These Terms of Use govern the use of the www.kapscars.com website ("Website"). The Website is owned and operated by Kaps Cars Pvt Ltd, incorporated under the Companies Act, 2013 with its registered office at Meenchanda MINI Bypass Road, Thiruvannur, Kozhikode, Kerala - 673029 (hereinafter referred to as "Kaps Cars" or "We" or "Us" or "Our"). For the purpose of these Terms of Use, wherever the context so requires, ("You" or "Your" or "Yourself" or "Buyer") shall mean a natural or legal person interested in purchasing motor vehicles that are listed on the Website and availing such other services made available by Kaps Cars (collectively referred to as the "Platform"). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the Platform.
THESE TERMS OF USE ARE SUBJECT TO REVISION BY US AT ANY TIME. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR REGISTERING, BROWSING, OR ACCESSING OR OTHERWISE USING THE PLATFORM. THE REVISED TERMS OF USE SHALL BE MADE AVAILABLE ON THE PLATFORM. YOU ARE REQUESTED TO VIEW THE MOST CURRENT TERMS OF USE. IT SHALL BE YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. WE MAY REQUIRE YOU TO PROVIDE YOUR DIRECT OR INDIRECT CONSENT TO ANY UPDATE IN A SPECIFIED MANNER BEFORE FURTHER USE OF THE PLATFORM. IF NO SUCH SEPARATE CONSENT IS SOUGHT, YOUR CONTINUED USE OF THE PLATFORM SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
REFERENCE TO MOTOR VEHICLES SHALL MEAN THE REFERENCE TO PRE-OWNED CARS ONLY UNLESS THE PLATFORM OFFERS SERVICES EXTENDED TO OTHER FORMS OF AUTOMOBILES IN WHICH CASE THE TERM AUTOMOBILES SHALL INCLUDE SUCH OTHER FORMS.
Use of the Platform is not available to minors under the age of eighteen (18) years and excludes persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872, including minors, undischarged insolvents, or any Users suspended or removed from the Platform by Kaps Cars for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India.
Kaps Cars reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account (defined hereunder) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
You may access and use the Platform either as a registered User or as a guest User. However, not all sections of the www.kapscars.com will be accessible to all guest users.
You can create a registered user account by providing Kaps Cars certain User information as requested by Us following which You can create a specific log-in ID and password (“Account”).
If You use the Platform, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide Us with are correct and complete and inform Us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided Us with in the Your Account area of the Platform. You agree and acknowledge that you will use your account on the Platform to make purchases only for your personal use and not for business purposes. Should you wish to order products for business purposes, please reach out to info@kapscars.com. Kaps Cars reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to You.
You may be required to provide certain personal information and We may collect certain personal information. Your provision of, and Kaps Cars’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Kaps Cars’s privacy policy, which is available at www.kapscars.com/privacy-policy ("Privacy Policy").
Subject to compliance with the Terms of Use, Kaps Cars grants You a non-exclusive, limited privilege to access and use this Platform and the Platform Services.
You agree to use the Platform Services, Platform, and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation, or generally accepted practices or guidelines.
You shall solely be responsible for Your employees, subcontractors, and representatives and all claims made in relation to or by Your employees, subcontractors, and representatives, and Kaps Cars shall not be responsible for them in any manner whatsoever.
You agree to not engage in activities that may adversely affect the use of the Platform by other Customers/Kaps Cars/registered trading partners.
You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by Kaps Cars. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform or Platform Services, You may be exposed to content from others (including but not limited to, Other Customers, registered trading partners, and other users/visitors) that You may consider offensive, indecent, or otherwise objectionable. Kaps Cars disclaims all liabilities arising in relation to such offensive content on the Platform.
If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility.
You hereby do and shall grant Kaps Cars a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform and Kaps Cars’s (and Kaps Cars’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. You represent and warrant that You have all rights to grant such licenses to Kaps Cars without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Defame, abuse, harass, threaten or otherwise violate the legal rights of others; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute, or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing, or otherwise unlawful in any manner whatever; or that 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;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; Engage in any activity that interferes with or disrupts access to the Platform or the Platform Services (or the servers and networks which are connected to the Platform);
Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Kaps Cars server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining, or any other illegitimate means;
Probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other user, registered trading partner, other Customer, of or visitor to, the Platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
The Platform, Platform Services, other services, and other materials are provided by Kaps Cars Pvt Ltd on an “AS IS” basis without any warranty of any kind, express, implied, statutory, or otherwise. This includes implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
(i) The Platform or Platform Services will meet your requirements or that your use of the Platform will be uninterrupted, timely, secure, or error-free.
(ii) The results obtained from the use of the Platform will be effective, accurate, or reliable.
(iii) The quality of the Platform or Platform Services will meet your expectations.
(iv) Any errors or defects in the Platform will be corrected.
No advice or information, whether oral or written, obtained by you from Kaps Cars Pvt Ltd or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.
Kaps Cars Pvt Ltd will have no liability related to any content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Kaps Cars Pvt Ltd also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any content.
Kaps Cars Pvt Ltd will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Platform or any Platform Services, either with or without your knowledge.
Kaps Cars Pvt Ltd has endeavored to ensure that all information on the Platform is correct, but Kaps Cars Pvt Ltd neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, or Platform Service. Kaps Cars Pvt Ltd shall not be responsible for delays, inability to use the Platform, or any information, software, functionalities, or related graphics obtained through the Platform. Kaps Cars Pvt Ltd shall not be held responsible for the non-availability of the Platform during maintenance operations or any unplanned suspension of access to the Platform.
You agree to indemnify, defend, and hold harmless Kaps Cars Pvt Ltd and its affiliates, including its officers, directors, consultants, agents, and employees (“Indemnitees”), from any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees) asserted against or incurred by the Indemnitees arising out of any breach or non-performance of any representation, warranty, covenant, or agreement made by you pursuant to these Terms of Use.
You also agree to hold the Indemnitees harmless against any claims made by any third party due to or arising out of your use of the Platform, violation of these Terms of Use, or any rights of another, including intellectual property rights.
In no event shall Kaps Cars Pvt Ltd, its officers, directors, consultants, agents, and employees be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether foreseeable or not, arising out of or in connection with your use of or access to the Platform or Platform Services.
You agree that Kaps Cars Pvt Ltd may, in its sole discretion and without prior notice, terminate your access to the Platform for cause, delist you, and block your future access if Kaps Cars Pvt Ltd determines that you have violated these Terms of Use.
Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Kaps Cars Pvt Ltd, for which monetary damages would be inadequate. You consent to Kaps Cars Pvt Ltd obtaining any injunctive or equitable relief deemed necessary.
The Platform supports transactions and services, including providing a marketplace for buyers to view and purchase motor vehicles and related services from registered trading partners.
Kaps Cars Pvt Ltd may add, modify, or remove any Platform Services from time to time without notice. You agree to any additional terms for new or modified services.
Kaps Cars Pvt Ltd acts only as a facilitator between buyers and registered trading partners. The agreement for sale and support services is solely between the buyer and the trading partner.
Kaps Cars Pvt Ltd does not independently verify the credentials of trading partners and is not responsible for the accuracy or completeness of information provided by them.
The approximate cost of services displayed on the Platform is indicative only and may vary.
Any service booked through the Platform cannot be canceled or modified by you once accepted by the trading partner. Refunds for cancellations will be processed within 5-7 working days.
Kaps Cars Pvt Ltd is not responsible for the quality, completeness, or timeliness of services provided by trading partners.
You may terminate your agreement with Kaps Cars Pvt Ltd by notifying them to close your account. Termination will take effect 30 days after receipt of such notice.
Kaps Cars Pvt Ltd may terminate or suspend your account at any time for breaches of the Terms of Use or other reasons.
These Terms of Use shall be governed by the laws of India, and all disputes shall be subject to the exclusive jurisdiction of the Courts at Delhi, India. Report Abuse
Report any abuse or violation of these Terms of Use or objectionable content to info@kapscars.com. Communications
By using the Platform, you agree to receive communications from Kaps Cars Pvt Ltd via SMS and email. You can unsubscribe by emailing support@kapscars.com.
Notices from Kaps Cars Pvt Ltd will be served by email or general notification on the Platform. Notices to Kaps Cars Pvt Ltd should be sent to info@kapscars.com with the subject line "Attention: TERMS OF USE."
You cannot transfer the Terms of Use to any third party. Kaps Cars Pvt Ltd may transfer its rights under these Terms of Use without seeking your consent.
If any provision is found to be unenforceable, it will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force.
Any feedback you provide on the Platform is non-confidential, and Kaps Cars Pvt Ltd has the right to use it on an unrestricted basis.