ATFEM KhetiGaadi Pvt. Ltd. (hereinafter referred to as “ATFEM” or “We” or “Us” or “Our” or ”Company”) welcome you at KhetiGaadi.com for doing your Tractor and Implement search, your search and access to certain financial products, including but not restricted to, loans, insurance & other financial products as offered by third parties, posting advertisements, etc.
You acknowledge and agree that Your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement by accepting by the said Terms and Conditions.
ATFEM use third-party service providers to assist ATFEM in improving our Services and Website and to monitor our Users’ interests and activities. You hereby authorise ATFEM and/or third-party service providers engaged by ATFEM to collect, use, store, analyse, reproduce, publish, and adapt either on its own or through third-party service provider the information in relation to Your use of the Website for the purpose of data analysis and for improving Your experience on the Website. You acknowledge that this is solely undertaken by ATFEM to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of ATFEM and/or third-party service providers.
ATFEM shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.
Service available through or use of the Website is available only to persons of majority and who can legally component to form a contract under the Indian Contract Act, 1872, or any other act or enactments to which the person is subject according to provisions of India.
This Website, including mobile application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 and as amended from time to time, which provides a platform to users to avail the Services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. ATFEM is not responsible and can not be held liable for any transaction between the Website’s User.
By accessing, browsing and using this Website or availing Services, you agree and acknowledge that you understand this limited and restricted use of accessing, browsing or using this Website by availing any Services is out of your own free will, discretion and responsibility.
ATFEM reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. ATFEM reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that ATFEM shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
ATFEM provides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website are only to assist the User of Website who are interested in the Services provided by ATFEM and who wants to explore the more options before concluding their transactions. Among other services and information, ATFEM may provide any or all the below-listed services to the Users:
i. The website may provide the information on new Tractors and Implements or upcoming Tractors and Implements including, price, specifications, dealer locations etc.
ii. ATFEM will provide services to research Tractors and Implements, prices, technical specifications, comparison other Tractor and Implement attributes, and warranty and roadside assistance.
iii. The services can include a listing of your used Tractors and Implements, online or browsing through the list of used Tractors and Implements listed by Users of ATFEM. Services can further include the facility to advertise / exhibit / make available for selling various products including without limitation agri-mechanism product, auto products, accessories, spare part, services to other Users of the Website. ATFEM makes no claims that any such information/data as available is accurate or applicability of the information to any specific situation.
iv. ATFEM may also provide the user the ability to send SMS to the user's top callers or send an email to the user’s friends letting them know about the service.
v. The website may provide certain Features, Content ("Features" and “Content” are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.
vii. The website may also provide information on additional products of third party e.g. banks, financial institutions, the insurance company, dealers etc. pertaining to the loan, insurance, and another service ancillary and incidental thereto.
All the above-listed services are provided at the sole discretion of ATFEM, and You acknowledge and agree that ATFEM can add or provide additional services not listed above, or can remove/suspend/cancel any or all services/products, listed above without any notice or liability.
5) Features and Content:
“Content/s” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Website by ATFEM.
"Feature/s” may include any interactive, value addition service or other additional feature including without limitation comparison, 360-degree view etc. which are introduced or available on the Website.
ATFEM may allow the User of Website to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof collectively referred to "User Content" 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 this Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products/services available through or at Website.
Being the originator of the User Content, you are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law for time being in force in India. You acknowledge and agree that of the User Content posted or transmitted through our Website represents the views of the author, and not of KhetiGaadi.com. You also acknowledge that you place reliance on such content is at your own risk.
You acknowledge that ATFEM does not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then ATFEM at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
6) Your Account and Login Options:
User may access to the Website or other information and material as available on the Website, as a guest user, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information are available on Website for all users called ‘guest user’ who do not need to register or create any account on Website. However, services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create an account on Website or provide certain personally identifiable information.
To avail the certain features, not available for Guest User, you need to register/create an account by providing certain details e.g. Your name, contact details, email id etc. (also known as “Your Information”). Once You register with Website and provide Your Information and complete the process of registration, ATFEM set up an account by providing login id and password (“Your Account”) which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, ATFEM recognizes You as a registered user (Registered User) and You can log in into Your Account and avail the Services and access to other features and information not available to guest users.
If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
You agree that when You provided Your Information while registering/creating Your Account with Us, you shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user’s account. ATFEM has a right to suspend/delete Your Account or can limit/deny the access to the Website or Services, any time if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.
7) User’s Obligation:
Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement according to legal provisions applicable to India, ATFEM grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website.
You acknowledge, agree and undertake that the Your use of the Website shall be strictly governed by this Agreement including Term of Use and the following binding principles:
You shall not use or access the Website or avail the Services by any means other than through the interface that is provided by ATFEM.
When You use the Website or Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:
i.belongs to another person and to which the User does not have any right to;
ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
iii.harms minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights of any people or any organisations;
v.violate any applicable laws or regulations for the time being in force within or outside India;
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person or entity;
viii.contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
ix.threatens the unity, integrity, defence, security or sovereignty of India, as well as its friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
x. is misleading in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline in India for the time being in force.
xi. engage in any activity that interferes with or disrupts access to the Website or the Services available through or at the Website and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.
xii. attempt to gain unauthorized access to any other user’s account, Website any portion or Feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of ATFEM connected with the Website to provide the Services. You shall not access the Website, Features or any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means or through automated means including robot, deep link, page scrape;
xiii. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor disrupt, interfere, breach the security or authentication measures on the Website or any network connected to the Website or cause any harm to the Website, system resources, servers of ATFEM connected to or accessible through the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of ATFEM, including any other Account on the Website not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
xiv. use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of ATFEM or other third parties;
xv. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
xvi. violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service or all the Services encompassed in this Agreement;
xvii. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of ATFEM or buyers/sellers on Website or otherwise.
ATFEM at all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of ATFEM, ATFEM determines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then ATFEM may either remove or edit or block such material without any notice.
Though ATFEM does not pre-screen the User Content, yet that ATFEM and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.
Notwithstanding the above-said right, you acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not ATFEM, is entirely responsible for all User Content that you have provided ATFEM with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledge and agree that these User Content does not necessarily reflect the views of the ATFEM nor ATFEM endorse any such User Content.
Further to this it is informed that ATFEM may share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore, it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.
Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. ATFEM does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.
You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not ATFEM, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.
ATFEM may from time to time, launch certain offers/coupons/deals known as “Scheme/s” for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
It is clarified that any Scheme provided by the ATFEM, unless otherwise provided, shall not be clubbed or combined with any other scheme available on Website. Further to this, ATFEM, depending upon the different circumstance, may suspend/cancel/vary the Scheme without any notice.
When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and ATFEM shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.
If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. ATFEM is not and shall not be obliged to provide any such additional services. ATFEM only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.
ATFEM strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by ATFEM and/or Seller. Please be aware that even if you do not give ATFEM, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
You may list or provide the details of Tractors and Implements (used/new) for selling to the prospective buyers as a Registered User of the Website.
You must be legally able to sell the Tractor and Implement(s) you list for sale on Our Website. Listings may only include text descriptions, graphics and pictures that describe your Tractor and Implement proposed for sale. All listed Tractors and Implements must be listed in an appropriate category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the Tractor and Implement listing or elsewhere on the Website is expressly prohibited and would be considered as a breach of this Agreement. All listed Tractors and Implements must be kept in stock for successful fulfilment of sales.
The listing description of the Tractor and Implement must not be misleading and must describe actual condition of the product. If the Tractor and Implement description does not match the actual condition of the tractor or Implement, you hereby agree to refund any amounts that you may have received from the Buyer.
You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement. In any such case, ATFEM may suspend Your Account or permanently debar you from accessing the Website.
As a Seller you shall certify that all information provided by you against your listed Tractor and Implement is true.
Dealers must should refrain from bribing/corrupting with any of the ATFEM’s employees or customers for undue benefit. Any such action/s will lead to suspension of Account and termination of Services.
Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.
ATFEM reserves its right to screen the listing of Tractors and Implements before publishing the same on the Website. This screening process is initiated from time to time to ensure the authenticity of the details posted by Seller. This screening may take some time and therefore listing of Seller Tractor or Implement may be delayed. If at any time, in sole discretion of the ATFEM, ATFEM determines that the particulars of the Tractor and Implement is misleading or not accurate, then ATFEM may remove such listing from the Website and can further take appropriate actions against the Seller.
If You buy or sell any Tractor or Implement by participating in Auction either offline or online, you acknowledge and agree to be bound by the terms and conditions of Auction sale, as may be applicable. These Auction sale terms and conditions shall be in addition to the terms and conditions of this Agreement. To participate in Auction, ATFEM may ask you to provide or execute some additional documents or may ask to deposit the security deposit.
12) Links to third party websites and third-party content:
Our Website may contain, hyperlinks to websites operated by parties other than KhetiGaadi or, third party information such as product, product description, catalogue, dealer’s details, news, videos and photographs and any other data made available by the third party also known as “Third Party Content”. The provisions of Third-Party Content are for general information purpose only.
ATFEM makes reasonable efforts to ensure that the details provided on our Website is accurate, however, ATFEM does not control such Third-Party Content and therefore shall not be responsible for any loss or damages resulting out of the use of Third-Party Content.
The inclusion of Third-Party Content to Our Websites does not imply KhetiGaadi's certification or endorsement of such websites nor any association with their operators. ATFEM or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third-Party Content of such other services or sites to which links are provided. A link to another service or website is not an endorsement of any products or services on such site or the Website. You shall be solely responsible for any or all the consequences that arise out of your use of such Third-Party Content or hyperlinks to other websites.
You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third-party websites pursuant to co branding agreements, and that it is the sole responsibility of each of those search engines, third-party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that ATFEM is not liable for the information published in search results or by any third-party website that carries ATFEM postings.
13) Fees & Payments:
Access to Website is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. However, ATFEM, reserves the right, and may levy certain charge and fees in the future. You agree to pay any such fee as may be applicable to the Services or Product that You avail and those communicated to you by the ATFEM.
Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
You shall be responsible for all Your Fee and Payment related obligations and ATFEM reserves the right to suspend the Services/Account or terminate the membership in case You do not fulfil Your payment related obligations in full. We also reserve the right to take legal action in case of non-payment of fees.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
ATFEM, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Website which includes banks, financial institution etc. You shall be responsible and abide by all rules/regulations/guidelines as issued and applicable to online payments.
When You make the payment through third party payment gateway, such third party process Your Payment to ATFEM, provided You comply with all applicable rules and regulations. ATFEM shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as ATFEM does not control such third parties.
14) License, Website Access & Modification
License and Website Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, ATFEM grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website, subject to the following conditions:
The license shall not include: (i) any resale or commercial use of this Website or its Contents; or (ii) any derivative use of this Website or its Contents;
You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Website to any other entity or individual.
No Contents or information on the Website may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical as well as otherwise. It is a condition of use of this Website that you do not restrict or inhibit any other user from using this Website.
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ATFEM and/or our affiliates without the express written consent of ATFEM. You may not use any meta tags or any other "hidden text" utilizing ATFEM’s name or trademarks without the express written consent of ATFEM.
Any software that is available on the Website is the property of ATFEM or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of ATFEM.
Any unauthorized use would result in termination of the permission and the license granted by ATFEM under this Agreement to you.
Modification: All information available on Website is made available to you on best efforts basis, however, ATFEM does not guarantee nor assume any responsibility for the correctness of such information/data. ATFEM reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information which includes but not limited to pricing, description and any other information etc. is found to be not up to date or incorrect, ATFEM reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that ATFEM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
15) Intellectual Property Right:
All text, graphics, audio, design and other works on the Website are the copyrighted works of ATFEM or its licensors. Content on the Website is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of KhetiGaadi and/or its affiliates or associates or of its third-party information providers.
Website may contain also contain certain trade-marks, logos or service marks (“Marks”). These Marks are the proprietary to the ATFEM or its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the ATFEM or its vendor or third party that own and control the Marks.
YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF WEBSITE OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT WEBSITE, NO RIGHT EITHER EMPRESS OR IMPLIED IS GRANTED TO YOU IN RESPECT OF SUCH CONTENT. ATFEM RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.
You further acknowledge and agree that You shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Website, in any way without obtaining the prior permission from ATFEM or its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.
It is clarified that any use of the Website, Content, Marks or other intellectual property rights of ATFEM, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of ATFEM or their respective third party, upon which ATFEM or third party may initiate the appropriate legal proceedings against the User.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ATFEM owns all intellectual property rights to and into the trademark "KhetiGaadi", and the Website, including and not limited, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions for which patents are pending, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO ATFEM.
16) Disclaimer of Warrant and Liability:
ALL CONTENT, USER CONTENT, THIRD PARTY CONTENT OR INFORMATION PERTAINING WEBSITE OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WHEN YOU ACCESS THE WEBSITE OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUG WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ATFEM AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:
A. THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
B. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
C. THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR
E. WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. ATFEM 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.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, ATFEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO WEBSITE, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS APPLICABLE TO INDIA FOR THE TIME BEING IN FORCE. ATFEM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.
ANY MATERIAL, CONTENTS, SOFTWARE OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL ATFEM IS NOT LIABLE ON THE AUTHENTICITY OF SUCH DATA/INFORMATION.
WITHOUT PREJUDICE TO THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ATFEM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS TO INDIA ATFEM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE WEBSITE FROM OTHER THIRD-PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER ATFEM NOR ANY THIRD-PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE WEBSITE TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE WEBSITE AS RECOMMENDED BY THIRD PARTY SERVICE PROVIDERS.
17) Indemnification and Limitation of Liability:
Indemnity: You agree to indemnify, defend and hold harmless ATFEM, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
ATFEM may notify You of any claims which You shall be liable to indemnify ATFEM against. You will then be required to consult with ATFEM regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of ATFEM without the express prior written consent of ATFEM which can be withheld or denied or conditioned by ATFEM in its sole discretion.
Limitation of Liability: ATFEM assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (b) Any interruption or errors in the operation of the Website.
Notwithstanding anything to contrary in the Agreement(s), in no event shall ATFEM, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not ATFEM 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 use of or access to the Website, Services, Content, User Content or Third Party Content.
18) Platform for Communication:
This Website is only a platform to facilitate the interaction between the Users of the Website and provided an opportunity to browse the products and Services and conclude the transactions. Hence, this Website works like an Intermediary only, who provides an online marketplace to its Users, in terms of Information Technology Act, 2000 and further as amended from time to time.
Therefore, ATFEM is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
a. All commercial/contractual terms are offered by and agree to between the Buyer and Seller alone.
b. ATFEM is not responsible for any non-performance or breach of any contract entered into between Users which includes Registered User or Guest User. ATFEM cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website.
c. You further agree and acknowledge that ATFEM is only a facilitator / aggregator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products/Services on the Website. ATFEM is not the seller of the products. Accordingly, any contract for the sale / purchase of products/Services on the Website is a bipartite contract between Buyer and Seller.
d. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
You release and indemnify ATFEM and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ATFEM cannot control the information provided by other Users which is made available on the Website. You may find another User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
In addition to this, and being an Intermediary, you acknowledge and agree that when You interact with ATFEM through Website or send any data/email/message or communicate otherwise, you are communicating with ATFEM through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.
19) Report Abuse & Your Feedback:
Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the ATFEM. ATFEM advises its Users not to use/send any such email. Any such reported instance will be investigated and ATFEM will take appropriate measures which may include taking legal steps, if required to stop such practices.
Your Feedback: When You share any feedback or post any comment including User Content on Website, it is deemed Non-Confidential. ATFEM is at liberty to use any such feedback or User Content and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) ATFEM is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) ATFEM may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from ATFEM for the feedback under any circumstances.
You and ATFEM each agree that any and all disputes or claims that have arisen, or may arise, between You and ATFEM relating in any way to, or arising out of this or previous versions of the Agreement, or any other documents incorporated herein by way of reference or your use of or access to ATFEM's Services, or any products or Services sold, offered, or purchased through ATFEM's Services shall be referred to the sole arbitrator who shall be an independent and neutral third party and shall be appointed by ATFEM.
The place of arbitration shall be Pune, Maharashtra, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 and other applicable Indian laws which will be further as amended from time to time.
A party who intends to seek arbitration must first send to the other, through an appropriate channel, a completed form in of Notice of Dispute or referred as" Notice". The Notice to ATFEM must be sent to the address identified under clause 21 (Miscellaneous).
Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email
On behalf of ATFEM to:
ATFEM KhetiGaadi Pvt. Ltd.
Address: 601, P3 Pentagon, Magarpatta, Hadapsar, Pune, Maharashtra 411028
On behalf of User to
By email or by sending a notice to the address which has been provided by you at the time of Registration or communicating with ATFEM or by general notification on the Website.
Assignment: 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. ATFEM’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by ATFEM to any third parties without the requirement of seeking Your prior consent. ATFEM shall have right to transfer Your Account and Account Information to a third party who purchases ATFEM’s business as conducted under the Website.
Severability: 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.
Contacting You: By accessing Our Website and/or availing any service or product at or through Our Website, You give Your consent to Us as well as our associate partners which includes Dealers, financial institutions etc. to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
22) Governing Law and Jurisdiction:
This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 20 (Arbitration) above, all disputes arising under this Agreement between You and ATFEM shall be subject to the exclusive jurisdiction of courts at Pune, Maharashtra, India.
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