Following are the terms and conditions governing your use of the website www.carnation.in (hereinafter referred to as "the Site") and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards Carnation Auto India Pvt. Ltd. (hereinafter referred to as Carnation) ("User Agreement ").
The contents provided on or through this Site is solely for information purposes and does not substitute for specific advice whether investment, legal, taxation or otherwise and is not intended to provide you with any nature of certification, guarantee or warranty. By accessing, browsing and using this Site, you agree and acknowledge that you understand this limited and restricted use and agree that you would not rely on the information and materials contained in this Site for any purposes except as Carnation intended or specified under this Agreement. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements and consequences thereof. Carnation disclaims all liability for damages caused by use of Content on the Site. You agree that you are providing Carnation with personal details regarding your mobile phone, address. You also agree that Carnation may use the information for automated analysis.
Carnation will provide services to research cars, prices, technical specifications and other car attributes. The services can include listing of your used cars online or browsing through the list of used cars listed by other users of Carnation. Carnation makes no claims that the data is accurate or applicability of the information to any specific purpose, use or situation.
2. MEMBERSHIP ELIGIBILITY
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. The Site is not available to persons whose membership has been suspended or terminated by Carnation. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
3. ACCOUNT AND REGISTRATION OBLIGATIONS
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree 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 Carnations registration form (such information being the "Registration Data"); and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Carnation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Carnation has the right to indefinitely suspend or terminate your membership and refuse to provide you any further with access to the Site.
4. 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. 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.
5. REPRESENTATIONS AND WARRANTIES
Carnation or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained on the Site. The information from or through this Site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.
Carnation and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
6. FEES AND SERVICES
Membership on the Site is free. Carnation does not charge any fee for browsing on the Site. Carnation charges Listing Fee to all sellers and Special Listing Fees are charged to Sellers who use the Special Listing Feature for listing their cars. However, such listing fee can be waived off for fix duration as Inaugural Offer and/or to an Individual Seller or Associate Dealer, short listed and selected by Carnation. Carnation 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 which is hereby incorporated by reference into this agreement.
The Fee Charging and Credit policies on Carnation Site are effective from ______________. However, Carnation reserves the right to change its Fee Charging and Credit policies from time to time. In particular, Carnation 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 Carnation 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.
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 you agree to bear any and all applicable taxes, charges etc. levied thereon. Carnation reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Carnation. Carnation also reserves the right to take legal action in case of non-payment of fees by you to Carnation.
7.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) 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 Carnation of the same. You may contact Carnation by sending mail to ______________.
(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 Carnation.
(i) You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Site to any other entity or individual. No Contents or information on the Site may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using this Site.
(j) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Carnation and/or our affiliates without the express written consent of Carnation. You may not use any meta tags or any other "hidden text" utilizing Carnations name or trademarks without the express written consent of Carnation. Any unauthorized use terminates the permission and the license granted by Carnation under this Agreement to you.
(k)You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
that harasses, degrades, intimidates or is hatful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
8. PLATFORM FOR COMMUNICATION
The Site is only a venue where Users may meet and interact with one another for their transactions. Carnation is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
(a) Carnation is not responsible for any non-performance or breach of any contract entered into between Users. Carnation cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Carnation shall not and is not required to mediate or resolve any dispute or disagreement between Users.
(b) Carnation 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, Carnation does not implicitly or explicitly support or endorse the sale or purchase of any cars or services on the Site. Carnation accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) Carnation 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. Carnation 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 cars vest with Carnation nor shall Carnation have any obligations or liabilities in respect of such contract. Carnation 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 registered Users that you transact with.
(f) You release and indemnify Carnation and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Carnation cannot control the information provided by other Users which is made available on the Site. 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. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false or malafide pretenses.
Without limiting other remedies, Carnation 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:
(a) If you breach the User Agreement or the documents it incorporates by reference;
(b) If Carnation 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 Carnation.
Carnation may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Carnation or use the Site in any manner whatsoever until such time that such User is reinstated by Carnation. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Carnation reserves the right to recover any amounts due and owing by you to Carnation and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
Carnation 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 Carnation. Please be aware that even if you do not give Carnation 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 Carnation aware of its timely status.
As a registered member, 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.
13. NO WARRANTY
Carnation 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.
14. LIMITATION OF LIABILITY
In no event shall Carnation 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). Carnations liability in any circumstance is limited to the amount of fees, if any, paid by you to Carnation. Carnation, 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, Carnation 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 Carnation 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 Carnation has been advised of the possibility of such damages).
You agree to indemnify and hold Carnation and (as applicable) its 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.
16. RELATIONSHIP AND NOTICE
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Carnation and you shall have no authority to bind Carnation in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail with return receipt requested to:
Carnation Auto India Pvt. Ltd.
ATTN: Mr. ___________.
Address: Studio 205, IHDP, Plot No. 7, Sec. 127, Noida-201301, Uttar Pradesh
Any notices required to be sent by Carnation to you will be sent at your email address given above. 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. /font>
If any dispute arises between you and Carnation 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 appointed by Carnation. The place of arbitration shall be New Delhi and shall be administered by the Indian Council of Arbitration. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. Each party shall bear its own costs thereto.
18. GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of India and the courts at New Delhi shall have exclusive jurisdiction to deal with all matters arising hereunder.
The disclaimer and limited liability of Carnation as set out in this Agreement are fundamental elements of the basis of the bargain for the Content and access to the Site. You agree that Carnation would not otherwise be able to offer the Content or the Site without such limitations. This clause shall survive any termination of this Agreement.
20. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.