The term “We”/ “Us” / “Our” used in this document refer to TractorKarvan and "You" / "Your" / "Yourself" refer to the users, who visit or access or use or avail any service or product (collectively “usage”) on or through website/mobile site/App (individually and collectively, “Website”).
You acknowledge and agree that Your usage (defined below) of the Website is strictly regulated and governed by the terms and conditions of this Agreement by accepting by the said Terms and Conditions.
We uses third-party service providers to assist us in improving our Services and Website and to monitor our Users’ interests and activities. You hereby authorize us and/or third-party service providers engaged by us to collect, use, store, analyze, reproduce, publish, and adapt either on its own or through a third-party service provider the information in relation to Your use of the Website for the purpose of data analysis and for improving Your experience on the Website. You acknowledge that this is solely undertaken by us to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of us and/or third-party service providers.
We shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.
Service available through or use of the Website is available only to persons of majority and who can legally be component to form a contract under the Indian Contract Act, 1872, or any other act or enactments to which the person is subject according to provisions of India.
We collect Your information during your usage of the Website or when you avail of any of our services or products available on the Website, either as a registered user or otherwise. The information collected may consists of:
Your Information will mostly be stored in electronic form however certain data may be stored in physical form. We may store, collect, use and process Your Information in countries other than the Republic of India subject to compliance under applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process Your Information collected by us or other third-party services and such third parties may have their own security measures to safeguard Your Information.
TractorKarvan collects Your Information solely for the purpose of providing you the product or service that is connected with the function or activity of the TractorKarvan which includes but not limited to the following (“Purpose”):
This Website, including a mobile application, is an online marketplace and an Intermediary in terms of the Information Technology Act, 2000 and as amended from time to time, which provides a platform for users to avail of the Services. Any information provided either through or at the Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation, or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. TractorKarvan is not responsible and cannot be held liable for any transaction between the Website’s User.
By accessing, browsing, and using this Website or availing Services, you agree and acknowledge that you understand this limited and restricted use of accessing, browsing, or using this Website by availing any Services is out of your own free will, discretion, and responsibility.
We reserve the right to modify, suspend, cancel, or discontinue any or all sections, or Services at any time without any notice. We reserve the right to modify and alter the information on the Website without notice. You agree that TractorKarvan shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
TractorKarvan provides a platform to the Users of the Website and acts as an Intermediary. All information and material available on the Website are only to assist the User of the Website who are interested in the Services provided by TractorKarvan and who wants to explore more options before concluding their transactions. Among other services and information, TractorKarvan may provide any or all the below-listed services to the Users:
All the above-listed services are provided at the sole discretion of TractorKarvan, and You acknowledge and agree that TractorKarvan can add or provide additional services not listed above or can remove/suspend/cancel any or all services/products, listed above without any notice or liability.
“Content/s” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents, or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, e-cards, or any other information furnished by a user to be displayed on the Website by TractorKarvan.
"Feature/s” may include any interactive, value addition service or other additional feature including without limitation comparison, 360-degree view, etc. which are introduced or available on the Website.
TractorKarvan may allow the User of the Website to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback, or any other material of combination thereof collectively referred to as "User Content" accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This feature is available to You as a matter of convenience only and to express Your views on products/services available through or at the Website.
Being the originator of the User Content, you are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law for time being in force in India. You acknowledge and agree that the User Content posted or transmitted through our website represents the views of the author, and not of TractorKarvan. You also acknowledge that you place reliance on such content at your own risk.
You acknowledge that TractorKarvan does not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then TractorKarvan at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
User may access the Website or other information and material as available on the Website, as guest users, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information are available on Website for all users called ‘guest users’ who do not need to register or create any account on Website. However, services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/creates an account on the Website or provides certain personally identifiable information.
To avail the certain features, not available for Guest User, you need to register/create an account by providing certain details e.g. Your name, contact details, phone number, email id etc. (also known as “Your Information”). Once You register with Website and provide Your Information and complete the process of registration, TractorKarvan set up an account by providing login id and password (“Your Account”) which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, TractorKarvan recognizes You as a registered user (Registered User) and You can log in into Your Account and avail the Services and access to other features and information not available to guest users.
If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
You agree that when You provided Your Information while registering/creating Your Account with Us, you shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user’s account. TractorKarvan has a right to suspend/delete Your Account or can limit/deny the access to the Website or Services, any time if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.
Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement according to legal provisions applicable to India, TractorKarvan grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website.
You acknowledge, agree and undertake that the Your use of the Website shall be strictly governed by this Agreement including Term of Use and the following binding principles:
You shall not use or access the Website or avail the Services by any means other than through the interface that is provided by TractorKarvan.
When You use the Website or Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:
TRACTORKARVAN at all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on the Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of TRACTORKARVAN, TRACTORKARVAN determines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then TRACTORKARVAN may either remove or edit or block such material without any notice.
Though TRACTORKARVAN does not pre-screen the User Content, TRACTORKARVAN and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.
Notwithstanding the above-said right, you acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not TRACTORKARVAN, is entirely responsible for all User Content that you have provided TRACTORKARVAN with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledge and agree that this User Content does not necessarily reflect the views of TRACTORKARVAN nor does TRACTORKARVAN endorse any such User Content.
Further to this, it is informed that TRACTORKARVAN may share the information pertaining to such instance (with or without demand) with the Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore, it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, or regulation or breach the terms and conditions of this Agreement.
Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. TRACTORKARVAN does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, and fitness for a particular purpose.
You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not TRACTORKARVAN, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.
TRACTORKARVAN may from time to time, launch certain offers/coupons/deals known as “Scheme/s” for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
It is clarified that any Scheme provided by the TRACTORKARVAN, unless otherwise provided, shall not be clubbed or combined with any other scheme available on the Website. Further to this, TRACTORKARVAN, depending upon the different circumstances, may suspend/cancel/vary the Scheme without any notice.
When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and TRACTORKARVAN shall not be responsible for any consequences (including without limitation delay in delivery of the product, cancellation of transaction, incomplete or improper documentation) whatsoever.
If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. TRACTORKARVAN is not and shall not be obliged to provide any such additional services. TRACTORKARVAN only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.
TRACTORKARVAN strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by TRACTORKARVAN and/or Seller. Please be aware that even if you do not give TRACTORKARVAN, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
You may list or provide the details of Tractors and Implements (used/new) for selling to the prospective buyers as a Registered User of the Website.
You must be legally able to sell the Tractor and Implement(s) you list for sale on Our Website. Listings may only include text descriptions, graphics and pictures that describe your Tractor and Implement proposed for sale. All listed Tractors and Implements must be listed in an appropriate category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the Tractor and Implement listing or elsewhere on the Website is expressly prohibited and would be considered as a breach of this Agreement. All listed Tractors and Implements must be kept in stock for successful fulfilment of sales.
The listing description of the Tractor and Implement must not be misleading and must describe actual condition of the product. If the Tractor and Implement description does not match the actual condition of the tractor or Implement, you hereby agree to refund any amounts that you may have received from the Buyer.
You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement. In any such case, TRACTORKARVAN may suspend Your Account or permanently debar you from accessing the Website.
As a Seller, you shall certify that all information provided by you against your listed Tractor and Implement is true.
Dealers must refrain from bribing/corrupting with any of the TRACTORKARVAN’s employees or customers for undue benefit. Any such action/s will lead to suspension of Account and termination of Services.
Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.
TRACTORKARVAN reserves its right to screen the listing of Tractors and Implements before publishing the same on the Website. This screening process is initiated from time to time to ensure the authenticity of the details posted by Seller. This screening may take some time and therefore listing of Seller Tractor or Implement may be delayed. If at any time, in sole discretion of the TRACTORKARVAN, TRACTORKARVAN determines that the particulars of the Tractor and Implement is misleading or not accurate, then TRACTORKARVAN may remove such listing from the Website and can further take appropriate actions against the Seller.
If You buy or sell any Tractor or Implement by participating in Auction either offline or online, you acknowledge and agree to be bound by the terms and conditions of Auction sale, as may be applicable. These Auction sale terms and conditions shall be in addition to the terms and conditions of this Agreement. To participate in Auction, TRACTORKARVAN may ask you to provide or execute some additional documents or may ask to deposit the security deposit.
a) Collection of User Information
The TRACTORKARVAN website will collect the following information:
Through to contact form on the website: TRACTORKARVAN collects and stores the information you provide when you send it to TRACTORKARVAN. When you send an email to any of the addresses indicated on our website: TRACTORKARVAN collects and stores the information you provide when you send it to TRACTORKARVAN.
We allow You to create an account and log in to use the Service through the Third-party Services. If You decide to register through or otherwise grant us access to a Third-Party Social Media service or any other third party Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Most of the Cookies used in this Service are so-called session Cookies. They are automatically deleted once You leave the Application or Website. On the other hand, persistent Cookies remain on Your Device until You delete them in Your browser. We use persistent Cookies to recognize You when You visit this Application or Website the next time.
If You want to control the Cookies installed on Your Device, You can modify Your browser settings so that it notifies You when the Application or Website wants to install a Cookie or You can block Cookies altogether. You can also delete Cookies that have already been installed on your Device. Refer to the 'Help' function within Your browser for more information on how to do these things.
Please note, however, that disabling Cookies might affect Your online experience and/or prevent You from taking full advantage of Our Service
You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third-party websites pursuant to co-branding agreements, and that it is the sole responsibility of each of those search engines, third-party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that TRACTORKARVAN is not liable for the information published in search results or by any third-party website that carries TRACTORKARVAN postings.
Our Website may contain, hyperlinks to websites operated by parties other than TractorKarvan or, third party information such as product, product description, catalogue, dealer’s details, news, videos and photographs and any other data made available by the third party also known as “Third Party Content”. The provisions of Third-Party Content are for general information purpose only.
TRACTORKARVAN makes reasonable efforts to ensure that the details provided on our Website is accurate, however, TRACTORKARVAN does not control such Third-Party Content and therefore shall not be responsible for any loss or damages resulting out of the use of Third-Party Content.
The inclusion of Third-Party Content to Our Websites does not imply TractorKarvan’s certification or endorsement of such websites nor any association with their operators. TRACTORKARVAN or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third-Party Content of such other services or sites to which links are provided. A link to another service or website is not an endorsement of any products or services on such site or the Website. You shall be solely responsible for any or all the consequences that arise out of your use of such Third-Party Content or hyperlinks to other websites.
Access to Website is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. However, TRACTORKARVAN, reserves the right, and may levy certain charge and fees in the future. You agree to pay any such fee as may be applicable to the Services or Product that You avail and those communicated to you by the TRACTORKARVAN.
Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
You shall be responsible for all Your Fee and Payment related obligations and TRACTORKARVAN reserves the right to suspend the Services/Account or terminate the membership in case You do not fulfil Your payment related obligations in full. We also reserve the right to take legal action in case of non-payment of fees.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
TRACTORKARVAN, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Website which includes banks, financial institution etc. You shall be responsible and abide by all rules/regulations/guidelines as issued and applicable to online payments.
When You make the payment through third party payment gateway, such third party process Your Payment to TRACTORKARVAN, provided You comply with all applicable rules and regulations. TRACTORKARVAN shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as TRACTORKARVAN does not control such third parties.
License and Website Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, TRACTORKARVAN grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website, subject to the following conditions:
The license shall not include:
You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Website to any other entity or individual.
No Contents or information on the Website may be reproduced in any form or incorporated into any internet website or any other information retrieval system, either electronic or mechanical as well as otherwise. It is a condition of use of this Website that you do not restrict or inhibit any other user from using this Website.
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TRACTORKARVAN and/or our affiliates without the express written consent of TRACTORKARVAN. You may not use any meta tags or any other "hidden text" utilizing TRACTORKARVAN’s name or trademarks without the express written consent of TRACTORKARVAN.
Any software that is available on the Website is the property of TRACTORKARVAN or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of TRACTORKARVAN.
Any unauthorized use would result in termination of the permission and the license granted by TRACTORKARVAN under this Agreement to you.
Modification: All information available on Website is made available to you on best efforts basis, however, TRACTORKARVAN does not guarantee nor assume any responsibility for the correctness of such information/data. TRACTORKARVAN reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information which includes but not limited to pricing, description and any other information etc. is found to be not up to date or incorrect, TRACTORKARVAN reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that TRACTORKARVAN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
All text, graphics, audio, design, and other works on the Website are the copyrighted works of TRACTORKARVAN or its licensors. Content on the Website is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained on the Website for any commercial purpose is a violation of the copyright of TractorKarvan and/or its affiliates or associates or of its third-party information providers.
The website may contain also contain certain trademarks, logos or service marks (“Marks”). These Marks are proprietary to the TRACTORKARVAN or its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the TRACTORKARVAN or its vendor or third party that own and control the Marks.
YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF WEBSITE OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT WEBSITE, NO RIGHT EITHER EMPRESS OR IMPLIED IS GRANTED TO YOU IN RESPECT OF SUCH CONTENT. TRACTORKARVAN RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.
You further acknowledge and agree that You shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Website, in any way without obtaining the prior permission from TRACTORKARVAN or its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.
It is clarified that any use of the Website, Content, Marks or other intellectual property rights of TRACTORKARVAN, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of TRACTORKARVAN or their respective third party, upon which TRACTORKARVAN or third party may initiate the appropriate legal proceedings against the User.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, TRACTORKARVAN owns all intellectual property rights to and into the trademark " TractorKarvan", and the Website, including and not limited, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions for which patents are pending, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO TRACTORKARVAN.
ALL CONTENT, USER CONTENT, THIRD PARTY CONTENT OR INFORMATION PERTAINING WEBSITE OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WHEN YOU ACCESS THE WEBSITE OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, TRACTORKARVAN AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, TRACTORKARVAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO WEBSITE, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS APPLICABLE TO INDIA FOR THE TIME BEING IN FORCE. TRACTORKARVAN ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.
ANY MATERIAL, CONTENTS, SOFTWARE OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL TRACTORKARVAN IS NOT LIABLE ON THE AUTHENTICITY OF SUCH DATA/INFORMATION.
WITHOUT PREJUDICE TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL TRACTORKARVAN BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS TO INDIA TRACTORKARVAN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE WEBSITE FROM OTHER THIRD-PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER TRACTORKARVAN NOR ANY THIRD-PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE WEBSITE TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE WEBSITE AS RECOMMENDED BY THIRD-PARTY SERVICE PROVIDERS.
Indemnity: You agree to indemnify, defend and hold harmless TRACTORKARVAN, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with
TRACTORKARVAN may notify You of any claims which You shall be liable to indemnify TRACTORKARVAN against. You will then be required to consult with TRACTORKARVAN regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of TRACTORKARVAN without the express prior written consent of TRACTORKARVAN which can be withheld or denied or conditioned by TRACTORKARVAN in its sole discretion.
Limitation of Liability: TRACTORKARVAN assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
Notwithstanding anything to contrary in the Agreement(s), in no event shall TRACTORKARVAN, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not TRACTORKARVAN has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services, Content, User Content or Third Party Content.
This Website is only a platform to facilitate the interaction between the Users of the Website and provided an opportunity to browse the products and Services and conclude the transactions. Hence, this Website works like an Intermediary only, who provides an online marketplace to its Users, in terms of Information Technology Act, 2000 and further as amended from time to time.
Therefore, TRACTORKARVAN is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
You release and indemnify TRACTORKARVAN and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TRACTORKARVAN cannot control the information provided by other Users which is made available on the Website. You may find another User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
In addition to this, and being an Intermediary, you acknowledge and agree that when You interact with TRACTORKARVAN through Website or send any data/email/message or communicate otherwise, you are communicating with TRACTORKARVAN through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.
Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the TRACTORKARVAN. TRACTORKARVAN advises its Users not to use/send any such email. Any such reported instance will be investigated and TRACTORKARVAN will take appropriate measures which may include taking legal steps, if required to stop such practices.
Your Feedback: When You share any feedback or post any comment including User Content on Website, it is deemed Non-Confidential. TRACTORKARVAN is at liberty to use any such feedback or User Content and You represent that:
You and TRACTORKARVAN each agree that any and all disputes or claims that have arisen, or may arise, between You and TRACTORKARVAN relating in any way to, or arising out of this or previous versions of the Agreement, or any other documents incorporated herein by way of reference or your use of or access to TRACTORKARVAN's Services, or any products or Services sold, offered, or purchased through TRACTORKARVAN's Services shall be referred to the sole arbitrator who shall be an independent and neutral third party and shall be appointed by TRACTORKARVAN.
The place of arbitration shall be Chennai, Tamil Nadu, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 and other applicable Indian laws which will be further as amended from time to time.
A party who intends to seek arbitration must first send to the other, through an appropriate channel, a completed form in of Notice of Dispute or referred as" Notice". The Notice to TRACTORKARVAN must be sent to the address identified under clause 21 (Miscellaneous).
Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email
On behalf of TRACTORKARVAN to:
Jayalakshmi Estates, Third Floor, 29 Haddows Road, Nungambakkam, Chennai – 600006
Email: [email protected]
Time: Monday to Friday (9:30 AM to 5:00 PM)
On behalf of User to
By email or by sending a notice to the address which has been provided by you at the time of Registration or communicating with TRACTORKARVAN or by general notification on the Website.
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. TRACTORKARVAN’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by TRACTORKARVAN to any third parties without the requirement of seeking Your prior consent. TRACTORKARVAN shall have right to transfer Your Account and Account Information to a third party who purchases TRACTORKARVAN’s business as conducted under the Website.
Severability: If any clause of this Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
Contacting You: By accessing Our Website and/or availing any service or product at or through Our Website, You give Your consent to Us as well as our associate partners which includes Dealers, financial institutions etc. to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 20 (Arbitration) above, all disputes arising under this Agreement between You and TRACTORKARVAN shall be subject to the exclusive jurisdiction of courts at Chennai Tamil Nadu