Terms and Conditions:

The Company shall render services to you with respect to the Terms and Conditions (T&C). These T&C, as modified or amended at times, act as a contract between the Company and you (“you” or “your” or “user”). If you visit, use, or transact at the Portal, you are assumed to be accepting these T&C.

If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Portal.

ChaChaCar provides an online platform that provides individuals who are selling or buying cars peer-to-peer with add-on services such as car inspection, access to financing, closure of transaction. Please read carefully these Terms and our Privacy Policy, which can be found below and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application, Services and constitute a binding legal agreement between you and ChaChaCar.

Privacy

ChaChaCar collects personal information when you register or when you provide such information voluntarily. We use cookies and other technologies to find out how you use ChaChaCar. ChaChaCar accesses information automatically when you visit our site. This information includes URL, IP-address, browser-type, language as well as date and time of your visit. Personal information is used for providing services requested by the user including services with personalized content. Additionally, we use your personal information for internal research in order to improve your online experience as well as our technologies and services. We don’t pass on personal information to any third party.
The user shall solely be responsible for obtaining and maintaining all computer hardware, telephone and all such equipment needed for access to and use of the Portal and all charges related thereto. The Company shall in no way be liable for any damages to the user’s equipment resulting from the use of the Portal.

The Portal requires your permission to send you administrative and promotional emails as a condition of transaction. We shall send you information regarding your account activity and transaction, as well as updates about our services and promotional offers. You can opt-out, whenever you wish to, of our promotional emails by {clicking the ‘unsubscribe’ link at the bottom of any of our email correspondences or by calling us on our “Customer Care Number” provided on the Portal.}

Terms

You agree and understand that ChaChaCar is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information of pre-owned cars. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional offline channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information.
You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site.
Scope of Services

  • ChaChaCar will showcase advertisement by the sellers of the vehicle on the Portal (“Sellers”) and such vehicles shall be displayed along with complete specifications until a prospective buyer visiting the Portal buys the vehicle (“Buyers”). ChaChaCar also publish content relating to used passenger cars. It is hereby clarified that the Sellers can make a request to ChaChaCar to delist their vehicle at any point of time prior to the sale.
  • ChaChaCar reserves the right to temporarily limit access to the Portal if such is needed for technical reasons including but not limited to upgrading of the information listed on the Portal and server integrity. This may make it difficult or impossible to access advertisements during that period.
  • You agree that few features may not be made available across all platforms of the ChaChaCar’s Portal, such that some of the features may be accessible on the Portal but not on the Application or vice versa, and that it is the Company’s discretion as to decide which services shall be made available on what platform.
  • You agree that, at the Company’s discretion, features that may be made available on certain operating systems may not be made available on others for security, compatibility and inter-operability.

Sale and Purchase of passenger cars

The Portal is a Vehicle Listing and Information service Portal that brings together Sellers and Buyers. It is clarified that the Company is not a party to any transaction between the Sellers and the Buyers that originate on or through the Portal. At no time shall the Company have any obligations or liabilities in respect of such transaction. It is further clarified that all information with respect to the vehicle is provided by the relevant Seller only
Listings
1. ChaChaCar provides a numbers of options for the sellers to sell passenger cars. {On the “ SELL” tab provide your name, phone number and e-mail and we will arrange for a call back.}
2. In order to put a vehicle for sale, the Seller needs to have the possession of the vehicle listed and the ability to transfer the title. To list a vehicle for sale on the Portal, the sellers must provide only accurate and correct identifying and contact information. The information must accurately identify the seller and the method of contact must allow ChaChaCar to communicate directly with the seller. The Portal cannot be used to promote any other website, product, or service.
3. By using our Portal to sell your vehicle, you represent to be competent to form a legally binding contract under Indian Contract Act, 1872.
4. Before listing the vehicle on the Portal, we will conduct quality tests with respect to such vehicles. You will be agreeing to cooperate in these quality tests by advertising your vehicle on the Portal. If our tests reveal, or we, otherwise learn, that a seller does not co-operates in quality tests of the respective vehicle, we also reserve the right to deny that {Seller use of services offered on our Portal and any affiliated websites or applications and refuse to list such Seller’s vehicle on the Portal.}
5. By listing a vehicle for sale on the Portal, you agree to use the e-mail addresses of those responding to your listing only and only to communicate with them about the possible sale of that vehicle.

Listing on the Portal

1. The Portal shall list of only passenger cars for sale.
2. Users are obligated to submit correct and full information about their vehicle. ChaChaCar shall not be responsible for any damage arising from placement of false information by any user of the Portal to ChaChaCar.
3. ChaChaCar shall take appropriate photographs of the vehicle to be listed on the Portal.
4. The contents of the advertisements shall be finalised by ChaChaCar and the same shall be in accordance with all laws and regulations of India.
5. The user has to take full responsibility with respect to the contents pertaining to the listing provided to ChaChaCar.
6. ChaChaCar expressly denies any warranty and/or liability in case a transaction resulting from the listing does not take place, due to whatever reason.

User Content

1. The user of the Portal automatically assumes all responsibility and risk for the use of any interactive areas of the Portal. You acknowledge that any of the user generated content posted or passed through our Portal represents the views of the author, and not of ChaChaCar. You also acknowledge that your use of or relying on such content is at your own risk.
2. When publishing anything on the Portal or using any social medial tools or interactive features, you agree that you will not transmit:
1. Any copyrighted material unless you own or control the copyright in and to such material;
2. Material that is knowingly false and/or defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
3. Material that exploits or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
4. Imprecation in subject lines, messages, or signatures;
5. Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
6. Material that violates another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
7. Spam, including, but not limited to junk mails, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
8. Material that contains advertisements or commercial solicitations; or
9. Material discussing illegal activities or linking to websites that deals with such activities
3. You further agree that you will not attempt or do any of the following:
1. Interfere with or disrupt the Portal or our computer systems, servers, or networks;
2. Attempt to again unauthorised access to any part of the Portal, to accounts that belongs to other users, or to computer systems or network connected to the Portal;
3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the robots exclusion protocol) or otherwise;
4. Collect information about others without their consent;
5. Interfere with the use of our Portal by any other individual or party;
6. Impersonate any person, or otherwise attempt to mislead others about your identity or post material under secondary user names or other aliases;
7. Share any username and/ or password you have on our Portal with any other persons;
8. Without limiting any of ChaChaCar’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on ChaChaCar(or on our affiliated websites) and services, and/or a ban from creating new accounts;
9. ChaChaCar reserves the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content, or other posting that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other terms of this T&C. We will not, in the ordinary course of the business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this T&C, or to protect the rights, property, or safety of visitors to our Portal, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, ChaChaCar takes no responsibility and assumes no liability for any content posted to our Portal by you or by the third parties.

Other Content

ChaChaCar puts every required effort to make sure the content on the Portal is true and accurate. However, ChaChaCar does not take responsibility or liability for any loss or damage occurred due to the use of this content.

Sales Policy

1. ChaChaCar shall at any point of time assure the Seller of a vehicle that the payment he or she receives from the Buyer is licit or legitimate. The Seller and the Buyer must see for themselves good judgment while communicating with each other.
2. The price and other terms of any sale are subject to negotiation(s) between the Buyer and the Seller.
3. ChaChaCar shall certainly conduct quality check with respect to each vehicle prior to its sale. The report regarding the quality test provided by ChaChaCar with respect to each car is based upon the condition of the vehicle at the time of quality check. ChaChaCar shall have no accountability in any manner whatsoever with respect to any change/deviation observed in the vehicle in relation to the relevant quality check report. The Buyer shall have the sole responsibility to check/inspect the vehicle in all respect before purchase.
4. The vehicles shall undergo a fitness checklist under On-Spot Inspection Service before issuance of warranty by a Third Party. A record of certification of each car for which the warranty package is offered, and a record of registration of warranty will be under Third Party issuing it.

+91-70150-57199

ChaChaCar

Hiranandani Gardens, Powai, Mumbai.

[email protected]
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