Terms and Conditions
Girnarsoft Automobiles Private Limited and its affiliates, subsidiaries & associate companies (hereinafter referred individually and/ or collectively as “GAPL” or “We” or “Us” or “Our”) welcome you at www.gaadi.com for doing your car search (both new and used car), inspection, price discovery/valuationand sale & purchase of used car, access to car loans, and other services in automobile space.
- Additional Terms and Conditions
- Terms of Sale
You acknowledge and agree that Your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement.
GAPLuse third-party service providers to assist GAPLin improving our Services and Website and to monitor our Users’ interests and activities. You hereby authoriseGAPLand/or third party service providers engaged by GAPLto collect, use, store, analyse, 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. You acknowledge that this is solely undertaken by GAPLto improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of GAPLand/or third party service providers.
GAPLshall 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. If you click on the links to third-party websites, you leave the Website. 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.
Service available through or use of the Website is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.
This Website, including mobile site/application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 (as amended from time to time), which provides a platform to users to avail the Services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. GAPLis not responsible and cannot be held liable for any transaction between the Website’s User.
By accessing, browsing and using this Website or availing Services, You agree and acknowledge that, You understand this limited and restricted use and accessing, browsing or using this Website or availing any Services is out of your own free will, discretion and responsibility.
GAPLreserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. GAPLreserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that GAPLshall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
GAPLprovides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by GAPLand who wants to explore more options before concluding their transactions. Among other services and information, GAPLmay provide any or all the below listed services to the Users:
- Website may provide the information on new cars or upcoming cars including without limitation price, specifications, dealer locations etc.
- GAPLwill provide services to research cars, prices, technical specifications, other car attributes, and warranty and road side assistance.
- The services can include listing of your used cars, online or browsing through the list of used cars listed by Users of GAPL. Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, services to other Users of the Website. GAPLmakes no claims that the any such information / data as available is accurate or applicability of the information to any specific situation.
- GAPLmay also provide the user the ability to send SMS to the user's top callers or send an email to the users friends letting them know about the service.
- Website may provide certain Features, Content ("Features" and “Content” are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.
- Website may also provide information on additional products of third party e.g. banks, financial institutions, insurance company, dealers etc. pertaining to loan, insurance, and other services ancillary and incidental thereto.
- GAPLmay also provide services towards facilitation of sale and purchase of Your used car to used car dealers and other services ancillary and incidental thereto including without limitation inspection and price discovery/valuation of Your used car.
All the above listed services are provided at the sole discretion of GAPL, and You acknowledges and agree that GAPLcan add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
Features And Content
"Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Website by GAPL.
"Feature" or "Features" : A "Feature" may include any interactive, value addition service or other additional feature including without limitation comparison, 360 degree view etc. which are introduced or available on the Website.
GAPLmay allow the User of Website to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof (collectively referred to "User Content") 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 Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products / services available through or at Website.
Being the originator of the User Content, You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledges and agree that of the User Content posted or transmitted through our Website represents the views of the author, and not of GAPL. You also acknowledge that your use of or reliance on such content is at your own risk.
You acknowledge that GAPLdoes not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then GAPLat its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
Your Account And Login Options
User may access to the Website or other information and material as available on the Website, as a guest user, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information available on Website for all users (called ‘Guest User’) who do not need to register or create any account on Website. However services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create account on Website or provide certain personally identifiable information.
To avail the certain features, not available for Guest User, You need to register / create an account by providing certain details e.g. Your name, contact details, email id etc. (“Your Information”). Once You register with Website and provide Your Information and complete the process of registration, GAPLset up an account by providing login id and password (“Your Account”) which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, GAPLrecognize You as a registered user (Registered User) and You can login into Your Account and avail the Services and access to other features and information not available to Guest Users.
If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
You agree that when You provided Your Information while registering/creating Your Account with Us, You shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user’s account. GAPLmay suspend/delete Your Account or can limit/deny the access to the Website or Services, any time, if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.
Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement, GAPLgrants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website.
You acknowledge, agree and undertake that the Your use of the Website shall be strictly governed by this Agreement (including Term of Use) and the following binding principles:
- You shall not use or access the Website or avail the Services by any means other than through the interface that are provided by GAPL.
- When You use the Website or Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:
- belongs to another person and to which the User does not have any right to;
- 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 whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violate any applicable laws or regulations for the time being in force within or outside India;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or entity;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- is misleading in any way or shall not , directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- engage in any activity that interferes with or disrupts access to the Website or the Services available through or at the Website and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.
- attempt to gain unauthorized access to any other user’s account, Website any portion or Feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of GAPLconnected with the Website to provide the Services. You shall not access the Website, Features or any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means or through automated means including robot, deep link, page scrape;
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor disrupt, interfere, breach the security or authentication measures on the Website or any network connected to the Website or cause any harm to the Website, system resources, servers of GAPLconnected to or accessible through 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 any other customer of GAPL, including any other Account on the Website not owned by You, to its source, 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;
- use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of GAPLor other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service;
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of GAPLor buyers/sellers on Website or otherwise.
GAPLat all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of GAPL, GAPLdetermines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then GAPLmay either remove or edit or block such material without any notice.
Though GAPLdoes not pre-screen the User Content, yet that GAPLand its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.
Notwithstanding the above-said right, You acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not GAPL, are entirely responsible for all User Content that you have provided GAPLwith, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledges and agree that these User Content does not necessarily reflect the views of the GAPLnor GAPLendorse any such User Content.
Further to this it is informed that GAPLmay share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.
Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. GAPLdoes not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.
You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not GAPL, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.
GAPLmay from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
It is clarified that any Scheme provided by GAPL, unless otherwise provided, shall not be clubbed or combined with any other scheme available on Website. Further to this, GAPL, depending upon the different circumstance, may suspend/cancel/vary the Scheme without any notice.
When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and GAPLshall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.
If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. GAPLis not and shall not be obliged to provide any such additional services. GAPLonly provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.
GAPLstrongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by GAPLand/or Seller. Please be aware that even if you do not give GAPL, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
You may list or provide the details of cars (used/new) for selling to the prospective buyers as a Registered User of the Website.
You must be legally able to sell the car(s) you list for sale on Our Website. Listings may only include text descriptions, graphics and pictures that describe your car for sale. All listed cars must be listed in an appropriate category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the car listing or elsewhere on the Website is expressly prohibited and would be considered as a breach of this Agreement. All listed cars must be kept in stock for successful fulfilment of sales.
The listing description of the car must not be misleading and must describe actual condition of the product. If the car description does not match the actual condition of the car, You agree to refund any amounts that You may have received from the Buyer.
You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement. In any such case, GAPLmay suspend Your Account or permanently debar You from accessing the Website.
As a Seller you certify that all information provided by you against your listed car is true.
Dealers must should refrain from bribing/corrupting with any of the GAPL’s employees or customers for undue benefit. Any such action will lead to suspension of Account and termination of Services.
Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.
GAPLreserves its right to screen the listing of cars before publishing the same on the Website. This screening process is initiated from time to time to ensure the authenticity of the details posted by Seller. This screening may take some time and therefore listing of Seller car may be delayed. If at any time, in sole discretion of the GAPL, GAPLdetermines that the particulars of the car is misleading or not accurate, then GAPLmay remove such listing from the Website and can further take appropriate actions against the Seller.
If You buy or sell any car by participating in Auction (offline or online), You acknowledges and agree to be bound by the terms and conditions of Auction sale, as may be applicable. These Auction sale terms and conditions shall be in addition to the terms and conditions of this Agreement. To participate in Auction, GAPLmay ask you to provide or execute some additional documents or may ask to deposit the security deposit.
Inspection and Price Discovery/Valuation services
Upon your request, We may provide You with inspection and price discovery services in respect of Your used car in order to facilitate the sale of Your used car to used car dealer. Upon Your request for the said services, We may engage Our personnel/affiliates to inspect Your used car. In case You fail to show up on the scheduled time, We may cancel Your appointment at Our sole discretion.
Any instant online price discovery/ valuation is not an offer by Us to purchase the used car. It is simply a tool to enable You to estimate the prima facie value of Your used car based on the inputs provided by You.
You may take note of that GAPLshall contact You and may send You best offers and/or related communications including promotional offers on Your given email address and may contact You on Your other contact numbers. Therefore, by availing the online price discovery/ valuation, You hereby provide Your consent and allow Us to communicate with You on the given contact information and share with You promotional and other offers.
We always carry out a physical inspection of the used car before We convey any intent to proceed with further transaction for arriving at a final sale price. After You have received an online valuation, You may book an appointment for physical inspection at one of Our centers by contacting Us or filling an online form (an ‘Appointment’). Upon Your request, We will physically inspect Your used car which includes inspection of all the working components and features and which shall be the critical factors to arrive at any price discovery by Us.
In consideration of the provisions of the inspection and price discovery services, You shall comply with following obligations:
- You will provide Us with the information that We may reasonably request for the provision of said services including without limitation registration number, model number, insurance details and any other information as required by Us;
- You are advised to remove any valuable items from Your used car on which the inspection and price discovery services need to be performed. GAPLwill not be responsible for any valuable / articles / items left in the used car by You.
- You undertake to report any issues/complaints regarding your used car at the time of inspection.
Upon acceptance of Your request for the inspection and price discovery services, You hereby agree and authorize GAPLand its employees or authorized representatives to (a) drive Your used car for the inspection and price discovery services and for the purposes set forth in these Terms; and (b) photograph Your used car for showcasing it on the Website for the Services.
Further, due to personalized nature of the inspection and price discovery services, You may, from time to time, personally interact with the employees/consultants/representatives of GAPL. Your continued use of said services is contingent upon Your continued observance of following code of conduct. You agree that You shall:
- avoid all unnecessary physical contact with the employees/consultants/representatives of GAPLand to treat them with respect and courtesy at all times;
- not physically harm, threaten to harm, or intentionally or recklessly cause harm to the employees/consultants/representatives of GAPLor, create a condition that endangers their health and safety;
- not make or attempt any unwanted sexual advances or statements to the employees/consultants/representatives of GAPL;
- not threaten, harass, stalk, intimidate, or engage in any other aggressive, bullying or unlawful behavior against the employees/consultants/representatives of GAPL;
- not use any vulgar or obscene language or otherwise engage in behavior that is likely to make the employees/consultants/representatives of GAPLfeel uncomfortable, embarrassed or offended; or
- not engage in any behavior that discriminates against the employees/consultants/representatives of GAPLon the basis of race, caste, sex, religion, age, national origin or sexual orientation.
Any price discovery/ price valuation generated by Us, whether online or offline is based on the information You give to Us about Your used car and on the general reasonable assumptions We make about Your used car (the "Assumptions") which includes, without limitation, the registration certificate is in the name of the seller, a valid Indian registration number, adequate insurance of the used car, no mechanical faults, damages and encumbrances on the used car.
Any price discovery/valuation of Your used car generated by Us ismerely an opinion of GAPLand the actual price of Your used car may vary depending on multiple factors, including but not limited to the condition of the Vehicle, market conditions, information and documents as made available by You.
We do not guarantee or make any claim that anyprice discovery/ price valuation generated by Us or final price offered by Us for the sale of your used car is the best market price for Your Vehicle and further assumes no responsibility for errors or omissions.
In the event any sale-purchase transaction is consummated in respect of Your used car, You hereby agree to abide by and shall be bound by the additional terms and conditions as applicable to such transaction.
Links to third party websites and third party content
Our Website may contain, hyperlinks to websites operated by parties other than GAPLor, third party information such as product, product description, catalogue, dealer’s details, news, videos and photographs and any other data made available by the third party (“Third Party Content”). The provisions of Third Party Content is for general information purpose only.
GAPLmakes reasonable efforts to ensure that the details provided on our Website is accurate, however, GAPLdoes not control such Third Party Content and therefore shall not be responsible for any loss or damages resulting out of the use of Third Party Content.
The inclusion of Third Party Content to Our Websites does not imply GAPL’scertification or endorsement of such websites nor any association with their operators. GAPLor its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third Party Content of such other services or sites to which links are provided. A link to another service or website is not an endorsement of any products or services on such site or the Website. You shall be solely responsible for any or all the consequences that arise out of your use of such Third Party Content or hyperlinks to other websites.
You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third-party websites pursuant to cobranding agreements, and that it is the sole responsibility of each of those search engines, third-party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that GAPLis not liable for the information published in search results or by any third-party website that carries GAPLpostings.
Fees & Payments
Access to Website is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. However GAPL, reserves the right, and may levy certain charge and fees in the future. You agree to pay any such fee as may be applicable to the Services or Product that You avail.
Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
You shall be responsible for all Your Fee and Payment related obligations and GAPLreserves the right to suspend the Services/Account or terminate the membership in case You do not fulfil Your payment related obligations in full. We also reserves the right to take legal action in case of non-payment of fees.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
GAPL, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Website which includes banks, financial institution etc. You shall be responsible to abide by all rules/regulations/guidelines as issued and applicable to online payments.
When You make the payment through third party payment gateway, such third party process Your Payment to GAPL, provided You comply with all applicable rules and regulations. GAPLshall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as GAPLdoes not control such third parties.
License, Website Access & Modification
License and Website Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, GAPLgrants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website, subject to the following conditions:
- The license shall not include: (i) any resale or commercial use of this Website or its Contents; or (ii) any derivative use of this Website or its Contents;
- It is not permitted to submit a lead or to enquire against a used car listing on the Website for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on the Website by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another site, brokering, match-making with other buyers, or purchase for resale.
- You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Website to any other entity or individual.
- No Contents or information on the Website may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Website that You do not restrict or inhibit any other user from using this Website.
- You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GAPLand/or our affiliates without the express written consent of GAPL. You may not use any meta tags or any other "hidden text" utilizing GAPL’s name or trademarks without the express written consent of GAPL.
- Any software that is available on the Website is the property of GAPLor its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of GAPL.
- Any unauthorized use terminates the permission and the license granted by GAPLunder this Agreement to you.
Modification: All information available on Website is made available to You on best efforts basis, however, GAPLdoes not guarantee nor assume any responsibility for the correctness of such information/data. GAPLreserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information (including without limitation pricing, description and any other information etc.) is found to be not up to date or incorrect, GAPLreserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that GAPLshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
Intellectual Property Right
All text, graphics, audio, design and other works on the Website are the copyrighted works of GAPLor its licensors. Content on the Website is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of GAPLand/or its affiliates or associates or of its third-party information providers.
Website may contain also contain certain trade-marks, logos or service marks (“Marks”). These Marks are the proprietary to the GAPLor its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the GAPLor its vendor or third party that own and control the Marks.
YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF WEBSITE OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT WEBSITE, NO RIGHT (EXPRESS OR IMPLIED) IS GRNTED TO YOU IN RESPECT OF SUCH CONTENT. GAPL RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.
You further acknowledge and agree that You shall not shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Website, in any way without obtaining the prior permission from GAPLor its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.
It is clarified that any use of the Website, Content, Marks or other intellectual property rights of GAPL, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of GAPLor their respective third party, upon which GAPLor third party may initiate the appropriate legal proceedings against the User.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, GAPLowned/licensed all intellectual property rights to and into the trademark and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO GAPL.
Disclaimer of Warrant and Liability
ALL CONTENT, USER CONTENT, THIRD PARTY CONTENT OR INFORMATION PERTAINING WEBSITE OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WHEN YOU ACCESS THE WEBSITE OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUG 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. WITHOUT LIMITING THE FOREGOING, GAPL AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:
- THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR
- WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. GAPL 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.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, GAPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO WEBSITE, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS. GAPL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
ANY MATERIAL, CONTENTS, SOFTWARE OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSIRE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. GIRMAR IS NOT LIABLE ON THE AUTHENTICITY OF SUCH DATA/INFORMATION.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GIRMAR BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GAPL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHAGE/DOWNLOAD THE WEBSITE FROM OTHER THIRD PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER GAPL NOR ANY THIRD PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE WEBSITE TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE WEBSITE AS RECOMMENDED BY THIRD PARTY SERVICE PROVIDERS.
Indemnification and Limitation of Liability
Indemnity: You agree to indemnify, defend and hold harmless GAPL, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage (including infringement of the intellectual property rights) to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
GAPLmay notify You of any claims which You shall be liable to indemnify GAPLagainst. You will then be required to consult with GAPLregarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of GAPLwithout the express prior written consent of GAPLwhich can be withheld or denied or conditioned by GAPLin its sole discretion.
Limitation of Liability: GAPLassumes no liability whatsoever for any monetary or other damage suffered by You on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (b) Any interruption or errors in the operation of the Website.
Notwithstanding anything to contrary in the Agreement(s), in no event shall GAPL, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not GAPLhas been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services, Content, User Content or Third Party Content.
Platform for Communication
This Website is only a platform to facilitate the interaction between the Users of the Website and provided an opportunity to browse the products and Services and conclude the transactions. Thus this Website works like an Intermediary only, who provides an online marketplace to its Users, in terms of Information Technology Act, 2000 (as amended from time to time).
Therefore GAPLis not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
- All commercial/contractual terms are offered by and agree to between the Buyer and Seller alone.
- GAPLis not responsible for any non- non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). GAPLcannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website.
- You further agree and acknowledge that GAPLis only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products/Services on the Website. GAPLis not the seller of the products. Accordingly, any contract for the sale / purchase of products/Services on the Website is a bipartite contract between Buyer and Seller.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
You release and indemnify GAPLand/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, GAPLcannot control the information provided by other Users which is made available on the Website. 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 Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
In addition to this, and being an Intermediary, You acknowledge and agree that when You interact with GAPLthrough Website or send any data/email/message or communicate otherwise, You are communicating with GAPLthrough electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.
Report Abuse & Your Feedback
Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the GAPL. GAPLadvises its Users not to use/send any such email. Any such reported instance will be investigated and GAPLwill take appropriate measures (including legal steps, if required) to stop such practices.
Your Feedback: When You share any feedback or post anycomment (including User Content) on Website, it is deemed Non-Confidential. GAPLis at liberty to use any such feedback or User Content and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) GAPLis not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) GAPLmay have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from GAPLfor the feedback under any circumstances.
You and GAPLeach agree that any and all disputes or claims that have arisen, or may arise, between You and GAPLrelating in any way to, or arising out of this or previous versions of the Agreement, or any other documents incorporated herein by way of reference or your use of or access to GAPL's Services, or any products or Services sold, offered, or purchased through GAPL's Services shall be referred to the sole arbitrator who shall be an independent and neutral third party and shall be appointed by GAPL.
The place of arbitration shall be Gurgaon, Haryana, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 (as amended from time to time).
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to GAPLmust be sent to the address identified under clause 21 (Miscellaneous).
Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email
On behalf of GAPLto:
Girnarsoft Automobiles Private Limited
Attn: Legal Function
Address: Plot 49, Sector-44, Gurugram-122003, Haryana, India
On behalf of User to
By email (as provided by You at the time of Registration or communicating with GAPL) or by general notification on the Website.
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. GAPL’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by GAPLto any third parties without the requirement of seeking Your prior consent. GAPLshall have right to transfer Your Account and Account Information to a third party who purchases GAPL’s business as conducted under the Website.
Severability: If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
Contacting You: By accessing Our Website and/or availing any service or product at or through Our Website, You give Your consent to Us and both our associate partners (including Dealers, financial institutions etc.) to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of GAPLfor the purpose of this Agreement shall be the following:
Governing Law and Jurisdiction
This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 21 (Arbitration) above, all disputes arising under this Agreement between You and GAPLshall be subject to the exclusive jurisdiction of courts at Gurugram, Haryana, India.
24.1 Chrome Plugin is used to create a delightful experience and help you to make a smart decision. In additional to the above terms and conditions, You agree to follow below mentioned terms and conditions including any third party software terms associated with this plugin:
- Chrome Plugin is an add-on program for GAPL.
- The plugin is a free tool (“freeware”) and built only for personal usage by an individual.
- The plugin is developed to enhance your experience and functionality of browser You can add GAPLExtensions to your browser (Chrome, Firefox etc.) for a more personalized experience like better price comparison, trending products, price drop alerts, exclusive coupons, etc.
- You may uninstall it using the standard procedures as per your Google Chrome browser guidelines.
24.2 Privacy Terms relating to GAPL Chrome Plugin
- You agree that GAPLPlugin for Chrome will use your browser to fetch data including listing page, prices from various third-party sites.
- GAPL can receive and store any information You enter on Our Website or give Us in any other way. You can choose not to provide certain information, but then You might not be able to take advantage of many of Our features. We use the information that You provide for such purposes as responding to Your requests, customizing and improving Our services, and communicating with You.
- You agree that whenever You intentionally/unintentionally interact with GAPLPlugin such as click on any GAPLPlugin button or interact with any prompt generated inside Your browser with GAPLPlugin installed, You provide unconditional permission to GAPLPlugin to take necessary steps which may include opening a new webpage or taking You to the same web page through a differently directed internet route.
- When You install the GAPLChrome Plugin in Your web browser, and at times during Your use of the GAPLWebsite and/or any other website, We transmit GAPLcookies to the hard drive of Your computer. In addition, for every Web page You view while using the Plugin Service, GAPLcan transmit and store Your IP address, which may include a domain name, the full URL of the Web page You are visiting, general information about Your browser; general information about Your computer's operating system; Your GAPLcookie number or other identifying alphanumerical information enabling GAPLto identify Your computer; and the date and time the above information is logged. All of this above information is logged together for each Web page You may visit. This information is logged in our database in the chronological order received from Our many users. The Plugin Service can also automatically collect information about the online advertisements that are displayed on the websites You visit - specifically, the text, source, and URL of the online ad/ads - and the terms You choose when You use search engines to search the Web. You may disable or uninstall the Plugin to stop sending GAPLany web page, advertisement, or search term information in the extensions setting menu in your browser. GAPLcan also periodically collect usage statistics from Plugin Service users that describe the frequency of use of each Plugin Service feature. You disable or uninstall the Plugin to stop sending GAPLany usage statistics information in the extensions setting menu in Your browser. Finally, to ensure accurate information about the number of Plugin Service users, the Plugin Service can periodically send a signal to GAPLcontaining basic information such as the IP address of Your computer.
- When You add GAPLto Google Chrome as Chrome Extension, You explicitly permit Us as well as third parties, to the extent apply, to display notifications, read and change Your browsing history, read and change Your bookmarks, manage Your apps, extensions and themes, detect Your physical locations, and read all Your data on the Website.
24.3 Intellectual Property provisions
- You acknowledge that GAPLowns all intellectual right (including source code, title, product conceptualization, and market analysis) worldwide.
- You agree that You will not modify, adapt, reverse engineer, make attempt to derive source code from GAPLPlugin.
- You will not decompile or disassemble and agree not to remove or alter any copyright notices, trademark or any other proprietary rights notices connected with the plugin.
24.4 Warranty Disclaimer
- GAPLdoes not claim any responsibility for causing harm to any party whatsoever upon using GAPLPlugin.
- This plugin is to be used “as is” with no warranty. Please check the Plugin legality under Your jurisdiction. GAPLis expressly disclaiming implied, statutory warranties, including without warranty limitation, fitness (particular purpose, and non-fringe holds of proprietary rights from any 3rd party sites. Warranty disclaims include security, reliability, plugin performance and on timeliness.
- You understand that usage of Plugin is as per Your own discretion. You will be fully responsible for any damages or loss including data loss that may result from Plugin usage.
24.5 Miscellaneous Provisions
GAPLmay make changes in Plugin functionality from time to time to enhance customer experience and users are requested to check this page periodically.
Bonus Offer – Terms and Conditions
- Bonus Offer (“Offer”) launched by Girnarsoft Automobiles Private Limited (“Company”) is valid for a limited period from 8th October 2019 (12.00 am) till 31st October 2019 (12.00 am).
- Offer can be availed by any person who has attained the age of 18 years or more as per Indian Contract Act (“Customer”) and who wishes to sell his/her/its pre-owned vehicle to the Company, as per the relevant terms and conditions of the Company.
- Offer is subject to fulfillment of all the requirements and documentations for sale transaction of the pre-owned vehicle, to the satisfaction of the Company, as per the relevant terms and conditions of the Company.
- Offer Details: On successful consummation of sale transaction of the pre-owned vehicle subject to terms and conditions of the Company, the Customer shall be eligible to receive bonus of upto INR 31,000/- (Rupees Thirty One Thousand only), as per applicable terms and conditions and subject to sole and absolute discretion of the Company.
- Applicable Bonus Amount will be credited in the bank account of the registered owner of the pre-owned vehicle or to such person as the Company may decide in its discretion, within a period of seven (7) working days of consummation of sale transaction of the pre-owned vehicle, subject to terms and conditions of the Company.
- Bonus Amount cannot be credited to the account of any third party or relative of the Customer.
- Company rerserves the right in its discretion and without any obligation to do so, to credit applicable Bonus Amount in the Customer account linked to a third party online wallet.
- Bonus Amount will not be credited to more than one bank account.
- Customer acknowledges and affirms that Customer shall be solely responsible and liable for any and all consequences for the payment of applicable Bonus Amount made by the Company pursuant to the Offer, in the bank account as per the details provided by the Customer.
- Customer acknowledges that consequent to payment of applicable Bonus Amount by the Company in the bank account as per the details provided by the Customer, the liability of Company shall stand discharged in full and final and Company shall not be responsible or liable in any manner whatsoever including but not limited to any wrong/incorrect/faulty payment or any dispute regarding the payment of applicable Bonus Amount
- Company reserves the right to decline the Offer to any customer if the Company is of the opinion (in its sole and absolute discretion) that the Customer has breached any of these terms and conditions and/or failed to fulfil the requirements and documentations for sale transaction of the pre-owned vehicle, to the satisfaction of the Company, as per the relevant terms and conditions of the Company.
- Company reserves the right to not to credit the Bonus Amount in the event Company has reasonable grounds to believe that Customer is misusing the Offer or is violating the terms and conditions of this Offer or is availing the Offer in his/her family members name multiple times during the term of this Offer.
- Customer alone shall be liable to pay any incidence of taxes, levies or duties as may be applicable on the Bonus Amount.
- Company reserves the right to offer gift vouchers/gift packs worth Bonus Amount in its sole discretion and without prior notice to the Customer.
- Offer cannot be availed if pre-owned vehicle is sold to Company in routine course of the business of the Customer as a dealer of used vehicles.
- Company reserves the right to ask for additional KYC details as may be required by Company for compliance and regulatory purposes for purpose of crediting the applicable Bonus Amount.
- Offer is non-encashable, non-transferrable and non-exchangeable for any other value or item.
- This Offer cannot be clubbed with any other offer as may be offered by the Company.
- Customer can avail this Offer only once during the entire term of this Offer.
- Company reserves the right to withdraw or postpone the Offer or amend the terms and conditions of the Offer in its sole discretion without any prior intimation to the Customer.
- In the event of any dispute pertaining to the Offer or terms and conditions of this Offer, the maximum total liability of the Company is restricted to the extent of Bonus Amount as applicable to the particular pre-owned vehicle which is sold by Customer to the Company and Customer’s sole and exclusive remedy shall be to demand such Bonus Amount only.
- Courts of Gurugram, Haryana, India shall have exclusive jursidiction over any dispute arising under or in connection with this Offer or terms and conditions hereof.