EFFECTIVE DATE: 31st August 2016
1. Nature and Applicability of Terms
1.1 The following terms and conditions constitute an Agreement (hereinafter referred to as the “Agreement”) between You and AUTOALLOT TECHNOLOGIES PVT. LTD. (“AUTOALLOT”, “We” or “Us”), the operator of www.autoallot.com (the “Site”) and related applications, services and mobile applications provided by AUTOALLOT (hereinafter when referred collectively called as ‘AUTOALLOT Platforms’). This Agreement shall govern your use of Services (defined below), both as registered and non-registered user.
1.2 By using or otherwise accessing the Services, and/or by registering with AUTOALLOT, You agree to the terms of this Agreement, including the information disclosed hereinbelow, and to be bound by the same. If you do not agree with this Agreement, you should refrain from using the Services. Your access to any of AUTOALLOT’s Platforms is also at the sole discretion of AUTOALLOT.
1.5 You agree thatAUTOALLOT will not be liable to You or any third party for any suspension or discontinuation of any of the Services or portion thereof.
2.2 If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
3. Compliance with Law
3.1 This Agreementis in compliance with all the relevant Laws, rules and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000 .
4. RESPONSIBILITIES OF THE USER
4.1 The User shall not host, display, upload, download, modify, publish, transmit, update or share any information that —
a) belongs to another person and to which the User does not have any right to;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
j) violates or attempts to violate the integrity of the security of the AUTOALLOT Platforms.
4.2 User shall not use any of AUTOALLOT Platforms apart from the reasons provided for.
4.3 User shall not intentionally furnish any incomplete, false or inaccurate information.
4.4 User shall not make any unsolicited communications to other Users.
4.5 User shall not misuse the contents provided on the Site.
5. REPRESENTATION OF AUTOALLOT
5.1 AUTOALLOT reserves the right to advertise on its Platforms but does not endorse any services or products advertised. Users are advised to use their discretion with respect to advertisements.
6. REPRESENTATION OF USER
The User represents and warrants that he/she/it:
6.1 Shall use the Site and the Services for lawful, non-commercial purposes.
6.2 Shall not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the AUTOALLOT Platforms or the Services.
6.3 Shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, or any other means, and shall be prosecuted for the same.
6.4 Shall resolve any dispute between You and any other User arising from any transaction hereunder directly with the User.
6.5 Shall be responsible for all use of the Services and for all use of Your Personal Information , including use by others to whom You have given Your PERSONAL Information.
6.6 If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
8. DISCLAIMER OF WARRANTIES
8.1 The Site is only a venue where Users may meet and interact with car dealers for purchase of new cars. AUTOALLOT is not and cannot be a party to or control in any manner any transaction between the User of the Site and the car dealer and consequently:
a) AUTOALLOT is not responsible for any non-performance or breach of any contract entered into between the User and car dealer. AUTOALLOT cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. AUTOALLOT shall not and is not required to mediate or resolve any dispute or disagreement between the User and the car dealer;
b) AUTOALLOT does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the cars or services proposed to be sold or purchased on the Site.
c) AUTOALLOT does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf;
d) The Site is a channel of communication whereby the Users can reach a larger base to authorised car dealers of various make. AUTOALLOT is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the winning buyer. At no time shall any right, title or interest over the cars vest with AUTOALLOT nor shall AUTOALLOT have any obligations or liabilities in respect of such contract. AUTOALLOT is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of cars which are out of stock or otherwise unavailable;
e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with;
f) You release and indemnify AUTOALLOT and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, AUTOALLOT cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site.
9. DISCLAIMER AND SUGGESTIONS
9.1 AUTOALLOT is not liable for any liabilities arising out of the User’s reliance on the Services, content provided on AUTOALLOT Platforms to the fullest extent permitted by law.
9.2 AUTOALLOT does not charge any fee from its Users. AUTOALLOT only charges from the car dealers and any amounts paid by the Users to AUTOALLOT shall paid to the car dealer.
10.1 AUTOALLOT reserves the right to suspend or terminate a User’s access to any of AUTOALLOT ’s Platforms with or without notice and to exercise any other remedy available under law, in cases where:
b) AUTOALLOT is not able to verify the authenticity of information provided the User.
c) AUTOALLOT receives complaints from third parties against the User.
d) AUTOALLOT has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the User.
e) The action of the User is contrary to the law in force
10.2 Upon termination,AUTOALLOT reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of AUTOALLOT that the user may be allowed to re-register or allowed to use the same account.
11.1 User agrees to indemnify and hold harmlessAUTOALLOT , its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. AUTOALLOT will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
11.2 In no event, including but not limited to negligence, shall AUTOALLOT , or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if AUTOALLOT was advised of the possibility of such damages.
11.3 In no event shall the total aggregate liability of AUTOALLOT to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the AUTOALLOT Platform or Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
18.1 AUTOALLOT may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
18.2 You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
No relaxation, forbearance or delay by AUTOALLOT in enforcing or exercising any of the terms of this Agreement shall prejudice, affect or restrict the rights of AUTOALLOT , nor shall constitute a waiver by AUTOALLOT of any breach hereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.
In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to a mend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any.
16. SUPPLEMENTARY AGREEMENT
The headings contained in this Agreement are for reference and convenience purposes only and shall not be solely taken into account for the purpose of interpreting any clauses or provisions that they relate to. They do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator. The award given by the arbitrator shall be final and binding on the Parties. The arbitrator shall be appointed by AUTOALLOT . The place and venue of arbitration shall be Bengaluru. The Arbitration shall be held in English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.
19. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. The courts at Bengaluru shall have exclusive jurisdiction in respect of this Agreement, your use of the Website or the Services or the information to which it gives access . Any use outside of India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
20. GRIEVANCE OFFICER
i. All grievances are to be addressed toAUTOALLOT by an affected person in writing or through email signed with electronic signature about any such information.
ii. All grievances addressed toAUTOALLOT after due diligence would be acted upon as per the provisions of applicable laws.
viz. Name: Mr. Alan Shekar
E-mail id: firstname.lastname@example.org
Contact details: 080 22246076