Wednesday, 29 July 2015

promote the sales of cars in real time is a web portal which enables Automobile Dealers (Hereinafter referred to as “Dealer”) to promote the sales of cars in real time as well as communicate sales related offers to prospective customers who use web based platforms for conveniently doing their car search.    


These legal conditions govern the use of Products, Services and access to the Car Blog 

By the use of this Blog“You” agree to the below stated terms and conditions set out in this agreement. However, the terms of service set out herein will be subject to change and all such changes shall be published from time to time by and all users are requested to review the amended terms periodically. This agreement shall be construed as a legally binding agreement between the users and Blog  Blog (Hereinafter referred to as “”) is a web portal fully developed and owned by Blog  Blog. 

This Terms and Conditions document shall be construed as an agreement in “electronic form” as defined under Section 2(1) ( r ) of the Information Technology Act, 2000 and shall not require any physical or digital signature to be valid.  Further, for the purposes of this Agreement as well as terms of use, shall be an “intermediary” as defined under Section 2(1)(w) of the Information Technology Act, 2000 and for the purposes of these terms shall be regulated by the Information Technology (intermediary guidelines) Rules, 2011. 

I.    GENERAL: is a web portal which enables Automobile Dealers (Hereinafter referred to as “Dealer”) to promote the sales of cars in real time as well as communicate sales related offers to prospective customers who use web based platforms for conveniently doing their car search.     

All capitalized terms in this Agreement shall have the meanings attributed to them below and shall not be ascribed any other meaning unless the context so warrants:-

(a)    “Applicable Law” shall mean the Acts, Rules, guidelines and ordinances currently in force within the territory of India including without limitation the Information Technology Act, 2000, Indian Penal Code, 1860, Indian Evidence Act, 1872 and the Indian Contract Act, 1972, Prevention of Money Laundering Act, 2002, Foreign Exchange Management Act, 1999, Indian Telegraph Act, 1885 /TRAI guidelines and Income Tax Act, 1961; 

(b)    “Contents” or “Content” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, forms, documents, dealer/ manufacturer brochures, manuals, and shall include all information capable of being viewed / downloaded on or through the web portal. Contents shall also include electronic mails, messages or other information which a user furnishes to be displayed on;   

(c)    “Features” shall mean and include all interactive, chat services, value added services and other features which may be introduced by on any future date after the launch of the web portal;   

(d)    “License” shall mean the limited, non-exclusive license to access and make personal non-commercial use of the Blogfor information and expression of purchase interest and placing individual buy orders as regards the products displayed by dealers; 

(e)    “You” shall mean  the entity/ individual, that has entered into this Agreement with; 

(f)    “Our” as used in the Terms below shall mean Blog  Blog;  

(g)    “Services” shall mean the services available under this Agreement as offered on our web portal and shall without limitation mean as well as include car research, price analysis/ comparisons, technical specifications and other information connected with the automobile industry; 

(h)    “Orders” shall mean  all valid purchase instructions submitted by “You” in accordance with the terms of use without impersonation, false identity or identity theft via the web portal; 

(i)    “Website” shall mean the site bearing address and shall include all websites linked to that URL where such linked URL pages are lawfully posted and operated by or its legally authorized agents. 


3.1    The nature of services rendered by through the Blogshall not be construed as professional advisory services. also clarifies that it does not grant any certifications, guarantees or warranties as regards any of the products displayed on the Blog and shall not be liable as regards the warranties actually attaching to the products and does not make any representation or undertaking as regards the roadworthiness of any of the products displayed. 

3.2    In furtherance to matters stated in Clause 3.1 above, “You” agree that “You” shall exercise independent judgment and due diligence before taking any decisions pursuant to viewing the Contents of the Website. 

3.3    The Contents provided on or through this Blogare solely for information purposes and in no way does the Blogintend to act as a substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide ““You” with any certifications, warranties or guarantees. By use of this Blog“”You” agree and understand this restricted and limited use and that, ““You” will in all circumstances be solely responsible for determining “Your specific requirements and consequences arising there from. 

3.4    By using the services on the Blog“You” also grant your consent to permit to use the personal information uploaded by “You” such as mobile phone number, residential address etc. to communicate with you or to provide this information to the interested Dealer or manufacturer to contact you 


Permitted Uses: 

a.    Through our Website, Dealers/ Manufacturers/ Suppliers/Service providers display/ promote   their products and/or ancillary products/ spare parts and services to adults, who can later approach the Dealers directly. If “You” are under 18, “You” may use only with involvement of a parent or guardian. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

b.    License is granted in the form of a login id and password to access and use our Services. grants “You” a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of

c.    “You” are hereby acknowledging that by utilizing the  Services and the Website, “You”  will not acquire any rights  in or to the Services or the Blogor the materials contained within the Services or the Blogother than a limited right to utilize the Services and the Blogin accordance with the terms and conditions of this Agreement. In the event “You” choose to download content from the Website, “You” must do so in accordance with, and subject to, the terms and conditions contained herein below. Furthermore, all intellectual property rights related to the Services or the Website, including all copyright, trademark, trade secret and/or patent rights, will remain the exclusive property of

d.    “You” may not frame or utilize techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of without express written consent. Any unauthorized use terminates the permission or license granted to “You” by “You” may not use any logo or other proprietary graphic or trademark as part of the link without express written permission from 


 If “You” use this site, “You” are responsible for maintaining the confidentiality of your account and password, and “You” agree to accept responsibility for all activities that occur under your account or password. As far as practicable and reasonable, shall deal with all personal information in a reasonable and diligent manner in accordance with the Information Technology Act, 2000. However, by registering and availing the Services, You s as well as dealers hereby permit necessary third party disclosures as far as it is necessary to enable to render the Services.   


6.1 represents and warrants that it shall endeavor to be as accurate as possible as regards all Content displayed on the Website. However, does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If the product provided by the dealer/ supplier/ manufacturer/Service providers, itself is not match the description on the Website, your available remedy shall be solely against the dealer and manufacturer as the case maybe.

6.2    Although shall make all reasonable efforts to maintain the accuracy as well as availability of the Services on the Website, does not make any legally binding representation that the operation of Services through our web Site will be uninterrupted or error-free, and we shall not be liable for the consequences of any interruptions or errors.

6.3    Our Services and the Blogcontain references and/or URL links to companies, products and web sites which are owned and operated by Publishers or the "External Sources". “You” acknowledge that is not responsible for the availability of any External Sources. “You” should contact the companies for those External Sources if “You” have any concerns regarding such Products, Services and Web Site located on such External Sources.

6.4      Merchants (dealers/ manufacturers/Suppliers/Retailers/Service providers) operate stores or sell product lines on this Website. shall not be responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Further, shall not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. “You” should carefully review their privacy statements and other conditions of use.


7.1    The price of the listed cars as displayed on the Blogshall be the price as fixed by the Dealer and the dealers shall endeavor to list the on-road price applicable to the region where the car is being offered for Sale on the Website. 

7.2    Notwithstanding anything contained in the Terms and Conditions herein, shall not be liable for misrepresentations as regards specifications and prices by the Dealers/ Sellers/ Manufacturers and in all such circumstances the buyers using the search and order service on the Blogshall pursue all their remedies against the registered member dealers alone and shall not implead in such disputes against the Dealer/ Sellers. 


8.1    “You” are permitted to post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In this regard, reserves the right (but not the obligation) to remove or edit such content and initiate criminal prosecution under Applicable Law for posting unacceptable content. 

8.2    “You” may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

8.3     If “You” do post content or submit material, and unless we indicate otherwise, “You” grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. has the right but not the obligation to monitor and edit or remove any activity or content. takes no responsibility and assumes no liability for any content posted by “You” or any third party.

8.4    “You” further agree that “You” shall not use the Blogto intentionally harm any other user in any manner either directly or indirectly. “You” shall also refrain from manipulating the Blogin order to intentionally disguise your identity or disguise the origin of any content transmitted through the website. 

8.5    “You” shall also not do any act so as to cause disruptions to the normal flow of information and Content on the Blogor disrupt or disturb the ability of other users to use the Blogand Services by way of acts including but not limited to stalking and other forms of harassment. 

8.6    “You” shall not interfere with the Blogor servers or networks connected to the Blogor breach any of the requirements, procedures and policies of the networks connected to the Website. 

8.7    “You” shall also not be permitted to post or transmit any information that is derogatory as regards the brand, services or content relating to  

8.8 shall reserve the sole right and discretion to discontinue the member login provided in accordance with Clause 9.2 below in the event that “You” violate any of the terms of this Agreement including but not limited to breach of intellectual property obligations or Code of Conduct relating to permissible information that can be uploaded or transmitted via the Website. 

IX.    TERMS REGULATING BUYING AND SELLING ON THE WEBSITE: shall not permit testing of the Services by placing false Order requests and the said act shall be a crime under Applicable law and “You” shall be liable to punishment for impersonation, fraud and identity theft. It is however clarified that “You” shall continue to be liable for the fictitious transaction since shall reserve the right to determine your real identity through the unique address transmitted by your browser, IP address etc. 


All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of or its content suppliers and protected by Indian laws and international copyright laws. The compilation of all content on this site is the exclusive property of and protected by Indian laws and international copyright laws. All software used on this site is the property of or its software suppliers and protected by Indian laws and international copyright laws.


To the full extent permissible by applicable law, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to “You” through this site; their servers; or electronic communications sent from are free of viruses or other harmful components. will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to “You” through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing


“You” (Applicable to buyers and registered members) agree to indemnify and hold and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Contents “You” submit, e-mail,  “You” make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.
XIII.    TERM AND TERMINATION: reserves the right to block your access to the Products, Services and Web Site if “You” are using it in excess of this provision or otherwise unreasonably upon investigation by The Products, Services and Web Site available are delivered in accordance with the terms of a License Agreement. may modify any of the terms and conditions contained in this Agreement, at any time and in’s sole discretion, by posting a change notice or a new agreement/ supplemental agreement on’s Website. We may also choose to use commercially reasonable efforts to notify all users under this Agreement via any email addresses “You” provide to If any modification is unacceptable to “You”, your only recourse is to terminate this agreement. Your continued utilization of the service following any change will constitute your binding acceptance of the change. also reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Products and/or Web Site at any time for any reason without prior notice or liability.


These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.


This Agreement shall be construed in accordance with the laws of India. By visiting, “You” agree that the Indian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between “You” and Any dispute relating in any way to your visit to or to products or services sold or distributed directly by or through shall be referred for arbitration and arbitration place shall be in Bangalore, India, and “You” consent to exclusive jurisdiction. However, dispute as contemplated in these terms and conditions shall not cover product related disputes that “You” may have with the manufacturer/ seller relating to manufacturing defects, misconduct or negligence relating to the cars finally purchased. 


This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between “You” and  


By usage of the “You” also consent to being contacted by dealers, sellers, manufacturers and other related parties (who are authorized to access data uploaded on the Website) and their agents via SMS, e-mail, landline telephone and other electronic messaging means. In this regard, it is clarified that this consent shall be valid and as well as other authorized persons accessing data shall not be held liable even if the said contact number uploaded on is NOT registered with the DO NOT CALL REGISTRY so far.