the car.
4. The offer code will be sent via email to the email address provided by the buyer and/or via SMS to the mobile number provided by the buyer, at the time of generating the offer code. We at carteckh.com are in no way liable for the non-delivery or non-receipt of the offer code via email and / or SMS. The buyer can also contact carteckh.com via phone to note their offer code.
5. By virtue of generating an offer code and / or providing carteckh.com with car booking and / or delivery details, the buyer agrees that s/he is:
a. Confirming his/her participation in this promotion; and
b. Actively soliciting contact from carteckh.com and / or car manufacturers and / or dealers; and
c. Expressly consenting for carteckh.com to share the information they have provided, in part or in entirety, with car manufacturers and / or dealers, for the purpose of being contacted by them to further assist in the car buying process; and
d. Expressly consenting to receive promotional phone calls, emails and SMS messages from Us, car manufacturers and / or dealers; and
e. Expressly consenting for Us to take photographs and record videos of the buyer and use their name, photographs, likeness, voice and comments for advertising, promotional or any other purposes on any media worldwide and in any way as per carteckh.com's discretion throughout the world in perpetuity without any compensation to the buyer whatsoever; and
f. Confirming that, on our request, s/he shall also make arrangements for Us to have access to his / her residence, work place, favorite hangouts, pets etc. and obtain necessary permissions from his / her parents, siblings, friends, colleagues to be photographed, interviewed and to record or take their photographs, videos etc. and use this content in the same manner as described above; and
g. Hereby agreeing to fully indemnify Us against any claims for expenses, damages or any other payments of any kind, including but not limited to that arising from his / her actions or omissions or arising from any representations, misrepresentations or concealment of material facts; and
h. Expressly consenting that We may contact the car manufacturer and / or dealer to verify the booking and / or delivery details provided by the buyer; and
i. Waiving any right to raise disputes and question the process of allocation of gifts
6. Upon receiving complete booking and delivery details from the buyer, We may at our own sole discretion verify the details provided with the car manufacturer and / or dealer. The buyer will be eligible for the free gift only if the details can be verified as matching the records of the manufacturer and / or dealer.
7. The gifts will be allocated in sequential order at the time of receiving confirmed booking details. Allocation of a gift merely indicates availability of that specific gift for the selected car at that specific time, and does not guarantee, assure or otherwise entitle the buyer in any way whatsoever to receive the gift. Allocation of gifts will be done entirely at carteckh.com's own sole discretion. We may change the allocation of gifts at their own sole discretion without notice and without assigning a reason.
8. The quantity of gifts available, along with the gift itself, varies by car and city. The availability of gifts displayed on www.carteckh.com is indicative in nature. Buyers are strongly advised to check availability of gifts by contacting Us via phone before booking the car.
9. The gift will be dispatched to buyers only after the dealer has confirmed delivery of the car.
10. Gifts will be delivered to addresses in India only. In the event that delivery is not possible at certain locations, carteckh.com may at its own sole discretion, accept an alternate address for delivery, or arrange for the gift to be made at the nearest convenient location for the buyer to collect.
11. Ensuring that the booking and / or delivery information reaches carteckh.com in a complete and timely manner is entirely the responsibility of the buyer, and carteckh.com, car manufacturers, dealers and their employees and contracted staff cannot be held liable for incompleteness of information and / or delays of any nature under any circumstances whatsoever.
12. The buyer must retain the offer code, booking confirmation form, invoice of the car, and delivery papers provided by the dealer, and provide any or all of the same on demand along with necessary identity documents and proof of age. We at carteckh.com may at our own sole discretion declare a buyer ineligible for the free gift in the event the buyer is not able to provide / produce any or all of the documents as required.
13. In the event of cancellation of a booking, or if the buyer fails to take delivery of the car for any reason, the buyer becomes ineligible for the gift.
14. It is our sole discretion and decision in all matters pertaining to the free gift, including the choice and value of product, is binding and non-contestable in all respects.
15. The buyer accepts and agrees that carteckh.com, car manufacturers, dealers and other associates of carteckh.com, including agencies and third parties contracted by carteckh.com, and / or their directors, employees, officers, affiliates or subsidiaries, cannot be held liable for any damage or loss, including but not limited to lost opportunity, lost profit, financial loss, bodily harm, injuries or even death, directly or indirectly, arising out of the use or misuse of the gift, or a defect of any nature in the gift, or out of participating in this promotion in any way whatsoever.
16. The buyer specifically agrees not to file in person / through any family member and / or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against Us, car manufacturers, dealers and other associates of carteckh.com, including agencies and third parties contracted by carteckh.com, and/or their directors, employees, officers, affiliates or subsidiaries, and / or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with this promotion.
17. All gifts mentioned, including the quantity available, are indicative only. Pictures are used for representation purposes only and may not accurately depict the actual gift.
18. Carteckh.com reserves the right to substitute any gift with a suitable alternative or provide gift vouchers of an equivalent value to the buyer, without assigning a reason for the same. Equivalent value of the gift shall be determined solely by Carteckh.com, irrespective of the market / retail / advertised prices or Maximum Retail Price (MRP) of the product at the time of dispatch of the gift. An indicative “gift value” table is provided below.
19. Delivery of the product shall be arranged through a third party logistics partner and carteckh.com is in no way or manner liable for any damage to the product during delivery.
20. Warranty on the gift, if any, will be provided as per the gift manufacturer's terms and directly by the gift manufacturer.
21. Gifts cannot be transferred or redeemed / exchanged for cash.
22. Income tax, gift tax and / or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of the free gifts, shall be payable entirely by the buyer on his/her own account.
23. We at carteckh.com make no representation or warranties as to the quality, suitability or merchantability of any of the gifts whatsoever, and no claim or request, whatsoever, in this respect shall be entertained.
24. Certain gifts may require the buyer to incur additional expenses such as installation expenses or subscription fees or purchasing additional services, etc. The buyer agrees to bear such expenses entirely on their own account.
25. Availing of the free gift and offer is purely voluntary. The buyer may also purchase the car without availing the free gift and / or the offer.
26. For the sake of clarity it is stated that the car manufacturer and / or dealer shall not be paid any consideration by carteckh.com to display their offers and / or offer free gifts for purchasing cars from them. Their only consideration will be the opportunity to sell a car to potential car buyers who may discover their offer on www.carteckh.com.
27. Each buyer is eligible for only one free gift under this promotion, irrespective of the number of cars they purchase.
28. This promotion cannot be used in conjunction with any other offer, promotion, gift or discount scheme.
29. In case of any dispute, Our decision will be final and binding and non-contestable. The existence of a dispute, if any, does not constitute a claim against Us.
30. This promotion shall be subject to jurisdiction of competent court/s at Delhi alone.
31. Employees of carteckh.com and their associate / affiliate companies, and their immediate family members, are not eligible for any free gifts under this promotion.
32. This promotion is subject to force majeure circumstances i.e. Act of God or any circumstances beyond the reasonable control of carteckh.com.
33. Any and all information of the buyers or available with carteckh.com may be shared with the government if any authority calls upon carteckh.com / manufacturers / dealers to do so, or as may be prescribed under applicable law.
34. In any case of any dispute, inconvenience or loss, the buyer agrees to indemnify carteckh.com, its representing agencies and contracted third parties without any limitation whatsoever.
35. The total joint or individual liability of carteckh.com, its representing agencies and contracted third parties, along with car manufacturers and dealers, will under no circumstances exceed the value of the free gift the buyer may be eligible for.
36. We at carteckh.com reserve the right to modify any and all of the terms and conditions mentioned herein at its own sole discretion, including terminating this promotion, without any notice and without assigning any reason whatsoever, and the buyers agree not to raise any claim due to such modifications and / or termination.
By participating in this promotion, the buyer / user agrees to the terms and conditions above in Toto.
ACCESS TO THE SERVICE
We at carteckh.com grant you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us or as otherwise set forth in these Terms. The license set forth in this term permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only. We at carteckh.com reserve all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service of the website beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from carteckh.com.
DELETION OF ADVERTISEMENTS:
You understand that in our efforts to ensure the real and current database, carteckh.com database must be as correct and as accurate as possible. Users/Sellers are required to remove their vehicle advertisements from the listed advertisements as soon as their vehicle is no longer for sale. We at carteckh.com expressly reserve the right and discretion to remove advertisements from our database when the vehicle advertised or listed can no longer be assumed to be for sale.
VEHICLE SEARCH AND SYSTEM INTEGRITY:
You understand and agree that the vehicles listed and advertised on carteckh.com’s database may be searched for only via the search functions offered on the site. You as a User may not interfere with the Website's proprietary contents and coding. Any Attempts to influence or tamper the contents of other parties' advertisements are forbidden. Any such attempts will be prosecuted in all vigor.
a. This electronic agreement is made between AKJ Tech Pvt. Ltd. As the owner of the portal carteckh.com (henceforth mentioned as ‘us’, ‘we’, ‘our’ and ‘carteckh.com’) and the dealership or its representative (henceforth mentioned as ‘You’, ‘Your’, 'Dealer' or ‘Dealership’).
b. Dealer agrees to terms and conditions for becoming a carteckh.com Dealer Member and to avail some or all of specific services through carteckh.com. We offer Dealers Showroom listing, location listing, lead request for used car sell or any other specified service on our portal carteckh.com.
c. A Showroom on carteckh.com means a virtual space on carteckh.com where our stock of cars shall be displayed. Showroom will also have your contact address, telephone number, mobile number and contact person details along with our listed cars.
d. Dealer can avail car listing packages from us to list their cars at carteckh.com. Through listing packages, Dealer's car will be listed along with contact details. Dealer agrees to be responsible for all car or stock details including any other information about dealership. Showroom package or listing package will have unique services. Dealers will be entitled only to use services & facility that are offered under the packages that they purchase.
e. You understand that carteckh.com shall hold all rights for displaying your stock of cars, dealership contact detail or any other relevant information provided by dealership and that We are not party to any transaction related to buying and selling of your listed cars.
f. You as the Dealer hold all the responsibilities for all cars uploaded on the portal via specific dealer login id and/or via call center of carteckh.com. You also understand that You would be providing carteckh.com with complete details of the cars, in the prescribed format. You solely are responsible for availability and authenticity of cars displayed under your name. Under no circumstances carteckh.com hold responsibility or liability for your listed stock of cars. Also, carteckh.com is not responsible for any transaction, undertaken by your dealership and/or representative, related to sell or purchase of cars to individuals, dealers, corporate or any other entity.
g. We at carteckh.com will not charge for any transaction amount or brokerage against our listed cars. You are not liable to pay commission in any form to carteckh.com. Carteckh.com will provide unique username and password to each and every Dealer. Carteckh.com will also provide a web enabled system for uploading the stock of cars to the dealers. We at carteckh.com give you the right to remove and/or modify and/or upload additional cars, during the Showroom rental period.
h. You agree to pay the monthly Showroom pricing as per payment terms applicable at the time of signing this agreement. However, you agree that We have all the rights to revise the price of this Showroom package and this shall be notified to you by email or written document. If You fail to pay for the services availed from carteckh.com, then the company has all the rights to remove or suspend your dealership from displaying your stock on the portal. If suspended, for whatsoever reasons, Dealer no longer will remain a carteckh.com dealer and all the associated services and benefits would be discontinued. We ensure that We will take utmost care in displaying and storing data provided by You. No claims, whatsoever, can be made against us in case of loss of data, business or any such discrepancies.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that carteckh.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against carteckh.com with respect thereto.
INTELLECTUAL PROPERTY RIGHTS AND USAGE RIGHTS:
You acknowledge and agree that the materials on the Website, other than the user Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to AKJ TECH PRIVATE LIMITED, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Carteckh.com reserves all rights not expressly granted herein to the Website and all the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Carteckh.com is a service mark registered with the Controller General of Patents Designs and Trademarks, the Government of India Patents and trademark authorities and in various other jurisdictions.
Any and all data, information, company logos, texts, programs and images of advertisements placed on the www.carteckh.com website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. The copyright associated with an advertised vehicle, i.e. photos and text, does remain property of the advertiser.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to carteckh.com’s email addresses or through Our computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time carteckh.com may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in our email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms & Conditions. Any unauthorized use of our computer systems is a violation of these Terms & Conditions and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legal effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to omissions in these terms and conditions.
TERMINATION OF SERVICE
You acknowledge and agree that carteckh.com may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You agree that We may, under some circumstances and without prior notice to You, terminate your use of and access to any of the parts of our Website to which We restrict access, for example, by requiring registration.
You acknowledge and agree that carteckh.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that we reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that carteckh.com, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if we believes that you have violated these Terms. Further, you agree that carteckh.com shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by carteckh.com without restriction. Any such further assignment or transfer of these terms, rights and Licenses by you shall be null and void.
ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
These Terms & Conditions and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and carteckh.com and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and carteckh.com shall be governed by the laws of India. Any claim you may have against us must be submitted to the exclusive jurisdiction the courts of Delhi, India. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT CARTECKH.COM MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION:
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." CARTECKH.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARTECKH.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
UNDER CIRCUMSTANCES OF FORCE MAJEURE, SUCH AS LAWSUITS, FAILURE IN COMMUNICATION TECHNOLOGIES, NATURAL DISASTERS, AND OTHER SUCH OCCURRENCES, CARTECKH.COM WILL BE RELEASED OF ITS OBLIGATIONS TO PERFORM AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR LACK OF PERFORMANCE. NO CLAIMS CAN BE MADE TO OR AGAINST CARTECKH.COM UNDER SUCH CIRCUMSTANCES
UNDER NO CIRCUMSTANCES WILL CARTECKH.COM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CARTECKH.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE.
YOU RELEASE CARTECKH.COM FROM ALL THIRD PARTY CLAIMS AGAINST US IN SUCH CIRCUMSTANCES WHERE THE USER’S ADVERTISEMENT VIOLATES THE RIGHTS OF THE THIRD PARTY, OR BY ANY OTHER SUCH USE OF THE WEBSITE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CARTECKH.COM, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE AND/OR THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION, MODIFICATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE SERVICE AND THE WEBSITE.
2. Information Collected about You:
We will collect certain non-personal information such as your Internet Protocol ("IP") address, operating system, browser type, and Internet service provider upon your visit to our site. At the time of registration with Site or when you respond to advertisements or posts on the Site or when you post contents on the Site without registering, we may also collect personal information that you provide such as your name, mailing address, email address, phone/mobile number, home country, credit card information, product information and/or zip code as "Registration Information". If you provide your phone number, it will be displayed in your posting. Further, if you have provided your phone number and posted an advertisement using your account, you agree to receive communications on the provided phone number from our side which may include but not be limited to automated calls or text messages. The communication may require you to confirm and verify that your account has been used to post the relevant advertisement on the Website. We shall use IP address information for systems administration (including fraud detection and prevention) and troubleshooting purposes. We may also collect information about your browsing history, your preferences, bookmarked website etc..
We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, spam reports and new contact sellers. By using Site or the Service, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer. You consent to collection, by the Site, of any changes or updates that you may make in your user account on the Site.
Usage of Your Information
We may use information provided by you to:
communicate with you via SMS, Email, Phone or any other means to offer you our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, immaterial to your DNC or DND status.
iii) provide customer services, create and manage user accounts; and
iv) Assist User with technical difficulties, if any.
Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may block users located in certain countries from using the Website. We may retain such information for as long as is required to fulfill our business objective, even after your account is terminated.
5. Third Parties
At Site we may provide links to/of other third parties. While we encourage such third parties to use privacy policies, we cannot be held responsible for their use or non-use of such policies. We use third-party service providers to assist us in generally improving our Website and also to monitor our users’ interests and activities. You hereby authorize us and/or such third party service providers engaged by Site to collect, use, store, analyze, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to your use of the Website for the purpose of data analysis and for improving your experience on the Website. We shall not be responsible for any service availed by you from such third parties or any payment made by you to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by you to such third parties. We are not responsible for the content of these Third-Party Websites or for the security of your personal information when you use the Third Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to.
Protecting Your Personal Information
You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Any information saved by the User while providing information at third-party payment website is not the responsibility of the Company. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off when logging out of the Site. Lastly, you may utilize the Website as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party.
Complete & Free Access to Update/Modify Personal Information and Communication Preferences
You may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Website. If you register or respond to advertisements or posts on the Website or post any content on the Website, we may send you certain notifications, advertisements, promotions, surveys, text messages and phone calls in relation to the Services. You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against us or its service providers under any applicable law. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. In order to opt-out of receiving these notices, you might be required to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Website, notifications that a user has commented on your posting, notifications for refreshing your postings, by changing the preference or security setting in your user account at our Site. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications, from us, related to your account.
Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law and forum.
HOW TO CONTACT US