www.My-Car-Deal.blogspot.com
These legal conditions govern the use of Products, Services and access to the Car Blog www.My-Car-Deal.blogspot.com
By the use of this www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com.com 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 www.My-Car-Deal.blogspot.com Blog Blog (Hereinafter referred to as “www.My-Car-Deal.blogspot.com”) www.My-Car-Deal.blogspot.com is a web portal fully developed and owned by www.My-Car-Deal.blogspot.com 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, www.My-Car-Deal.blogspot.com 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:
www.My-Car-Deal.blogspot.com 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.
II. DEFINITIONS:
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 www.My-Car-Deal.blogspot.com;
(c) “Features” shall mean and include all interactive, chat services, value added services and other features which may be introduced by www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com;
(f) “Our” as used in the Terms below shall mean www.My-Car-Deal.blogspot.com Blog Blog;
(g) “Services” shall mean the services available under this Agreement as offered on our web portal www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com web portal www.My-Car-Deal.blogspot.com;
(i) “Website” shall mean the site bearing address www.My-Car-Deal.blogspot.com and shall include all websites linked to that URL where such linked URL pages are lawfully posted and operated by www.My-Car-Deal.blogspot.com or its legally authorized agents.
III. NATURE OF SERVICE AND EXCLUSION OF LIABILITY:
3.1 The nature of services rendered by www.My-Car-Deal.blogspot.com through the www.My-Car-Deal.blogspot.com Blogshall not be construed as professional advisory services. www.My-Car-Deal.blogspot.com also clarifies that it does not grant any certifications, guarantees or warranties as regards any of the products displayed on the www.My-Car-Deal.blogspot.com Blog and shall not be liable as regards the warranties actually attaching to the products and www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com Blogare solely for information purposes and in no way does the www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com Blog“You” also grant your consent to permit www.My-Car-Deal.blogspot.com 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
IV. LICENSE AND SITE ACCESS:
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 www.My-Car-Deal.blogspot.com only with involvement of a parent or guardian. www.My-Car-Deal.blogspot.com 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. www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com.
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 www.My-Car-Deal.blogspot.com Blogor the materials contained within the Services or the www.My-Car-Deal.blogspot.com Blogother than a limited right to utilize the Services and the www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com.
d. “You” may not frame or utilize techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of www.My-Car-Deal.blogspot.com without express written consent. Any unauthorized use terminates the permission or license granted to “You” by www.My-Car-Deal.blogspot.com. “You” may not use any www.My-Car-Deal.blogspot.com logo or other proprietary graphic or trademark as part of the link without express written permission from www.My-Car-Deal.blogspot.com.
V. CONFIDENTIALITY:
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, www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com to render the Services.
VI. REPRESENTATIONS REGARDING SERVICES:
6.1 www.My-Car-Deal.blogspot.com represents and warrants that it shall endeavor to be as accurate as possible as regards all Content displayed on the Website. However, www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com shall make all reasonable efforts to maintain the accuracy as well as availability of the Services on the Website, www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com 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. www.My-Car-Deal.blogspot.com shall not be responsible for examining or evaluating, and www.My-Car-Deal.blogspot.com does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Further, www.My-Car-Deal.blogspot.com 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.
VII. TERMS REGARDING PRICING:
7.1 The price of the listed cars as displayed on the www.My-Car-Deal.blogspot.com 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, www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com Blogshall pursue all their remedies against the registered member dealers alone and shall not implead www.My-Car-Deal.blogspot.com in such disputes against the Dealer/ Sellers.
VIII. TERMS REGARDING REVIEWS, COMMENTS, COMMUNICATIONS AND MISCELLANEOUS CONTENT:
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, www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com 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. www.My-Car-Deal.blogspot.com has the right but not the obligation to monitor and edit or remove any activity or content. www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com Blogto intentionally harm any other user in any manner either directly or indirectly. “You” shall also refrain from manipulating the www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com Blogor disrupt or disturb the ability of other users to use the www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com Blogor servers or networks connected to the www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com.
8.8 www.My-Car-Deal.blogspot.com 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:
www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com shall reserve the right to determine your real identity through the unique address transmitted by your browser, IP address etc.
X. INTELLECTUAL PROPERTY:
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 www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com and protected by Indian laws and international copyright laws. All software used on this site is the property of www.My-Car-Deal.blogspot.com or its software suppliers and protected by Indian laws and international copyright laws.
XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the full extent permissible by applicable law, www.My-Car-Deal.blogspot.com disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com are free of viruses or other harmful components. www.My-Car-Deal.blogspot.com 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
XII. INDEMNITY:
“You” (Applicable to buyers and registered members) agree to indemnify and hold www.My-Car-Deal.blogspot.com 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:
www.My-Car-Deal.blogspot.com 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 www.My-Car-Deal.blogspot.com. The Products, Services and Web Site available are delivered in accordance with the terms of a License Agreement. www.My-Car-Deal.blogspot.com may modify any of the terms and conditions contained in this Agreement, at any time and in www.My-Car-Deal.blogspot.com’s sole discretion, by posting a change notice or a new agreement/ supplemental agreement on www.My-Car-Deal.blogspot.com’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 www.My-Car-Deal.blogspot.com. 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. www.My-Car-Deal.blogspot.com 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.
XIV. SEVERABILITY
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.
XV. DISPUTE RESOLUTION:
This Agreement shall be construed in accordance with the laws of India. By visiting www.My-Car-Deal.blogspot.com, “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 www.My-Car-Deal.blogspot.com. Any dispute relating in any way to your visit to www.My-Car-Deal.blogspot.com or to products or services sold or distributed directly by www.My-Car-Deal.blogspot.com or through www.My-Car-Deal.blogspot.com.com 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.
XVI. RELATIONSHIP:
This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between “You” and www.My-Car-Deal.blogspot.com.
XVII. CONSENT FOR COMMUNICATION:
By usage of the www.My-Car-Deal.blogspot.com Blogwww.My-Car-Deal.blogspot.com “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 www.My-Car-Deal.blogspot.com as well as other authorized persons accessing data shall not be held liable even if the said contact number uploaded on www.My-Car-Deal.blogspot.com is NOT registered with the DO NOT CALL REGISTRY so far.
