TERMS AND CONDITIONS
Hitech Motors at its sole discretion may change the terms, conditions and operation of its Website/ Mobile App (“Platform”) at any time. By using the services of the Platform, the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against Hitech Motors.
The content available through the Platform is the sole property of HITECH GROUP or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, HITECH GROUP-owned content received through the Platform may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by HITECH GROUP advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Platform to anyone, including but not limited to others in the same company or organization without HITECH GROUP’s express prior written consent.
HITECH GROUP reserves the right to change the terms, conditions and notices under which this Platform is offered. You are responsible for regularly reviewing these terms and conditions.
HITECH GROUP takes reasonable steps to ensure security of the Platform but HITECH GROUP does not warrant that this Platform or any e-mail sent from us, is or will be free of any virus or other harmful components, and we don’t not make any representations or warranties of any regarding the consequences of downloading any software, information, or materials from the Platform. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of the Platform.
HITECH GROUP and its advertisers, suppliers and licensors provide the Platform and its services on an “as is where is” basis and without any warranty or condition, express or implied. HITECH GROUP and its advertisers, suppliers and licensors specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and warranty of non-infringement. The dimensions/ capacities of vehicles mentioned on the Platform are indicative only, and the same may differ in the actual vehicles. Please get in touch with your nearest authorized dealer for the exact dimensions/ capacities of the vehicles.
Without limiting the foregoing, HITECH GROUP shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of the use of this Platform or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby specifically waive and give up, unconditionally and absolutely, any claims that these exclusions deprive you of an adequate remedy.
You acknowledge that HITECH GROUP may form partnerships or alliances with some of its vendors from time to time in order to facilitate the provision of services to you on its Platform. However, you acknowledge and agree that at no time is HITECH GROUP making any representation or warranty regarding any third party’s services, nor will HITECH GROUP be liable to you or any third party for any claims arising from or in connection with such third party services. You hereby disclaim and waive any rights and claims you may have against HITECH GROUP with respect to any third-party services, whether available on the Platform or otherwise, to the maximum extent permitted by law.
Use of the Platform is restricted to only those persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors and un-discharged insolvents are not eligible to use the Platform. If you are a minor i.e. under the age of eighteen years, you shall not register on the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents through the Platform. We reserve the right to terminate your membership and/ or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 years.
On your continuous compliance with and to be bound by the Terms and Conditions, we here by grant a limited, non-exclusive, non-transferable, non-assignable access to use the Platform (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access the Platform for the purpose of booking the vehicles directly with the Dealers.
However, you shall not download (other than page caching) or modify it, or any portion of it, except with the express written consent of Hitech Group. (“HITECH GROUP”) and/ or its affiliates, as may be applicable. This also does not entitle you to resale or commercial use of this Platform or its contents; listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
You understand, acknowledge and unconditionally agree that:
You understand that the Platform is an online platform that aggregates information in relation to the vehicles listed on the Platform at the ex-showroom price indicated therein at any time from any location.
You understand that HITECH GROUP has a relationship with its authorized Dealers on Principal to Principal basis, meaning there that there is no agency between the two. Hence, neither party shall be accountable/ responsible for any act/ omission of the other party in any circumstance whatsoever.
You agree that HITECH GROUP is only a facilitator providing you the Platform to book the vehicles directly from Dealers, and has no control over your transaction with the Dealer.
You understand that the payments towards booking of the vehicle are made by you directly to the concerned Dealer, without any recourse to HITECH GROUP. Hence, HITECH GROUP cannot be held accountable/ responsible for the said booking amount in future.
After booking the vehicle on the Platform, you will be required to get in touch with the concerned Dealer and proceed further with purchasing the vehicle by making remaining payments directly to the Dealer.
You acknowledge that HITECH GROUP is nowhere involved into the transaction between you and the Dealer as regards the booking of test drive and/ or purchase of the vehicle, and HITECH GROUP cannot be held responsible for your transactions with the Dealer merely for the reason of Platform been provided by HITECH GROUP. The contract of booking of the vehicle on the Platform shall be strictly a bipartite contract only between you and the Dealer.
You acknowledge that while placing an order for booking the vehicle on the Platform, you will find a link to a banking partner of the Dealer. After clicking on the said link you will be directed to the bank’s online payment gateway. Thereupon, you will enter into appropriate agreements with the concerned bank to affect your payments to be made directly to the concerned Dealer for the vehicle booked. Hence, the entire transaction will be without any recourse to HITECH GROUP. HITECH GROUP does not receive any payment from you for the vehicle booked by you with the Dealer on the Platform. HITECH GROUP is not in any manner liable for the transaction effected between you and the bank.
You understand that the vehicle booking request made by you on the Platform is an offer from you made to the Dealer. You will receive an e-mail/ SMS confirming receipt of your vehicle booking request and containing the details thereof. The said e-mail/ SMS is merely an acknowledgement that the Dealer has received your offer, and does not confirm acceptance of your offer by the Dealer. Subsequently, the Dealer will contact you to take the process forward.
You understand that you are responsible for all electronic communications and content sent from you to us and you must use the Platform for lawful purposes only. You may post reviews, comments and other content, and send communications; and submit suggestions, ideas, comments, questions, or other information.
You shall at all times comply with all applicable laws, rules and regulations, and you shall not allow ‘any other party to use the Platform for or in connection with any illegal purpose or activity. The Platform is intended to be used in India.
You shall compensate and indemnify HITECH GROUP in respect of any damages suffered by us, our respective employees, officers and directors and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively ‘the Claims’) from any third party in relation to any matters arising out of/ or in any connection with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you.
Use of the Platform is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Service. You shall only use the Platform, when it is safe to do so. HITECH GROUP shall not accept any responsibility for your failure to comply with safety regulations.
In event that, you fail to comply with the Terms and Conditions, all rights granted to you in relation to the Platform shall immediately come to an end and you shall immediately discontinue the usage of Platform all the related to the Platform. HITECH GROUP, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall not be responsible in any way, in case you continue to use of the Platform.
You shall not:
Alter, modify, adapt or translate the whole or any part of the Platform, or any other computer software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Platform, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Platform, or any component of the Platform, in whole or in part.
Reproduce, duplicate, copy, sale, resale, visit, distribute or otherwise exploit the Platform for any commercial purpose without express written consent of HITECH GROUP and/ or its affiliates, as may be applicable.
Frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HITECH GROUP and its affiliates without our express written consent.
Use any meta tags or any other “hidden text” utilizing HITECH GROUP’s or its affiliates’ names or trademarks without the express written consent of HITECH GROUP and/ or its affiliates, as applicable.
Use any HITECH GROUP logo or other proprietary graphic or trademark as part of the link without express written consent of HITECH GROUP and/ or its affiliates, as may be applicable.
Use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way.
Merge or incorporate the Platform or any component thereof into any other programs or create derivative works based on any component of the Platform.
Use the Platform in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Platform or any part thereof.
License, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Service in any form or by any means, or otherwise transfer, assign, manipulate or grant any rights of use or any other rights in respect of the Platform or the Service, or any part thereof, or information contained therein, to any other party.
Copy the Platform or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Platform or the Service whatsoever.
Remove, tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Platform or the Service.
Use or permit any other person to use the Platform or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person or property.
Use or permit any other person to use the Platform in any unlawful manner for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data into the Application or Service.
Infringe HITECH GROUP’s intellectual property rights or those of any third party in relation to your use of the Platform or Service (to the extent that such use is not licensed by these Terms and Conditions).
Cause damage, disable, overburden, impair to any of the websites, servers, systems or equipment used by HITECH GROUP , and you shall not access or attempt to access any user data or to penetrate any of the security measures relating to the Services; and will in all cases indemnify and hold harmless HITECH GROUP, its employees, its directors, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers from any and all claims in respect thereof.
Use the Platform for any of the following:
(a.) For fraudulent purposes, or in connection with a criminal offense or other unlawful activity,
(b.) To host, display, upload, modify, send, use or reuse any material that
(i.) does not belong to you; or
(ii.) is illegal (or promotes illegal activity), offensive (including but not limited to material that is sexually explicit content; or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or
(iii.) Relates to or promotes money laundering or gambling; or
(iv.) is harmful to minors in any way; or impersonates another person; or
(v.) provides instructional information about illegal activities; or
(vi.) Threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or
(vii.) Objectionable or otherwise unlawful in any manner whatsoever; or
(viii.) Which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spamming”; or
(ix.) 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; or
(x.) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes related to the Platform.
(xi.) 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.
(xii.) HITECH GROUP reserves its rights to initiate appropriate legal action in case of any unauthorized activities as mentioned above.
- Cancellation policy for vehicle booking
The Platform does not support the cancellation of booking and/ or refund of the booking amount. The Dealers available at the Platform accept the request of vehicle booking directly and without any involvement of HITECH GROUP. Hence, the cancellation requests for vehicle bookings will have to be raised with the concerned Dealers only. You cannot have any recourse to HITECH GROUP in case of claims regarding the cancellation of vehicle bookings. You agree that the Platform is only for the purpose of booking the purchase of vehicle, and not for the cancellation of booking. Hence, if you wish to cancel the booking of the vehicle, the same may be done only after making a physical request with the concerned Dealer. The refund of booking amount, if any, shall be payable to you by the concerned dealer directly.
- Pricing and Availability of the vehicles
The price of the vehicles as listed on the Platform is ex-showroom. The discounts, if any, may be negotiated by you separately with the concerned Dealer. You understand that the booking of vehicle is not a guarantee for you to purchase the vehicle and get the delivery thereof. The availability of the vehicles has to be ensured by the respective Dealer only. HITECH GROUP does not guarantee the availability of the vehicles.
- Claims against the contents posted by HITECH GROUP
The Platform operates on a “notice and takedown” basis against objectionable content. If you believe that any content on the Platform is objectionable under Section (6) above, please notify us immediately. HITECH GROUP reserves its right to reply to you in the matter or take appropriate action. The decision of HITECH GROUP shall be final and binding.
- Copyright and other Proprietary Rights
All contents included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HITECH GROUP, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this Platform is the exclusive property of HITECH GROUP and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Platform is the property of HITECH GROUP, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
You may not extract/ or re-utilize parts of the contents of the Platform without HITECH GROUP and / or its affiliates’ (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Platform, without HITECH GROUP and/ or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial parts of this Platform without HITECH GROUP and/ or its affiliates’ (as may be applicable) express written consent.
HITECH GROUP trademarks shall mean and include all trademarks, whether registered or applied by HITECH GROUP, in India and/or other jurisdictions. Hitech Group Limited’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of HITECH GROUP. HITECH GROUP’s trademarks and trade dress may not be used in connection with any service that is not HITECH GROUP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HITECH GROUP. All other trademarks not owned by HITECH GROUP that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HITECH GROUP.
You shall be responsible for payment of all fees/ costs/ charges associated with the services on the Platform and you agree to bear all applicable taxes, cesses etc. levied thereon. You are responsible to ensure that (if applicable) you are registered under applicable taxation laws and will update your correct tax registration details on the Platform. We will not be liable in case tax credits are denied to you under taxation laws due to reasons attributable to you. You hereby acknowledge and agree that we shall not revise Invoices. Further, you agree to indemnify and hold harmless us for all losses, liability incurred by us on account of your action or inaction in compliance with the applicable laws.
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 the Platform. We shall neither be liable nor responsible for any actions or inactions of Dealers nor any breach of conditions, representations or warranties by the Dealers nor hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Dealers.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the pricing information and/or specifications on the Platform. While we have taken precautions to avoid inaccuracies in content, this Platform, all content, information, software, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of anything through the Platform. At no time shall any right, title or interest in anything sold through or displayed on the Platform vest with Hitech Group Limited, nor shall Hitech Group Limited have any obligations or liabilities in respect of any transactions on the Platform.
- Indemnity and Release
You shall indemnify and hold harmless HITECH GROUP, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release HITECH GROUP and/ or its affiliates and/ or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/ inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
While placing an order through the Platform, you will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by way of push notifications on the Platform or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us and/or the Dealers with respect to your use of the Platform and/ or your order placed on the Platform.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.
- Events beyond our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. We shall also not be responsible for any downtime or if the platform is not functioning or if you are unable to access the platform for any reasons whatsoever. This condition does not affect your statutory rights.
Unless otherwise specified, the services on the Platform are solely for India.
- Applicable Law
The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
- Amendment to Terms
We reserve the right to make changes to our Platform, policies, and these Terms at any time. You will be subject to the policies and Terms in force at the time that you use the Platform, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. HITECH GROUP reserves the right to revoke/cancel your registration if you commit a breach of these terms and conditions or any applicable law, without assigning any reason whatsoever or any notice whatsoever, at the sole discretion, without any liability at any point of time.