TERMS AND CONDITIONS

These Terms of Use govern the use of the www.showmicars.com website ("Website"). The Website is owned and operated by MEHRFATHA CAR SOLUTION PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 with its registered office at No. 4, Anu Nilayan kannada kasturi Road, T Dasarahalli, Bengaluru 560 057, being marketed under the brand name [Show Mi Cars] (hereinafter referred to as " Show Mi Cars" or "SMC" or "We" or "Us" or "Our"). For the purpose of these Terms of Use The 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 "SMC" (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.

1. Eligibility to Use:

1. 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 to any Users suspended or removed from the Platform by SMC 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.

1. SMC 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.

1. 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.

1. User Representations and Obligations:

1. Subject to compliance with the Terms of Use, SMC grants You a non- exclusive, limited privilege to access and use this Platform and the Platform Services.
2. 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.

1. 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 SMC shall not be responsible for them in any manner whatsoever.

1. You agree to not engage in activities that may adversely affect the use of the Platform by other Customers/ SMC/registered trading partners.

1. 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. SMC disclaims all liabilities arising in relation to such offensive content on the Platform.

1. 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.

1. You hereby do and shall grant SMC 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 Show Mi Cars’s (and Show Mi 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 SMC 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.

1. Further, You undertake not to
2. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
3. Defame, abuse, harass, threaten or otherwise violate the legal rights of others
4. 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
5. 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);
6. 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;
7. Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any SMC server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
8. 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, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
9. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
10. Collect or store data about others Customers/users in connection with the prohibited conduct and activities set forth in this Section;
11. Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SMC or other third parties;
12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
13. Violate the Terms of Use contained herein or elsewhere; and
14. Violate any applicable laws or regulations for the time being in force within or outside India

1. SMC reserves the right to review any information/data uploaded by You on the Platform and delete any information/data that is inconsistent with these Terms of Use. You agree that You are solely responsible to SMC and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which SMC or its affiliates may suffer) for any such breach.

1. You agree that SMC may, at any time, modify or discontinue all or part of the Platform, charge, or offer opportunities to some or all Users.

1. Intellectual Property Rights:

1. the Platform and the processes, and their selection and arrangement, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by SMC and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

1. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from SMC.

1. SMC and its Affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at info@showmicars.com 

1. Platform to support transactions & service

1. The Platform is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for trading partners to advertise, exhibit, make available and offer to sell motor vehicles to the Buyers; and (b) a platform for Buyers to accept the offer to sell of the motor vehicles listed by the trading partners on the Platform; and (c) services to facilitate the engagement of buyers and sellers under commerce on the Platform; and (d) such other services as are incidental and ancillary thereto (“Platform Services”).

1. Show Mi cars at no time shall prompt, influence, facilitate, or otherwise induce, perform or cause to perform a financial transaction, on its portal/platform, between the Buyer and the registered trading partner. And that the negotiation of the final price of the cars, and the transaction of the same shall happen offline, outside the portal. SMC assumes no right in this regard and shall not become party to the same.

1. The Platform is only a facilitator in relation to the transactions entered between You and the registered trading partner. The agreement for sale of motor vehicles and/or for provision of any support services provided to You by a registered trading partner, shall be between You and the registered trading partner and shall strictly be a bipartite contract between You and the registered trading partner and SMC shall not be a party to the same.

1. The Platform permits you to request various Services at a time of your choosing based on available slots. To make a booking. you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional who is able to provide that service at the requested time. If. In the unlikely event we cannot find a Service Professional for the specific timeslot, we will contact you to find an alternative time.

1. SMC has not independently verified and does not guarantee the truthfulness of the credentials of the registered trading partner and any description of their business, authorisations, offerings made by them including the nature of services, pricing, location, contact details, etc. provided by the registered trading partner. Such information has been collected from the concerned trading partner, who has guaranteed the truthfulness and completeness of the same and SMC shall not in any manner, be responsible or liable for such information. 

1. As instructed by the registered trading partner, SMC merely displays the list price of the motor vehicles listed on the Platform. On similar lines, the Platform merely displays the approximate cost of the support services, provided by the trading partners. You acknowledge and agree that (i) the approximate cost of services provided by registered trading partner for each category is only indicative and not an actual estimate of the service costs; (ii) the actual fees charged by each registered trading partner may vary from the fees quoted by other registered trading partners; (iii) the actual fees may vary from the approximate service cost provided for a category on a case-to-case basis considering, the type and extent of services required, etc. This approximation of cost is arrived at by considering various objective factors including, but not limited to, the labour costs and the cost of parts that may be required to be replaced or fixed.

1. The total price indicated on the Platform for any seller support service is inclusive of the items described for that service (excluding taxes and other applicable charges under law) and may not include additional services found to be required at the time of availing such seller support service. In such a case, the registered trading partner / basis instructions from the registered trading partner will discuss any change in scope and fees that will be communicated to You.

1. You may conduct searches on the Platform to look for motor vehicles. The results for searches are derived on the basis of an algorithm which considers various factors, Customer reviews and feedback, pricing, etc. Alternatively, the registered trading partner may be listed on the basis of Customer-selected search criteria. In either case, SMC does not have any control over the results of searches carried out by You on the Platform. The result of any search for registered trading partner conducted by You on the Platform shall not be construed as the opinion or preference of SMC.

1. The Platform may categorize the registered trading partner on the basis of various factors, including Your feedback, quality of motor vehicles sold, reliability of the registered trading partner. You agree to accept such categorization and You acknowledge that Your searches on the Platform will be subject to such categorization.

1. Any booking made by You for an motor vehicle or Platform Services through the Platform may be subject to the additional terms and conditions mentioned therein, which You are presumed to have read and accepted at the time of making the service booking.

1. SMC does not provide You with any guarantee that You will be able to purchase an motor vehicle listed on the Platform or avail any Platform Services.

1. Indemnification and Limitation of Liability

1. You agree to indemnify, defend and hold harmless SMC and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

1. The Company does not hold any liability for any occurrence of any mishap arising from your usage of our Services resulting in any financial, material or human damage. You understand and agree that Company shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Company had been advised of the possibility of such damages), resulting from or relating to the Websites or Mobile application, whether based on warranty, contract, tort, or any other legal theory.

1. In no event shall the SMC, 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 or not foreseeable or whether or not the SMC has been advised of the possibility of such damages, arising out of or in connection with (i) Your use of or access to the Platform, Platform Services or materials on the Platform; or (ii) seller support services provided by registered trading partners.

1. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

1. Violation of the Terms of Use:

1. You agree that SMC may, in its sole discretion and without prior notice, terminate Your access to the Platform for cause, delist You and block Your future access to the Platform if SMC determines that You have violated these Terms of Use. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SMC, for which monetary damages would be inadequate, and You consent to SMC obtaining any injunctive or equitable relief that SMC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that SMC may have at law or in equity.

1. If SMC does take any legal action against You as a result of Your violation of these Terms of Use, SMC will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SMC.

1. Governing Law

1. These Terms of Use and all transactions entered into on or through the Platform and the relationship between You and SMC shall be governed in accordance with the laws of India without reference to conflict of laws principles.

1. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Platform, the Terms of Use or any transactions entered into on or through the Platform or the relationship between You and SMC shall be subject to the exclusive jurisdiction of the Courts at Bengaluru, India and You hereby accede to and accept the jurisdiction of such Courts.

1. DISCLAIMER OF WARRANTIES & LIABILITY

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 SMC ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SMC MAKES NO WARRANTY THAT (I) THE PLATFORM OR THE PLATFORM SERVICES OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE PLATFORM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR PLATFORM SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE PLATFORM OR PLATFORM SERVICES WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS OR DEFECTS IN THE PLATFORM OR PLATFORM SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMC OR THROUGH USE OF THE PLATFORM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SMC WILL HAVE NO LIABILITY RELATED TO ANY REGISTERED TRADING PARTNER/ BUYER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SMC ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY TRADING PARTNER/CUSTOMER CONTENT.

SMC 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.

SMC HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT SMC NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, OR PLATFORM SERVICE. SMC SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SMC SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND OUR CONTROL. THE TRADING PARTNER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT BUYER’S OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Terms and Conditions Report for Used Car App Aggregator

Introduction

This report provides a comprehensive overview of the Terms and Conditions for our Used Car App Aggregator (hereinafter referred to as "the Aggregator"). The Terms and Conditions outline the rules, regulations, and guidelines that govern your use of the Aggregator.

1. Acceptance of Terms

By accessing or using the Aggregator, users agree to comply with and be bound by these Terms and Conditions. Users who disagree with any part of the Terms should not access the Aggregator.

2. Use of the Aggregator

The Aggregator provides a platform to compare and access various used car listings from different sources. Users agree to use the Aggregator solely for personal, non-commercial purposes and to comply with all applicable laws and regulations.

3. Registration and Account Security

To access certain features of the Aggregator, users may be required to register for an account. Users agree to provide accurate, current, and complete information during the registration process and to maintain the confidentiality of their account credentials.

4. Intellectual Property Rights

All content displayed on the Aggregator, including text, graphics, logos, images, and software, is the property of the Aggregator or its licensors and is protected by copyright, trademark, and other intellectual property laws. Users may not reproduce, distribute, modify, or create derivative works of any content from the Aggregator without prior written consent.

5. Third-Party Links and Services

The Aggregator may contain links to third-party websites or services. The Aggregator is not responsible for the content, privacy policies, or practices of any third-party websites or services. Users acknowledge and agree that the Aggregator shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

6. Limitation of Liability

To the fullest extent permitted by applicable law, the Aggregator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Access to or use of the Aggregator

Unauthorized access to or use of our servers and/or any personal information stored therein

Bugs, viruses, trojan horses, or the like transmitted to or through the Aggregator by any third party

Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Aggregator

7. Modification of Terms

The Aggregator reserves the right to modify or update these Terms and Conditions at any time without prior notice. Changes to the Terms will be effective immediately upon posting. Users are encouraged to review the Terms periodically for updates.

8. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

Conclusion

The Terms and Conditions serve as a legal agreement between users and the Aggregator, outlining the terms of use, rights, and responsibilities of both parties. By accessing and using the Aggregator, users agree to abide by these Terms and Conditions.