- These Terms along with other terms, conditions, and policies of 4M Global Solutions Pvt. Ltd set out the terms on which we offer you access to and use of the app carbazaar.app and its mobile application (“Platform”). By using or accessing the Platform in any manner, even through automated means, you agree to comply with these Terms.
- These Terms may be updated by us at any time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with our Platform in any way, your only option is to immediately discontinue using the Platform.
- By proceeding to use the Platform, you warrant that you are eligible to contract under applicable laws. If you are using or accessing the Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent such person/entity. You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- SCOPE OF THE PLATFORM
- This Platform is a tool that provides you with the means to update, share, modify, form individual groups for inventory sharing, upload and display the inventory of vehicles on several portals with the prior permission of the dealers holding accounts or legitimate access on various or one platforms/portals. This platform also enables the user to get an approximate/indicative buying price of vehicles (through pricing tool) he/she may desire to procure from the marketplace. This platform will also provide CRM tools for helping dealers track, monitor, convert and control their leads effectively. In addition to the Terms, the relationship between you and 4M Global Solutions pvt ltd. in connection with the usage of this app, is governed by this contract.
- Used vehicles belonging to dealers who wish to offload them will be placed on the Platform at such intervals communicated to you from time to time. At such sessions, the dealers will provide you with brief details of Vehicles, their condition, and pictures for which you can express your interest and further act upon it as desired. 4M Global Solutions Pvt. Ltd. is in no way responsible for the accuracy of such information shared by participating dealers on this platform. Any actions/deals among dealers based upon this information are the sole responsibility of the user/dealers.
- It is the sole responsibility of the users/Dealers to make sure that their data/inventory is updated from time to time or on a regular basis. 4M Global is in no way responsible for the accuracy of any information/data provided by users/Dealers on this platform.
- You acknowledge that you will willingly grant permissions to access other portals on which you may hold account/login access in order to facilitate uploading/updating/modifying of your inventory from time to time as desired by you. 4M Global Pvt. Ltd. is in no way responsible on any mishappenings, misuse of any sought on you providing login/access, credentials/details to other platforms. However, 4M Global Solutions Pvt. Ltd. ensures you that your login credentials will not be misused, shared with any other entities that may be harmful to your performance/operations intentionally.
- Dealers using grouping facility are responsible for the addition, deletion, and edition of their group members from time to time. Any exchange of information with the fellow dealers and the business out of the exchange of information will be responsibly handled by the dealers/group, any claims or conflicts arising through the exchange of information is the sole responsibility of the participating dealers of the group and 4M Global Solutions pvt ltd is in no way responsible for the same.
- Buying tool provides only indicative prices operating in the market based on available information and data history for the specific details provided by the dealers in the APP, any decisions of buying cars by the dealers/users will be the sole responsibility of the dealers using this APP, 4M Global Solutions pvt ltd is in no way responsible for the same.
- Dealers/Users using the CRM tool provided by this App are fully responsible for the accuracy of the data provided by them in order to get effective results from this tool. 4M Global Solutions pvt ltd is in no way responsible for the same.
- ACCOUNT, REGISTRATION AND ACCESS
- If you use our Platform, you shall be solely responsible for maintaining the confidentiality of your account credentials and you agree to accept responsibility for all activities occurring under your account. If at any point feel that your account credentials may have been compromised, please bring it to our attention immediately.
- You agree to provide us true, accurate, current and complete information about yourself as required at the time of your registration and promptly update us in the event of any change in the information provided.
- You agree to maintain only one active account with us, accessing our Platform through multiple accounts may result in the termination of all your accounts.
- We may require you to pay an enrolment fee to use the Platform and be enrolled with us. We reserve the right to set off any amount paid by you to us against any amount due from you to us including any deposit, fees, or damages payable by you under a contract entered into between us.
- You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.
- You are required to ensure that proper payment for the APP usage has to be done from time to time as decided by the Carbazaar team. Any deviation to the standard payment terms would result in blocking of the user id and password. The final decision in this regard would be at the sole discretion of Carbazaar management. No claim of loss of business etc will be entertained by carbazaar management due to the same.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that the materials on the Platform, including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Materials") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to us, and are protected under applicable intellectual property laws.
- Materials and Marks on the Platform are provided to you AS IS for your information only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent.
- We reserve all rights not expressly granted herein in the Marks and the Materials. You agree to not engage in the use, copying, or distribution of any of the Marks or the Materials other than as expressly permitted in the Terms, including any use, copying, or distribution of Materials of third parties for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of our Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of our Platform or the Materials.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
- You expressly acknowledge and agree that use of the Platform is entirely at your own risk and that the Platform is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. We make no warranties or representations about the accuracy or completeness of any content on the Platform and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content made available through the service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the service.
- In no event shall we, our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the service, including without limitation whether the damages arise from use or misuse of the service, from an inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law.
- You agree to defend, indemnify and hold harmless us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms or any contract entered into with us; or (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform.
VIOLATION OF TERMS AND TERMINATION
- Please report any violations of the Terms that you become aware of by contacting us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
- You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the Platform without any liability whatsoever towards you. Some of the reasons for such termination may include, (a) your breach or suspected breach of these Terms or any contract entered into with us; (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Platform; (d) technical or security issues; and (e) any fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Platform.
- Notwithstanding any other provision of these Terms, we retain the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
- The Terms and the relationship between you and us shall be governed by the laws of India. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of Mumbai, India.
- These Terms and the other policies posted constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
- These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
- Any failure of our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
- These Terms shall inure to the benefit of and be binding upon each party's successors and
- All product and company names are trademarks™️ or registered®️ trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.