Term and Conditions
Welcome to Caraana.com. In these Terms & Conditions, the terms "Caraana.com", "Website", "We", "Us" and "Our" refer to Caraana.com and the terms "You", "Yours" refer to You (Buyer or Seller or Partner who visit our website with an intend to buy/sell the car through us) as a user of Caraana.com.
Section 1 : General Provisions
Section 2 : Scope of Services
- By visiting this Website, You accept the following Terms & Conditions. This is a legally binding agreement between You and Caraana.com; please read it carefully. When visiting this Website, You may be subject to other posted terms and guidelines applicable to services available on this Website. All terms & guidelines on this Website. Unless specially 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 through automated means, constitutes your use of the website and your agreement to be bound by these Terms & Conditions. Caraana.com might 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 amended.
- The present Terms and Conditions apply exclusively to the relationship between Caraana.com and the user.
- The material that shows on this Website is for general information purposes only. Our site includes materials and information collected from and provided by third parties that we might not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or data or information on this Website, and you should rely on it after your independent verification/satisfaction.
Section 3: Buying a Car
- Caraana.com will provide participants/user means to advertise their car on the site (sellers) and will display said car for an agreed amount of time to internet visitors (buyers). Caraana.com will also publish content relating to new and used passenger cars.
- Caraana.com reserves the right to temporarily limit access to the Website if such is needed for technical reasons. This may make it difficult or impossible to access advertisements during that period.
Section 4 : Buying and Selling Car
- Before purchasing a car or any other goods or services you have read about on Caraana.com, you should confirm any information, including the location, documentation that is important or affects your purchasing decision. Caraana.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed on Caraana.com.
Section 5 : Selling Your Vehicle
- Caraana.com is a vehicle listing and information service that brings together buyers and sellers via the Internet.Caraana.com is not a party to any transaction between vehicle buyers and sellers that originates on or through this Website. At no time shall Caraana.com have any obligations or liabilities in respect of such transaction. Information about a particular vehicle is supplied by the seller, not by Caraana.com. Caraana.com in no way represents that this information is accurate.
- Though we hope that all who come to Caraana.com will act honorably, treat each other fairly and will deal in good faith, we may not verify the information that sellers supply or guarantee the vehicles they offer. 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 or by any other medium.
Section 6 : General Terms/Commercial for User
- Caraana.com offers a number of options for private/commercial sellers to sell their car. Kindly follow the process as available on the website to list your car.
- In order for You to offer a vehicle for sale through provided services for private/commercial sellers; you must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on Caraana.com, sellers also are required to provide certain identifying and contact information. Using our Website to promote, without our prior written permission, any other Website, product, or service is prohibited.
- By using our Website to sell your vehicle as a seller, you declare that you are at least 18 years of age and competent to enter into a contract as per Indian Contract Act 1872.
- Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through Caraana.com. Nothing will undermine a user's confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, We care deeply about making sure that the information you supply is accurate and that, in all respects, You treat other Caraana.com users fairly and honorably.
- In connection with our efforts to combat Internet fraud, listings may be screened before being posted publicly. This process may delay the publication of your listing. Though We cannot monitor every transaction that originates through a listing on Caraana.com, We may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale are genuine. By using our Website, you agree to cooperate in these quality assurance tests. 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 seller's listings from each site.
- By putting 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.
Section 7 : Data Requirements & Advertiser’s responsibilities
- The Seller must ensure that the complete registration number of the car is visible in the image and that the colour and make must match to the details as mentioned on the Registration Certificate. He/She should be ready to sell his car to any individual resident of India who is legally authorised to buy it under the law.
- Seller needs to present the listed car for inspection on a mutually agreed date and time at his residence or at Caraana office/hub. Charges may apply for inspection of car.
- At the time of closure of the deal, Caraana shall charge 3% of the agreed sale value of the car sold, as Caraana facilitation charges. Same would be deducted out of the seller 's receivable payment from the buyer for selling the car. In case seller refuse to sell the vehicle after taking the token money, seller will refund the token amount and shall pay the cancellation charges @3% of the sale price.
- The seller will fully support and cooperate with the buyer of the car to transfer the car in the buyer name and arrange all the required documents-valid PUC, Insurance or any other document required under law/rules/guidelines to transfer the sold vehicle in buyer name. The seller will also ensure that no third party interest except buyer, has been created in the sold car.
- To book a car to buy, Buyer agrees to pay to Caraana as below:
- Rs. 6000/- per car towards Caraana facilitation charges
- 10% of the agreed sale price of the car sold as Token Money
- 90%of the agreed sale price of the car is sold as final payment within 3 working days after booking the car failing which token money along with service charges will be forfeited.
- The buyer may choose to transfer the car ownership at their own or through Caraana at an additional cost as facilitation fees in addition to the actual expense incurred for transfer of car. Caraana will not be liable for any delay if it is not attributed to Caraana.
Section 8 : User Contents
- Users are allowed to advertise only for the sale of Vehicle only. Any other advertisements are not allowed and will be removed.
- Users are obliged to submit correct and full information about their vehicle along with its images. Caraana.com is not responsible for any damage arising from placement of false information.
- Users can include photos with their advertisements. These photos have to be representative of the vehicle at sale and infringe on the intellectual property rights of third parties. Caraana.com does not have any influence on these photos and will in no way be accountable for their contents.
- The wordings of the advertisements should be in accordance with all laws and regulations of India.
- The user shall take full responsibility for the contents of the advertisements. Caraana in no way endorses these advertisements in terms of their correctness or completeness.
- Caraana.com denies all warranty and liability for the compliance of advertisements with statutory provisions and their accuracy.
- Caraana expressly denies warranty and liability in case a transaction resulting from the advertisement does not take place, due to whatever reason.
Section 9 : Other Material:
- Our website allows users to publish listings, ratings, and reviews and to access social media tools where users may post material 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 these Terms & Conditions and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of our Website. You acknowledge that any of the user- generated content posted or transmitted through our Website represents the views of the author, and not of Caraana.com. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to our site or using any social media 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 person's 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 another's 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 Caraana.com 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 Caraana.com's 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 Caraana.com or on our affiliated Websites and services, and/or a ban from creating new accounts.
- Although Caraana.com cannot monitor all of the listings and content posted to our Website, We 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. Notwithstanding the foregoing, Caraana.com takes no responsibility and assumes no liability for any content posted to our Website by you or by the third parties.
Caraana.com makes best efforts to ensure the content on the site is accurate. However Caraana.com is not responsible or liable for any loss or damage incurred as a result of the use of this content.
Section 10: Indemnification:
The user releases Caraana.com from all third party claims against Caraana.com in such circumstances that the user's 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 Caraana.com.
Section 11: Car Search and System Integrity:
Vehicles in Caraana's database may be searched for only via the search functions offered on the site.
Users may not interfere with the Website's 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.
Section 12: Deletion of Listed car:
To preserve a representative current database, Caraana.com database must be as correct as possible. Users are required to remove their vehicle advertisements as soon as their vehicle is no longer for sale. Caraana.com expressly reserves the right to remove advertisements from its database when the vehicle can no longer be assumed to be for sale.
Section 13: Warranty:
Under circumstances of force majeure, such as lawsuits, failure in communication technologies, natural disasters, and other such occurrences, Caraana.com will be released of its obligations to perform. No claims can be made to Caraana under such circumstances.
Section 14: Termination of agreement:
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 at 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.
Section 15: Copyright
Any and all data, information, company logos, texts, programs and images of advertisements placed on the Caraana.com Website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants' as Caraana's own data. The copyright associated with an advertised vehicle, i.e. photos and text, does remain property of the advertiser.
Section 16: 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.
Section 17: Applicable law and court:
These terms and conditions are governed by the laws of India. In case of any dispute, the courts of New Delhi shall have jurisdiction.
Section 18: Disclaimer of Warranties, Limitation of Liability, and Indemnification:
If you rely on this website or any information, product, or service available through this website, you do so at your own risk. you understand that there may be delays, interruptions, inaccuracies, omissions and/or other problems with the information, products, and services published on or promoted through this website. this website is provided to you "as is." Caraana.com and its affiliates, agents, and licensors cannot and do not warrant the accuracy,currentness, noninfringement, merchantability, completeness or fitness for a particular purpose of the information available through this website, nor do we or they guarantee that this website will be error free, or continuously available, or that this website will be free of viruses or other harmful components. Caraana.com and its affiliates, agents, and licensors will not be liable for any claims, actions, or judgments arising out of or related to any content posted to this website by you or any third party.
Under no circumstances, Caraana or its affiliates, agents, or licensors or its employee be liable to you or anyone else for any kind of damages arising out of your use of this website or any product or service linked to or from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, or other damages of any kind (including direct or indirect loss or consequential damages), even if we are advised beforehand of the possibility of such damages. you agree that the liability of Caraana and its affiliates, agents, and licensors, if any, arising out of any kind of legal claim arising out of or otherwise relating to this website will not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. without limiting the generality of the preceding sentence, you agree that we are not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive, tortious, or illegal conduct by you or any other party or any infringement of your or another's rights arising from or in connection with this website.
Section 19: Miscellaneous:
We want potential buyers visiting Caraana.com to feel free to share their email addresses with those listing vehicles for sale on our Website. By accessing this Website, You agree not to use information concerning other users of Caraana.com, or the vehicles they have listed or searched for on this Website in any manner for any purpose other than to explore the potential purchase or sale of a listed vehicle.
Section 20: Communication with you:
By using Caraana.com and filling any form on our site, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status.