TERMS OF SERVICE

PLEASE REVIEW THESE TERMS OF SERVICE (THIS “AGREEMENT OR TERMS OF USE”) OFFERED BY CAR FAYDA. WHICH MEANS AND
INCLUDES, SUCESSORS, EXECUTORS, ADMINISTERES AND ASSIGNS (“AFFILIATES”). THE FEATURES, PRODUCTS, CONTENTS OR APPLICATIONS OFFERED FROM TIME TO TIME BY CAR FAYDA IN CONNECTION THEREWITH (COLLECTIVELY KNOWN AS “SERVICE”).

WHILE AVAILAING THE SERVICES, “YOU”/ “USER”/ “CUSTOMER” (WHICH MEANS AND INCLUDES AN INDIVIDUAL WHO ACCESSES CAR FAYDA AND ITS AFFILIATES WHETHER AUTHENTICATED USER OR A NON-AUTHENTICATED VISITOR) AGREE TO COMPLY WITH EACH AND EVERY TERMS AND CONDITIONS AS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.

1. SERVICES- All the Service is offered herein is subject to automatic acceptance by Customer without modification of all terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be posted from time to time on Car Fayda and its affiliates sites, domain, sub-domain, subdirectory and applications.
   1. Acceptance of Service- By using the Service, User agrees to comply with the Terms of Use. User agrees to conform to any applicable posted guidelines for such Service, which may change from time to time. User understands and agrees that Car Fayda is solely responsible for reviewing these Terms from time to time. Should User object to any terms or conditions, any guideline, or any subsequent changes thereto or become unhappy with Car Fayda and its affiliates in any way, User’s only choice is to immediately discontinue use of Car Fayda or its affiliate. These Terms may be updated by Car Fayda at any time at its sole discretion. Car Fayda may send User notice of changes to the Website or the Terms pursuant to applicable law. User, outside their geographical area, understands and agrees that User will utilize the Service in compliance with any applicable laws, regulations, and guidelines that may be under the jurisdiction.
   2. Policies and Procedures. Subject to the terms and conditions set forth herein, and in any rules, policies and procedures posted on Car Fayda and its affiliate site, domain, sub-domain, subdirectory, products or applications (the “Rules”), Car Fayda will use commercially reasonable efforts to provide User with the Services. This Agreement and the Rules may be modified by Car Fayda from time to time, which modifications shall become effective once posted.
   3. Access to the Services.
      i. Customer Accounts. Customer, either individual (to be least eighteen (18) years old) or entity may avail the services.
2. BUSINESS MODULE
   1. Refurb – Car Fayda helps in beautification process, it helps the Car Dealers to sell their cars quickly and easily and helping them in earning high margins. Thus, Car Fayda professionally guides the Sellers (registered car owners) and helps them in getting their car refurbished at efficient prices so that their cars can be sold easily, quickly and as well as at best prices.
   2. Direct Connect – Direct Connect serves as the essence of the concept of Car Fayda. With this policy, Car Fayda helps a Seller (registered car owner) to directly sell their car to the end buyer (consumer), under the professional guidance of Car Fayda at “Mean Price” or “Magic Price” which is 1.5 % per deal. With the help of this policy, there will be no involvement of tax along with hassle free smooth procedures (like Direct payment to the car owner by end buyer, RC Transfer, on table face to face deal etc.).
   3. Minimum Selling Price (MSP) – It is the price which Car Fayda offers to the seller (car owner) as the on-spot price with instant payment facility and car will be procured by Car Fayda instantly.
3. BILLING & CANCELLATION MODULE
   1. Online Payment– buyer (consumer) needs to pay the entire invoice during the deal and both seller (car owner) and buyer (consumer) needs to pay 1.5% of deal value to Car Fayda. Once the advance has been paid by the buyer to the seller, the charges of Car Fayda become accrued to both the parties. Payment can be made in the following modes: Online Payment: (1) Credit card mode; (2) Debit card mode; or (3) Online bank wire. Upon payment, an online receipt shall be generated and sent to the Customer on its e-mail address and
      Whatsapp phone number.
   2. Cancellation Policy– If any of the parties back out from the deal after giving/receiving advance, Car Fayda shall not be held liable to solve any dispute arising out of this situation or any similar situation. Also, in such of situation, any amount taken by Car Fayda to provide any form of service, shall stand forfeited in any case possible.
   3. Cancellation of Subscription –No cancellation or refund shall be entertained by Car Fayda. Furthermore, no cancellation or refund shall be entertained or given in the event of non-providing of mandatory document as mandated by Transport Authority. Customer undertakes not to claim any damages, cost, or penalty from Car Fayda for the aforesaid deficiency of documents/s.
   4. Third Party Usage – Customer cannot create any third-party interest or thirdparty rights in the deal or the service plan of Car Fayda, nor the amount paid by the Customer to Car Fayda be adjusted or transferred for third party service.
4. CUSTOMER’S PROFILE:
   1. Profile- Car Fayda allows the customer to create its profile by uploading car owner’s name, address, mobile number, email address, car photographs, color, make, model, variant, fuel type, registration date, manufacturing date, type of ownership, insurance status and history of vehicle which the Customer choses to disclose at the time of uploading the car photographs and information in Car Fayda.
   2. Prohibition of Third-Party Profile- Though, Car Fayda allows the customer to upload end number of vehicles in its profile, subject to be the owner of the vehicles. Meaning thereby, Customer is not allowed to post third party’s vehicle in its profile or impersonate any person or entity, or falsely state or otherwise misrepresent it’s affiliation with a person or entity.
   3. Due Diligence of the Profile- Car Fayda reserves the right to review any information/data uploaded by Customer at Car Fayda site and delete any information/data that is inconsistent with these Terms of Use.
   4. a) Prohibition of Unrelated Post- Car Fayda prohibits any form of publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 offence or prevents investigation of any offence or is insulting any other nation. Upload files, photographs that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Car Fayda’s 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). Upload files that contain software or other material protected by applicable intellectual property laws unless Customer own or control the rights thereto or have received all necessary consents.
5. DECLARATION OF CUSTOMER’S PROFILE: It is mandatory for the customer to read and accept the following declaration form by clicking the “check box” of the form for successful uploading of customer’s vehicle information:

   “Customer consents that the information provided, and photographs uploaded in Car Fayda are true and correct and Customer is 18+ years, and well conversant and competent to read the present Declaration and click the check box.

   Customer further consents that the information provided, and photographs uploaded in Car Fayda pertains to his/her own vehicle and Customer is not uploading any stranger or third party’s information and vehicle photographs or any stolen or tampered information and vehicle photographs.

   Customer consents that the usage of profile, disclosure, information, and documents to Car Fayda’s is solely in connection with its provision of the Services. Otherwise, Customer profile, information and documents will be dealt with high degree of Confidentiality. All the information related to Customer’s billing and credit card information will be added to, and submitted and stored by, a third-party payment processor. Customer understands Car Fayda will not have access to any such information and agrees that any loss or damages arising from such third-party payment processor’s acts will not be Car Fayda’s responsibility, as the same will not fall under the ambit of Customer Information.”

6. REQUIREMENTS OF DEAL: During the deal, Car Fayda collects certain personal information and documents from Customer, which usually includes, but not limited to, contact information, Original RC, Insurance, Bank NOC, Form 35(2), both keys, Forms 29(2), 30(2), 26(2), 28(3) duly signed and KYC self attested, passport size photos (2), Service book, service records, original invoice of the vehicle at the time of purchase, Toolkit, any warranty certificate any other documents related to the said vehicle. In case car is on some firms
   or company’s name, three letter heads, company pan card, company GST certificate, MOA mentioning the name of the person signing the forms and other docs, as authorized signatory and any other document required to get the RC transferred. Also, buyer shall provide his KYC self attested, passport size photo (2), form 30(2) duly signed and in case company/firm being the buyer then company pan card, GST certificate, MOA, electricity bill, and other document required to get the RC transfer. (The “Customer Information and Documents”).
7. RESPONSIBILITY
   1. Car Fayda Responsibilities. Car Fayda and its affiliates shall provide standard customer support for the Services at no additional charge. Customer support is available by contacting Car Fayda ’s support center by email (______________), Monday through Friday, from 9:00 AM to 6:00 PM, except on national holidays.
   2. Customer Responsibilities. Customer will: (i) be responsible for compliance with all terms and conditions set forth herein; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and/or Authorized Users; and (iii) use the Services in accordance with all applicable terms and conditions and all applicable laws and government rules and
      regulations, more particularly of Ministry of Road, Transport& Highways, Government of India (including without limitation, anti-spam and unsolicited email laws).
8. PROPRIETARY RIGHTS- Customer acknowledges that, as between Car Fayda and Customer, Car Fayda owns all right, title and interest in and to the Software and the Services, including, without limitation, all India and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Customer hereby acknowledges and agrees that except as otherwise expressly set forth herein, Car Fayda and its affiliates own all exclusive rights to the site, domain, subdomain, subdirectory, products, logo, content, data, patent, trademark, applications, including, without limitation, the look, feel, layout and organization.
9. THIRD PARTY CONTENT. Third Party Content and Linked Sites exclude Car Fayda’s affiliate site, domain, sub-domain, sub-directory, products or application). The Services facilitates (a) certain transactions between Car Fayda and third party including their advertisers, affiliates and sponsors of the site. In connection therewith, Customer acknowledges and agrees that: (i) Car Fayda does not have any ownership rights in and to the third party content and linked sites; (ii) Customer is solely responsible to comply with all applicable laws and regulations and does not violate any term, condition, rule, procedure, policy or other guideline published by such third party content and linked sites; and (iii) the Car Fayda does not infringe on, misappropriate or otherwise violate the intellectual property, privacy or other rights of any third party. Car Fayda makes no representation or warranty that while utilizing the third-party contents and linked sites. Customer further acknowledges: (a) some third party content and linked sites retrieved by the Services may contain indecent, offensive, inaccurate or otherwise objectionable or unlawful material, and Car Fayda shall have no obligation to preview, verify, flag, modify, filter or remove any third party content and linked sites (although Car Fayda has the right to do so in its sole discretion), nor shall Car Fayda be responsible for any failure to remove, or any delay in removing, harmful, inaccurate, unlawful or otherwise bjectionable third party content and linked sites; (b) some third party content and linked sites may be protected by third party intellectual property or privacy rights, and therefore Customer shall not rent, lease, loan, sell, license, distribute, make available, copy or create
   derivative works based on the third party content and linked sites unless Customer has obtained written authorization to do so from the applicable rights-holder; and (c) Customer’s use of third party content and linked sites is at its own risk and Car Fayda shall have no responsibility to Customer or any third party related to any use of third party content and linked sites by Customer or its end users.
10. REPRESENTATION AND WARRANTIES. Customer represents and warrants to Car Fayda that: (i) is at least eighteen (18) years old; (ii) avail the Car Fayda services as per terms of use; (iii) capable to enter into this Agreement; (iv) abide with all the terms of use, rules, procedures, policies or other guidelines published by Car Fayda or its affiliates, (v) abide with all applicable laws, rules and regulations; (vi) will not infringe or misappropriate any intellectual property right or other right of a third party; and (vii) Customer will not post, upload, or distribute any content or document that is unlawful or that a reasonable person could deem to be inappropriate In the event of breaches of the aforesaid warranty, Customer shall be liable for the legal consequences which means and includes damages, cost or any penalty as levied.
11. TERMS AND TERMINATION. Car Fayda, shall have the exclusive right to cancel the subscription and terminate this agreement, with or without cause or on a breach of terms of use by Customer, with or without notice to Customer.
12. INDEMNIFICATION. At its sole cost and expense, Customer agrees to indemnify, defend and hold harmless Car Fayda and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) Customer’s violation of any applicable law; (ii) Customer’s breach of any term, condition, representation or warranty set forth in this Agreement.
13. DISCLAIMER OF WARRANTIES. PROVIDED SERVICES ARE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAR FAYDA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO SERVICE FOR A PARTICULAR PURPOSE OF ISSUANCE, REISSUANCE OR MODIFICATION WILL MEET CUSTOMER’S REQUIREMENTS NOR DOES IT GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.
14. LIMITATION OF LIABILITY. IN NO EVENT WILL CAR FAYDA BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR NON-CONCLUSION OF THE DEAL INBETWEEN THE BUYER AND SELLER, EVEN IF CAR FAYDA HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL CAR FAYDA’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES EXCEED THE 1.5 PERCENT OF THE TOTAL AMOUNT OF DEAL(CONCLUDED OR NOT CONCLUDED) /VALUE OF THE VEHICLE AS PER CURRENT MARKET PRICE RECEVIED FROM CUSTOMER ON THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, LOSS OR DAMAGE. NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST CAR FAYDA MORE THAN ONE (1) MONTH AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. CUSTOMER ACKNOWLEDGES CAR FAYDA DOES NOT CONTROL THE FACILITIES, GOVERNMNET RULES AND REGULATION FOR MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA AND PROBLEMS INHERENT IN THE USE OF SUCH FACILITIES. ACCORDINGLY, CAR FAYDA WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. CUSTOMER UNDERSTANDS AND AGREES ITS USE OF THE SERVICE IS AT ITS OWN RISK AND DISCRETION.
15. CUSTOMER ACKNOWLEDGEMENT FOR INDEPENDENT CONTRACTOR:Customer understands and acknowledges that while interacting or dealing
    directly with concerned department of Ministry of Road Transport and Highway, Customer shall be solely responsible for its actions or inactions. Customer acknowledges that nothing contained in this Agreement will be construed as partners, joint ventures, and co-owners or otherwise as participants in-between Car Fayda and Ministry of Road Transport and Highway, Government of India.
16. ARBITRATION – Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be first attempted to be settled amicably by negotiations between the Parties, and if not amicably settled, finally settled in arbitration in accordance with applicable Arbitration and Conciliation Act. The place of arbitration shall be
    Delhi. The arbitration shall be conducted in English language through the arbitration of a sole arbitrator to be appointed by Car Fayda. The costs of arbitration shall be borne by Customer. The award of arbitrator shall be final and binding on both the Parties.
17. GOVERNING LAW. This Agreement will be governed by the laws of the Singapore as applied to agreements entered into and performed entirely within the jurisdiction of New Delhi.
18. NOTICE. Car Fayda may provide Customer with general notice by electronic mail to Customer’s e-mail address of record. Customer must give notice to Car Fayda by emailing at ____________.
19. CREDIT OF SERVICE. Customer hereby agrees to allow Car Fayda to use Customer’s name, image, photo, logo image and a description of its relationship with Customer on the Site and in Car Fayda’s marketing, testimonial section, comments section, social platform and as publicity materials.
20. PUBLICATION AND POSTINGS – Customer agrees and covenants that it will not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning the Car Fayda or its businesses, or any of its employees, officers and existing and prospective customers, investors and other associated third parties. Any act done with respect to Publication and Posting clause which diminishes the goodwill of Car Fayda, tarnishes the reputation of Car Fayda, give any form of loss to Car Fayda (monetary, socially or etc.) will make Customer eligible for breach of trust, violation of Information Technology Act and all other applicable laws. Car Fayda will have right to take immediate lawful action against the Customer, as applicable.
21. FORCE MAJEURE. Car Fayda shall not be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of God, act of governmental authority, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Car Fayda employees), Internet service provider failures or delays, or denial of service attacks, unplanned system down time, or any other cause beyond Car Fayda’s reasonable control.
22. SUCCESSORS AND ASSIGNS. In the life of Car Fayda, there may be merger, strategic compliance, acquisition or sales of business divisions. On such occasion, the Car Fayda may assign its agreement to surviving entity or affiliate without obtaining Customer’s consent. If Car Fayda proceeds in aforementioned manner, then new formation of Car Fayda will automatically become part and parcel of the present agreement and shall be equally enforceable on the Customer as the present terms of use.
23. SEVERABILITY – In a situation where any provision of this terms of use is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect. No waiver of any breach or default of the terms of use shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement constitutes the sole and entire agreement between the Parties with respect to the subject matter thereof.
24. MISCELLANEOUS. This Agreement and Rules expressly referencing this Agreement constitute the entire agreement and understanding between Car Fayda and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Car Fayda and Customer. Customer cannot not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Car Fayda.