These Terms of Use govern the use of the www.classicautomotives.net
website ("Website"). The Website is owned and operated by CLASSIC
AUTOMOTIVES AND ESTATES INDIA PRIVATE LIMITED, incorporated under the
Companies Act, 1956 (No 1 of 1956), with its registered office at Sy #152,
Prithvi Theatre Complex, Beside Manyata Tech Park, Outer Ring Road,
Nagawara, Bengaluru - 560045 (hereinafter referred to as "Classic Automotives" or "We" or "Us" or "Our"). For the purpose of these
Terms of Use, wherever the context so requires, ("You" or "Your" or "Yourself" or
"Buyer") shall mean a natural or legal person interested in
purchasing motor vehicles that are listed on the Website and availing such
other services made available by Classic Automotives (collectively
referred to as the "Platform"). This document is published in accordance
with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules
and regulations, privacy policy and Terms of Use for access or usage of
the Platform.
THESE TERMS OF USE ARE SUBJECT TO REVISION BY US AT ANY TIME PLEASE READ
THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR REGISTERING,
BROWSING OR ACCESSING OR OTHERWISE USING THE PLATFORM. THE REVISED TERMS
OF USE SHALL BE MADE AVAILABLE ON THE PLATFORM. YOU ARE REQUESTED TO VIEW
THE MOST CURRENT TERMS OF USE. IT SHALL BE YOUR RESPONSIBILITY TO CHECK
THESE TERMS OF USE PERIODICALLY FOR CHANGES. WE MAY REQUIRE YOU TO PROVIDE
YOUR DIRECT OR INDIRECT CONSENT TO ANY UPDATE IN A SPECIFIED MANNER BEFORE
FURTHER USE OF THE PLATFORM. IF NO SUCH SEPARATE CONSENT IS SOUGHT YOUR
CONTINUED USE OF THE PLATFORM SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS
OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
REFERENCE TO MOTOR VEHICLES SHALL MEAN THE REFERENCE TO PRE-OWNED CARS
ONLY UNLESS THE PLATFORM OFFERS SERVICES EXTENDED TO OTHER FORMS OF
AUTOMOBILES IN WHICH CASE THE TERM AUTOMOBILES SHALL INCLUDE SUCH OTHER
FORMS.
PART A – GENERAL TERMS RELATING TO PLATFORM
-
Eligibility to Use
-
Use of the Platform is not available to minors under the age of
eighteen (18) years and excludes persons who are incompetent to
contract within the meaning of the Indian Contract Act, 1872,
including minors, undischarged insolvents or to any Users suspended
or removed from the Platform by Classic Automotives for any reason
whatsoever. If You are disqualified as per the preceding sentence,
You shall not be permitted to avail of the Services or use the
Website. You represent that You are of legal age to form a binding
contract and are not a person barred from receiving the Services
under the laws as applicable in India.
-
Classic Automotives reserves the right to refuse access to use the
Services offered at the Website to new Users or to terminate access
granted to existing Users at any time without according any reasons
for doing so.
-
You shall not have more than one active Account (defined hereunder)
on the Platform. Additionally, You are prohibited from selling,
trading, or otherwise transferring Your Account to another person.
-
Registration of Your Account
-
You may access and use the Platform either as a registered User or
as a guest User. However, not all sections of the
www.classicautomotives.net will be accessible to all guest users.
-
You can create a registered user account by providing Classic
Automotives certain User information as requested by Us following
which You can create a specific log-in ID and password (“Account”)
-
If You use the Platform, You are responsible for maintaining the
confidentiality of Your account and password and for restricting
access to Your computer to prevent unauthorised access to Your
account. You agree to accept responsibility for all activities that
occur under Your account or password. You should take all necessary
steps to ensure that the password is kept confidential and secure
and should inform us immediately if You have any reason to believe
that Your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorised
manner.
-
Please ensure that the details you provide Us with are correct and
complete and inform Us immediately of any changes to the information
that you provided when registering. You can access and update much
of the information you provided Us with in the Your Account area of
the Platform. You agree and acknowledge that you will use your
account on the Platform to make purchases only for your personal use
and not for business purposes. Should you wish to order products for
business purposes, please reach out mail@classicautomotives.net.
Lassic Automotives reserves the right to refuse access to the
Platform, terminate accounts, remove or edit content at any time
without notice to You.
-
You may be required to provide certain personal information and We
may collect certain personal information. Your provision of, and
Classic Automotives’ collection, storage, use, disclosure and
otherwise dealing of such personal information shall be governed by
Classic Automotives’ privacy policy, which is available at
https://www.classicautomotives.net/terms-
and-conditions/privacy-policy/("Privacy Policy").
-
User Representations and Obligations
-
Subject to compliance with the Terms of Use, Classic Automotives
grants You a non- exclusive, limited privilege to access and use
this Platform and the Platform Services.
-
You agree to use the Platform Services, Platform and the materials
provided therein only: (a) for purposes that are permitted by the
Terms of Use; and (b) in accordance with any applicable law,
regulation or generally accepted practices or guidelines.
-
You shall solely be responsible for Your employees, subcontractors
and representatives and all claims made in relation to or by Your
employees,subcontractors and representatives, and Classic
Automotives shall not be responsible for them in any manner
whatsoever.
-
You agree to not engage in activities that may adversely affect the
use of the Platform by other Customers/ Classic Automotives/
registered trading partners.
-
You agree not to access (or attempt to access) the Platform and the
materials or Platform Services by any means other than through the
interface that is provided by Classic Automotives. You shall not use
any 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
Platform or Content (as defined below), or in any way reproduce or
circumvent the navigational structure or presentation of the
Platform, materials or any Content, to obtain or attempt to obtain
any materials, documents or information through any means not
specifically made available through the Platform.
-
You acknowledge and agree that by accessing or using the Platform or
Platform Services, You may be exposed to content from others
(including but not limited to, Other Customers, registered trading
partners, and other users/visitors) that You may consider offensive,
indecent or otherwise objectionable. Classic Automotives disclaims
all liabilities arising in relation to such offensive content on the
Platform.
-
If the Platform allows You to post and upload any material on the
Platform, You hereby undertake to ensure that such material is not
offensive and is in accordance with applicable laws. All material
added, created, uploaded, submitted, distributed, or posted to the
Platform by You is Your sole responsibility.
-
You hereby do and shall grant Classic Automotives a worldwide,
non-exclusive, perpetual, royalty-free, sub-licensable and
transferable license to use, reproduce, disclose, distribute,
translate and otherwise fully exploit any such material, in
connection with the Platform and Classic Automotives’ (and Classic
Automotives’ successors’ and assigns’) businesses, including without
limitation, for promoting the Platform in any media formats and
through any media channels. You represent and warrant that You have
all rights to grant such licenses to Classic Automotives without
infringement or violation of any third party rights, including
without limitation, any privacy rights, publicity rights,
copyrights, trademarks, contract rights, or any other intellectual
property or proprietary rights.
-
Further, You undertake not to
-
Defame, abuse, harass, threaten or otherwise violate the legal
rights of others;
-
Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
-
Publish, post, upload, distribute or disseminate any information
that is harmful, harassing, blasphemous, defamatory, obscene,
pornographic,paedophilic, libellous, hateful, or racially,
ethnically objectionable, disparaging, inappropriate, profane,
infringing or otherwise unlawful in any manner whatever; or that
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;
-
Upload files that contain software or other material protected
by applicable intellectual property laws unless You own or
control the rights thereto or have received all necessary
consents;
-
Upload or distribute files that contain viruses, corrupted
files, or any other similar software or programs that may damage
the operation of the Platform or another's computer;
-
Engage in any activity that interferes with or disrupts access
to the Platform or the Platform Services (or the servers and
networks which are connected to the Platform);
-
Attempt to gain unauthorized access to any portion or feature of
the Platform, any other systems or networks connected to the
Platform, to any Classic Automotives server, or to any of the
Platform Services offered on or through the Platform, by
hacking, password mining or any other illegitimate means;
-
Probe, scan or test the vulnerability of the Platform or any
network connected to the Platform, nor breach the security or
authentication measures on the Platform or any network connected
to the Platform. You may not reverse look- up, trace or seek to
trace any information on any other user, registered trading
partner, other Customer, of or visitor to, the Platform, to its
source, or exploit the Platform or Platform Services or
information made available or offered by or through the
Platform, 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 on the Platform;
-
Disrupt or interfere with the security of, or otherwise cause
harm to, the Platform, systems resources, accounts, passwords,
servers or networks connected to or accessible through the
Platform or any affiliated or linked sites;
-
Collect or store data about others Customers/users in connection
with the prohibited conduct and activities set forth in this
Section;
-
Use any device or software to interfere or attempt to interfere
with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person’s use of the
Platform;
-
Use the Platform or any material or Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit
the performance of any illegal activity or other activity which
infringes the rights of Classic Automotives or 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, which may be
applicable for or to any particular Platform Service;
-
Violate any applicable laws or regulations for the time being in
force within or outside India;
-
Violate the Terms of Use contained herein or elsewhere; and
-
Reverse engineer, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information or software obtained
from the Platform.
-
Classic Automotives reserves the right to review any
information/data uploaded by You on the Platform and delete any
information/data that is inconsistent with these Terms of Use. You
agree that You are solely responsible to Classic Automotives and to
any third party for any breach of Your obligations under the Terms
of Use and for the consequences (including any loss or damage which
Classic Automotives or its affiliates may suffer) for any such
breach.
-
You agree that Classic Automotives may, at any time, modify or
discontinue all or part of the Platform, charge, or offer
opportunities to some or all Users.
-
Use of Materials
-
Except as expressly indicated herein, Classic Automotives hereby
grants You a non-exclusive, freely revocable (upon notice from
Classic Automoitves), non-transferable access to view, download
and print any materials available on the Platform, subject to the
following conditions:
-
You may access and use the materials solely for personal,
informational, and internal purposes, in accordance with the
Terms of Use;
-
You may not modify or alter the materials available on the
Platform;
-
You may not distribute or sell, rent, lease, license or
otherwise make the materials on the Platform available to
others; and
-
You may not remove any text, copyright or other proprietary
notices contained in Automobile Service related catalogues or
any other materials available on the Platform.
-
The rights granted to You in the materials as specified above are
not applicable to the design, layout or look and feel of the
Platform. Such elements of the Platform are protected by
intellectual property rights and may not be copied or imitated in
whole or in part.
-
Any software that is available on the Platform is the property of
Classic Automotives. You may not use, download or install any
software available on the Platform, unless otherwise expressly
permitted by these Terms of Use or by the express written permission
of Classic Automotives.
-
Usage Conduct
-
You shall solely be responsible for maintaining the necessary
computer equipment and internet connections that may be required to
access, use and transact on the Platform.
-
Intellectual Property Rights
-
Subject to Section 7 below, the Platform and the processes, and
their selection and arrangement, including but not limited to, all
text, graphics, user interfaces, visual interfaces, sounds and music
(if any), artwork and computer code (collectively, the “Content”) on
the Platform is owned and controlled by Classic Automotives and the
design, structure, selection, coordination, expression, look and
feel and arrangement of such Content is protected by copyright,
patent and trademark laws, and various other intellectual property
rights.
-
The Classic Automotives, CLASSIC AUTOMOTIVES, “CLASSIC AUTOMOTIVES
ASSURED, Classic Automotives Logo, Find Happiness with Classic
Automotives in 3 steps, Classic Automotives Assured logo, Classic
Automotives certified and other marks, logos and service marks
indicated on the Platform are trademarks or registered trademarks
(“Marks”) are the property of Classic Automotives or other
respective third parties, as the case may be. You are not permitted
to use the Marks without the prior consent of Classic Automotives,
or the third party that may own the Marks
-
Except as expressly provided herein, You acknowledge and agree that
You shall not copy, republish, post, display, translate, transmit,
reproduce or distribute any Content through any medium without
obtaining the necessary authorization from Classic Automotives.
-
Classic Automotives and its Affiliates respect the intellectual
property of others. If you believe that your intellectual property
rights have been used in a way that gives rise to concerns of
infringement, please write to us at mail@classicautomotives.net
-
Disclaimer Of Warranties & Liability
-
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW: THE PLATFORM, PLATFORM SERVICES, OTHER
SERVICES AND OTHER MATERIALS ARE PROVIDED BY CLASSIC AUTOMOTIVES ON
AN “AS IS” BASIS 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. WITHOUT LIMITING THE FOREGOING, CLASSIC AUTOMOTIVES MAKES
NO WARRANTY THAT (I) THE PLATFORM OR THE PLATFORM SERVICES OR OTHER
SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR
THE PLATFORM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE PLATFORM OR PLATFORM SERVICES WILL BE EFFECTIVE, ACCURATE OR
RELIABLE; (III) THE QUALITY OF THE PLATFORM OR PLATFORM SERVICES
WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS OR DEFECTS IN THE
PLATFORM OR PLATFORM SERVICES WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLASSIC
AUTOMOTIVES OR THROUGH THE USE OF THE PLATFORM SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
-
CLASSIC AUTOMOTIVES WILL HAVE NO LIABILITY RELATED TO ANY REGISTERED
TRADING PARTNER/ BUYER CONTENT ARISING UNDER INTELLECTUAL PROPERTY
RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. CLASSIC
AUTOMOTIVES ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE,
LOSS, MODIFICATION OR UNAVAILABILITY OF ANY TRADING PARTNER/CUSTOMER
CONTENT.
-
CLASSIC AUTOMOTIVES 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 PLATFORM OR ANY PLATFORM
SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
-
CLASSIC AUTOMOTIVES HAS ENDEAVORED TO ENSURE THAT ALL THE
INFORMATION ON THE PLATFORM IS CORRECT, BUT CLASSIC AUTOMOTIVES
NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE
QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, OR
PLATFORM SERVICE. CLASSIC AUTOMOTIVES SHALL NOT BE RESPONSIBLE FOR
THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED
FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES
AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE
ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, CLASSIC
AUTOMOTIVES SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF
THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED
SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL
REASONS OR FOR ANY REASON BEYOND OUR CONTROL. THE TRADING PARTNER
UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT BUYER’S
OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
-
Indemnification and Limitation of Liability
-
You agree to indemnify, defend and hold harmless Classic Automotives
and its affiliates including but not limited to its (and its
affiliates’) officers, directors, consultants, agents and employees
(“Indemnitees”) from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses (including
legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by the Indemnitees
that arise out of, result from, or may be payable by virtue of, any
breach or non-performance of any representation, warranty, covenant
or agreement made or obligation to be performed by You pursuant to
these Terms of Use. Further, You agree to hold the Indemnitees
harmless against any claims made by any third party due to, or
arising out of, or in connection with, Your use of the Platform or
Platform Services, Your violation of the Terms of Use, or Your
violation of any rights of another, including any intellectual
property rights.
-
In no event shall the Classic Automotives, its officers, directors,
consultants, agents and employees, be liable to You or any third
party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of
use, data or profits, whether or not foreseeable or whether or not
the Classic Automotives has been advised of the possibility of such
damages, arising out of or in connection with (i) Your use of or
access to the Platform, Platform Services or materials on the
Platform; or (ii) seller support services provided by registered
trading partners.
-
The limitations and exclusions in this Section apply to the maximum
extent permitted by applicable laws.
-
Violation of the Terms of Use
-
You agree that Classic Automotives may, in its sole discretion and
without prior notice, terminate Your access to the Platform for
cause, delist You and block Your future access to the Platform if
Classic Automotives determines that You have violated these Terms of
Use. You also agree that any violation by You of these Terms of Use
will constitute an unlawful and unfair business practice, and will
cause irreparable harm to Classic Automotives, for which monetary
damages would be inadequate, and You consent to Classic Automotives
obtaining any injunctive or equitable relief that Classic
Automotives deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies that Classic
Automotives may have at law or in equity.
-
If Classic Automotives does take any legal action against You as a
result of Your violation of these Terms of Use, Classic Automotives
will be entitled to recover from You, and You agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to
any other relief granted to Classic Automotives.
PART B- GENERAL TERMS FOR PLATFORM SERVICES
-
Platform to support transactions & service
-
The Platform is an electronic platform in the form of an
electronic marketplace and an intermediary that (a) provides a
platform for trading partners to advertise, exhibit, make
available and offer to sell motor vehicles to the Buyers; and (b)
a platform for Buyers to accept the offer to sell of the motor
vehicles listed by the trading partners on the Platform and to
make payments to the trading partners for purchase of the motor
vehicles; and (c) services to facilitate the engagement of
10.1buyers and sellers under commerce on the Platform; and (d)
such other services as are incidental and ancillary thereto
(“Platform Services”). Classic Automotives may offer certain
services in addition to the Platform Services:
-
Classic Automotives may, at its discretion, add, modify or
remove any of the Platform Services listed above from time to
time without notice along with the terms and price of such
services, which shall be deemed to be included in these Terms of
Use. In case You choose to avail any such additional services
You hereby agree to sign such additional contracts for
regulating the additional services chosen, as may be prescribed
by Classic Automotives. You shall be notified by Classic
Automotives of any changes to the Platform Services and Your
access to the Platform Services will accordingly stand modified,
specifically in the case where Automotives has offered new
Platform Services and You have chosen to avail the same. The
terms of new Platform Services shall be stated in this Terms of
Use which will be duly amended from time to time to incorporate
the same.
-
The Platform is only a facilitator in relation to the
transactions entered between You and the registered trading
partner. The agreement for sale of motor vehicles and/or for
provision of any support services provided to You by a
registered trading partner, shall be between You and the
registered trading partner and shall strictly be a bipartite
contract between You and the registered trading partner and
Classic Automotives shall not be a party to the same.
-
Classic Automotives has not independently verified and does not
guarantee the truthfulness of the credentials of the registered
trading partner and any description of their business,
authorisations, offerings made by them including the nature of
services, pricing, location, contact details, etc. provided by
the registered trading partner. Such information has been
collected from the concerned trading partner, who has guaranteed
the truthfulness and completeness of the same and Classic
Automotives shall not in any manner, be responsible or liable
for such information.
-
As instructed by the registered trading partner, Classic
Automotives merely displays the list price of the motor vehicles
listed on the Platform. On similar lines, the Platform merely
displays the approximate cost of the support services, provided
by the trading partners. You acknowledge and agree that (i) the
approximate cost of services provided by registered trading
partner for each category is only indicative and not an actual
estimate of the service costs; (ii) the actual fees charged by
each registered trading partner may vary from the fees quoted by
other registered trading partners; (iii) the actual fees may
vary from the approximate service cost provided for a category
on a case-to-case basis considering, the type and extent of
services required, etc. This approximation of cost is arrived at
by considering various objective factors including, but not
limited to, the labour costs and the cost of parts that may be
required to be replaced or fixed.
-
The total price indicated on the Platform for any seller support
service is inclusive of the items described for that service
(excluding taxes and other applicable charges under law) and may
not include additional services found to be required at the time
of availing such seller support service. In such a case, the
registered trading partner / basis instructions from the
registered trading partner will discuss any change in scope and
fees that will be communicated to You.
-
Any seller support service once booked using the Platform and
accepted by the registered trading partner, as the case maybe,
cannot be cancelled or modified by You. For seller support
services, that You have booked through the Platform, and have
been cancelled by the registered trading partner, Classic
Automotives shall refund all amounts collected on behalf of
registered trading partner from You in this regard, within 5 -7
working days of such cancellation.
-
It shall be the sole responsibility of the registered trading
partner to honor Your seller support services provided by them.
Classic Automotives shall not be responsible, and shall have no
liability for the genuineness, the quality or completeness of
such seller support services, including any delay in the
provision thereof or cancellation of any service booking made
with a registered trading partner through the Platform, or any
offers, discounts or service packages communicated by the
registered trading partner, or for any misconduct or fraud
committed by a registered trading partner or its employees (if
any) or representatives etc. Classic Automotives cannot be
called upon to provide any guarantee/security with respect to
the provision of seller support services by the registered
trading partner.
-
You may conduct searches on the Platform to look for motor
vehicles. The results for searches are derived on the basis of
an algorithm which considers various factors, Customer reviews
and feedback, pricing, etc. Alternatively, the registered
trading partner may be listed on the basis of Customer-selected
search criteria. In either case, Classic Automotives does not
have any control over the results of searches carried out by You
on the Platform. The result of any search for registered trading
partner conducted by You on the Platform shall not be construed
as the opinion or preference of Classic Automotives.
-
The Platform may categorize the registered trading partner on
the basis of various factors, including Your feedback, quality
of motor vehicles sold, reliability of the registered trading
partner. You agree to accept such categorization and You
acknowledge that Your searches on the Platform will be subject
to such categorization.
-
Any booking made by You for an motor vehicle or PlatforServices
through the Platform may be subject to the additional terms and
conditions mentioned therein, which You are presumed to have
read and accepted at the time of making the service booking.
-
Classic Automotives does not provide You with any guarantee that
You will be able to purchase an motor vehicle listed on the
Platform or avail any Platform Services.
-
Termination
-
The Terms of Use will continue to apply until terminated by either
You or Classic Automotives as set forth below. If You want to
terminate Your agreement with Classic Automotives, You may do so (i)
notifying Classic Automotives to close Your Account on the Platform;
and (ii) not accessing the Platform. Such termination shall take
effect 30 (thirty) days after receipt of such notice by Classic
Automotives. You are obliged to process all service bookings
received by You through the Platform prior to the date of closure of
Your Account on the Platform.
-
Classic Automotives may, at any time, with or without notice,
terminate the Terms of Use with You if:
-
You breach any of the provisions of the Terms of Use, the
Privacy Policy or any other terms, conditions, or policies that
may be applicable to You from time to time (or have acted in a
manner that clearly shows that You do not intend to, or are
unable to, comply with the same);
-
Classic Automotives is required to do so by law (for example,
where the provision of the Platform Services to You is, or
becomes, unlawful or upon receiving request for termination by
law enforcement or other government agencies);
-
The provision of the Platform Services to You by Classic
Automotives is, in the opinion of Classic Automotives, no longer
commercially viable or in any way detrimental to Classic
Automotives, its business or the Platform; or
-
You provide any information that is untrue, inaccurate, not
current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), or Classic Automotives has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete;
-
Classic Automotives has elected to discontinue, with or without
reason, access to the Platform, Platform Services or any part
thereof.
-
Classic Automotives may also terminate or suspend all or a
portion of Your Account or access to the Platform Services with or
without reason. Termination of Your Account may include: (i)
removal of access to all offerings within the Platform or with
respect to the Platform Services; (ii) deletion of Your records
and Account information, including Your personal information,
log-in ID and password, and all related information, files and
materials associated with or inside Your Account (or any part
thereof); and (iii) barring of further use of the Platform and
Platform Services:
-
The termination of Your Account shall not relieve You of any
liability that You may have incurred or may incur in relation to
use of Platform Services provided prior to such termination;
-
You agree that all terminations shall be made in Classic
Automotives’ sole discretion and that Classic Automotive shall
not be liable to You or any third party for any termination of
Your Account, or Your access to the Platform and Platform
Services.
-
If You or Classic Automotives terminate Your use of the
Platform, Classic Automotives may delete any content or other
materials relating to Your use of the Platform or the Platform
Services and Classic Automotives will have no liability to You
or any third party for doing so.
-
Governing Law
-
These Terms of Use and all transactions entered into on or through
the Platform and the relationship between You and Classic
Automotives shall be governed in accordance with the laws of India
without reference to conflict of laws principles.
-
You agree that all claims, differences and disputes arising under or
in connection with or in relation to the Platform, the Terms of Use
or any transactions entered into on or through the Platform or the
relationship between You and Classic Automotives shall be subject to
the exclusive jurisdiction of the Courts at Delhi, India and You
hereby accede to and accept the jurisdiction of such Courts.
-
Report Abuse
-
In the event You come across any abuse or violation of these Terms
of Use or if You become aware of any objectionable content on the
Platform, please report the same to the following e-mail
id: mail@classicautomotives.net
-
Communications
-
You hereby expressly agree to receive communications by way of SMS
and/or e-mails from Classic Automotives relating to the Platform
Services provided through the Platform.
-
You can unsubscribe/ opt-out from receiving communications from
Classic Automotives through SMS and e-mail anytime
at mail@classicautomotives.net.
-
General Provisions
-
Notice:All notices from Classic Automotives will be served by
email to Your registered email address or by general notification on
the Platform. Any notice provided to Classic Automotives pursuant to
the Terms of Use should be sent to mail@classicautomotives.net with
subject line - Attention: TERMS OF USE
-
Assignment:You cannot assign or otherwise transfer the Terms
of Use, or any rights granted hereunder to any third party. Classic
Automotives’s rights under the Terms of Use are freely transferable
by Classic Automotives to any third party without the requirement of
seeking Your consent.
-
Severability:If, for any reason, a court of competent
jurisdiction finds any provision of the Terms of Use, or any portion
thereof, to be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to give effect to the intent of
the parties as reflected by that provision, and the remainder of the
Terms of Use shall continue in full force and effect.
-
Waiver:Any failure by Classic Automotives to enforce or
exercise any provision of the Terms of Use, or any related right,
shall not constitute a waiver by Classic Automotives of that
provision or right.
-
Feedback and Information
-
Any feedback You provide on the Platform shall be deemed to be non-
confidential. Classic Automotives shall be free to use such
information on an unrestricted basis. Further, by submitting the
feedback, You represent and warrant that (i) Your feedback does not
contain confidential or proprietary information of You or of third
parties; (ii) Classic Automotives is not under any obligation of
confidentiality, express or implied, with respect to the feedback;
(iii) all information provided in the feedback is true and correct
and relates to the Automobile Service availed by You; and (iv) You
are not entitled to any compensation or reimbursement of any kind
from Classic Automotives for the feedback under any circumstances.
Classic Automotives reserves the right to initiate any action
against You under the applicable laws for a breach of this
representation, including appropriate actions for any defamation
allegations. When You provide feedback on the Platform, You grant to
Classic Automotives, a non-exclusive, royalty-free, worldwide,
transferable, sub-licensable, irrevocable, perpetual and
unconditional license to (i) use or reproduce the feedback posted by
You on the Platform; (ii) delete and remove the entire or such part
of any feedback posted by You that, in the opinion of Classic
Automotives, is not in compliance with these Terms of Use; and (iii)
communicate the feedback to other users, including registered
trading partners.
-
Any feedback posted by You on the Platform regarding any Platform
service or seller support services availed by You may be required to
be substantiated by Classic Automotives as evidence, as necessitated
or requested by Classic Automotives.
-
Classic Automotives is the most trusted way of buying and selling
used cars. Choose from over 5000 fully inspected second-hand car
models. Select online and book a test drive at your home or at a
Classic Automotives near you. Get a no-questions-asked 5-day money
back guarantee and a free one-year comprehensive service warranty
with Assured Resale Value on every Classic Automotives Assured® car
-
CONTENT USE RESTRICTIONS:
-
The Content provided to you should be used ‘AS IS’. You may access
Content for Your information and personal use solely as intended
through the provided functionality of the Service and as permitted
under these Terms. You may not
-
use Content in an obscene, pornographic, defamatory, disparaging,
infringing or other unlawful manner or in violation of any
applicable laws, proprietary or privacy rights;
-
Unless expressly permitted pursuant to website, use the Content for
any commercial, promotional, advertorial, endorsement, advertising
or merchandising purpose;
-
share, re-distribute, reproduce, download, sub-license, publish,
copy, create derivative works, offer for sale or use the Content
and/or Ad-Content displayed on website (unless You are specifically
permitted to share or copy by way of a ‘Share’ or ‘Copy’ button);
and/or
-
Assignment:You cannot assign or otherwise transfer the Terms
of Use, or any rights granted hereunder to any third party. Classic
Automotive’s rights under the Terms of Use are freely transferable
by Classic Automotives to any third party without the requirement of
seeking Your consent.
-
re-order, modify, edit obscure or truncate in anyway the Content or
part of content, or Ad-Content
-
You understand that while using the website , You will be exposed to
Content from a variety of sources, and that Company is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such Content. You further
understand and acknowledge that You may be exposed to Content that
is inaccurate, offensive, indecent, or objectionable, and You agree
to waive, and hereby do waive, any legal or equitable rights or
remedies You have or may have against Company with respect thereto
