“TractorDekho.in”
TERMS AND CONDITIONS OF SERVICE AND USE
1. GENERAL
M/s. SANU TRACTORS, a Private Limited Company incorporated under the provisions of the Companies Act 2013, and having its registered office N.H.08, Kotputli, Rajasthan, India, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your invaluable information. This document contains information about the Website TractorDekho.in hereinafter referred to as the “Platform”).
2. DEFINITION
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
“We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
“User” shall mean and refer to natural and legal individuals who use the Website and who is of sound mind and competent to make sound and informed decisions.
“Services” shall refer to the platform that acts as an aggregator and generates leads to the User relating to various services.
“Third Parties” refer to any Application, Company or individual apart from the User and the creator of this Website.
The term “Platform” refers to the Website which provides the user with leads relating to various services that the User wishes to avail.
The term “minor” shall mean and include a person who has not completed the age of eighteen years.
“Seller/Sellers” shall mean persons who register with the Platform and sell motor vehicles to the Users.
3. GENERAL TERMS
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The use of this Platform by the Users is solely governed by these Terms of Service, Refund Policy, Risk Policy, Disclaimer Policy, Cookie Policy, and the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and other Policies mentioned above. The User expressly agrees and acknowledges that these Terms of Service and other Policies are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
4. SERVICE OVERVIEW
The Company shall manage and own the website TractorDekho.in which provides leads to Users relating to buying/selling motor vehicles. The services for which leads are generated are enumerated in Annexure – A of this Terms of Service. The Company may at its sole discretion, terminate a service or commence new services. The Scope of Services in Annexure – A shall be amended accordingly from time to time.
5. REGISTRATION
(i) Registration of Users:
The Users may register themselves on the platform by providing the following details on the platform:
Name of the User
Email address
Mobile Number
House Address/Locality
Govt. ID
Providing the above-mentioned details is not mandatory. However, if the User would like to receive any leads regarding a service provided by a Vendor avail any services, then the Users must share the above mentioned details, for providing the promised service.
(ii) Registration of vendors/buyers/sellers:
The vendors/buyers/sellers must register themselves on the platform by providing the following details on the platform:
Name of the Vendor
House Address
Driving License.
Aadhar Card
Voter ID
Registration Certificate, if applicable
6. PAYMENT GATEWAY
For Users, the platform is available to them free of cost and does not require any payments.
For Vendors, the Platform will be available to them after registration and subscribing to the Platform. The Subscription is paid monthly by the Vendors. For making all payments for services on the Platform, you shall be required to make payment through third-party platforms such as Razorpay, Phonepe or other third parties that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
7. ELIGIBILITY
The User and the Vendor has to be of sound mind and must be capable of making informed decisions after referring to the guides on the Website.
In the event of a minor accessing the Website, it would be the responsibility of his immediate guardian to monitor the minor’s use, the platform or the Company will not be liable for any consequences.
8. CONTENT
All the Content displayed including but not limited to the illustrations, photographs, one-liners, videos, and write-ups on the Platform is created by the Company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
The Company may use or incorporate third party tools and services in a collaborative manner to deliver the final result. Hence, all content displayed or placed, including but not limited to illustrations, codes, articles, videos, photographs and write-ups on the platform on behalf of any third party shall be subject to such third party’s copyright and shall not be reused by any party without the prior written consent of the Company and the copyright owner.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. The User shall not copy, adapt, and modify any content without written permission from the Company
9. INDEMNITY
The Users and Vendors undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.
10. TERM & TERMINATION
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms. A User or a Vendor, may terminate their use of the Services and the Platform at any time by either deleting their account with the platform or by unsubscribing to the services, as the case may be. Non-payment of subscription by the Vendors shall also be construed as Termination of such feature access.
The Company may terminate these Terms without notice and/or suspend or terminate a User’s or Vendor’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit the Company’s right to take any other action against the User or the Vendor that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s or Vendor’s access to the Services, or any portion thereof, at any time, without notice or cause.
11. COMMUNICATION
By using this Platform, and providing their identity and contact information to the Company through the Platform, the User and the Vendor hereby agrees and consents to receive calls, e-mails, SMS or any other modes of communication from the Company or any of its representatives at any time.
Users can report to the Company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues are found) shall be dependent on the time that is taken for investigation.
12. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User and Vendor agrees and acknowledges that they are a restricted user of this Platform and that they:
Authorize the Platform to use, store or otherwise process certain personal information and all published content, reviews and ratings, comments and feedback for personalization of services, marketing, and promotional purposes and for optimization of User-related options and Services.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
Expressly agree and acknowledge that the Content displayed on the Platform is for purpose of reference only. Under no circumstance shall the User or the Vendor construe the same as expert/ professional advice. The Company does not guarantee any leads to the User or the Vendor.
Expressly agrees to make good any losses suffered by the Company or platform which results as a consequence of any act committed by the User/Vendor including but not limited to acts of fraud, misrepresentation of information provided on the Company as expert advice or posting slanderous or libelous content in the form of comments or feedback. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
Accepts all risk of using the forum and content on the forum. As far as the law allows, the company and its suppliers provide the forum as is, without any warranty whatsoever.
Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
Agrees and grants permissions to the Company and any third party authorized by the Company to access files and folders from system hard drive, Google Drive, iCloud, Dropbox or any other similar content storing platform and notification setting for the purpose of fulfilling the service requested by the User.
Agrees that the platform will be used by them solely for non-commercial use with the intent of gaining services provided by the Platform. No commercial endorsements will be made on the platform. This includes providing links to other platforms which may or may not be competitors of the Company. In the event of detection of commercial activity by a user, the Platform will have the right to bar them from posting further comments or content on the Platform.
Further:
The User/Vendor hereby expressly authorizes the Company /Platform to disclose any and all information relating to the User/Vendor in the possession of the Company /Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that involve personal injury and theft/infringement of intellectual property. The User/Vendor further understands that the Company /Platform will have to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
The User/Vendor agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The User/Vendor agrees not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, the User/Vendor agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
Belongs to another person and to which the User/Vendor has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Violates any law for the time being in force;
Deceives or misleads the other users
13. BETA SERVICES AND PRODUCTS
The Company may, from time to time, offer access to services that are classified as Beta versions. Access to and use of Beta versions may be subject to additional agreements. The company makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided as is, may contain bugs, errors, or other defects, and your use of a Beta version is at Your sole risk.
14. TECHNICAL IMPROVEMENT
From time to time, Company may need to perform maintenance on or upgrade the Software, Products or Company Websites or the underlying infrastructure that enables you to use the Platform. This may require Company to temporarily suspend or limit your use of some or all of the Platform until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Company will publish the time and date of such suspension or limitation on the Company Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of Platform.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups, Analytics, Profiles, Tools, Bots, and other distinctive brand features according to the provisions of these Terms.
16. FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to a cause beyond its control or without its fault or negligence, due to Force Majeure events illegal or unauthorized, including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy and cheating.
17. NO WARRANTIES
You understand and agree that the services are provided "as is" and the company, its affiliates, suppliers, and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The Company, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the quality, punctuality, service costs, etc., obtained through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. The company does not assume any responsibility for retention of any user information or communications between users. The company cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk. For the purpose of this clause, Services shall include services provided by the Company/Platform and the Vendor. The Company or its affiliates cannot be held liable for any mishap, damages, dissatisfied quality of service by the Vendor.
18. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
19. GRIEVANCES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to sales@tractordekho.in
20. MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms, read with the Policies, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as furtherance or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at sales@tractordekho.in
M/s. SANU TRACTORS
N.H.08, Kotputli, Rajasthan, India
ANNEXURE – A
SCOPE OF SERVICES
The following services shall be available to the Users in relation to generating leads on the Platform:
Buy/Sell Used Tractor
Buy/Sell Used Farm Implements
Buy/Sell Used Harvester
Agri/Sell Business News
The Company at its sole discretion may add or remove any services in this Annexure from time to time.
