General Terms and Conditions
Welcome to CarTrade.com. By using this site, you agree to the following terms and conditions..
Section 1 : General
1. CarTrade.com operates databases accessible via the Internet in which users may advertise motor vehicles for sale. Users can search for these motor vehicles by means of the search function provided by CarTrade.com.
2. CarTrade.com will promote the listings of users in various ways.
3. The present General Terms and Conditions apply exclusively to the relationship between CarTrade.com and the participants using the Public Area of the databases operated by CarTrade.com (markets for passenger cars, freight/commercial vehicles, campers and motorcycles). Any partcipants’ own terms will be superseded by these terms.
4. CarTrade.com will not influence the contents of the advertisements and provides only the technical infrastructure.
5. CarTrade.com is not involved in the relationship between the seller and the (potential) buyer in anyway.
6. Any agreements following from an advertisement being placed on CarTrade.com will be concluded without involvement or participation of CarTrade.
Section 2 : Scope of Services
1. CarTrade.com will provide participants means to advertise their vehicle on the site (sellers) and will display said vehicle for an agreed amount of time to internet visitors (buyers).
2. CarTrade.com reserves the right to temporarily limit access to the website if such is needed for technical reasons such as upgrading, server integrity etc. This may make it difficult or impossible to access advertisments during that period.
Section 3 : Placement and Extension of Advertisements
1. Every user may place an unlimited number of advertisements in the CarTrade.com databases.
2. The user is obliged to provide complete and correct information of the vehicles the user lists on CarTrade.com. The user must ensure that these vehicles are in fact available for sale.
3. Placing advertisements in the CarTrade.com databases may be at a fee.
4. The pricelist supplied by CarTrade.com shall govern the advertisement fees. CarTrade.com reserves the right to change these fees at any time.
5. An advertisement may be deleted by the participant at any time, but there will be no reimbursement of any fees.
Section 4 : Execution of the Agreement
By placing a vehicle advertisement or through any other use of the website, the user indicates agreement to these terms as well as to other terms and conditions applicable.
Section 5 : Deletion of Advertisements, Blocking and other Measures
1. CarTrade.com may take the following measures if there is sufficient indication that a participant has violated this agreement, placed wrong information, violated another party’s rights or CarTrade.com’s own rights:
i. Delete advertisements or other contents placed with CarTrade.com
ii.Limit or restrict the use of the CarTrade.com website
iii.Suspend participants temporarily or indefinitely
2. The deletion of advertisements by CarTrade.com will not release the participant from payment of fees and additonal costs.
Section 6 : Changes in terms and conditions
CarTrade.com reserves the right to change these terms and conditions at any time.
Section 7 : Content Requirements of Advertisements
1. Users are allowed to advertise only for the sale of vehicles. These can be advertised in the categories passenger cars, motorcycles, Commercial Vehicles and rickshaws. Any other advertisements are not allowed and will be removed.
2. Users are obliged to submit correct and full information about their vehicle. CarTrade.com is not responsible for any damage arising from placement of false information.
3. Users can include photos with their advertisements. These photos have to be representative of the vehicle at sale and infringe on the intellectual property rights of third parties. CarTrade.com does not have any influence on these photos and will in no way be accountable for their contents.
4. The wordings of the advertisements should be in accordance with all laws and regulations of India.
Section 8 : Responsibility for the Contents of Advertisements
1. The user shall take full responsibility for the contents of the advertisements. CarTrade in no way endorses these advertisements in terms of their correctness or completeness.
2. CarTrade.com denies all warranty and liability for the compliance of advertisements with statutory provisions and their accuracy.
3. CarTrade expressly denies warranty and liability in case a transaction resulting from the advertisement does not take place, due to whatever reason.
Section 9 : Indemnification
The user releases CarTrade.com from all third party claims against CarTrade.com in such circumstances that the user’s advertisement violates the rights of this third party, or by any other use of the website. The user also agrees to assume any necessary costs, including but not limited to, legal and court fees necessary to protect the rights of CarTrade.com.
Section 10 : Deletion of Advertisements
To preserve a representive and current database, CarTrade.com’s database must be as correct as possible. Users are required to remove their vehicle advertisements as soon as their vehicle is no longer for sale. CarTrade.com expressly reservers the right to remove advertisements from its database when the vehicle can no longer be assumed to be for sale. The advertiser will be contacted prior to deletion.
Section 11 : Vehicle Search and System Integrity
1. Vehicles in CarTrade’s database may be searched for only via the search functions offered on the site.
2. Users may not interfere with the website’s proprietory contents and coding. Attempts to influence the contents of other parties’ advertisements are also forbidden. Any such attempts will be prosecuted in all vigour.
Section 12 : Warranty
Under circumstances of force majeur, such as lawsuits, failure in communication technologies, natural disasters, and other such occurrences, CarTrade.com will be released of its obligations to perform. No claims can be made to CarTrade under such cirumstances.
Section 13 : Copyright and Usage Rights
Any and all data, information, company logos, texts, programs and images of advertisements placed on the CarTrade.com website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants’ as CarTrade’s own data. The copyright associated with an advertised vehicle, i.e. photos and text, does remain property of the advertiser.
Section 14 : Severability Clause
In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legal effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to ommisions in these terms and conditions.
Section 15 : Applicable law and court
These terms and conditions are governed by the laws of India and Maharasthra. In case of any dispute, the courts of Mumbai shall have jurisdiction.