User Agreement :
These are the terms and conditions governing
your use of the website www.guwahaticarbazar.com
(hereinafter referred to as "the Site"). Guwahaticarbazar
may amend the User Agreement at any time by posting the
amended terms on the Site. All amended terms shall
automatically become effective immediately they are posted
on the Site and any subsequent use of the Site shall be
governed by such amended terms.This Agreement may not be
otherwise amended except in a writing signed by you and
Guwahaticarbazar. You are advised to regularly check for
any amendments or updates to the terms and conditions
contained in this User Agreement. If any clause of the
User Agreement 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 User
Agreement.
You must read, agree with and accept all of
the terms and conditions contained in this User Agreement,
which include those terms and conditions expressly set out
below and those incorporated by reference, before you may
become use site of Guwahaticarbazar.
1. Electronic Communications
When you visit the Site 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.
2. Fees and Services
Guwahaticarbazar does not charge any fee for
browsing on the Site. Guwahaticarbazar charges Listing Fee
to all sellers and Special Listing Fees are charged to
Sellers who use the Special Listing Feature for listing
their cars. Guwahaticarbazar is not liable for making
these selections public. Before you list an car for sale
through the Site, we request you to review our Fees.
However, Guwahaticarbazar reserves the right to change its
Fee Charging from time to time. In particular,
Guwahaticarbazar may at its sole discretion introduce new
services and modify some or all of the existing services
offered on the Site. In such an event Guwahaticarbazar
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 such changes
shall automatically become effective immediately after
they are posted on the Site.You are responsible for paying
all fees associated with the use of the Site and you agree
to bear any and all applicable taxes, charges etc. levied
thereon. Guwahaticarbazar reserves the right to issue a
warning or refuse to provide you with access to the Site
in case of non-payment of fees by you to Guwahaticarbazar.
Guwahaticarbazar also reserves the right to take legal
action in case of non-payment of fees by you.
3. Use of the Site
You agree, undertake and confirm that your use of the Site
shall be strictly governed by the following binding
principles:
(a) "Your Information" is defined as any
information you provide to us or other users of the Site
("Users") in the registration, buying or listing process,
in the feedback 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) You represent & warrant that you are at
least 18 years of age and possess the legal authority to
enter into this agreement and in accordance with all terms
and conditions herein. If you are buying or selling goods
using the Services, you further warrant that you have
legal authority to enter into other binding agreements for
the sale or purchase of goods. You agree to be financially
responsible for all of your use of the services.
(c) Your Information (or any cars listed):
(i) shall not be false, inaccurate or
misleading;
(ii) shall not be fraudulent or involve the sale of
counterfeit or stolen cars;
(iii) shall not infringe any third party's intellectual
property, trade secret or other proprietary rights or
rights of publicity or privacy;
(iv) shall not, directly or indirectly, offer, attempt to
offer, trade or attempt to trade in any car, 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 cars, goods
or products of any description that you wish to offer for
sale on the Site or shall have complete right bestow on
you by the legal seller in written and you should have the
authority to deal in and offer for sale such cars, goods
or products.
(e) In the event that any transaction or
attempted transaction relating to any car, good or service
which is violative of this User Agreement or applicable
law comes to your knowledge, you shall take all steps to
inform Guwahaticarbazar of the same. .
(f) You shall not, either alone or in
conjunction with other Users, manipulate or attempt to
manipulate the prices of any car or services being sold or
purchased on the Site.
(g) From time to time, you shall be
responsible for providing information relating to the cars
or services 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 cars or services so
as to mislead other Users in any manner.
(h) You will not disclose your contact
details like Phone number, address, emailing address in
buying or listing process, other than the specified place
in the form, or anywhere on the Site including the
feedback area, discussion forum or through any e-mail
feature to bypass Guwahaticarbazar.
(i) No joint venture, partnership,
employment, or agency relationship exists between you and
Guwahaticarbazar as a result of this agreement or use of
the Guwahaticarbazar.
4. Platform for Communication
The Site is only a venue where Users may meet and interact
with one another for their transactions. Guwahaticarbazar
is not and cannot be a party to or control in any manner
any transaction between two Users of the Site.
Consequently:
(a) Guwahaticarbazar is not responsible for
any non-performance or breach of any contract entered into
between Users. Guwahaticarbazar cannot and does not
guarantee that the concerned Users will perform any
transaction concluded on the Site . Guwahaticarbazar shall
not and is not required to mediate or resolve any dispute
or disagreement between Users.
(b Guwahaticarbazar does not make any
representation or Warranty as to the attributes (such as
quality, worth, condition, etc.) of the cars or services
proposed to be sold or purchased on the Site. In
particular, Guwahaticarbazar does not implicitly or
explicitly support or endorse the sale or purchase of any
cars or services on the Site. Guwahaticarbazar accepts no
liability for any errors or omissions, whether on behalf
of itself or third parties.
(c) Guwahaticarbazar.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 use your best judgment in that
behalf.
(d) The Site is a channel of communication
whereby the Users can reach a larger base to buy and sell
cars or associated services. Guwahaticarbazar 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 buyer. At no time shall any right,
title or interest over the cars vest with Guwahaticarbazar
nor shall Guwahaticarbazar have any obligations or
liabilities in respect of such contract. Guwahaticarbazar
is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result
of cars which are out of stock or otherwise unavailable.
All cars 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
5. Privacy.
We do not sell or rent your personal information to third
parties for their marketing purposes without your explicit
consent and we only use your information as described in
the Privacy Policy. We view protection of users' privacy
as a very important community principle. We understand
clearly that you and Your Information is one of our most
important assets.
6. Breach
Without limiting other remedies, Guwahaticarbazar may
limit your activity, immediately end your listing, warn
other Users of your actions:
(a) If you breach the User Agreement or the
documents it incorporates by reference;
(b) If Guwahaticarbazar 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 Guwahaticarbazar.com.
.
7. Buying
Guwahaticarbazar strongly advises you not to test the site
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 Guwahaticarbazar.
Please be aware that even if you do not give
Guwahaticarbazar your real name, your Web browser
transmits a unique address to us, which can be used by law
enforcement officials to identify you.
As a seller you certify that all information provided by
you against your listed car is true. Individual seller can
list one car at a time and needs to make Guwahaticarbazar
aware of its timely status regarding its sales made.
8. Selling
As a User, you may list car for sale on the Site. You must
be legally able to sell the car(s) you list for sale on
our Site. Listings may only include text descriptions,
graphics and pictures that describe your car for sale. All
listed cars must be listed in an appropriate category on
the Site. Soliciting business offline or outside of the
Site, by indicating your contact details (e.g. contact
phone number, address or e-mail ID) in the car listing or
elsewhere on the Site other than in the Sell Car Form is
expressly prohibited and would be considered as a breach
of the User Agreement. All listed cars must be kept in
stock for successful fulfillment of sales. The listing
description of the car must not be misleading and must
describe actual condition of the product. If the car
description does not match the actual condition of the
car, you agree to refund any amounts that you may have
received from the buyer.
9. No Warranty
Guwahaticarbazar and its suppliers provide the Site 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 is at your sole
risk.
10. Limitation of Liability
In no event shall Guwahaticarbazar or its suppliers be
liable for any direct, indirect, incidental, special,
incidental, 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 agreement
(however arising, including negligence).
Guwahaticarbazar’s liability in any circumstance is
limited to the amount of fees, if any, paid by you to
Guwahaticarbazar. Guwahaticarbazar, 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, Guwahaticarbazar 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 information transmitted in
connection with use of the Site; and/or
(ii) Any interruption or errors in the
operation of the Site. You expressly understand and agree
that Guwahaticarbazar 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 Guwahaticarbazar has been advised of the
possibility of such damages).
11. 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 your breach of the User
Agreement or the documents it incorporates by reference,
or your violation of any law or the rights of a third
party.
12. Arbitration
If any dispute arises between you and
Guwahaticarbazar during your use of the Site or
thereafter, in connection with the validity,
interpretation, implementation or alleged breach of any
provision of the User Agreement, the dispute shall be
referred to a sole Arbitrator who shall be an independent
and neutral third party identified by Guwahaticarbazar.
The place of arbitration shall be Guwahati. The
Arbitration & Conciliation Act, 1996, shall govern the
arbitration proceedings. The arbitration proceedings shall
be in the English language.
13. Governing Law
The User Agreement shall be governed and construed in
accordance with the laws of
India.
14.
Links
Guwahaticarbazar website may contain links to
other Web Sites. The Linked Sites are not under the
control of Guwahaticarbazar and Guwahaticarbazar is not
responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Guwahaticarbazar
is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by
Guwahaticarbazar of the site or any association with its
operators.
15. Tips & Advice
Tips received via Guwahaticarbazar should not
be relied upon for personal, legal, commercial or
financial decisions and you should consult an appropriate
professional for specific advice tailored to your
situation.
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