Terms of Use
Our policies for legal reference
PART A – General Terms To Use Platform
1. General Terms:
- Biddrx Tech India Private Limited (the “Company”, “We”, “Us” or “Our”) operates a website i.e. https://www.biddrx.com that allows users to sell and buy pre-owned cars
- By using this Website, you accept the following Terms & Conditions.
- These Terms constitute a binding and enforceable legal contract between the Company and the user of the website (“you, your or user”). When using this Website, You may be subject to other posted terms and guidelines applicable to certain services available on this Website. All terms and guidelines on this Website, including our Privacy Policy, are part of these Terms & Conditions. Unless explicitly stated otherwise, any features or services available at any time on this Website are subject to these Terms & Conditions. Accessing this Website in any manner, even though automated means, constitutes your use of the Website and your agreement to be bound by these Terms & Conditions. Biddrx.com may change the Terms & Conditions from time to time. Your continued use of this Website after the posted effective date constitutes your agreement to be bound by these Terms & conditions as modified, except those modifications do not apply to any dispute arising prior to their effective date
2. Scope of Services:
- The Company is a private limited company incorporated under the Companies Act, 2013 and is engaged in the business of trading in pre-owned vehicle(s) and providing services incidental and ancillary thereto.
- The Website is owned and managed by the Company. Company will provide participants means to advertise their vehicle on the site (sellers) and will display said vehicle for an agreed amount of time to internet visitors (buyers). We hereby clarify that the Services mentioned on the Website are subject to availability. The online valuations of a vehicle provided by the Company are only prima facie quotations arrived based on the information provided by you and are subject to change on further inspection of the vehicle. The Company reserves the right to modify, amend and/or alter the said Service(s) based on its sole discretion and no such Services shall be deemed to be any offer or acceptance by the Company unless the same are accepted by the Company separately in writing through its authorized representatives. For specific price information, terms applicable, program and product information, please contact at +91-9558656923 or e-mail us at support@biddrx.com.
3. Buying and Selling Vehicles:
- Biddrx.com is a vehicle listing and information service that brings together buyers and sellers via the Internet. Information about a particular vehicle is supplied by the seller. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- Though We hope that all who come to Biddrx.com will act honourably and treat each other fairly. When using this website to find a buyer for your vehicle or a vehicle to purchase, we urge You to use the same common sense and good judgment You would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
- Before purchasing a vehicle or any other goods or services You have read about on Biddrx.com, You should confirm with the seller any information, including the price, location, documentation that is important to your purchasing decision. Biddrx.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or restricted on Biddrx.com.
- It is not permitted to submit a lead or to enquire against a used car listing on Biddrx.com for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on Biddrx.com by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, brokering, match-making with other buyers, or purchase for resale.
- The Website allows you to book an appointment for the Company or its representatives to conduct a home inspection or a self-inspection by calling a representative of the Company. The actual sale price of the vehicle can only be evaluated and represented on website after a physical inspection of the vehicle by authorized evaluators of the Company. The Company always carries out a physical inspection of the vehicle before it conveys the intent to proceed with further transaction for arriving at a final sale price. Physical inspection of the vehicle involves a thorough inspection of the vehicle including all working components and features and which shall be the critical factors to arrive at a listing of the vehicle, which may be offered by the Company accordingly (collectively, “Services”). Please note that ‘Services’ would include any other future services we may provide or propose to provide. You shall also be required to provide further details including the details of the Vehicle at the time of physical inspection of the Vehicle.
4. Listing Your Vehicle:
- To avail the Services, you would be required to create a profile/sign-up on the Website (“Profile”) using your email ID and phone number, among other details. You warrant that all information furnished in connection with your Profile is and shall remain accurate and true in all respects. You further agree and undertake to promptly update your details on the Website in the event of any change or modification of such details.
- You are solely responsible for maintaining the security and confidentiality of your username and password.
- You expressly agree to be liable and accountable for all activities that take place through your Profile in furtherance of the use of the Website or the Service provided or otherwise. The Company expressly excludes any liability for any unauthorised access to your Profile.
- You agree to receive communications from the Company regarding: (i) information relating to transactions recorded on the Website; (ii) requests for payment; (iii) information about the Company and the Services; (iv) promotional offers and services from the Company and its third party partners, and (v) any other matter in relation to the Services.
- Company offers several options for sellers to sell their car. For You to offer a vehicle for sale through our website; You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on Biddrx.com, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit Company to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on Biddrx.com, nor may You use our Website to promote, without our prior written permission, any other Website, product, or service.
- In connection with our efforts to combat Internet fraud, every listing shall be screened before being posted publicly. This process may delay the publication of your listing. By using our Website, You agree to cooperate in quality assurance test. If our tests reveal, or We, otherwise learn, that a seller may be violating the terms of this Visitor Agreement, We reserve the right to deny that seller use of services offered on our Website and any affiliated Websites and remove that sellers listings from each site.
- By listing a vehicle for sale on this Website, You agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
- You are solely responsible for maintaining the security and confidentiality of your username and password.
5. Listing Your Vehicle:
- You are solely responsible for maintaining the security and confidentiality of your username and password.
6. Content Requirements & Responsibility of Advertisements:
- Users are allowed to advertise only for the sale of Passengers vehicles. Any other advertisements are not allowed and will be removed. Users are obliged to submit correct and full information about their vehicle. Company is not responsible for any damage arising from placement of false information. Users allow Company or Company representative to take car photos for advertisements. These photos have to be representative of the vehicle at sale and infringe on the intellectual property rights of third parties.
- The wordings of the advertisements should be in accordance with all laws and regulations of India. Company denies all warranty and liability for the compliance of advertisements with statutory provisions and their accuracy. Company expressly denies warranty and liability in case a transaction resulting from the advertisement does not take place, due to whatever reason.
7. User Content:
- When publishing anything to our site or using any social medial tools or interactive features, You agree that You will not post or transmit:
- Any copyrighted material unless You own or control the copyright in and to such material. Material that is knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented,invasive of a persons privacy or is otherwise objectionable or in violation of any applicable law, rule, or regulation. Material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights. Profanity in subject lines, messages, or signatures.
- Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component: Material that breaches anothers privacy, i.e. containing phone numbers, addresses, or other personal information. Spam, including, but not limited to junk mails, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted.
- Material that contains advertisements or commercial solicitations: or Material discussing illegal activities or linking to Websites that deals with such activities.
- You further agree that You will not attempt or do any of the following:
- Interfere with or disrupt the Company Website or our computer systems, servers, or networks; Attempt to again unauthorized access to any part of the Website, to accounts that belongs to other users, or to computer systems or network connected to the Website: Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise: Collect information about others without their consent: Interfere with the use of our Website by any other individual or party: Impersonate any person, or otherwise attempt to mislead others about your identity or post material under secondary user names or other aliases: or Share any username and/ or password You have on our Website with any other persons.
- Without limiting any of Companys other rights or remedies, a violation of any of the above may result in the removal of any content You have transmitted or posted, revocation of any accounts You have on Biddrx.com or on our affiliated Websites and services, and/or a ban from creating new accounts.
- Company reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content, or other posting that come to our attention that We consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who We believe has violated these terms or any other terms of this Terms & Conditions. We will not, in the ordinary course of the business, review the content of private electronic messages that are not addressed to us. However, We may occasionally monitor such communications as We believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Terms & Conditions, or to protect the rights, property, or safety of visitors to our Website, our advertisers, the public, us or our affiliates.
- You agree that the Company and any third-party service providers it engages, may, in accordance with its privacy policy, collect and use your information and technical data and related information.
- The Company may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Website and transfer the same to its group companies and service providers in furtherance of your access to these Services. You provide your consent to such use and sharing of your information.
- Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
8. Other Content:
- Company makes best efforts to ensure the content on the site is accurate. However Company is not responsible or liable for any loss or damage incurred as a result of the use of this content.
9. Indemnification:
- The user releases Company from all third party claims against Biddrx.com in such circumstances that the users advertisement violates the rights of this third party, or by any other use of the Website. The user also agrees to assume any necessary costs, including but not limited to, legal and court fees necessary to protect the rights of Biddrx.com.
10. Deletion of Advertisements:
- To preserve a representive and current database, Biddrx.com database must be as correct as possible. Users are required to change their vehicle advertisements to “Not Available” as soon as their vehicle is no longer for sale. Biddrx.com expressly reserves the right to change advertisements status to “Not Available” when the vehicle can no longer be assumed to be for sale.
11. Vehicle Search and System Integrity:
- Vehicles in Biddrx database may be searched for only via the search functions offered on the site.Users may not interfere with the Websites proprietary contents and coding. Attempts to influence the contents of other parties advertisements are also forbidden. Any such attempts will be prosecuted in all vigor.
12. Warranty:
- Under circumstances of force majeure, such as lawsuits, failure in communication technologies, natural disasters, and other such occurrences, Biddrx.com will be released of its obligations to perform. No claims can be made to Biddrx under such circumstances.
13. Termination:
- You agree that We may, under some circumstances and without prior notice to You, terminate your use of and access to any of the parts of our Website to which We restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and You agree that We will not be liable for any termination of your use of or access to the Website or any part of the Website.
14. Copyright and Usage Rights:
- Any and all data, information, company logos, texts, programs and images of advertisements placed on the Biddrx.com Website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted.
- The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided the services and acknowledge that use of such Third-Party Services is solely at your own risk.
- The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including the accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
15. Severability Clause:
- In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legal effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to omissions in these terms and conditions.
16. Applicable law and court:
- These terms and conditions are governed by the laws of India and Uttar Pradesh. In case of any dispute, the courts of Saharanpur shall have jurisdiction. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Uttar Pradesh in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English.
- The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
17. Disclaimer of Warranties, Limitation of Liability, and Indemnification:
- The use of the Services is at your sole risk.
- To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The Company does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
- To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
- Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
- You shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your use of the Website or the Services provided, including any violation of these Terms or any infringement by you of any third party right or on account of any third party who may use your account with the Company.
- The Company does not hold any liability for any occurrence of any mishap arising from your usage of our Services resulting in any financial, material or human damage. You understand and agree that Company shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Company had been advised of the possibility of such damages), resulting from or relating to the Websites or Mobile application, whether based on warranty, contract, tort, or any other legal theory.
- Notwithstanding anything to the contrary contained herein or elsewhere, Company’s total liability for any user’s claim which may arise out of availing our services through browsing websites/mobile app or elsewhere shall be limited up to the fees paid by such user at the time of availing the Services giving rise to such claim.
- All claims/complaints arising from and in connection with the use of our Services shall be promptly submitted or reported to the Company and or/ its Partners within thirty (30) days of the consumption of such Services. Any claim or complaint that is submitted / reported after the expiry of such 30 days may be rejected, and the claimant will forfeit the right to claim any damage, cost or compensation.
18. Miscellaneous:
- Modification - The Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
- Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
- Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
19. Fees / Charges:
- The Company reserves the right to charge commission for the Services and non-payment may result in denial of Services and/or action under applicable law.
20. Refund / Cancellation:
- Biddrx does not take any responsibility in return and/or replacement of any item bought on Biddrx platform. The return and/or replacement decision strictly lies between a buyer and a seller.
- Biddrx is responsible only for refunding the Test Drive Booking Amount paid by the buyer if the transaction is not complete and the buyer requests the refund. Biddrx will not refund Token Money paid after Test Drive if Buyer requests to cancel the transaction. The return or refund for the Final Value Payment (Selling Price minus Token Amount) of the vehicle is not Biddrx responsibility. The buyer is responsible to inspect the vehicle in test drives and documents to his satisfaction before taking delivery of the vehicle.
