Terms and Conditions (Store)
Welcome to CarInfo. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of CarInfo Store marketplace platform – (hereinafter referred to as "Platform")
The Platform is owned by Appflix Studio Pvt, having its registered office at Address Delhi India.
Your use of the CarInfo Store and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the CarInfo Store including the applicable policies which are incorporated herein by way of reference. By mere use of the CarInfo Store, You shall be contracting with Applix Studio LLP, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with CarInfo Store.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "CarInfo Store","We","Us","Our" shall mean AppflixStudio LLP.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by CarInfo Store Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to: immediately notify CarInfo Store of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
2. Services Offered:
CarInfo Store provides a service to purchase automobile products and accessories (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re- shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and CarInfo Store assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and CarInfo Store assumes no liability with respect to the return or refund for the said re- shipped product.
CarInfo Store does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform
shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit,
update or share any information which:
a) belongs to another person and to which You do not have any
right to
b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling,
or otherwise unlawful in any manner whatever
c) is misleading in any way
d) involves the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming"
e) infringes upon or violates any third party's rights including,
but not limited to, intellectual property rights, rights of
privacy (including without limitation unauthorized disclosure of a
person's name, email address, physical address or phone number) or
rights of publicity
f) contains restricted or password-only access pages, or hidden
pages or images (those not linked to or from another accessible
page)
g) provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses
h) contains video, photographs, or images of another person
(with a minor or an adult).
i) tries to gain unauthorized access or exceeds the scope of
authorized access to the Platform or to profiles, blogs,
communities, account information, bulletins, friend request, or
other areas of the Platform or solicits passwords or personal
identifying information for commercial or unlawful purposes from
other users
j) violates any law for the time being in force
k) shall not be false, inaccurate or misleading
l) shall not create liability for Us or cause Us to lose
(in whole or in part) the services of Our internet service
provider ("ISPs") or other suppliers
A User may be considered fraudulent or loss to business due to
fraudulent activity if any of the following scenarios are met:
a) Misuse of another Users's phone/email
b) Users uses invalid address, email and phone no.
c) Overuse of a voucher code
d) Use of a special voucher not tagged to the email ID used.
e) Users returns the wrong product
f) Users refuses to pay for an order
g) Users involved in the snatch and run of any order
h) Miscellaneous activities conducted with the sole
intention to cause loss to business
i) User with excessive returns
j) Repeated request for monetary compensation for fake/used order
CarInfo Store may cancel any order that classify as 'Bulk
Orders'/'Fraud orders' under certain criteria at any stage of the
product delivery. An order can be classified as 'Bulk
Order'/'Fraud Order' if it meets with the below mentioned
criteria, and any additional criteria as defined by CarInfo Store:
a) Products ordered are not for self-consumption but for
commercial resale
b) Multiple orders placed for same product at the same address,
depending on the product category.
c) Bulk quantity of the same product ordered <br /> d) Invalid
address given in order details
e) Any malpractice used to place the order
f) Any promotional voucher used for placing the 'Bulk Order' may
not be refunded
g) Any order paced using a technological
glitch/loophole.
You shall not use the Platform for any unlawful and fraudulent
purposes, which may cause annoyance and inconvenience and abuses
any policy and rules of the company and interrupt or causes to
interrupt, damages the use by other Users of CarInfo Store.
You shall not attempt to gain unauthorized access to any portion
or feature of the Platform, or any other systems or networks
connected to the Platform or to any server, computer, network, or
to any of the services offered on or through the Platform, by
hacking, password "mining" or any other illegitimate means.
You shall at all times ensure full compliance with the
applicable provisions of the Information Technology Act, 2000 and
rules thereunder as applicable and as amended from time to time
and also all applicable Domestic laws, rules and regulations
(including the provisions of any applicable Exchange Control Laws
or Regulations in Force) and International Laws, Foreign Exchange
Laws, Statutes, Ordinances and Regulations (including, but not
limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of Our
service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage
in any transaction in an item or service, which is prohibited by
the provisions of any applicable law including exchange control
laws or regulations for the time being in force.
4. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and CarInfo Store has no control over such third party user generated content as CarInfo Store is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.
5. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, CarInfo Store does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
6. E-Platform for Communication:
You agree, understand and acknowledge that CarInfo Store is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that CarInfo Store is only a facilitator and is not and cannot be a party to or control in any manner any transactions on CarInfo Store.
7. Indemnity:
You shall indemnify and hold harmless CarInfo Store, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
8. Trademark, Copyright and Restriction:
Platform is controlled and operated by CarInfo Store and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on CarInfo Store is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
9. Limitation of Liability:
In no event shall CarInfo Store be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: the use or the inability to use the Services or Products unauthorized access to or alteration of the user's transmissions or data breach of condition, representations or warranties by the manufacturer of the Products any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. CarInfo Store shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform.
10. Termination:
CarInfo Store may suspend or terminate your use of the Platform or any Service if it believes, in it sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until we choose to terminate them.
If You or CarInfo Store terminates your use of the Platform or any Service, CarInfo Store may delete any content or other materials relating to your use of the Service and CarInfo Store will have no liability to you or any third party for doing so. However, your transactions details may be preserved by CarInfo Store for purposes of tax or regulatory compliance. CarInfo Store may unilaterally terminate Your account on any event as mentioned in the Terms Of Use under the point no. 4. User Conduct and Rules on the Platform. If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead CarInfo Store by sharing multiple address and phone numbers or transacting with malafide intentions then CarInfo Store reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
11. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. CarInfo Store make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
12. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Delhi. The place of jurisdiction shall be exclusively in Delhi.
13. Disclaimer
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through CarInfo Store. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with CarInfo Store nor shall CarInfo Store have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to CarInfo Store within 5 days from the alleged date of delivery of product reflecting on the CarInfo Store portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. CarInfo Store disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the portal.
14. Convenience Fee
Subject to the Terms of Use and the below terms and conditions, CarInfo Store may levy a convenience fee on orders on the Platform, and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”
1.The Convenience Fee shall be specified on the shopping cart page on the Platform.
2. The Convenience Fee shall be charged on the overall order value.
3. We reserve the right to modify/waive off the Convenience Fee from time to time.
4. The Convenience Fee shall be quoted in Indian Rupees.
5. To protect the rights of customers, We reserve the right to collect Convenience Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.
16. Grievances
Customer Support: You can reach our customer support team to address any of your queries or complaints by email: hello@carinfostore.com.
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