Terms and Conditions
These terms and conditions (Terms & Conditions) are an agreement between the Website Operator (“AckoDrive”, “us”, “we” or, “our”) and you, the visitor (“Visitor”, “Customer”, “User”, “you” or “your”). This Agreement sets forth the general Terms & Conditions of your use of the website [https://www.ackodrive.com] and any of its services (collectively, “Website” or “Services”).
ACCEPTANCE OF TERMS & CONDITIONS
You acknowledge that you have read and agree with all these Terms & Conditions. By using the Website or its Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. AckoDrive reserves the right to store information on a User’s computer in the form of “cookie” or similar file for purposes of modifying the Website to reflect the User’s preference.
DESCRIPTION OF SERVICES
Acko Technology and Services Private Limited (The Company or AckoDrive) operates a market place platform under the brand name, ‘AckoDrive’ (Platform) for the purposes of facilitating the sale and purchase of new and used vehicles between third party vendors and the customers of the Platform.
Although you may be able to conduct payment and other transactions through the Platform using third-party vendors, the Company is not in any way involved in such transactions. As a result, you hereby agree, understand and acknowledge that AckoDrive is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of purchase of products on the website shall be a strictly a bipartite contract between you and the sellers on the Website.
Further, you agree, understand and acknowledge that:
1. The Company is only operating a marketplace for selling the products owned by the third-party sellers and the Company shall not hold title to the Products, at any point of time, which shall till the time of transfer to you, be of the third-party seller.
2. You have the option to purchase the product through Platform or directly with third-party seller at their locations.
3. In the event, your booking is confirmed/ purchase is affected through the Platform, the Company will collect the Selling Price or part-payment (deposit) only on behalf of the third-party seller. The Company will not collect any amount on its own account.
4. Amount collected by the Company towards deposit cannot be concluded as sale of the product. No Tax shall be deducted from the Selling Price or deposit.
5. The Company will issue a document towards booking confirmation of product which does not guarantee a successful purchase of the product unless the same is honoured by the third-party sellers. The Company is or cannot be responsible if the transaction is not honoured by Third-party seller for whatsoever reason.
6. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard.
7. Sometimes price mentioned on the booking voucher can slightly be changed on account of taxes and other reasons.
8. The Company shall not and is not required to mediate or resolve or assist in any dispute or disagreement between you and the third-party seller.
Any decisions to purchase any product available at the Platform will be based solely on the Visitor’s independent evaluation of the products, and his/her need for the same. The Visitor has the responsibility to determine whether the products offered by third party seller through the Platform satisfy the requirements of the Visitor. It is the responsibility of the Visitor to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Website.
AckoDrive has provided the relevant information in relation to the products on the Website.
In the event the Visitor requires any further information or assistance, he/she may contact us at email@example.com
REPRESENTATION BY USER
The Visitor to the Website represents that the Visitor is legally competent to enter into a binding legal contract and agrees to be bound by these Terms & Conditions.
TERMS AND CONDITIONS FOR USE
This Website is deemed to be in use when it is loaded in a temporary or permanent memory of your computer.
ACCOUNTS AND MEMBERSHIP
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms & Conditions or that your conduct or content would tend to damage our reputation and goodwill, or lead to a violation of the provisions of applicable law. We may block your email address and Internet protocol address to prevent further registration.
All transactions, which cannot be carried out instantaneously, shall be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by AckoDrive depending upon the time of logging of the transaction. All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the various regulatory bodies in India defining rules/regulations governing the offer of any service on the Website.
EVIDENCE OF TRANSACTIONS
For any transaction which may be permitted by AckoDrive from time to time, AckoDrive’s own records of such transactions maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. The record of THE TRANSACTION as generated from the systems of AckoDrive shall be conclusive proof of the genuineness and accuracy of such transactions.
RESTRICTIONS ON USE
The Company owns and holds all the rights for the information, contents, audio, video, logos and trademarks contained in this Website. Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing or using any of the information, contents, audio, video, logos and trademarks contained in this Website for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of the Company is strictly prohibited. Any violation of this provision would be strictly dealt with. You may download material displayed on this Website for your personal use only, provided that you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
User acknowledges and affirms that he/she shall not:
Engage in fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
Although AckoDrive may, from time to time, monitor or review any facilities, if established or otherwise offered at the Website for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, AckoDrive is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. AckoDrive will fully cooperate with any law enforcement authorities or court order requesting or directing AckoDrive to disclose the identity of anyone posting any such information or materials.
While availing any of the payment modes available on the Website, we are and shall not be responsible for any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases on Website by you shall be in Indian Rupees only. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before concluding a sale of the product, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
USE OF INFORMATION
The content is available for informational purposes only. The posting of contents and access to this website does not render, either explicitly or implicitly, any provision of services or products by us. All advertisements contain only an indication of benefits offered by the products.
LINKS TO OTHER WEBSITES
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
RESERVATION OF RIGHTS
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall AckoDrive, its employees and directors, its suppliers and its third party advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Website, with the delay or inability to use this website or any links or items on the Website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Website or obtained or messages received or transactions entered into through or from the Website or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Website.
Product(s) are marketed and/or distributed solely by third party seller and are not in any way associated to or being sold, marketed or offered for sale by AckoDrive or the Payment Gateway Service provider and therefore the Payment Gateway Service provider or AckoDrive shall not be liable for the same.
AckoDrive does not guarantee or warranty that there will be uninterrupted access to and/or use of the Payment and Delivery Mechanism.
AckoDrive shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of third party seller to perform any of its obligations under these Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
Unless otherwise expressly set forth herein, AckoDrive makes no representation that materials on this Website are appropriate or available for use in any location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. The services/products which are part of the Website do not constitute an offer to sell or buy any products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
Except as specifically set forth herein the information contained on this Website is not an offer to sell or any security, product or service. No security, product or service is offered or will be sold in any jurisdiction in which such offer, purchase or sale would be unlawful under the securities or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. All disputes shall be subject to the exclusive jurisdiction of courts at Bangalore.
Failure on the part of AckoDrive to enforce any of the provisions hereof will not be construed to be a waiver of the rights vested in AckoDrive to thereafter enforce such provisions. If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, it will be enforced to the maximum extent possible, and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
Notices under these Terms & Conditions may be given by AckoDrive to the Customer in writing by delivering them to the last address given by the Customer. Customer may give notice to AckoDrive by delivering them to the address mentioned on the Website. In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. AckoDrive shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery.
AckoDrive’s performance to this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AckoDrive’s right to comply with governmental, court and law enforcement directions relating to the use of this Website or information provided to/gathered by AckoDrive vis-à-vis such use.
AckoDrive reserves the right to add, amend, revise suspend or cancel in whole or in part any of the services which are, or may become, part of the Website, without any prior notice to the Visitors or Customers. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers.
AckoDrive may introduce new services in relation to the Website from time to time. The existence and availability of the new services will be notified on the Website as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions. In addition, AckoDrive may also publish notices of general nature, which are applicable to all Visitors or Customers in a newspaper or on its Website. Such notices will have the same effect as a notice served individually to each Visitor or Customer.
AckoDrive may transfer or assign its rights and obligations under these Terms & Conditions to any Affiliate.
AckoDrive shall try and ensure that all information that is provided on the Website with respect to policies / products are accurate in all respects and are kept up to date. However, AckoDrive does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the Visitor/Customer is required to check the accuracy of the same with the third party seller.
Price and Specifications are subject to change without prior notice. Prices and offers prevailing at the time of delivery will be applicable.
All booking amounts made with AckoDrive are non–interest bearing. In the event of any booking amount/full payment cancellation, amount will be refunded without any interest.
Refund will be provided by cheque within 10 working days of cancellation of booking.
Once RTO tax & insurance amount has been paid, the vehicle cannot be Changed/Replaced/Cancelled.
1% TCS (Tax Collection at Source) is applicable on the value of the invoice
a) for all vehicles with Invoice value greater than 10 lakh rupees
b) for all transactions (towards sale of Cars or sale of parts or sale of spares or cost of services), with cash payment exceeding 2 Lakh Rupees.
Complete refund of the amount shall be available if the customer applies for a cancellation within 24 hours of booking. Once the amount is transferred to the dealership, cancellation charges may apply depending on stock availability and dealership terms.
Changing of car model to another brand: For this, change can only be done before we transfer the amount to dealership.Changing of car variant to another variant or color/model within same brand: This is possible even after transferring the amount to the dealership.
Once the booking amount is transferred to the dealer as mentioned above & the documents are collected, the customer is supposed to arrange downpayment money. Based on the delivery timeline for the car, this downpayment amount has to be collected from the customer and processed at the dealership.
The documents required for booking shall be either collected by the CC team via mail or the customer would have an option to give the documents physically to the dealer POC. It shall be the responsibility of the dealer POC to make sure that he/she collects all the documents and takes the process further ahead.
Once the customer pays the booking amount, an email confirmation is provided to the customer confirming the details. Post this, the amount shall be transferred to the particular AckoDrive tied up dealer which would satisfy all requirements of the deal.
MODIFICATION OF THESE TERMS & CONDITIONS
Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers. AckoDrive may introduce new services in relation to the Website from time to time. The existence and availability of the new services will be notified on the Website as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions.
You authorize AckoDrive to call, send SMS and email on the contact number and email ID (made available by you on our Website) and offer you information and services for the product you have opted for. You authorize us to call, SMS or email you for the mentioned purpose, irrespective of whether you register with the NDNC registry. AckoDrive may from time to time send by e-mail or otherwise, information relating to products and services offered by its Affiliates, general information related to product, its usage and other services.
You may always submit your concerns / grievances regarding our Terms & Conditions or our privacy practices to the designated Grievance Officer as follows:
Mr. Arjun Sangaliya
Thank you for visiting our website at www.ackodrive.com.
Acko Technology and Services Private LimitedRegistered Office: No. 9, 17th A Main Road 5th Block
Koramangala, Bangalore, Karnataka-560095
Date of Incorporation: September 7, 2016
TERMS & CONDITIONS GOVERNING THE USE OF ACKODRIVE’S WEBSITE BY VISITORS, CUSTOMERS AND REGISTERED USERS.