1. 1- Acceptance


    1-1 Sobek Auto India Private Limited, located at Ground Floor, Tower 3A, DLF Corporate Park, Gurgaon- 120002, Haryana (“Company”,“we”, “us”, “our”) provides services which facilitate the users of the website at www.cashmycar.olx.in and the mobile application (collectively to be referred as the “Platform”) to sell their Vehicles (“Vehicle”) in a convenient manner (collectively the “Services”). Your use of the Platform and the Services are subject to these Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any content on the Platform.
     
    1-2 By proceeding to use the Platform, you warrant that you are eligible to contract under applicable laws and you are authorised under law to the sell the Vehicle, the details of which you have provided on the Platform. If you are using or accessing the Platform as a representative of any person/entity, you acknowledge that you are legally authorised to represent such person/entity. You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
     
    1-3 These Terms may be updated by us at any time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with our Platform in any way, your only option is to immediately discontinue using the Platform.
      


  2. 2- Description of Platform and Services


    2-1 The Platform helps you in selling your used Vehicle in convenient and hassle-free manner. You can avail our Services by entering your contact information and the details of your Vehicle in the contact form available on our Platform’s homepage. Based on information provided by you, we will provide you a tentative instant valuation (“Instant Valuation”) of your Vehicle. Please note that this instant valuation of your Vehicle is just an indicative value based on the information provided by you in the contact form and the final value of the Vehicle is subject to physical inspection and valuation done through our dealer auction tool (“Auction Tool”).
     
    2-2 Upon receiving Instant Valuation of your Vehicle through our Platform, you may book an appointment for physical inspection of your Vehicle through our Platform or by calling on []. Depending on choice the physical inspection can either take place at our inspection centre close to you or you can schedule an inspection at the comfort of your home. The appointment shall be confirmed subject to validation of your contact details through one-time password (OTP). In the event you do not reach the inspection centre or you are not at home at the time indicated by you in the appointment, you may reschedule your appointment by calling on [] or your appointment may stand cancelled.
     
    2-3 The inspection shall be conducted by our authorised vehicle inspection agents. The physical inspection may involve overall inspection of your Vehicle based on our standard inspection checklist which includes but is not limited to the examination of model, mileage, condition and the relevant documents of your Vehicle. You hereby authorise us to inspect and capture images and other specifications of your Vehicle in order to provide you the actual valuation (“Actual Valuation”) of the Vehicle. You also hereby understand that Actual Valuation is also subject to change, as on the basis of this valuation your Vehicle shall be auctioned on our Auction tool. Further, you grant us the right to make available your contact information and details of your Vehicle to any third party in connection with the transaction contemplated under the Services being provided by us.
     
    2-4 You hereby acknowledge and understand that in order to arrive at the actual price at which the Vehicle shall be bought by our authorised dealers (“Sale Price”) we may upload the Actual Valuation of the Vehicle along with other details as collected from you through this Platform or at the time of inspection, on our Vehicle dealers’ auction tool (“Auction Tool”), operated by us. You may agree to sell your Vehicle at such Sale Price or in case you are not satisfied by the Price, you have the right to refuse such offer. In the event you accept the offer, we will provide you the Sale Price on behalf of the Dealer in your account upon signing of relevant documentation.
      


  3. 3- Account, registration and access


    3-1 The Service as provided by our Platform is available without creating an account but subject to providing the details as required in the Contact Form. You agree to provide us true, accurate, current and complete information about yourself in the Contact Form and promptly update us in the event of any change in the information provided.
     
    3-2 You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.
      


  4. 4- Privacy policy


    We care about your privacy and are committed to protecting your personal data that you provide. Please go through our privacy policy in order to understand how we handle your personal data.


  5. 5- Permitted Use


    5-1 We authorize you to access, view and use the Platform solely to the extent necessary for you to use the Services. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way our Platform, is strictly prohibited without the prior written permission from us.
     
    5-2 You additionally agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file
      


  6. 6- Disclaimer of warranties


    6-1 You expressly acknowledge and agree that use of the Platform is entirely at your own risk and that the Platform is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. We make no warranties or representations about the accuracy or completeness of any content on the Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content made available through the service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the service.
     
    6-2 In no event shall we, our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the service, including without limitation whether the damages arise from use or misuse of the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law.
     
    6-3 You agree to defend, indemnify and hold harmless us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms or any contract entered into with us; or (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform.
      


  7. 7- Links to Third Party websites


    The Platform may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to the Company. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Company disclaims all liability thereto.


  8. 8- Miscellaneous


    8-1 The Terms and the relationship between you and us shall be governed by the laws of India. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of New Delhi, India.
     
    8-2 These Terms and the other policies posted constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
     
    8-3 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
      


  9. 9- Limitations of liabilities


    IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS OTHER THAN IN INDIA. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.


  10. 10- Grievance Officer


    You can write to cashmycar@olx.com to get in touch with our Grievance Officer.


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