Terms and Condition
 
User Agreement
 
Following are the terms and conditions governing your use of the
 
website www.easvaricarshoppee.com (here in after referred to as the Site) and the general principles for the
 
websites of our subsidiaries and international affiliates and constitutes your binding
 
obligations towards Easvari Car Shoppee  ("User Agreement ").
 
By continued use of the site and/or by registering or remaining registered with us, you
 
hereby agree that you have read and understood the terms of use and the visitor agreement
 
set out herein. Easvari reserves the right to amend the User Agreement or the terms of
 
service at any time by posting the amended terms on the Site. All amended terms shall
 
automatically become effective after they are posted on the Site and any subsequent use of
 
the Site shall be governed by such amended terms. You are advised to regularly check for
 
any amendments or updates to the terms and conditions contained in this User Agreement.
 
You must read, agree with and accept all of the terms and conditions contained in this User
 
Agreement and Easvaris Privacy Policy or any other terms and conditions that may be
 
applicable on your use of the Site, which include those terms and conditions expressly set
 
out below and those incorporated by reference, before you may become a member of the
 
Site and use the services or features provided herein. By accepting this User Agreement,
 
you also agree that your use of websites of our subsidiaries and international affiliates will be
 
governed by the User Agreement and Privacy Policy posted on those websites.
 
1. PURPOSE
 
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 Easvari 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. Easvari disclaims all
 
liability for damages caused by use of Content on the Site. You agree that you are providing
 
Easvari with personal details regarding your mobile phone, address. You also agree that
 
Easvari may use the information for automated analysis.
 
Easvari 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 Easvari. Easvari 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 Easvari. 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
 
Easvaris 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 Easvari has reasonable grounds to suspect that such information is untrue, inaccurate,
 
not current or incomplete, or not in accordance with the User Agreement, Easvari 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
 
Easvari 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.
 
Easvari 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. Easvari does not charge any fee for browsing on the Site.
 
Easvari 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 Easvari. Easvari 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.
 
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. Easvari 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 Easvari. Easvari also
 
reserves the right to take legal action in case of non-payment of fees by you to Easvari.
 
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.
 
(c) Solely to enable Easvari to use the information you supply us with, so that we are not
 
violating any rights you might have in Your Information, you agree to grant us a non-
 
exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple
 
tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you
 
have in Your Information, in any media now known or not currently known, with respect to
 
Your Information. Easvari will only use Your Information in accordance with the User
 
Agreement and Easvaris Privacy Policy.
 
(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 Easvari of the same. You may contact Easvari 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
 
Easvari.
 
(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 Easvari and/or our
 
affiliates without the express written consent of Easvari. You may not use any meta tags or
 
any other "hidden text" utilizing Easvaris name or trademarks without the express written
 
consent of Easvari. Any unauthorized use terminates the permission and the license granted
 
by Easvari 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. Easvari is not and cannot be a party to or control in any manner any
 
transaction between two Users of the Site. Consequently:
 
(a) Easvari is not responsible for any non-performance or breach of any contract entered into
 
between Users. Easvari cannot and does not guarantee that the concerned Users will
 
perform any transaction concluded on the Site. Easvari shall not and is not required to
 
mediate or resolve any dispute or disagreement between Users.
 
(b) Easvari 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, Easvari does not implicitly or explicitly support or endorse the sale or
 
purchase of any cars or services on the Site. Easvari accepts no liability for any errors or
 
omissions, whether on behalf of itself or third parties.
 
(c) Easvari 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. Easvari 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 Easvari nor shall Easvari have any
 
obligations or liabilities in respect of such contract. Easvari 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 Easvari 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, Easvari 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.
 
9. 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.
 
10. BREACH
 
Without limiting other remedies, Easvari 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 Easvari 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 Easvari.
 
Easvari 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 Easvari or use the
 
Site in any manner whatsoever until such time that such User is reinstated by Easvari.
 
Notwithstanding the foregoing, if you breach the User Agreement or the documents it
 
incorporates by reference, Easvari reserves the right to recover any amounts due and owing
 
by you to Easvari and to take strict legal action including but not limited to a referral to the
 
Cyber Crime Division / initiating criminal proceedings against you.
 
11. BUYING
 
Easvari 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 Easvari. Please be aware that even if you do not give Easvari 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 Easvari aware of its timely
 
status.
 
12. SELLING
 
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
 
Easvari 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 Easvari 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). Easvaris
 
liability in any circumstance is limited to the amount of fees, if any, paid by you to Easvari.
 
Easvari, 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, Easvari 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 Easvari 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 Easvari has been advised of the
 
possibility of such damages).
 
15. INDEMNITY
 
You agree to indemnify and hold Easvari 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 Easvari and you shall have no authority to bind Easvari in any
 
manner whatsoever.
 
Except as explicitly stated otherwise, any notices shall be given by postal mail with return
 
receipt requested to:
 
Easvari 
 
ATTN: Mr. ___________.
 
Address: 
 
Any notices required to be sent by Easvari 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>
 
17. ACKNOWLEDGMENT
 
The disclaimer and limited liability of Easvari 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
 
Easvari would not otherwise be able to offer the Content or the Site without such limitations.
 
This clause shall survive any termination of this Agreement.
 
18. 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.
 
21. SEVERABILITY
 
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.
 
Cancellation and Refund Policy
 
Credit Process
 
1. Customer wants to opt for credit
 
2. Customer can write email or call at Call center
 
3. Email will be sent to customer with Credit Code
 
a. Detailing the Credit process
 
b. Detailing the products and services he can redeem his credit.
 
 
 
Refund Process
 
1.Customer wants to claim refund
 
2. Customer can write email or call at Call center
 
3. Email will be sent to customer
 
a. Detailing the Refund process
 
b. List of documents to be submitted
 
c. Link to fill in Feedback form and submit the application form for Refund
 
4. Customer needs to submit other required documents/ information for refund process
 
through courier.
 
6. Once Application form and Documents are received by Easvari, Refund claim needs to be
 
approved by concerned Business and Finance authority.
 
7. We would refund the same through cheque or will be processed by respective Payment
 
Gateway as used by the user and sent back to the issuing bank (user’s card banker) in
 
batches for processing, which should approximately take about 8-15 working days,
 
depending on issuing bank policies’
 
Disclaimer
 
By accessing and browsing the Mahindra First Choice Wheels Ltd. (the 'Company') website
 
or by using and/or downloading any content from the same, you agree and accept the Terms
 
of Use as set forth below.
 
Purpose of the website
 
All the materials contained in the Company’s website are on provided for informational
 
purposes only and shall not be construed as a commercial offer, a license, an advisory,
 
fiduciary or professional relationship between you and the Company. No information
 
provided on this site shall be considered a substitute for your independent investigation.
 
The information provided on this web site related to car features & accessories may be
 
different from an actual physical car. Actual features & accessories to be checked before
 
buying the car or taking delivery of the car.
 
The information provided on this website may be related to products or services that are not
 
available in your country.
 
Links to Third-Party Websites
 
Links to third-party websites are provided for convenience only and do not imply any
 
approval or endorsement by the Company of the linked sites, even if they may contain the
 
Company’s logo, as such sites are beyond the Company’s control. Thus, the Company
 
cannot be held responsible for the content of any linked site or any link contained therein.
 
You acknowledge that framing the Company’s website or any similar process is prohibited.
 
Intellectual Property
 
This website is the exclusive property of the Company. Any material that it contains,
 
including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or
 
html code is protected under the intellectual property laws and remains the Company or third
 
party’s property.
 
You may use this material for personal and non-commercial purposes in accordance with the
 
principles governing intellectual property laws. Any other use or modification of the content
 
of the Company’s website without the Company’s prior written authorization is prohibited.
 
Warranty and Liability
 
All materials, including downloadable software, contained in the Company’s website is
 
provided on ‘as is’ basis and without warranty of any kind to the extent allowed by the
 
applicable law. While the Company will use reasonable efforts to provide reliable information
 
through its website, the Company does not warrant that this website is free of inaccuracies,
 
errors and/or omissions, viruses, worms, Trojans and the like, or that its content is
 
appropriate for your particular use or up to date. The Company reserves the right to change
 
the information at any time without notice. The Company does not warrant any results
 
derived from the use of any software available on this site. You are solely responsible for
 
any use of the materials contained in this site.
 
The information contained in this site does not extend or modify the warranty that may apply
 
to you as a result of a contractual relationship with the Company.
 
The Company will not be liable for any indirect, consequential or incidental damages,
 
including but not limited to loss of profits or revenues, business interruption, loss of data
 
arising out of or in connection with the use, inability to use or reliance on any material
 
contained in this site or any linked site.
 
Users’ Comments
 
The Company does not assume any obligation to monitor the information that you may post
 
on its website.
 
You warrant that any and all information projects, files or other attachments sent to us
 
(‘Material’) or comments other than personal data, that you may transmit to the Company
 
through the website does not infringe intellectual property rights or any other applicable law.
 
Such information, material or comments, will be treated as non-confidential and non
 
proprietary. By submitting any information or material, you give the Company an unlimited
 
and irrevocable license to use, execute, show, modify and transmit such information,
 
material or comments, including any underlying idea, concept or know-how. The Company
 
reserves the right to use such information in any way it chooses.
 
Applicable law - Severability
 
These terms of use are governed by the Indian law. The courts in Mumbai have jurisdiction
 
in relation to any claim or action arising out of, or in connection with, the terms of use.
 
If any provision of these terms of use is held by a court to be illegal, invalid or unenforceable,
 
the remaining provisions shall remain in full force and effect.
 
Modifications of the Terms of Use
 
The Company reserves the right to change the terms of use under which this website is
 
offered at any time and without notice. You will be automatically bound by these
 
modifications when you use this site, and should periodically read the terms of use.
 
After having read and understood the disclaimer and copyright notice, I hereby agree to
 
accept and abide by all the terms and conditions as mentioned therein at my sole
 
responsibility.

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