TERMS & CONDITIONS

Anatman Services Private Limited (the “Company”, “we”, “us” or “our”) owns and operates this website that allows users to sell pre-owned cars. These terms and conditions (“Terms”) shall govern the use or access to the Website and Services (as defined below).These Terms constitute a binding and enforceable legal contract between the Company and the user of the website (“you, your or user”). Capitalised terms, unless defined herein, shall have the meaning ascribed to them under the Privacy Policy. No information provided on the Website shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record for the purpose of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder. These Terms do not require any digital or electronic signature. You must not modify the paper or digital copies of any materials you have printed, or downloaded from, our Websites in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to the Terms, you must not access this Website.

Who are we and what do we do?
The Company is engaged in the business of trading in pre-owned vehicle(s)and providing services incidental and ancillary thereto. The Website is owned and managed by the Company. Please read the Terms to acquaint yourself of the practices of the Company, with regard to your use of the domain and subdomains of our Website, which includes only the domains and subdomains being operated by the Company and does not include the domains or subdomains licensed out by the Company. It is acknowledged by you that upon being redirected to, or opening a domain which is not owned or operated by the Company, you are bound by the terms of use of that third party domain or subdomain irrespective of whether it is licensed by the Company to a third party. We endeavor to make the process of trading in pre-owned vehicle(s) an amazing and hassle-free experience for our customers. We hereby clarify that the Services mentioned on the Website are subject to availability. The Company reserves the right to modify, amend and/or alter the said Service(s) based on its sole discretion and no such Services shall be deemed to be any offer or acceptance by the Company unless the same are accepted by the Company separately in writing through its authorized representatives.

Damage by customer during Home Test drive or pre-purchase
Customer is liable to pay for the costs arising out of damage to car during test-drive at home or other damages before purchase of the car.

Third Party Services
The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided the services and acknowledge that use of such Third-Party Services is solely at your own risk.
The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including the accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

On-Boarding
You would need to create a profile/sign-up on the Website using your email ID and phone number, among other details. You warrant that all information furnished by you is and shall remain accurate and true in all respects. You further agree and undertake to promptly update your details on the Website in the event of any change or modification of such details.
You are solely responsible for maintaining the security and confidentiality of your username and password and agree to immediately notify the Company in writing to us of any disclosure or unauthorized use of your Profile or any other breach of security with respect to your Profile.
You expressly agree to be liable and accountable for all activities that take place through you in furtherance of the use of the Website or otherwise. The Company expressly excludes any liability for any unauthorised access to your details.
To conclude the transaction on the website, you would be required to (i) share your contact details with the Company for correspondence and communication; (ii) meet as per mutually agreed date, time, and place for taking delivery of the vehicle agreed upon; (iii) specifically acknowledge that you will be making the payment of the vehicle and taking delivery thereof of the vehicle on “as is where is” basis; (iv) pay costs for any other ancillary services availed through the Company; (v) agree that the photos on the Website are to the best of manual ability and that if you wish to, you can view the vehicle in person to gauge the actual condition of the vehicle; (vi) agree to pay to the Company a refundable token amount for the selected vehicle ; (vii) provide the following documents with the requisite buyer transaction form to the Company with the token amount for authentication and identification purposes: (a) Proof of possession of the Aadhaar; (b) PAN; (c) Voter ID; (d) Bank Account Statement; (e) Photograph; (f) Stamped Form 34 (in case of loan applicants); (vii) pay the tax collected at source for any sale exceeding INR 10 lacs under section 206 C of the Income Tax Act 1961 at 1%, which shall be collected from the buyer over and above the final buyer price; (viii) pay the tax collected at source exceeding INR 50 Lacs at 0.1%, which shall be collected from the buyer over and above the final buyer price; (ix) acknowledge that in the event a loan is availed from any partners of/ through the Company, the processing time for such a loan shall be 21 working days from the date of application ; (x) acknowledge that in case of loan defaults, loan rejections due to discrepancies at the buyer’s end or incorrect / insufficient information furnished or non-cooperation by the buyer for verification/ validation of documents/ premises, etc. on account of the buyer, the complete token amount might be forfeited subject to the discretion of the Company (xi) acknowledge that any misbehavior or improper conduct by the buyer shall be unacceptable and might lead to cancellation of the transaction and potential legal actions; (xii) the buyer agrees that the Company shall not be liable for any refurbishment of the vehicle owing to the company policies. The Company shall not entertain any request for cancellation post the successful delivery of the vehicle.

Ancillary Services
The Company may, through third-party/companies or individuals, its affiliates/partners or not assist in arranging the value-added services such as transfer of ownership of the vehicle (“RC Transfer”) services, motor insurance, consumer finance facility along with credit protection insurance cover, third-party services, Vehicle health tracking services, Vehicle refurbishing services, etc from time to time. You acknowledge and unconditionally agree that third party is, directly and independently, providing the ancillary services as per the terms agreed between you and the third party. The Company do not control/provide such services in any manner as these are directly provided by the third party and such third party may charge such amounts as may be agreed between you and the third party. The services may include ancillary services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk.
The Company makes no representations and hereby expressly excludes and disclaims any and all warranties and liabilities arising out of or pertaining to such Third-Party Services, including any implied warranties of merchantability, usage of trade, quality, accuracy or completeness, fitness for a particular purpose, course of dealings, quiet enjoyment or non-infringement. Further, all intellectual property rights in and to third-party services are the property of the respective third parties.

Limitation of Liability
Company does not hold any liability for any occurrence of any mishap while using the Website or availing any Ancillary or third party services resulting in any material or human damage. You understand and agree that Company shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Company had been advised of the possibility of such damages), resulting from or relating to the Websites, whether based on warranty, contract, tort, or any other legal theory. Notwithstanding anything to the contrary contained herein or elsewhere, Company’s total liability for any user’s claim which may arise out of entering into the transaction with the Company through the use or access of the Website shall be limited up to the amount paid by the user at the time of purchasing the vehicle giving rise to such claim.

Term & Termination
These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
The Company may terminate your access to or use of the Website, immediately and at any point, at its sole discretion if the user violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
Upon termination, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Website, all amounts or outstanding monies due by you in relation to your transaction/s with the Company shall become immediately payable.

Disclaimers & Warranties
The use of the Website and all contents is at your sole risk. To the extent permitted by applicable law, the Website and all contents are provided on an “as is” and “as available” basis. The Company does not warrant that operation of the Website and all contents will be uninterrupted or error free.
To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Website and all contents, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, the Company, its affiliates, licensor, its related parties or suppliers, each disclaim all liability to you for any loss or damage arising out of or due to:
your use of inability to use, or availability or unavailability of the Website and all contents.
the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to and from communications failure, theft, destruction or unauthorised access to the Company’s records, programs, services, server, or other infrastructure relating to the Website and all contents; or
Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates, licensor, related parties or suppliers shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising in connection with the Website and its contents.

Force Majeure
Notwithstanding any other provision in these Terms, the Company shall not be held liable for any failure or delay in its performance under these Terms which is the result of a Force Majeure Event. A Force Majeure Event means any event beyond the Company’s reasonable control, which by its nature could not have been foreseen, unavoidable, including without limitation, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, epidemic, pandemic, strikes, lockouts, lockdown, work stoppages or labour difficulties, supplier failures, acts of war, national emergencies, or governmental acts.

Indemnity
You agree to indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, suppliers’ licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, losses, liabilities, damages and costs (including, without limitation, attorneys’ fees) resulting from your breach use of these Terms.

Consent to use data
You agree that the Company, licensor, suppliers and any third-party service providers may, in accordance with its privacy policy, collect and use your information and technical data and related information.
The Company may use information and data pertaining to your use of the Website for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Website and share the same to its affiliates and service providers to enhance your experience on the Website or provisions of related services and other usages, all of which would help us to provide content tailored to the interests of the customers. You provide your consent to such use and sharing of your information.
Subject to applicable laws, the Company may disclose your information/data if it is directed by law or to comply with legal process/government request.

Fees/Charges
The Company reserves the right to charge a convenience fee for any transaction, ancillary services and related activities and non-payment may result in denial of such transaction and/or action under applicable law.

Modification
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without cause. The Company shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

Jurisdiction, Governing laws & Dispute resolution
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bengaluru shall have exclusive jurisdiction over all issues arising out of these Terms. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

PRIVACY POLICY

This privacy policy ("Policy") sets-out the policy regarding the collection, store, use, disclosure, handling and transfer of your personal information by Company and/or any of its affiliate(s) (collectively, "Company" "we" "us" or "our") that operates this Website and the corresponding mobile site and mobile application thereof, as well as the Google assistant bot (collectively, "Website"). This Policy form’s part and parcel of the Terms of Use applicable to the use of the Website and should be read in conjunction with the Terms of Use. Capitalized terms which have been used here but not defined shall have the same meaning as attributed to them in the Terms of Use. The Company firmly believes in the highest standards of integrity in relation to the personal information including the sensitive personal information or data provided by its customers/users ("you" or "yours" or "user") at the time of interaction with the Company, and otherwise.

General
The Company values your privacy and commits to protect information disclosed by you in the course of accessing, using or transacting on the Website. Please read the Policy to understand the practices of the Company specifically regarding how Company treats the information disclosed by you by using the domain and subdomains of the Website. You acknowledge that upon being redirected to or opening a domain / subdomain which is not owned by or licensed to us, you will be bound by the privacy policy and terms of that third party domain / subdomain. The Company shall not be liable to any claims arising out of your use or access of said domain / subdomain.

You agree that you accept the terms of this Policy by accessing or using the Website, in any manner. In the event you do not wish to be bound by this Policy, you have a choice, which is free from any coercion or undue influence, to not access or use the Website.

Your Consent
We request you to carefully read this Policy and Terms of Use before using or accessing the Website or sharing your personal information with us. By browsing, visiting, accessing and/or using the Website (or searching for any of the pages on the Website), you explicitly give your unconditional consent and agree to this Policy. You also agree that the information furnished by you is lawful, true and correct and does not violate or infringe any laws. No liability pertaining to the authenticity, genuineness, misrepresentation, fraud and/or negligence, etc. of the information disclosed shall lie on the Company nor will the Company in any way be responsible to verify any information provided by you. You also give your consent and agree that we may use your email address and phone number in the ordinary course of business for marketing, non-marketing or administrative purposes (such as notifying you of major changes, for customer service purposes, providing information about updates to our Services, billing, etc.)

Information
This Privacy Policy applies to:

Personal information:
To access, avail, purchase or transact for the products (including vehicles) available on the Website, you will be required to provide certain personal information, including sensitive personal data or information, including for the registration process on the Website. Such information may include your name, age, date of birth, gender, address, email address, phone number, account number of the Users, KYC details, financial information and any other such information . The information as supplied by you enables us to share specific products (including vehicles) that we believe may suit your requirements and improve the Website browsing experience and provide you with the most user-friendly experience. You have the right to review and correct / amend any information provided by you for any reason, including if it is incorrect or incomplete. The Company reserves the right to retain information provided by you, for a duration as may be necessary for lawful purposes as specified under this Policy or as required by applicable law. You may be assured that we do not share this data with any third party except in accordance with this Policy or applicable law. Any personal information provided by you (including information contained in Post(s)) will not be considered as sensitive personal data or information if it is freely available and / or accessible in the public domain or is not deemed as sensitive personal data or information under applicable law. You have the right to refuse and not share any personal information sought by the Company. In such a case where you do not share the information or consent to use the information, we retain the right to not provide products to you, for which personal information was sought. We will not be liable and/or responsible for denial of access or use of the Website, or products on the Website to you due to not receiving necessary information from you. We occasionally may ask users on Website to complete online surveys and opinion polls about their activities, attitudes, and interests. These surveys help us serve you better and improve the usefulness of the Website. In conducting these surveys, we may ask you for your name and email address. We do not keep any personal information about you in connection with your participation in any survey, unless you specifically agree to provide that information. You can send certain content to your friends. To do so, we ask you to provide your name and your friend’s email address. We use this information to send the content to your friend. When you register on the Website, we may (at our discretion) contact you, from time to time, about updation of your information.

Non- Personal information:
Non-Personal information, viz. type of internet browser and operating system used, domain name of the Website from which you came, number of visits, average time spent on the site/mobile application, pages viewed etc. may be picked up automatically and without explicitly being provided by you, but during your interaction with the Website by use of certain technologies, such as Cookies and Web Beacons. Additionally, we collect your device's connection to the internet, including your IP address, when you visit our Website. We automatically receive and log information from the Website and/or your browser including but not limited to IP address, your device or computer's name, and your operating system. We may also collect log Information from your device, including but not limited to your location, IP address, your device's name, device's serial number or unique identification number (e.g. UDID on your iOS device, Android ID or ADID on your Android Device), browser type and version, CPU speed, and connection speed etc. To improve the responsiveness of the Website for you, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a user identification (User ID) to understand the user's individual interests using the identified computer. By continuing to visit the Website, you are agreeing to the use of cookies and similar technologies for the purposes described in this Policy. If you prefer not to receive cookies or web beacons, then you should consider not using the Website, or consult your browsing and third-party cookie settings. We use cookies and other technologies for analysing and optimising our Websites as well as for marketing purposes. Our partners may also assign their own cookies to your browser, a process that we do not control. However, you may set or amend your web browsers to delete or disable cookies. Disabling cookies on a computer or mobile telecommunication device may impair, degrade or restrict access to certain areas of the Site. Temporary cookies may be cleared by quitting the browser. However, you shall have to use the “clear cookies” functionality of your browser to ensure deletion of your profile.

Types of information received by the Company
The following type of information about you may be collected and processed by the Company: (i) information about your internet connection and mobile device; (ii) equipment used by you to browse the Website; (iii) your usage details in respect of the Website; (iv) Internet Protocol (IP) details/ address; (v) your current location, device location, device information, communication information to provide customized offerings; (vi) computer operating system; (vii) preferences and settings such as time zone and language; (viii) account / user Information, as mentioned in the personal information section of this this Policy, gender, and any other information sought by the Website at the time of your making an account with the Company, or obtaining a quote from the Website; (ix) your searches, the results you selected from the search and other activities; (x) your browsing information (browsing length, details of online ads viewed by you); and (xi) your transactional information, entered by you on the Website. Please note that the above-mentioned list is only illustrative, and is by no means, exhaustive. Further, any user-generated content such as reviews, blogs, testimonials etc. shall be treated by the Company as its own.

Third Party Integration
You may access the Website through third-party Websites over which the Company has no control. You may optionally provide the Company with the information through third-party sign-in services such as Facebook, Pinterest, Twitter, Instagram, and Google Plus etc. In such cases, the Company fetches and stores whatever information is made available to the Company by you through these sign-in services. The Company reserves its rights to use information provided by you in consonance with all relevant laws and guidelines. Further, it is clarified that while your usage of the Website, you might see the links to the third-party Websites / advertisements / electronic communication service, which are provided by the third parties. As operations of the third party is not under control of the Company, therefore the Company does not make any endorsement / guarantee of any service or product offered through such third party Websites nor make any representation related to the privacy policy or other policies of such third party. Any usage of such third party Website or availing any service or product through such third parties shall be at your risk and the Company is not responsible for any loss / damage or otherwise. It is recommended that you should review the terms & conditions of use and policy of such third-party Websites prior to using such Websites.

Public Posts
As part of our services, you may provide your reviews, feedback, comments, ratings, photos, etc. on the public groups or social media platforms (“Post(s)”). The Company retains an unconditional right to remove and delete any Post or such part of the Post that, in the opinion of the Company, is false, mala fide and misrepresenting. All Posts shall be publicly accessible and visible to all users and therefore, you should be careful about revealing any sensitive details about yourself in such Posts. The Company reserves the right to use and reproduce your Posts for lawful purposes. Further, the Company may share your Posts with the service providers, businesses or any other third party for any such lawful purposes. If you delete your Posts from any of the public groups and/or social media platforms, copies of such Posts may remain viewable in archived pages, or such Posts may have been copied or stored by any other user(s) of that public group and/or social media platforms.

Opting Out
You may choose to opt out of receiving promotional emails from the Company by following the instructions in those emails. If you opt out, the Company may still send you non-promotional emails, such as emails about your account. Additionally, you have the right to withdraw the consent provided by you at any time, in accordance with the terms of this Policy. However, please note that withdrawal of consent will not be retroactive. If you’d like us to delete information that you have provided to us, please contact our grievance redressal officer, and we will respond in a reasonable time, and within one month from the date of receipt of your grievance. Please note that the Website has no responsibility to take down, remove, or edit any of your public activities or any submissions that are a result of your public activities. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal information where such collection, use and disclose without consent is permitted or required under applicable laws. How the Company uses and shares the information collected.

Purposes of Information Use
The Company uses the information collected from and about you for a variety of purposes, including:(i) processing and responding to your queries;
(ii) to protect and improve the Website;
(iii) to understand you (and what you do on our Website, what features you like, how you use them, etc.), and to improve content and features of the Website (such as by personalizing content to your interests), processing and completing your transactions, and making special offers;
(iv) update you about the significant changes to our services, Terms of Service and this Policy;
(v) verifying your identity, including profile information;
(vi) evaluating, developing and improving the Company’s products and services, and / or developing new features;
(vii) for carrying out market and product analysis and market research, including analysis for the development and improvement of our products and services including, diagnostics and treatment protocols;
(viii) sending you communications that you have requested or that may be of interest to you, including other products, services or offers of the Company or any affiliate companies;
(ix) sending you questions that you may be able to answer if you are a registered user, or have scheduled an appointment at a Company location or branch or for self- inspection opted by you or a home inspection at an address specified by you;
(x) sending you information about your Vehicle pursuant to your visit to a Company’s branch or location or a self-Inspection opted by You or a home inspection at an address specified by you;
(xi) enabling and filtering advertisements that are relevant to you;
(xii) generating and reviewing reports and data about, and to conduct research on, Company user base and service usage patterns;
(xiii) administering contests and sweepstakes;
(xiv) providing you and improve customer support;
(xv) providing you with notices about your account;
(xvi) internal purposes such as internal training, quality auditing, data analysis and research relating to Company’s services;
(xvii) carrying out our legal obligations and enforcing rights arising from any contracts entered into between you and the Company, including for billing and collection;
(xviii) For disclosure as required to government authorities in compliance with applicable law;
(xix) carrying out our obligations that arise out of all relevant statute in relation to your Vehicle, and in relation to your transaction and interaction with the Company;
(xx) for investigating, and resolving any disputes or grievances in relation its products and services;
(xxi) any other purpose as may be required under applicable law;
(xxii) facilitating your participation in interactive features offered by the Company;
(xxiii) granting you opportunities to avail special offers/vouchers being offered by third parties for you, being a customer of the Company;
(xxiv) handling enquiries and complaints in relation to its products or services;
(xxv) enabling the Company to display advertisements to its advertisers’ target audiences; and
(xxvi) sharing relevant information with group companies or other affiliated entities as well as with alliance partners / channel partners / business associates or associates (“Partners”) to provide perks and convenience to you.
By agreeing to this Policy, the Company and the Partners thereof, if any, will consider you as an interested user and will use the details submitted by you to contact you and give a customized experience to you.