TERMS OF USE

These Terms and Conditions (“Terms of Use”) constitute a binding agreement between Acko Technology and Services Private Limited(“ACKO Drive,” “Company,” “Us,” “We,” or “Our”) and You, the user (“Visitor,” “Customer,” “User,” “You,” or “Your”). Together with Our Privacy Policy, these Terms of Use govern Your access to and use of the services offered through Our website and app under the brand name “ACKO Drive” (collectively referred to as the “Platform”). By accessing the Platform and its content, You confirm that You have read, understood, and agreed to these Terms of Use. We may update these Terms of Use at any time, and You will be bound by the revised terms. We recommend reviewing these Terms of Use each time You use the Platform or Our services. If You do not agree to these Terms of Use, please refrain from accessing or using the Platform. Note: These Terms of Use are an electronic record in accordance with the Information Technology Act, 2000, and do not require a physical or digital signature. The Privacy Policy is an integral part of these Terms of Use, and You confirm that You have read and understood Our Privacy Policy available at:  www.ackodrive.com/privacy-policy/ .

We provide a technology platform that allows users to explore options for purchasing new cars, car accessories, and related products (“Products”) from third-party sellers (“Sellers” or “Dealers”). We serve solely as a technology intermediary and facilitator for these transactions, as provided on the Platform from time to time (“Services”).

Our Services include, but are not limited to:

a. Offering information on new and upcoming cars, including electric vehicles and innovative automotive technologies, and facilitating bookings with Sellers.
b. Allowing Dealers to advertise and sell various Products on Our Platform.
c. Providing information on financial products offered by third parties.
d. Connecting users to Our partners for the sale of used cars.
e. Assisting users in accessing financial products related to automotive purchases.

We reserve the right to modify any Services at any time, with or without notice. You acknowledge that We may add, remove, or suspend any Services or Products without liability.

We may also offer promotions, discounts, or cashback schemes(“Schemes”) to enhance user engagement. As a Buyer, You agree to abide by the terms of any Scheme, which will be in addition to these Terms of Use. Schemes cannot typically be combined unless explicitly stated, and We reserve the right to withdraw or cancel any Scheme at any time.

You represent that You are at least 18 years old and legally competent to enter into a binding agreement. Individuals who are legally incompetent (e.g., minors or those unable to make legal decisions) are not permitted to use Our Platform without parental or guardian consent.

Any person below the age of 18 years may use the Platform with consent of parents / guardians for viewing the content available on the Platform. However, any induvial below the age of 18 years cannot make a request for booking or purchasing any Product on the Platform.

The Platform is considered in use once it is loaded into Your computer's temporary or permanent memory.

We are not liable for the actions or omissions of Sellers or for any breaches of warranties or representations made by them regarding their Products, including any after sales services or warranties. While We may assist in resolving disputes between You and the Seller, the Seller is solely responsible for the sale and delivery of the Product, including any after-sales services.

If You make a booking request using the Platform, as a “Buyer”, You acknowledge the following:

a. You are responsible for completing all necessary documentation as per the Seller’s requirements. We are not liable for any consequences arising from documentation issues, including delays to provide the KYC documents or cancellations.
b. If You require additional services (e.g., warranty or installation), You should directly contact the Seller for those details. We do not provide these services.
c. Sellers may change their shipping or delivery policies without notice.
d. We strive to partner with Sellers who offer competitive prices, but We do not guarantee or take responsibility for the pricing of Products.

You are encouraged to conduct Your own research prior to making any booking or purchase. You understand and agree that:

a. The Products are sold by independent third-party Dealers.
b. We do not own any cars or Products sold on the Platform.
c. When Your booking is confirmed, We will collect the booking amount and remit it to the Seller, but payment does not confirm the sale or acceptance of the Product.
d. We will issue a confirmation of Your booking upon receipt from the Seller, but We do not guarantee successful booking until confirmed by the Seller.
e. Any booking made on Our Platform is at Your own risk, and We do not provide recommendations or warranties regarding the Products.

Users can access the ACKO Drive Platform and its associated information for personal use as guest users, without the need for registration or account creation. This allows You to research and compare available products at Your convenience. However, to book or purchase any Products, You will need to create an account on the Platform.

If You create an account, You are responsible for maintaining its security and for all activities that occur under Your account. For Your convenience, a consolidated view of Your transactions will be available on the ACKO Drive mobile app and website.

You agree to provide accurate and up-to-date information. Providing false contact details may result in the termination of Your account. If You notice any unauthorized use of Your account or any security breaches, You must notify Us immediately.

We are not liable for any actions You take or fail to take, including any damages incurred as a result. We reserve the right to suspend, disable, or delete Your account if We determine that You have violated these Terms of Use, engaged in conduct that may harm Our reputation, or violated applicable laws. In such cases, We may block Your email address and IP address to prevent further registrations.

The Company holds exclusive ownership and rights to all information, content, audio, video, logos, and trademarks present on this Platform. Any reproduction, modification, creation of derivative works, distribution, transmission, copying, selling, displaying, publishing, or use of these materials for any purpose, whether electronic or otherwise, is strictly prohibited without prior written consent from the Company. Violations of this policy will be taken seriously. You may download materials from the Platform for personal use only, provided You retain all copyright and proprietary notices.

You agree not to:

a. Engage in any fraudulent, abusive, or illegal activities, including attempts to solicit passwords or private information.
b. Use the Platform to compromise the security of any computer network, crack passwords or encryption codes, transfer or store illegal materials, or engage in any unlawful behavior.
c. While ACKO Drive may periodically monitor discussion forums, chats, postings, or bulletin boards on the Platform, it is not obligated to do so and accepts no responsibility for the content within these areas. This includes any errors, defamatory statements, obscenity, or inaccuracies. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, or inflammatory material, or any content that could incite criminal conduct, lead to civil liability, or violate any laws. ACKO Drive will fully cooperate with law enforcement authorities or court orders requesting the identification of individuals posting such content.

Prices listed in the booking section are subject to change at any time. We recommend reviewing the terms and conditions specified in the booking form provided by the Seller before proceeding with bookings / payment.

When using any payment methods available on the Platform, We will not be liable for any loss or damage incurred by You as a result of:

a. Lack of authorization for any transactions,
b. Exceeding the mutually agreed preset limit with Your bank,
c. Any payment issues arising from the transaction,
d. Declines of the transaction for any other reason.

All payments for bookings on the Platform must be made in Indian Rupees. We do not facilitate transactions in any other currency.

Before completing a booking, the Seller may request supporting documentation (such as a government- issued ID and proof of address) to verify ownership of the payment instrument used. This is intended to ensure a secure online shopping experience for Our users. Failure to provide the KYC and other documents to the Dealers can result in delays, or even cancellation of a confirmed booking or a Product.

All transactions that cannot be completed immediately will be processed during working hours, either on the same day or the next working day, depending on when the transaction was initiated. All transactions conducted on behalf of the Customer will be subject to government notifications, as well as rules, regulations, and guidelines established by various regulatory bodies in India. For any transactions permitted on the Platform, Acko Drive’s records maintained through Our computer systems or other means shall be deemed conclusive and binding for all purposes.

Once You make payment of the booking amount, please note that the model, variant or color or any other change of the Product is not permitted. In case You wish to make any such change/s, You shall be required to cancel your current booking and make a fresh booking with your preferred model / variant. Any such model change request shall be considered as a cancellation request and shall be subject to cancellation fee as per the below Section 9 (Cancellation and Refund Policy) of these Terms of Use.

a. Cancellation by the Buyer:

I.Generally, all bookings are non-cancellable once the booking amount has been paid by You. If You desire to cancel the booking of the Product after making payment of the booking amount, You shall be liable to pay the below amounts as cancellation fee and compensation for the damages suffered by Us / Dealers due to your breach of these contract terms.
II:Standard Delivery:

Before the Seller has allotted the Product: You may cancel Your booking by paying a cancellation fee of INR. 3000/- (Indian Rupee Three Thousand Only). In such cases, the booking amount will be refunded to You after deduction of the said cancellation fee of INR. 3000/- (Indian Rupee Three Thousand Only).

After the Seller has allotted the Product: You may cancel Your booking by paying a cancellation fee of INR. 7000/- (Indian Rupee Seven Thousand Only). In such cases, the booking amount will be refunded to You after deduction of the said cancellation fee of INR. 7000/- (Indian Rupee Seven Thousand Only) or the total booking amount paid by You, whichever is lower.

III: Express Delivery:

Before the Seller has allotted the Product: You may cancel Your booking without payment of any cancellation fee. In such cases, the booking amount will be refunded to You in full.

After the Seller has allotted the Product: You may cancel Your booking by paying a cancellation fee of INR. 7000/- (Indian Rupee Seven Thousand Only). In such cases, the booking amount will be refunded to You after deduction of the said cancellation fee of INR. 7000/- (Indian Rupee Seven Thousand Only) or the total booking amount paid by You, whichever is lower.V:The below specified cancellation fee is subject to change/revisions at any time, with or without notice to You. Please check the Terms of Use regularly.

VI:The date of allotment of the Product by the Dealer shall be communicated to You via email and/or other means upon confirmation, typically within the following timeframes:

Express Delivery: 24 hours
Standard Delivery: 2-3 weeks

b. Cancellation by the Seller: There may be instances where the Seller cannot fulfill Your booking and must cancel it. The Seller reserves the right to refuse or cancel any booking at its discretion for reasons including, but not limited to, the unavailability of the requested color, model, or variant. Possible reasons for cancellation may include, but are not limited to, the unavailability of the Product or quantities ordered, service limitations, pricing inaccuracies, or other issues identified by the Seller. If Your booking is canceled, either the Seller or We will notify You and may request additional information if needed. In the event of cancellation by the Seller, the full booking amount will be refunded.

c. Cancellation by the Platform / ACKO Drive: There may be situations where We are unable to accept Your booking or where the booking is canceled due to reasons such as technical errors, force majeure events, or other circumstances. In these cases, We will not impose any liquidated damages on You, nor will You be liable to Us for any damages. If We cancel Your booking, the full booking amount will be refunded.

d. Loan Repayment, Cancellation, or Pre-Payments: The terms for repayment, cancellation, or pre- payments of loans will be determined by the agreement between You and the banking partner. We will not be held liable for any actions or omissions related to the loan documents, and You agree to indemnify Us against any claims made by the banking partner due to Your non-compliance or breaches.

The content provided on this Platform is intended for personal use and general informational purposes only. ACKO Drive does not guarantee the correctness or accuracy of this content. The posting of information and access to the Platform do not constitute, either explicitly or implicitly, an offer of Products by Us. All advertisements are meant to indicate the benefits associated with the Products.

While this Platform may contain links to third-party websites, applications, or platforms, such links do not constitute, either explicitly or implicitly, any endorsement, approval, sponsorship, or affiliation with those sites, unless specifically stated herein. We make no representations or warranties regarding the offerings of any businesses or individuals, or the content of their websites.

We expressly disclaim any responsibility or liability for the actions, products, services, and content provided by third parties. It is Your responsibility to review the legal statements, terms of use, and privacy policies of any third-party websites You access via links from this Platform. Your use of such external sites is at Your own risk.

By using or accessing any part of the Platform, You expressly agree to be bound by Our Privacy Policy, which is available at  www.ackodrive.com/privacy-policy/  . This Privacy Policy outlines how We collect, use, and protect Your personal information. It is essential that You review this document to understand Our practices regarding Your data and Your rights in relation to it. Your continued use of the Platform signifies Your acceptance of any changes or updates to the Privacy Policy.

All Products and Services available through the Platform are provided on an "as is" and "as available" basis, without any representations or warranties, either express or implied, unless otherwise explicitly stated in writing. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement.

Without limiting the generality of the foregoing, We do not warrant that:

a. Availability: The Platform will be continuously available, or available at all, at any given time.
b. Accuracy of Information: The information provided on the Platform is complete, true, accurate, or up-to-date.

All Products offered on the Platform are subject to various state laws. If a Seller is unable to fulfill an order due to the constraints of applicable state laws, the Seller will issue a refund or provide credit for any amounts received in advance for Products that could not be delivered.

To the fullest extent permitted by law, ACKO Drive, its employees, directors, suppliers, and third-party advisors shall not be liable to you for any direct, indirect, incidental, special, or consequential damages, including but not limited to punitive damages. This includes damages arising from viruses, personal injury, loss of profits, data loss, business interruptions, loss of privacy, or any other financial loss, regardless of the cause, even if we have been advised of the possibility of such damages.

This limitation applies to any claims related to the use, delivery, or performance of this platform, including delays or inability to access the website, the provision or failure to provide services, and any information, software, products, or services obtained through the platform. It also covers damages from unauthorized access to or alteration of your data.

You agree that we shall not be liable for any damages resulting from the interruption, suspension, or termination of the platform, regardless of whether such actions were justified, negligent, intentional, or inadvertent. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so these restrictions may not apply to you.

You agree that we shall not be liable for any damages resulting from the interruption, suspension, or termination of the platform, regardless of whether such actions were justified, negligent, intentional, or inadvertent. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so these restrictions may not apply to you.

In any event, our total liability to You for all damages, losses, and causes of action (whether in contract or tort, including negligence) shall not exceed the amount you paid to Us, if any, to access / use the Platform or INR. 1000/ - (Indian Rupee One Thousand Only), whichever is lower.

Acko Drive shall not be liable for any failure to complete transactions or for any shortcomings of third-party sellers under these Terms of Use, particularly if performance is hindered or delayed by a Force Majeure event. In such cases, our obligations shall be suspended for the duration of the Force Majeure event

Once the booking is accepted by the Seller, the Customer must arrange timely payment of the total sales consideration to the Seller on or before the delivery date, either directly or through their banking partner..

You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms & Conditions For Sale or any additional terms applicable to the purchase of products and services on the Platform. In no event shall the Company, its affiliates, officers, shareholders, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company 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 purchase of the Products and Services herein.

The Company shall not assume any liability for the non-availability of the Product, delivery of the Product and the installation of the Product where required or any action or inaction that might be taken by the Vendor after issue of the voucher to the user.

We reserve the right to change, modify, add to, or remove discounts, portions of these terms of use at any time, subject to Company’s policy as amended time to time without any intimation to You. Your continued usage of the Platform means that You agree with the revised terms and conditions.

The Terms of Use are subject to the laws of India, and the courts of Bangalore shall have the exclusive jurisdiction over the subject matter hereto.

You have the limited personal, non-exclusive, non-transferable limited license to access Our Platform or avail the Services offered therein for Your personal and non-commercial use only. 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. ACKO Drive’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Acko Drive to any third parties without the requirement of seeking Your prior consent. ACKO Drive shall have right to transfer Your Account and Account Information to a third party who purchases ACKO Drive’s business as conducted under the Platform.

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.

Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

By accessing our Platform and/or using any Service or Product available through it, you explicitly consent to receive communications from us and our Sellers (which may include dealers, financial institutions, and other partners) through various channels, including but not limited to phone calls, SMS, email, and WhatsApp or other instant messaging apps.

This consent is granted regardless of whether your phone number is registered with the National Do Not Call Registry (NDNC) or listed on www.nccptrai.gov.in. You acknowledge that these communications may include important updates, promotional offers, service-related information, and other notifications relevant to your interactions with our Platform

You may always submit your concerns / grievances regarding our Terms & Conditions or our privacy practices to the designated Grievance Officer as follows:

Mr. Lokesh Sharma
Email: [email protected]
Phone: +91-8178583016
Please reference the Terms & Conditions or Privacy Policy, as the case may be, in your subject line. We will attempt to respond to all reasonable concerns or inquiries within reasonable time.

Thank you for visiting our website at www.ackodrive.com.

Acko Technology and Services Private Limited

Registered Office: 36/5, Hustlehub One East, Somasandrapalya,
27th Main Rd, Sector 2, HSR Layout, Bengaluru, Karnataka 560102
Date of Incorporation: September 7, 2016
CIN: U74110KA2016PTC120161
TERMS & CONDITIONS GOVERNING THE USE OF ACKO Drive’S WEBSITE BY VISITORS, CUSTOMERS AND REGISTERED USERS.