Chachacar Marketing Agreement
THIS Agreement (referred as CMA) is executed on the day of registration by and between:
The Person registering , acting through its authorized representative (hereinafter referred to as “Dealer” which expression, unless it be repugnant to the context or meaning thereof, shall be deemed to mean and include all its successors and permitted assigns) of the First Part;
CHACHACAR Private Limited., a company incorporated under the Companies Act, 1956, having its Corporate office at Bunglow No.189, Lane No.6, K.T.Nagar, Katol Road Nagpur MH 440013 (hereinafter referred to as, “ChaChaCar”. which expression, unless it be repugnant to the context or meaning thereof, shall be deemed to mean and include all its successors and permitted assigns) of the Second Part.
(Dealer and ChaChaCar may be referred to as ‘Party’ individually and as ‘Parties’ collectively, as the context may require).
ChaChaCar carries on the business inter alia, of the business of sales promotions and marketing. ChaChaCar owns a website which is an online market place, where users of the Website can request for a test drive (referred as RTD) for the product(Car) , the user intend to buy . ChaChaCar is only the facilitator of the transaction; it owes no responsibility towards the completion/fulfillment of the same. ChaChaCar’s role is limited to managing Website (defined below) over which the products are displayed and other incidental services are provided to enable the transactions between the Dealers and the Buyers.
Now it is hereby agreed by and between the parties as follows:
(i) “Buyer” shall mean a user of the Website who opts for RTD for products or services .
(ii) “RTD” shall mean the Buyer intends to buy the product after taking a trial test drive
(iii) “Website” means ‘ChaChaCar.com’ and instances of the same
(iv) “Dealer Panel” means a uniform resource locator (“URL”) provided by ChaChaCar to Dealer with a unique login and password to update the product status, and keep the track of leads/walk-ins on the same.
1) Listing Management :
ChaChaCar reserves the right to select the products to be displayed on its Website. ChaChaCar also reserves the right to determine the Dealers who may sell on the Website. ChaChaCar shall receive RTD details for the products displayed on behalf of Dealer only in the capacity of the entity that provides an access to Website and marketing to the Dealer.
Lead : A buyer intending to buy the Product Listed by a dealer on the website .
Walk-In : A buyer showing up for the Test-Drive of the product opted as RTD on the website
ChaChaCar on behalf of the Dealer, will generate leads and provide walk-ins to the Dealer for their Product to boost their Sales.
ChaChaCar charges for the Leads/walk-ins converted to Sales as a Success-Based Model that is 2% of the Product Value at the time of the transaction between Buyer and Dealer.
All leads are also tracked and recorded for accounting purposes. Dealer will be notified timely regarding the lead and walk-in details of the Buyer.
Any product sold by the Dealer to the Buyer whose walk-in/lead was provided by the website will be considered as Sales through the website irrespective of the Listing.
Leads/Walk-Ins Status for the products of the dealer can also be tracked by the dealer himself via the login details provided by the website.
Dealer is responsible for the product/payment collection while dealing with the buyer, as the website is not involved at the time of transaction.
Website role is limited to providing walk-ins/lead for the products.
In-case of any losses incurred by the dealer accidental or otherwise, on-account of Test-Drive or later will be solely borne by the dealer and the website will not be held accountable .
ChaChaCar shall provide the necessary back-end infrastructure, like call center, lead management system, etc., for capturing the Buyer/RTD details placed on the Dealers. RTD placed by Buyer will be forwarded to the Dealer for making the product available to the end Buyers. ChaChaCar will separately inform the Dealer regarding the modalities involved to access the RTD of Buyers, by way of direct access through a “Dealer Panel”.
Dealer shall provide content & data of its products to be displayed at Website. Dealer will update the sales details on the Dealer Panel provided by ChaChaCar or any other mode as may be notified by ChaChaCar from time to time.
On receipt of the RTD, Dealer will make the products ready for the Buyer to test-drive .In case of delay/event regarding the product status, ChaChaCar will be immediately informed by Dealer, along with the expected time of RTD , so that the Buyer may be appropriately informed.
2) KYC Details :
Business proof (Membership of a registered association/ Shop Certificate/Rent Receipts/Agreement of rent/Letterhead & Visiting card – Any one.
ID Proof (Mandatory) – (Aadhar/DL/PAN)
Address Proof (Mandatory) – (Electricity Bill/ Landline Phone Bill / Rent Agreement).
KYC Declaration- (Mandatory)-Please mention below details in your Letter head Self Attested copy
Warranties provided by the dealer on the product, need to be disclosed by the dealer at the time of listing (Like Engine/Gearbox) .
Expenses/Claims to be borne by the dealer in-case of any issues for the products within warranties as disclosed.
ChaChaCar provides third party warranties and services to the Buyer for which the dealer and the website will not be held accountable in-case of issues .
Dealer should make the product available for the inspection by the third party.
4) Term and Termination
This agreement is ongoing from the initial start date. The agreement can be ended at any time by either party, with a written (email) notice.
This agreement may be amended from time to time by mutual consent. Any amendments to this agreement must be in writing and signed by both parties.
Each party acknowledges and agrees that any information relating to the other party’s business which is not generally known to the public is confidential and proprietary information. Neither party will disclose the Confidential Information to third parties without prior written agreement. This business agreement, relationship, or operating practices shall not be made public on any Website, Internet forum, social networking site, message board, or any other public media without the express written consent of both parties.
(a) Website – Website shall indemnify and hold harmless the Dealer from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this agreement.
(b) Dealer – Dealer shall indemnify and hold harmless the website from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this agreement.
To whomsoever it may Concern
The Dealer hereby declares and confirms that it has the requisite permission to deal in the products represented through the brands. It has procured the genuine products from legitimate channels and has the right to enter into this agreement with ChaChaCar Private Limited, allowing it and/or its agents and marketing partners, to arrange the display with an objective to market the products to end consumers. The Dealer hereby declares and confirms that in the fulfilment of its obligations under this Agreement, it will not infringe any intellectual property rights of ChaChaCar or any other third party.