Our Terms

TERMS AND CONDITIONS FOR CarpleX

CarpleX India Private Limited ( the “Company”, “We”, “Us” “CarpleX” ) owns and operates this website www.carplexindia.com and in app progressive mobile application (collectively referred to as the “Platform”) that allows users to purchase and sale of pre-owned/used cars from its partners. These terms and conditions (“Terms and Conditions”) shall govern the use or access to the Platform and Services.

These Terms and Conditions constitute a binding and enforceable legal contract between CarpleX and the user of the Platform (“You”, “Your” or “User”).

These Terms and Conditions apply to Your use of the Platform whether through a computer or a mobile phone, availing any Services, reaching out to our customer care for availing or inquiring about the Services. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Kindly read and understand these Terms and Conditions carefully. If these Terms and Conditions are not acceptable to You or You are not eligible to accept these Terms and Conditions or avail the Services provided by us under the applicable laws, please do not proceed. By accepting the Terms and Conditions including by way of clicking on “I Accept” button or using the Services (either expressly or impliedly), You agree to be bound by these Terms and Conditions. Your agreement to these user terms shall operate as a binding agreement between You and CarpleX in respect of the use and Services of the Platform.

Your acceptance of the Terms and Conditions shall be deemed to include your acceptance of the Privacy Policy available at privacy policy . By accepting these Terms and Conditions, You also allow CarpleX to send you promotional emails and SMS alerts from time to time. Accordingly, please read and understand Privacy Policy as well.

You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the applicable laws. For avoidance of doubt, applicable laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.

If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this Terms and Conditions due to age, You must abide by such age limits.

The Platform facilitates trading of pre-owned vehicles in convenient and hassle free manner from our partners and/or avail any other supplemental services offered or may be offered including through third parties (hereinafter referred to as “Services”). We or our affiliates may facilitate in providing You the Services through our partners or third parties.

CarpleX reserves the right to modify, amend and/or alter the Services listed on the Platform, based on its sole discretion and no such Services shall be deemed to be an offer or acceptance by us, unless the same are accepted separately in writing through our authorized representatives. All pre-owned vehicles on our Platform are up for sale, subject to availability. Valuations provided at your request are prima facie quotations arrived at, on the basis of the information provided by you and are subject to change on further inspection of the vehicle.

Services

As part of its Services, CarpleX shall act as an aggregator for vehicle e-commerce, whereby, Users may be allowed to visit, search catalogue, book test drive, buy or sell used vehicles.

CarpleX shall facilitate the Services through Platform. In case You choose to buy/ sell on CarpleX, You may click on such options on the Site and upload require documents or details required, as the case may be. Based on the information collected, CarpleX may either approve and process your request further or deny the same.

By using the Platform or the Services, You further agree that:

• (i) You will only use the Services or use the Platform for Your sole, personal use and will not resell or assign it to a third party.
• (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization
• (iii) You will not use the Service or Platform for unlawful purposes.
• (iv) You will not try to harm the Services, Platform or our network in any way whatsoever.
• (v) You will provide CarpleX with such information and documents which CarpleX may reasonably request.
• (vi) You will only use an authorized network to avail the Service.
• (vii) You will comply with all applicable law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Platform or Service.
• (viii) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified there under.

CarpleX reserves the right to immediately terminate the Services and the use of the Platform in the event of non-compliance with any of the above requirements. Further, CarpleX will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform CarpleX on any change in the information provided by You.

You agree to grant CarpleX a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT CARPLEX TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

Buyer obligations

Any User, who buys used vehicles after visiting the Platform, does so solely at his/ her own discretion.

You understand and acknowledge that details available on the Platform is available on an as is basis and only for Your information. You agree that the vehicles listed on the Platform or their description including images may not exactly match the actual condition of the vehicle and CarpleX shall not be responsible for the same. If at any time, CarpleX in its sole discretion determines that the particulars of the vehicles are misleading or not accurate, then CarpleX may remove such listing from the Platform.

You acknowledge and agree that any information including actual price of any Service/vehicle may vary from the price listed on our Platform and therefore, You shall alone, and not CarpleX, be responsible for any such changed pricing, any additional cost, if incurred by You or any other information.

By paying the booking amount for vehicle you may wish to reserve the same. However, if you fail to make the full and final payment for the vehicle within period of 7 days of paying the booking amount, You will lose the reservation and the vehicle will be available for purchase to other Users.

Please note that the booking amount paid by You is refundable should you decide not to purchase the vehicle. These Terms and Conditions do not create an obligation on You to purchase or sell a vehicle from Us and does not create an obligation on our partners to sell the vehicle or purchaser to buy vehicles from You.

When You avail any Services using our Platform, You shall be responsible for completing and verification of the document part as per applicable laws and We shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.

CarpleX may from time to time, launch certain offers/coupons/deals for promotion of its Platform. You note and understand that these offers/coupons/deals may be valid for a limited term only and shall be strictly governed by such terms and conditions as may be applicable at the time.

Seller Obligation

In case You intend to sell a vehicle using CarpleX Platform You also agree to

• (a) share all Vehicle Information that may be sought.
• (b) You shall provide valid and correct information and may include text descriptions, graphics and pictures that describe such vehicle, accurately.
• (c) You voluntarily certify that all information provided by you against your listed vehicle is true to the best of your knowledge.
• (d) You will fully co-operate with CarpleX for completion of any verification or documentation as may be required, before concluding the sale.

You shall ensure that You are allowed to sell the vehicles, being listed on the Platform. The listing description of the vehicles must not be misleading and must describe actual condition of the vehicle. If at any point before the sale of your vehicle or after the sale of such vehicle, the description is proved to be wrong or does not match the actual condition of the vehicle, You agree to refund any amounts that You may have received from the buyer. You shall not post Your contact details on Platform by soliciting business offline.

Payments

You shall be responsible for Your payment related obligations. We reserve the right to suspend the Services if You do not fulfil Your payment related obligations in full. You agree that You shall not use on Our Platform the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You. CarpleX reserves the right to levy any Platform access/use fee in future and You agree to pay any such fee as may be applicable.

After payment of the booking amount, if you fail to make the full and final payment for the vehicle within period of 7 days of paying booking amount, You will lose the reservation and the vehicle will be available for purchase to other Users.

When You make the payment through the payment gateway, such payment gateway process Your payment and You comply with all applicable rules and regulations. We shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.).

Conflict

In the event of any contradiction or inconsistency between this Terms and Conditions and any other agreement executed between You and CarpleX, the terms of the Terms and Conditions shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this Terms and Conditions.

Modifications

CarpleX reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms and Conditions, or change, suspend, block, discontinue or restrict your use to all or any feature of the Platform or Service at any time.

CarpleX shall not be required to notify You of any changes made to these Terms and Conditions. The revised Terms and Conditions shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current Terms and Conditions.

Force Majeure

We shall not be liable for any failure to perform any obligations under these Terms and Conditions, if the performance is prevented, hindered or delayed by a force majeure event (i.e. any event arising due to any cause beyond the reasonable control of CarpleX) and in such case our obligations under this Terms and Conditions shall be suspended for so long as the force majeure event continues.

Indemnification

By accepting these Terms and Conditions and using the Services, You agree that You shall defend, indemnify and hold CarpleX, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection.

Notice

CarpleX may give notice by means of a general notice on the Services or Platform, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in CarpleX’s account information.

You may contact CarpleX by electronic mail at Our email address weforyou@carplexindia.com or by written communication sent by regular mail to Our address at Plot No. 24/1150, NH- 16, Pahal, Near Pal Heights Mantra, Bhubaneswar, Odisha - 752101.

Assignment

You shall not assign your rights under these Terms and conditions without prior written approval of CarpleX. CarpleX can assign its rights under the Terms and Conditions to any affiliate.

Applicable Law and Dispute Resolution

These Terms and Conditions are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of CarpleX as CarpleX may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by CarpleX and You. The place of the arbitration shall be Bhubaneswar, unless otherwise mutually agreed by CarpleX and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bhubaneswar.

Communication Policy

You agree that CarpleX or its affiliates can and may communicate with you via phone calls, SMS, E-Mails/Whatsapp and/or any other method including for promotional purposes & CarpleX or its affiliates will not be liable to You and/or any other authority for such an act. If your number is registered with Do Not Call (DNC) and/or Do Not Disturb (DND) service you hereby authorize CarpleX or its affiliates to communicate with you via telephone calls, SMS, E-Mails/Whatsapp and/or any other method and You will not in any case hold CarpleX or its affiliates liable for any communication in this regard.