Eligibility for Membership:
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
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.
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.
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.
(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.
(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.
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.
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:
(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
(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 firstname.lastname@example.org 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.
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.
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.
Limitation of Liability
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).
Relationship and Notice
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.