Terms & Conditions

By registering with www.autocater.com (hereinafter referred to as "the website"), you are hereby confirming that you have read these terms and conditions and agree to abide by the same. By accessing Automaker’s website or services and/or by clicking "I agree", you agree to be bound by these terms and conditions (hereinafter referred to as "T&C") which constitute you’re binding obligations towards WizzKidd Online Trading Pvt. Ltd. (hereinafter referred to as "Autocater" or "we" or "us"). These T&C are effective when you buy/sell any automobile by using any services offered by Autocater.

Access to the Website is subject to the following T&C’s. Please take the time to read through these before continuing to use the Website. On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that applies to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the new terms and conditions.

We may amend the T&C at any time by posting the amended terms on the Website. All amended terms shall automatically become effective within three (3) days of it being posted on the Website and any subsequent use of the Website shall be governed by such amended terms. In addition, we will notify you in accordance with your notification preferences. You are advised to regularly check for any amendments or updates to the terms and conditions. If any clause of the T&C 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 T&C.

You must read, agree with and accept all of the terms and conditions contained herein and Automaker’s Privacy Policy.

  • 1. CONTENT

    In consideration of our agreeing to permit you to use the Website to search our database of vehicles/automobiles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.

    The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

    The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action. The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

  • 2. MEMBERSHIP ELIGIBILITY

    Full use of the Website is available only to such competent persons who can form legally binding contracts with Autocater under the applicable laws. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. The Website is not available to persons whose membership has been suspended or terminated by Autocater. If you are registering as a business entity, you represent that you have the authority to bind the entity to these T&C.

  • 3. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

    If you use the Website, you are responsible for maintaining the confidentiality of your account like email ID, Password, etc. and you agree to accept responsibility for all activities that occur under your account or Password.

    To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

    To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

    Autocater has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these T&C. Autocater has the right to indefinitely suspend or terminate your membership and refuse to provide you with access and services of the Website. The deletion of advertisements by Autocater will not release the participant from payment of fees and additional costs.

  • 4.ELECTRONIC COMMUNICATIONS

    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, emails, disclosures and other communications that we provide to you electronically satisfy any legal requirement as long as such communications be in writing.

  • 5. FEES AND SERVICES

    Registration on the Website is free. Autocater does not charge any fee for browsing on the Website. Autocater charges listing fee to all sellers and other special listing fees based on the customised packages chosen by the sellers who use the special listing feature(s)/ spotlight ads/ features ads available for listing their automobiles on the website. Before you list an automobile for sale through the Website, we request you to review our fee structure posted on Website, which is hereby incorporated by reference into this T&C. However, Autocater reserves the right to change its fee structure and credit policies from time to time at its own discretion. In particular, Autocater may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Autocater reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee structure and credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. 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. Autocater 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 Autocater. Autocater also reserves the right to take legal action in case of non-payment of fees by you to Autocater if you have availed the services of the Website.

  • 6. USE OF THE WEBSITE

    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 (1) any information you provide to us or (2) to the other users of the Website 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 automobile you list on the Website):

      • Shall not be false, inaccurate or misleading
      • Shall not be fraudulent or involve the sale of counterfeit or stolen automobiles ;
      • Shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any automobile , 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 supply us with Your Information so we can use it for the purpose of the Website and agree that we are not violating any rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Autocater will only use Your Information in accordance with these T&C and Automaker’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 automobile dealers or potential buyers).Further, you acknowledge, authorize and consent to Autocater sharing your information with 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 on the Website (including Autocater) and that you will always be compliant with the Autocaters Privacy Policy.

    • (d) You represent and confirm that you shall be the sole and exclusive legal owner of all automobiles, goods or products of any description that you wish to offer for sale on the Website or shall have complete rights with respect to such automobiles, goods or products bestowed on you by the legal owner of such automobiles goods or products in writing and you will have the full authority in law to deal in and offer for sale such automobiles , goods or products.

    • (e) In the event that any transaction or attempted transaction relating to any automobile, good or service which is violative of these T&C or applicable law comes to your knowledge, you shall take all steps to inform Autocater of the same. You may contact Autocater by sending mail to contactus@autocater.com

    • (f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any automobile/product/goods or services being sold or purchased on the Website.

    • (g) From time to time, you shall be responsible for providing information relating to the automobiles or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such automobiles or services so as to mislead other Users in any manner.

    • (h) You will not disclose your contact details like phone number, address, email address in the buying or listing process, other than the specified place in the form, or anywhere on the Website including the feedback area, discussion forum or through any e-mail feature to bypass Autocater.

    • (i) 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 -

      • belongs to another person and to which you do not have any right to;
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      • May harm minors in any way;
      • Infringes any patent, trademark, copyright or other third party proprietary rights;
      • violates any law for the time being in force;
      • Deceives or misleads Autocater, Website and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • Impersonate any other person;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
      • Threatens the unity, integrity, defence, security or sovereignty of India, 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 any other nation.

  • 7. PLATFORM FOR COMMUNICATION

    The Website is only a venue and platform where Users may meet and interact with one another for their transactions and trading. Autocater is not and cannot be a party to or control in any manner any transaction or trading between two Users of the Website. Consequently :

    • (a) Autocater is not responsible for any non-performance or breach of any contract entered into between Users. Autocater cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Autocater shall not and is not required to mediate or resolve any dispute or disagreement between Users. Autocater will not be responsible if the User provides wrong information based on which the transaction has taken place/concluded.
    • (b) Autocater does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the automobiles or services proposed to be sold or purchased on the Website. In particular, Autocater does not implicitly or explicitly support or endorse the sale or purchase of any automobiles or services on the Website. Autocater accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    • (c) Autocater 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 in that behalf.
    • (d) The Website is a channel of communication whereby the Users can reach a larger base to buy and sell automobile or associated services. Autocater is only providing a platform for communication and it is agreed that the contract for sale of any of the automobile(s)/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 automobiles vest with Autocater nor shall Autocater have any obligations or liabilities in respect of such contract. Autocater is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of automobiles which are out of stock or otherwise unavailable. Autocater is not responsible for non-delivery or delayed delivery of vehicles or unsatisfactory condition of purchased vehicles, and any such issue shall be taken up by the buyer with the seller directly. Buyer and seller shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc.
    • (e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, loan etc. with the other Users that you transact with.
    • (f) You agree to release and indemnify Autocater and/or any of its officers and representatives from any cost, damage, liability or other consequence arising out of any breach of these T&C committed by you, and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Autocater 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.
  • 8. PRIVACY

    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. 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. 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. 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.

  • 9. BREACH

    Without limiting other remedies, Autocater may limit your activity and/or immediately end your listing and/or warn other Users of your actions and/or immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website:

    • (a) If you breach these T&C or the documents it incorporates by reference;
    • (b) If Autocater is unable to verify or authenticate any information you provide; or
    • (c) If it is believed that your actions may cause legal liability for you, other Users or Autocater; or
    • (d) If you breach any term on the Automaker’s website or these T&C or Privacy policy or any applicable law/notification.

      Autocater 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 Autocater or use the Website in any manner whatsoever until such time that such User is reinstated by Autocater. Notwithstanding the foregoing, if you breach these T&C or the documents it incorporates by reference, Autocater reserves the right to recover any damages and amounts due and owing by you to Autocater and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

  • 10.ACCEPTANCE OF PRIVACY POLICY & TERMS AND CONDITIONS

    By using Automaker’s Website/services, you signify your acceptance of Automaker’s Privacy Policy & Terms and Conditions. If you do not agree or are not comfortable with any policy described therein, your only remedy is to discontinue use of Automata’s website. We reserve the right, to modify Privacy Policy at any time.

  • 11.BUYING

    Autocater strongly advises you not to test the Website with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Will fully entering erroneous or fictitious purchase request may result in prosecution by Autocater. Please be aware that even if you do not give Autocater your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. When you accept the offer of the seller, you agree to purchase a vehicle at a price and on such terms, as required by the Seller.

  • 12.SELLING

    As a registered member, you may list your automobile for sale on the Website. You must be legally able to sell the automobile(s) you list for sale on our Website. Listings may only include text descriptions, graphics, pictures and videos that describe your Automobile for sale. All listed automobiles 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 listing or elsewhere on the Website other than in the Form is expressly prohibited and would be considered as a breach of these T&C. The listing description of the automobile must not be misleading and must describe actual condition of the product. If the automobile description does not match the actual condition of the automobile, 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 against your listed automobile is true. When you offer a vehicle for sale through this Site, you must be prepared to sell that vehicle at the price at which, and the terms on which, you have listed it. Individual seller can list as many automobiles as desired on the payment of applicable special package fees. Listing should be genuine and should not amount to scams.

    Though Autocater can't monitor every transaction that originates on this Website, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over this are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them; and those who choose to buy the said vehicles, as capable of buying and abide by the terms of this agreement.

    By using our "Sell Your Vehicle" service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller/buyer is engaging in "bait and switch" or other unfair or deceptive practices, Autocater reserves the right to deny that seller /buyer the use of this Site.

  • 13.NO WARRANTY

    Autocater and its officers render advertising services on the Website "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own sole risk.

  • 14.LIMITATION OF LIABILITY

    In no event shall Autocater or its suppliers 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 arising out of or in connection with the Website, its services or these T&C (however arising, including negligence). Autocater is not involved in the relationship between the seller and the potential buyer in anyway.

    Any agreements following from an advertisement being placed on Autocater will be concluded without involvement or participation of Autocater. Buyer shall perform his own due diligence while buying from seller and shall ensure transfer of registration. Autocater shall not be responsible in any manner in this regard.

    Automaker’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Autocater.Autocater,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, Autocater assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

    • (i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or
    • (ii) Any interruption or errors in the operation of the Website. You expressly understand and agree that Autocater 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 Autocater has been advised of the possibility of such damages).

    Further, we give no warranties, conditions, guarantees or representations, express or implied, as to:-

    • (i) The completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
    • (ii) the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
    • (iii) The completeness of the results of any search of our database or that the vehicles selected by the search are the only vehicles on our database which might meet the searcher's requirements.

    The Website publishes advertisements placed by third parties to advertise their vehicles and other goods and/or services. We do not own the vehicles or goods advertised for sale on the Website and have no liability for these or for any losses that you may incur as a result of purchasing a vehicle, goods and/or any services advertised by third parties. If you choose to purchase a vehicle, goods and/or services advertised for sale by third parties on the Website, the contract will be between you and the third party advertiser and not with us.

  • 15.INDEMNITY

    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of this T&C or the documents it incorporates by reference, or your use of the Website or your violation of any law or the rights of a third party.

  • 16.RELATIONSHIP AND NOTICE

    None of the provisions of these T&C shall be deemed to constitute a partnership or agency between you and Autocater and you shall have no authority to bind Autocater in any manner whatsoever.

    Except as explicitly stated otherwise, any notices shall be given by an email to contactus@autocater.com, (in the case of Autocater) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

  • 17.THIRD PARTY CONTENT AND SERVICES

    Autocater may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. Autocater makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

    Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

  • 18.ARBITRATION

    If any dispute arises between you and Autocater during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this T&C , the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party to be nominated by Autocater. The place and venue of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

  • 19.GOVERNING LAW

    These T&C shall be governed and construed exclusively in accordance with the laws of India.

  • 20.COPYRIGHT INFRINGEMENT

    Autocater is not liable for any infringement of copyright arising out of materials posted on or transmitted through the website, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the website, you may contact us on contactus@autocater.com

    We request you to please provide the following information in your complaint:-

    • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
    • Identification of the copyrighted work claimed to have been infringed.
    • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
    • The address, telephone number or e-mail address of the complaining party.
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
    • A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.