“We”, “Us”, “Our”, “Autocart”, shall mean the Company. “Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Site “You”, “Your”, “User” refers to the user of the site. “User” is anyone who is visiting, accessing or browsing the Site. “Website” shall mean www.autocartindia.com, a Website through which the Company’s services shall be availed. “Content” refers to any text, image, graphic, video, audio, location or all forms of data which are made available on the the Website, www.autocartindia.com “Your Content” refers to any content submitted by way of registration or interaction by means of publishing or uploading content on the Site. “Third Party” refers to any person other than the “User”, “Company” or the “Website”.
For a Registered Member: Members need not register with the Company to avail its services, but if a User wishes to register he/she can do so by synchronizing their Facebook and/or Google account(s) or by providing certain information, this information includes, but is not limited to, the following: Name, Address, Phone Number, Email ID The Company may further, in its discretion terminate or end the relationship with any User with or without furnishing reasons for the same after settling all dues.
Member registration is optional in order to avail the services as provided by the Website. At any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Company has reason to believe You have done so, We hold the right to permanently suspend Your account.
You agree, undertake and confirm that your use of our service shall be strictly governed by the following binding principles: You agree and understand that the Website merely provides an online marketplace, and is in no manner responsible or liable for the User’s interaction other Users or third parties. USER’S OBLIGATIONS The User undertakes to fullfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. You understand and agree that the Company merely provides a marketplace for Buyers and Sellers, and does not endorse any aftermarket or replacement car parts or claims that any such parts or products are genuine and/or OEM authorised.
b. You understand and agree that products shipped will be done so through multiple modes of carriage including, but not limited to, railways, roadways and airways.
c. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation, any usage rules set forth in this Agreement.
d. You understand and agree that all products will be shipped within 2-3 working days of the order being placed on the Website. However, for certain products the permissible time between the order being placed on the Website and the product being shipped may be 5-25 days, as per the sole discretion of the Company.
e. You understand and agree that in the even there is a discrepancy in the time required to ship a product, the User will be notified and can inquire via email to [email protected]
f. You understand and agree that prices vary, and that the Company shall offset any price difference – negative or positive – with the Buyer. For example, if the Company has been paid more than the product cost, the Company shall return the extra amount, and if the Company has received less than the cost of the payment, the Company shall take the remaining amount before shipping the relevant product.
g. You understand and agree that the Company only processes an order after the payment has been confirmed; payments can be made via Net Banking, Debit/Credit Cards, Transfer of Payment directly to the Company’s Bank Account, Escrow Payment or Cash.
h. You understand and agree that Value Added Products and Services (VAPS) are provided by the Company on an “as is” basis as per the supplier and/or manufacturer’s Terms and Conditions, and that the Company is merely provides a service so as to allow said VAPS to be accessed by Users.
i. You understand and agree that the Company merely provides a marketplace, and that any disputes arising between Buyers and Sellers are to be addressed by those parties, and that the Company may – at its sole discretion – help facilitate the settlement of such disputes, but has no liability or responsibility with regard to the same.
j. You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
ii. access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, 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 or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
iii. use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise
(i) Company’s services;
(ii) any other party's use and enjoyment of company’s services; or
(iii) the services and products of any Third Party (including, without limitation, the Authorized Device).
iv. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's electronic device;
viii. download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website, or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, or any affiliated or linked Websites and/or Applications;
xii. violate any applicable laws or regulations for the time being in force within or outside India;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
xv. disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India;
Browsing and the use of this Website is free of cost. However, the Company shall charge Members for availing the purchase and shipping services as made available on the Website. Additional Shipping Charges Rs 150/- will be charged for shipping on the first product a User purchases and Rs 15/- per additional product the User purchases along with the first product.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website.
a. These Terms will remain in full force and effect while you are a User of the Website.
b. You may cease to be a User at any time, for any reason, effective upon receipt by the Company of your written or email notice of termination, sent to the postal or e-mail address.
c. The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or delete your Profile and/or any content you have submitted on the Website.
d. The Website may immediately terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted on the Website in the event that you have breached these Terms. In the event of such termination no refund shall be payable by the Company.
In the unlikely event we end up in a legal dispute, it will take place in Madhapur courts, applying Indian law. You agree that the laws of the State of Telangana, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Madhapur and we each agree to personal jurisdiction in those courts.
You agree that the Company, automatically assigns this Agreement and information incorporated herein in to a User. You may not assign your obligations under these terms to another entity.
a. Independent Contractors: The Company is not an agent, employee or partner of any User (Buyer or Seller), manufacturer or any other third party.
b. Modification of the Terms of Service: These terms of service may be modified from time to time to deliver better services or to intimate Users of the modified terms. It shall be the obligation of the User to acquaint himself or herself with the modified Terms of Service from going to the Website and reading the terms of service from time to time. The Company agrees to inform the User either through email or a pop up on the main page if there have been any significant changes made to the terms of usage on the Website.
c. Waiver: A decision not to act against any User for any improper conduct does not prevent the Company from acting in any future case against the same or other Users.
d. Severability: Any portion of this Agreement held unenforceable by a Court of law shall not affect the operation of any other portion of the Agreement, and the rest of the Agreement shall be read in such a way as to be compliant with all applicable laws.
e. Dispute Resolution: All disputes will be resolved amicably by mediation or negotiation, following which they shall be referred to arbitration, as per the Arbitration and Conciliation Act, 1996. The seat of the arbitral proceedings shall be Madhapur and the venue of the same shall be Madhapur. The matter shall be referred to a sole arbitrator as selected by Company. The arbitral award shall be final and binding on both parties.
If you have any questions about this Agreement, the practices of the Company, or your experience with the Website, you can e-mail us at [email protected] .