Terms and Conditions

HomeTerms and Conditions

INTRODUCTION

By using or registering www.indotrux.com (hereinafter referred to as "the Site" or the “App”), you are confirming that you have read these terms and conditions of your use of the Site and/or App and agree to abide by the same unconditionally. These terms and conditions (hereinafter referred to as "Terms of Use ") constitute your binding obligations towards NAB Technologies Pvt. Ltd. (hereinafter referred to as “Indotrux.com” or “we” or “us”). These Terms of use are effective upon acceptance in registration for new registering users. Indotrux.com may amend the Terms of use at any time by posting the amended terms on the Site and/or App. All amended terms shall automatically become effective immediately after they are posted on the Site and/or App and any subsequent use of the Site and/or App shall be governed by such amended terms. We are not bound to inform or give prior notice to you of the changes made to the Terms of use of Site and /or App. You are advised to regularly check for any amendments or updates to the terms and conditions contained in these Terms of use or Privacy Policy. If any clause of the Terms of use 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 Terms of use. 

You must read, agree with and accept all of the terms and conditions contained in this Terms of use and Indotrux.com's Privacy Policy, which include terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Indotrux.com. Indotrux. com’s Privacy Policy may be viewed by clicking on the following link: https://indotrux.com/privacypolicy.html

Please note: underlined words and phrases are links to the pages and websites. By accepting these Terms of use, you also agree that your use of websites of our subsidiaries and affiliates will be governed by the Terms of use and the Privacy Policy posted on those websites. 

  1. Eligibility for Membership:

    Full use of the Site and/or App is available only to persons who can form legally binding contracts with Indotrux.com under an applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Terms of use. The Site and/or App may not be made available to persons whose membership has been suspended or terminated by Indotrux.com. 

  1. Your Account and Obligations

    If you use the Site and/or App, you are solely responsible for maintaining the confidentiality of your account like email ID, Password, etc. and for restricting access to your Computers, Laptops, Mobile phones or any such other electronic devices used to access the Site and/or App and you agree unconditionally to accept responsibility for all activities that occur under your account or Password. You agree to:
    (a) Provide true, accurate, current and complete information about yourself as required by registration form available on the Site and/or App (such information being the "Registration Data"); and
    (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Indotrux.com has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of use, Indotrux.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site and/or App. 

  1. Electronic Communications

    When you visit the Site and/or App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site and/or App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Fees and Services

    Membership on the Site and/or App is free. Indotrux.com does not charge any fee for browsing on the Site and/or App currently. However, Indotrux.com reserves the right to charge its fees and credit policies from time to time. In particular, Indotrux.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site and/or App. In such an event Indotrux.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee charging and credit policies shall be posted on the Site and/or App and such changes shall automatically become effective immediately after they are posted on the Site and/or App. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and/or App and you agree to bear any and all applicable taxes, charges etc for time being in force. levied thereon. Indotrux.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site and/or App in case of non-payment of fees by you to Indotrux.com. Indotrux.com also reserves the right to take legal action in case of non-payment of fees by you to Indotrux.com.

  1. Use of the Site and/or App

    You agree, undertake and confirm that your use of the Site and/or App shall be strictly governed by the following binding principles:

    (a) "Your Information" is defined as any information you provide to us or to the other users of the Site and/or App (those users "Users") in the registration, buying or listing process, in the testimony area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

    (b) Your Information (or details of any vehicles you list on the Site and/or App):

    (i) shall not be false, inaccurate or misleading;
    (ii) shall not be fraudulent or involve the sale of counterfeit or stolen vehicle;
    (iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and 
    (iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any vehicle, 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.

    (c) You agree to supply us with Your Information so we can use it for the purpose of the Site and/or App and agree that we are not violating any rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Indotrux.com will only use Your Information in accordance with the Terms of use and Indotrux.com's Privacy Policy. You hereby understand and agree that the Site and/or App may use your information to identify potential members of the site and/or App with whom you may have a beneficial relationship (including vehicle dealers or potential buyers).Further, you acknowledge, authorize and consent to Indotrux.com sharing your information with vehicle dealers or potential buyers, as the case may be in the course of its business. You further acknowledge and agree that you will not share any sensitive personal data or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, on the Site and/or App with any participant in the Site and/or App (including Indotrux.com) and that you will always be compliant with the Indotrux.com’s Privacy Policy.

    (d) You represent and confirm that you shall be the sole and exclusive legal owner of all vehicle(s), or products of any description that you wish to offer for sale on the Site and/or App or shall have complete rights with respect to such vehicle ,or products bestowed on you by the legal owner of such vehicle, or products in writing and you will have the full authority in law to dealin and offer for sale such vehicles or products.

    (e) In the event that any transaction or attempted transaction relating to any vehicle, or service which is violative of this Terms of use or applicable law comes to your knowledge, you shall take all steps to inform Indotrux.com of the same. You may contact Indotrux.com by sending mail to sales@Indotrux.com.

    (f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any vehicles or services being sold or purchased on the Site and/or App.

    (g) From time to time, you shall be responsible for providing information relating to the vehicles proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such vehicles so as to mislead other Users in any manner.

    (h) You will not disclose your contact details like phone number, address, email address in the buying or listing process, other than the specified permitted place in the form, or anywhere on the Site and/or App including the testimony area, discussion forum or through any e-mail feature to bypass Indotrux.com.

    You further agree, undertake and confirm that while providing Your Information on the Site and/or App you shall not host, display, upload, modify, publish, transmit, update or share any information that:

    (a) belongs to another person and to which you do not have any right to;

    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    (c) may harm minors in any way;

    (d) infringes any patent, trademark, copyright or other third party proprietary rights;

    (e) violates any law for the time being in force;

    (f) deceives or misleads Indotrux.com, Site and/or App Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    (g) impersonate any other person;

    (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

    (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  1. Platform for Communication

    The Site and/or App is only a venue where Users may meet and interact with one another for their transactions. Indotrux.com is not and cannot be a party to or control in any manner any transaction between two Users of the Site and/or App. Consequently:

    (a) Indotrux.com is not responsible for any non-performance or breach of any contract entered into between Users. Indotrux.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site and/or App. Indotrux.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.

    (b) Indotrux.com does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the vehicles or its deliverables proposed to be sold or purchased on the Site and/or App. In particular, Indotrux.com does not implicitly or explicitly support or endorse the sale or purchase of any vehicles on the Site and/or App. Indotrux.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    (c) Indotrux.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and/or App and use your best judgment in that behalf.

    (d) The Site and/or App is only a channel of communication whereby the Users can reach a larger base to buy and sell vehicles or associated services. Indotrux.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the winning buyer. At no time shall any right, title or interest over the vehicles vest with Indotrux.com nor shall Indotrux.com have any obligations or liabilities in respect of such contract. Indotrux.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of vehicles which are out of stock or otherwise unavailable. All vehicles are offered only for a restricted time and only for the available supply.

    (e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

    (f) You release and indemnify fully Indotrux.com and/or any of its officers, directors and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and/or App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Indotrux.com cannot control the information provided by other Users which is made available on the Site and/or App. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site and/or App. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

  1. Privacy

    We do not disclose your personal information to third parties for their marketing purposes contradiction without your explicit consent and we only use and disclose Your Information as described in the Privacy Policy. We view protection of Users privacy as a very important principle. We understand clearly that you and Your Information is one of our most important assets. You acknowledge and agree that Your Information and including any personal information would need to be provided by you to other Users through the Site and/or App when you seek to transact with such Users on the Site and/or App. You further agree that we have no control over the recipient Users of Your Information since such Users are selected by you when you choose to interact or transact with them.

  1. Breach

    Without limiting other remedies, Indotrux.com may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site and/or App:

    (a) If you breach the Terms of use or the documents it incorporates by reference;

    (b) If Indotrux.com is unable to verify or authenticate any information you provide; or

    (c) If it is believed that your actions may cause legal liability for you, other Users or Indotrux.com; or

    (d) If you breach any term on the Indotrux.com’s website or Privacy policy or any applicable law/notification.

    Indotrux.com may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Indotrux.com or use the Site and/or App in any manner whatsoever until such time that such User is reinstated by Indotrux.com. Notwithstanding the foregoing, if you breach the Terms of use or the documents it incorporates by reference, Indotrux.com reserves the right to recover any damages and amounts due and owing by you to Indotrux.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

  1. Buying

    (a) Indotrux.com strongly advises you not to test the Site and/or App with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by Indotrux.com. Please be aware that even if you do not give Indotrux.com your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

    (b) Used vehicles listed on Indotrux.com for sale may be purchased by individuals for own use only or may be purchased by dealers, brokers, or any other business entity. Individuals, Dealers, brokers may email sales@indotrux.com for paid packages for such purchasing vehicles.

    (c) It is not permitted to submit a lead or to enquire against a used vehicle listing on Indotrux.com 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 vehicles listing on Indotrux.com 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.

  1. Selling

    As a registered member, you may list vehicles for sale on the Site and/or App. You must be legally able to sell the vehicle(s) you list for sale on our Site and/or App. Listings may only include text descriptions, graphics and pictures that describe your vehicles for sale. All listed vehicles must be listed in an appropriate category on the Site and/or App. Soliciting business offline or outside of the Site and/or App, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the vehicles listing or elsewhere on the Site and/or App other than in the Selling Form is expressly prohibited and would be considered as a breach of the Terms of use. All listed vehicles must be kept in stock for successful fulfillment of sales.

    The listing description of the vehicles must not be misleading and must describe actual condition of the vehicles. If the vehicles description does not match the actual condition of the vehicles, you agree to refund any amounts that you may have received from the buyer. As a seller you certify that all information provided by you against your listed vehicles are true. Individual seller’s can list one vehicle at a time and needs to make Indotrux.com aware of its timely status.

  1. NoWarranty

    Indotrux.com and its suppliers provide the Site and/or App and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site and/or App is at your own sole risk.

  1. Limitation of Liability

    In no event shall Indotrux.com or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this Terms of use (however arising, including negligence). 
    Indotrux.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to Indotrux.com. Indotrux.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Indotrux.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

    (i) The delay, failure, interruption, or corruption of any data or other informationa transmitted in connection with use of the Site and/or App; and/or

    (ii) Any interruption or errors in the operation of the Site and/or App. You expressly understand and agree that Indotrux.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Indotrux.com has been advised of the possibility of such damages).

  1. Indemnity

    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of the Terms of use or the documents it incorporates by reference, or your use of the Site and/or App or your violation of any law or the rights of a third party.

  1. Relationship and Notice

    None of the provisions of the Terms of use shall be deemed to constitute a partnership or agency between you and Indotrux.com and you shall have no authority to bind Indotrux.com in any manner whatsoever.

    Except as explicitly stated otherwise, any notices shall be given by postal mail to Indotrux.com c/o NAB Technologies Pvt. Ltd. 608, Monarch Plaza, Sector 11 CBD Belapur, Navi Mumbai Maharashtra- 400614, (in the case of Indotrux.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

  1. Arbitration

    If any dispute arises between you and Indotrux.com during your use of the Site and/or App or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of use, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Indotrux.com. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

  1. GoverningLaw 

    The Terms of use shall be governed and construed in accordance with the laws of India.