1.1. Viaana Autotech (“Huvi Cars” or “we” or “us” or “our”) owns and operates the website https://www.HuviCars.com/ and its mobile applications (“Website”);
1.2. This Terms of Service (the or this or these "Terms") govern your use of Huvi Cars's Website;
1.3. These Terms constitute a binding and enforceable legal contract between the Huvi Cars and the user of the Website (“you” or “your” or “user” or “member”).
1.4. The Website is engaged in the business of trading products, and providing services related to the automobile industry including sale and purchase of new and pre-owned vehicles, the Website also acts as a venue to allow its users who comply with these Terms to offer, sell, and buy pre-owned vehicle(s) (“Services”).
1.5. No information provided on the Website shall be considered a substitute for your independent investigation.
1.6. 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.
1.7. You must read, agree with and accept all of the Terms and the Website’s Privacy Policy, before you may become a user of the Website. The Website’s Privacy Policy may be viewed by clicking on the following link: Privacy Policy
1.8. Please read the Terms carefully and contact us if you have any questions;
2.1. By using the Website, filling out any of the forms on the Website, signing up for a free or paid membership, or using our Services in any other way, you agree to follow and be bound by these Terms, which include (but are not limited to) the Privacy Policy.
2.2. If you do not agree to these Terms and Privacy Policy, you must not access the Website or use the Services.
2.3. Persons who are "Incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged, and insolvent, are not eligible and should not use the Website.
2.4. Full use of the Website is available only to the persons who can form legally binding contracts with Huvi Cars and are in compliance with the Terms, Privacy Policy, and all applicable laws.
2.5. The Website is not available to users whose membership has been suspended or terminated by Huvi Cars. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
2.6. When you create an account on the Website, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
2.7. Huvi Cars may amend the Terms at any time by posting the amended terms on the Website. All amended terms shall automatically become effective thirty (30) days after they are posted on the Website and any subsequent use of the Website shall be governed by such amended terms.
2.8. By accepting these Terms, you also agree that your use of websites of our subsidiaries and affiliates shall be governed by the terms and conditions and the privacy policy posted on those websites.
2.9. If any clause of these Terms 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 Terms.
2.10. These Terms may not be otherwise amended except in writing and signed by you and Huvi Cars.
2.11. You are advised to regularly check for any amendments or updates to the Terms.
3.1. Huvi Cars is in the business of trading products, and providing Services related to new and pre-owned vehicle(s), as well as incidental and ancillary Services, via its Website.
3.2. The Website also acts as a venue to allow its users who comply with these Terms to offer, sell, and buy pre-owned vehicle(s).
3.3. Please read the Terms to acquaint yourself of the practices of the Huvi Cars, with regard to your use of the domain, subdomains, and mobile applications of our Website, which includes only the domain, subdomains, and mobile applications being operated by the Huvi Cars and do not include the domain, subdomains, and mobile applications licensed out by the Huvi Cars. It is acknowledged by you that upon being redirected to or opening a domain that is not owned or operated by the Huvi Cars, you are bound by the terms of use of that third-party domain or subdomain, irrespective of whether it is licensed by the Huvi Cars to a third party.
3.4. We endeavor to make the process of trading in pre-owned vehicle(s) an amazing and hassle-free experience for our users.
3.5. We hereby clarify that the Services mentioned on the Website are subject to availability. For specific price information, terms applicable, program and product information, please contact our customer care at 900-420-9366 or email us at huvicars@gmail.com.
4.1. To avail the Services, you would be required to sign-up/register on the Website (“Profile”) using your email ID and phone number, among other details.
4.2. If you use and register on the Website, you are solely responsible for maintaining the confidentiality of your Profile including username, email id, password, phone number and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Profile or password. You agree to:
a. Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Website (such information being the "Registration Data"); and
b. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Huvi Cars has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, Huvi Cars has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
c. Immediately notify Huvi Cars in writing at huvicars@gmail.com of any disclosure or unauthorized use of your Profile or any other breach of security with respect to your Registration Data.
d. Be liable and accountable for all activities that take place through your Profile in furtherance of the use of the Website or the Service provided or otherwise. Huvi Cars expressly disclaims any responsibility for unauthorized access to your profile.
4.3. You agree to receive communications from the Huvi Cars regarding:
a. information relating to transactions recorded on the Website;
b. requests for payment;
c. information about the Huvi Cars and the Services;
d. promotional offers and Services from the Huvi Cars and its third-party partners; and
e. any other matter in relation to the Services.
5.1. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
a. "Your Information" is defined as any information you provide to us or to the other users of the Website (those users "Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
b. Your Information (or details of any vehicles you list on the Website):
i. shall not be false, inaccurate or misleading;
ii. shall not be fraudulent or involve the sale of counterfeit or stolen vehicles;
iii. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and
iv. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any car, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
c. You agree to provide us with Your Information in order for us to use it for the purposes of the Website, and you agree that we are not infringing on any rights you may have in Your Information. Hence, you agree to give us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the copyright, publicity, and database rights (but no other rights) you have in Your Information in any media now known or not yet known with respect to Your Information.
d. Huvi Cars will only use Your Information in accordance with the Terms and Website's Privacy Policy. You hereby understand and agree that the Website may use your information to identify potential members of the Website with whom you may have a beneficial relationship (including car dealers or potential buyers). Further, you acknowledge, authorize and consent to Huvi Cars for sharing your information with car dealers or potential buyers, as the case may be in the course of its business. You further acknowledge and agree that you will not share any sensitive personal data or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, on the Website with any participant in the Website (including Huvi Cars) and that you will always be compliant with the Huvi Cars's Privacy Policy.
e. You represent and confirm that you shall be the sole and exclusive legal owner of all vehicles, goods or products of any description that you wish to offer for sale on the Website or of such vehicles, goods or products in writing and you will have the full authority in law to deal in and offer for sale such vehicles, goods or products.
f. In the event that any transaction or attempted transaction relating to any vehicle, goods or Service which is violative of this Terms or applicable law comes to your knowledge, you shall take all steps to inform Huvi Cars of the same. You may contact Huvi Cars by sending mail to huvicars@gmail.com.
g. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any vehicle or Services being sold or purchased on the Website.
h. From time to time, you shall be responsible for providing information relating to the vehicles or Services you propose to sell. In this connection, you undertake that all such information will be accurate in all respects. You must not exaggerate or overemphasize the attributes of such vehicles or Services in order to mislead other Users.
i. You won't give out your contact information, like your phone number, address, or email address, anywhere on the Website except where it's asked for in the form, whether you're buying or selling a car or listing one. This includes the feedback area, the discussion forum, and any email feature that lets you get around Huvi Cars.
5.2. You further agree, undertake and confirm that while providing Your Information on the Website you shall not host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which you do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. may harm minors in any way;
d. infringes any patent, trademark, copyright or other third-party proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads Huvi Cars, Website and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate any other person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
i. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
6.1. Huvi Cars strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name or other false personal information to purchase something. Wilfully entering erroneous or fictitious purchase requests may result in prosecution by Huvi Cars. Please be aware that even if you do not give Huvi Cars your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
6.2. It is not permitted to submit a lead or to enquire against a used car listing on Huvi Cars for any other purpose than contacting the seller with the intent of purchasing the vehicle. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on Huvi Cars by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another Website, brokering, match-making with other buyers, or purchase for resale.
6.3. Hivu Cars is not involved in any way for the products, and Service listings posted by the Users of the Website, hence has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
7.1. As a registered user, you may list vehicles for sale on the Website. You must be legally able to sell the vehicle(s) you list for sale on the Website. Listings may only include text descriptions, videos, graphics and pictures that describe your vehicle for sale. All listed vehicles 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 car listing or elsewhere on the Website other than in the sell vehicle form is expressly prohibited and would be considered as a breach of the Terms. All listed vehicles must be kept in stock for successful fulfillment of sales.
7.2. The listing description of the vehicle must not be misleading and must describe the actual condition of the product. If the vehicle description does not match the actual condition of the vehicle, you agree to refund any amounts that you may have received from the buyer. As a seller you certify that all information provided by you for your listed vehicle is true.
8.1. If you buy or sell any vehicle by participating in the Auction (offline or online) (“Auction”), you acknowledge and agree to be bound by the terms and conditions of the Auction sale, as applicable. The terms and conditions for Auction sales shall be in addition to these Terms. To participate in the Auction, Huvi Cars may ask you to provide or execute some additional documents or to deposit the security deposit.
9.1. Huvi Cars does not charge any fee for browsing on the Website, and becoming a user of the Website is free.
9.2. Huvi Cars may charge listing fees from sellers, and special listing fees from sellers who use the special listing feature(s) for listing their vehicles. Before you list a vehicle for sale through the Website, we request you to review our fees.
9.3. Huvi Cars reserves the right to change its fee charging and credit policies from time to time.
9.4. In particular, Huvi Cars may at its sole discretion introduce new Services and modify some or all of the existing Services offered in the Website. In such an event Huvi Cars reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be.
9.5. Changes to the fee charging and credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
9.6. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
9.7. 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 etc. levied thereon.
9.8. Huvi Cars reserves the right to issue a warning, temporarily / indefinitely suspend, or terminate your membership and refuse to provide you with access to the Website in case of non-payment of fees by you to Huvi Cars.
9.9. Huvi Cars also reserves the right to take legal action in case of non-payment of fees by you to Huvi Cars.
10.1. The Website is only a venue where Users may meet and interact with one another for their transactions. Huvi Cars is not and cannot be a party to or control in any manner any transaction between two Users of the Website, and consequently:
a. Huvi Cars is not responsible for any non-performance or breach of any contract entered into between Users. Huvi Cars cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Huvi Cars shall not and is not required to mediate or resolve any dispute or disagreement between Users.
b. Huvi Cars doesn't make any claims or guarantees about the vehicles or Services that will be sold or bought on the Website, including their quality, value, and condition. In particular, Huvi Cars does not support or recommend the sale or purchase of any vehicles or Services on the Website, either directly or indirectly. Huvi Cars is not responsible for any mistakes or omissions made by itself, by its Users, or by other third parties.
c. Huvi Cars does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment on that behalf.
d. The Website is a channel of communication whereby the Users can reach a larger base to buy and sell vehicles or associated Services. Huvi Cars is only providing a platform for communication and it is agreed that the contract for sale of any of the products or Services shall be a strictly bipartite contract between the seller and the winning buyer. At no time shall any right, title or interest over the vehicles vest with Huvi Cars nor shall Huvi Cars have any obligations or liabilities in respect of such contract. Huvi Cars is not responsible for unsatisfactory or delayed performance of Services or damages or delays as a result of vehicles which are out of stock or otherwise unavailable. All vehicles are offered only for a restricted time and only for the available supply.
e. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
f. You release and indemnify Huvi Cars and/or any of its officers, associates, successors, assigns, licensors, employees, owners, agents, and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding reasonable efforts on this behalf, Huvi Cars cannot control the information provided by other Users which is made available on the Website. You may find other 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 pretense.
g. By using Huvi Cars and filling any form on our Website, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our Services, imparting product knowledge, offering promotional offers listed on the Website & offers offered by the associated third parties, regardless of your DNC or DND status.
11.1. 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.
11.2. The Huvi Cars 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.
12.1. When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13.1. We do not disclose your personal information to third parties for their marketing purposes without your explicit consent and we only use and disclose Your Information as described in the Privacy Policy.
13.2. We view protection of Users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets.
13.3. You acknowledge and agree that Your Information and including any personal information would need to be provided by you to other Users through the Website when you seek to transact with such Users on the Website.
13.4. You further agree that we have no control over the recipient Users of Your Information since such Users are selected by you when you choose to interact or transact with them.
13.5. Subject to applicable laws, the Huvi Cars may be directed by law enforcement agencies, the government, and related bodies to disclose data about users in connection with criminal proceedings. You understand and agree that Huvi Cars has the right to share this information with the appropriate agencies or bodies in this case.
14.1. You agree that the Huvi Cars and any third-party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information.
14.2. The Huvi Cars may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Website and transfer the same to its group companies and service providers in furtherance of your access to these Services. You provide your consent to such use and sharing of your information.
15.1. All text, video, graphics, audio, design and other works on the Website are the copyrighted works of Huvi Cars 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 Huvi Cars and/or its affiliates or associates or of its third-party information providers.
15.2. The Website may also contain certain trade-marks, logos or service marks (“Marks”). These Marks are proprietary to the Huvi Cars or its vendors/seller or its users, or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the Huvi Cars or its vendor or its user or the third party that owns and controls the Marks.
15.3. You acknowledge and agree that through your use of the Website or by availing any Services through or at the Website, no right (empress or implied) is granted to you in respect of such content. Huvi Cars reserves the right to change or modify the content from time to time at its sole discretion.
15.4. You further acknowledge and agree that you shall not 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 the Huvi Cars or its vendors/seller or its users, or respective third parties, or its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed by Huvi Cars, and its vendors/seller or its users, or respective third parties.
15.5. It is clarified that any use of the Website, Marks, content, or other intellectual property rights of Huvi Cars in contravention of these Terms or any applicable law shall constitute an infringement of such intellectual property rights of Huvi Cars or their respective third parties, upon which Huvi Cars or the third party may initiate the appropriate legal proceedings against the user.
15.6. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Huvi Cars owns all intellectual property rights to and into the trademark "Huvi Cars", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, videos, graphics, icons, and hyperlinks.
15.7. All rights not expressly granted hereunder to the user, are reserved exclusively to the Huvi Cars.
16.1. Without limiting other remedies, Huvi Cars may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website:
a. If you breach the Terms or the documents it incorporates by reference;
b. If Huvi Cars is unable to verify or authenticate any information you provide; or
c. If you breach any Terms of the Website or Privacy Policy or any applicable law/notification.
16.2. Huvi Cars may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Huvi Cars or use the Website in any manner whatsoever until such time that such User is reinstated by Huvi Cars.
16.3. Notwithstanding anything to the contrary contained herein, if you breach the Terms, Huvi Cars reserves the right to recover any damages and amounts due and owing by you to Huvi Cars and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
17.1. Huvi Cars and its suppliers provide the Website and Services on "as is" and “as available” only.
17.2. To the fullest extent permissible under applicable law, the Huvi Cars expressly disclaims all warranties of any kind, express or implied, arising out of the Services, 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;
17.3. You expressly agree that your use of the Website is at your own sole risk;
17.4. The Huvi Cars does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements;
17.5. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Huvi Cars shall have absolutely no liability with respect to the same;
17.6. To the fullest extent permissible by law, the Huvi Cars, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
a. your use of or inability to use, or availability or unavailability of the Services, including any Third-Party Services;
b. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the Huvi Cars’s records, programs, services, server, or other infrastructure relating to the Services; or
c. the failure of the Services to remain operational for any period of time.
17.7. Notwithstanding anything to the contrary contained herein, neither the Huvi Cars nor any of its affiliates or related parties 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 or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Huvi Cars, its affiliated and subsidiary companies, its parent companies, and each of their owners, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
18.1. Huvi Cars, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Huvi Cars 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; and/or
b. for any mishap resulting from your use of our Services that causes financial, material, or human damage; and/or
c. Any interruption or errors in the operation of the Website. You expressly understand and agree that Huvi Cars shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Huvi Cars had been told about the possibility of such damages), resulting from or relating to the Website, including the mobile applications, whether based on warranty, contract, tort, or any other legal theory.
18.2. Notwithstanding anything to the contrary contained herein, the Huvi Cars's total liability in any circumstance is limited to the amount of fees, if any, paid by you to Huvi Cars at the time of availing the Service giving rise to such claim.
18.3. All claims/complaints arising from and in connection with the use of our Services shall be promptly submitted or reported to the Huvi Cars and or/ its Partners within thirty (30) days of the consumption of such Services. Any claim or complaint that is submitted / reported after the expiry of such 30 days may be rejected, and the claimant will forfeit the right to claim any damage, cost or compensation.
19.1. You agree to indemnify, and defend at the Huvi Cars’s option, and hold the Huvi Cars, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, owners, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your use of the Website or the Services provided, including any violation of these Terms or any infringement by you of any third party right or on account of any third party who may use your account with the Huvi Cars.
20.1. None of the provisions of the Terms shall be deemed to constitute a partnership, joint venture, association of persons, or agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Huvi Cars and you shall have no authority to bind Huvi Cars in any manner whatsoever.
20.2. Except as explicitly stated otherwise, any notices shall be given by postal mail to Huvi Cars, c/o Viaana Autotech, #1, Laxmi Niwas, Near Railway Booking Office, Near Bus Depot, Chendni, Thane East, District Thane, Maharashtra - 400603, and at huvicars@gmail.com (in the case of Huvi Cars);
20.3. or to the email address you provide to us during the registration process (in your case);
20.4. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
21.1. Huvi Cars advises its users not to post or upload anything which is abuse of the Website or violates any of these Terms.
21.2. Huvi Cars also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. If you come across any such instance of abuse of violation or any content which is objectionable content or further if you believe that any material / information / post / feedback is infringement of any intellectual property right of you or any other person, you shall inform the same to Huvi Cars and Huvi Cars is committed to take appropriate action including validation of your information and remove / modify the content (if necessary), which is in breach of the Terms or any other applicable law.
21.3. Email Abuse and Threat Policy - Private communication, including email correspondence, is not regulated by the Huvi Cars. Huvi Cars advises its users not to use or send any such email. Any such reported instance will be investigated and Huvi Cars will take appropriate measures (including legal steps, if required) to stop such practices.
21.4. Your Feedback - When you share any feedback or post any comment (including user content) on the Website, it is deemed Non-Confidential. Huvi Cars is free to use any feedback or user content like this, and you agree to the following:
a. your feedback does not contain confidential or proprietary information of you or of third parties;
b. Huvi Cars is not under any obligation of confidentiality, express or implied, with respect to the feedback;
c. Huvi Cars may have something similar to the feedback already under consideration or in development; and
d. you are not entitled to any compensation or reimbursement of any kind from Huvi Cars for the feedback under any circumstances.
22.1. Modification - The Huvi Cars 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 Huvi Cars shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
22.2. Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable, if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22.3. Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Huvi Cars’s prior written consent. The Huvi Cars may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Huvi Cars may assign its rights to any of its subsidiaries, affiliates, associates, assigns, licensors, employees, owners, agents, representatives, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
22.4. Third Party Rights - No third party shall have any rights to enforce any Terms contained herein.
23.1. Users can file their complaints regarding violation of the Information Technology Act, 2000 and rules prescribed thereunder, or any other matter pertaining to Website, with Grievance Officer of Huvi Cars on the contact information specified herein below:
Name: Mr. Hundraj Haryani
Contact Number: 900-420-9366
E-mail: huvicars@gmail.com
Working Days: Monday to Friday
Working Hours: 10:00 am to 6:00 pm
24.1. 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 Thane (Maharashtra State) shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
24.2. Any controversies, conflicts, disputes, or differences arising out of these Terms, the Huvi Cars and the user (hereinafter individually referred to as the “Party”, and collectively as the “Parties”) shall first attempt to resolve the dispute amicably.
24.3. In case of failure of the Parties to settle such differences amicably within fifteen (15) days, the Huvi Cars shall be entitled to refer the dispute to the arbitration.
24.4. The Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act of 1996, as amended from time to time.
a. The dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Huvi Cars.
b. The venue of the arbitration shall be in Thane (Maharashtra State).
c. The proceedings shall be conducted in the English language.
d. The arbitration award shall be final and binding on both the Parties.
e. Each Party to the arbitration shall bear its own costs with respect to any dispute.
f. 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.