Cholamandalam Investment and Finance Company Limited (hereinafter referred to as “CIFCL” or “We” or “Us” or “Our”) welcomes you to www.gaadibazaar.in (A venture of CIFCL) for buying, selling and auctioning of new and used vehicles/equipment; valuation of used vehicles/equipment; and accessing financial products of CIFCL and its Affiliates (together, “Chola”), including but not restricted to, loans, insurance & other financial products as offered by Chola, permitting third party advertisements, etc.

“Affiliates” means CIFCL's wholly owned subsidiaries, subsidiaries, associate companies or a joint venture, partnership or corporation that directly or indirectly controls, is controlled by or is under common control of or with CIFCL or CIFCL's wholly owned subsidiary. The term "control" (including the terms "controlled by" and "under common Control with") shall have the definition as provided under the Companies Act, 2013.

The website 'www.gaadibazaar.in' is owned by CIFCL (CIN: L65993TN1978PLC007576), a company incorporated under the Companies Act, 1956 with its registered office at Chola Crest, C54-55 & Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 600032, Tamil Nadu.

This User Agreement (“Agreement”) is an electronic contract under the Information Technology Act, 2000 and Rules made thereunder, and the relevant amendments made thereon. This Agreement does not require any physical, digital, or electronic signature provided that if a User avails a loan from CIFCL through the Platform, then such User will be provided with a digitally signed copy of this Privacy Policy for his/her/its records.

This Agreement is published in accordance with the requirements under applicable laws, including, without limitation, the provisions of

a) Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires intermediaries to publish the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person; and

b) The regulations, master directions, master circulars, circulars, and guidelines issued by the Reserve Bank of India (“RBI”), including without limitation, the Guidelines on Digital Lending dated 02 September 2022

in each case, as amended and in force from time to time.

This Agreement is available at 'www.gaadibazaar.in', including its mobile site (together, the “Website”) and on “Gaadibazaar” mobile application (“App”) (individually and collectively referred to as “Platform”).

This Agreement is between CIFCL and “You” or “User” which terms shall mean any natural or legal person who uses the Platform. CIFCL does not allow any User to undertake transactions (including, without limitation, offering vehicles for sale, participating in auctions or making purchases or availing loans), without registration on the Platform. The Agreement describes the terms on which CIFCL offers the User access to the Platform for availing services, availing loans, buying/selling products, and activities which are incidental and ancillary thereto (hereinafter, "Services", and more particularly defined below).

1. ACCEPTANCE OF USER AGREEMENT:

a)  Your use of the Platform and Services and tools are governed by this Agreement, including the applicable policies, such as, without limitation, the Privacy Policy, which are incorporated herein by way of reference. If You transact on the Platform, You shall also be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, You shall be contracting with CIFCL. This Agreement (including the policies) constitute Your binding obligations with CIFCL.

b)  This Platform is

(i)  an e-commerce entity providing both an online marketplace and an inventory-based e-commerce platform for buying, selling, and auctioning used vehicles / equipment and allied/ancillary services; and
(ii)  CIFCL's digital lending app for disbursement of loans to customers of CIFCL, irrespective of whether or not such customers have bought or propose to buy vehicles on the Platform.

Use of the Platform is governed by this Agreement.

c)  Every User of the Platform and Services provided hereunder is also bound by the Privacy Policy of CIFCL, specific terms and conditions governing individual sale transactions or the auction process or each loan transaction, terms of sale, and terms imposed by mobile application stores such as Apple's iTunes, Android's Play Store etc., and all Information Technology-related policies adopted by CIFCL in compliance with the regulations of the Reserve Bank of India, all of which are deemed to be incorporated in this Agreement by way of reference.

d)  The Platform and the intellectual property attached to the Platform belong exclusively to CIFCL. Any trademarks used on the Platform but belonging to a third party shall remain the property of that third party.

e)  If User is dissatisfied with any portion of the Platform or any provision of this Agreement, the User's sole and exclusive remedy is to discontinue the usage of the Platform.

f)  The User is confirming that he/she has fully read this Agreement of the Platform and agrees to abide by the same. This Agreement shall be effective as soon as the User accesses the Platform or any portion of the Platform. Every login, or making a bid, or application for a loan or making use of any of the Services on the Platform shall be considered as a re-affirmation to the terms of this Agreement.

2. AMENDMENTS TO USER AGREEMENT:

a)  CIFCL is entitled to amend any provisions of this Agreement at any time by posting a revised version on the Platform, which will become effective from the time of such post. User is advised to regularly check for any amendments or updates of this Agreement.

b)  If the revised version of this Agreement includes a Substantial Change, CIFCL will provide User with 5 days' prior notice of the same. "Substantial Change" means a change to the terms of this Agreement that reduces User's rights or increases User's responsibilities.

c)  Communication by email/SMS or by notice on the Platform shall constitute adequate service of notice and shall be deemed to satisfy any legal requirement that such communication be in writing.

d)  If any clause of this Agreement 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 Agreement.

3. GENERAL INFORMATION:

a)  Eligibility to use the Website:  The Platform shall be used only by the persons who can form legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, minors, etc. are not eligible to use the Platform. If you are a minor i.e., under the age of 18 years, You shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if You wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform. If the User is a business entity, the person who is using this Platform on behalf of the business entity shall be deemed to be considered as having authority to bind the entity to this Agreement.

b)  CIFCL reserves the right to terminate your membership and/or refuse to provide You with access to the Platform if it is brought to CIFCL's notice or if it is discovered that You are under the age of 18 years or otherwise legally disqualified or incompetent to enter into a contract as per the Indian Contract Act, 1872 or any other laws applicable in India. The Platform shall not be used by persons whose membership has been suspended or terminated by CIFCL. Furthermore, CIFCL has the right at its sole discretion to refuse to provide access to or terminate the access of any person (s) whatsoever with or without notice.

c)  Authorization to communicate:  A User by registering with the Platform authorizes CIFCL and its current, future Affiliates/ partners to communicate with him/her via SMS, Email, Phone, or any other means to offer the User product information and offering promotional schemes listed on the Platform regardless of their do not disturb status.

d)  CIFCL may offer User/s, dealers or third-party service providers improved visibility for their listings on the Platform and other benefits as per the terms and conditions of any scheme it launches from time to time.

4. USER OBLIGATIONS AND GUIDELINES:

Section I - FOR E-COMMERCE ACTIVITIES

Section I applies to you solely with respect to your activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  Profile Details: User shall provide, maintain, and promptly update true, accurate, current, and complete information such as name, date of birth, contact number, address, password ("Profile Details"). A Login ID and password for User's account will be created by User and the same shall be used for all further transactions. After the creation of the User account, such User will be considered a "Registered User" of the Platform.

b)  Registered User:  A Registered User may transact on the Platform as seller or buyer or both. Registered Users making a purchase on the Platform shall be referred to as the “Buyer” and a Registered User selling their vehicles/equipment by listing them on the Platform shall be referred to as a "Seller". A Buyer can access the Platform immediately after registration whereas a Seller shall have to provide more details in relation to the vehicle/equipment to be sold through this Platform. On completion of registration, a Seller shall receive an email and SMS stating that a CIFCL field executive will visit the Seller within the next twenty-four (24) hours to collect all relevant documents like KYC, address proof, PAN card copy, and other necessary documents (such documents/information being the "Registration Data") A Registered User is responsible for maintaining the confidentiality of Login ID and Password. The Registered User shall provide true, accurate, current, and complete Registration Data.

c)  All communication shall be electronic:  The User hereby consents to receive communications electronically. The User shall communicate with CIFCL by email or by posting notices on the Platform. The User agrees that all the notices, disclosures, agreements, and other communications that CIFCL shall provide to the User in the electronic mode shall satisfy any legal requirement that such communications be in writing.

d) Content Guidelines:  The User agrees, undertakes, and confirms that while providing his/her information on the Platform, the User shall not upload, display, host, publish, modify, update, transmit or share any information that:

(i)  belongs to another person and to which the User does not have any right;
(ii)  is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii)  is harmful to a child/children;
(iv)  infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force;
(vi)  deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii)  impersonates another person;
(viii)  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 other nation;
(ix)  contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource; or
(x)  is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(xi)  harasses or advocates harassment of another person/User on the Website;
(xii)  infringes upon or violate any third party's rights, including intellectual property rights, rights of privacy (including, but not limited to, unauthorized disclosure of a person's name, email address, physical address or phone number);
(xiv)  interferes with another User's use and enjoyment the Platform.

e) The User of this Platform is required to ensure and undertakes that the information provided on this Platform or any actions of the User (s) on this Platform shall:

(i)  Not be false, inaccurate or misleading;
(ii)  Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any vehicles/equipment, the dealing of which is prohibited or restricted in any manner under any provisions of any applicable law, rule, regulation or guideline for the time being in force;
(iii)  Not create liability for CIFCL or cause CIFCL to lose the services of Our Internet Service Provider (“ISPs”);  (iv) Not use any “deep-link”, “page-scrape”, “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 any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available on the Platform. We reserve Our right to bar any such activity.
(v)  Not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means;
(vi) Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's/Users use of the Platform.

f)  You may not transmit any chain letters, unsolicited commercial or junk email to other Users through the Platform. It shall be a violation of this Agreement to use any information obtained from the Platform to harass, abuse, or harm another person.

g)  Consequences for violating content guidelines:  Any violation of the guidelines in Clause 4 Sub-Clause (d) to (f) above, shall entitle CIFCL to immediately remove the non-compliant information, the vehicle listing, and other related information posted by the User, block the User, suspend, or terminate the access or usage rights of the User, delete their publicly visible comments/information, and/or initiate legal action against such User. CIFCL will issue a written notice to the offending User through email in this regard. CIFCL will not host, store, or publish any information which is prohibited or considered unlawful under any applicable law for the time being in force. Any transaction or attempted transaction relating to any vehicle/equipment which is violative of this Agreement or applicable law that comes to the knowledge of a User shall be intimated to CIFCL by the User.

h)  User ID and Password confidential and non-transferable:  The Registered User is responsible for all actions taken under his/her User ID. User ID is not transferable and the Registered User should not allow others to use it or disclose or make available the password to any other person.

i)  Seller to maintain confidentiality of customer data:  A Seller is responsible for maintaining the confidentiality of details and information shared by other Users, including without limitation, e-mail IDs and financial information. The Seller agrees to accept responsibility for all activities that occur under its Registered User ID.

j)  Obligations of Sellers:  The Seller shall not directly or indirectly offer and/or trade in any vehicle/equipment, the trading of which is prohibited or banned under the provisions of applicable laws which are in force. The Seller of a vehicle/equipment shall be responsible for providing all the information relating to the said vehicle/equipment proposed to be sold. The Seller shall not provide false, misleading, inaccurate, and fraudulent information particularly about the vehicle/equipment to be sold/auctioned under the Platform. If the vehicle/equipment description does not match the actual condition of the vehicle/equipment, You agree to refund any amounts that you may have received from the Buyer. The Seller shall not infringe the intellectual property of any third party, trade secret or other proprietary rights. The Seller represents that he/she is the sole, exclusive owner of the vehicle/equipment of any description that he/she offers for sale on the Platform or shall have the required rights/interest/authority over such vehicle/equipment conferred on the Seller by the owner of such vehicle/equipment in writing.

k)  Consequences of breach of Registered User Website-use obligations: CIFCL reserves the right to decline/terminate/suspend any registration at any time, with or without notice or cause and in its entire sole discretion. Until the revocation of termination/ suspension or the activation of Registration, the Registered User will not be allowed to buy/sell/place bids.

l) Information Sharing and Privacy:  "User Information" is the information that is provided by the User on the Platform while registering, buying, or listing process. The User shall not provide any personal information such as contact details in the places, other than the places specifically provided on the Platform.

(i)  User Information and CIFCL:  The User agrees to furnish his/her information on the Platform to enable CIFCL to use it for the purpose of selling/buying/auctioning or providing any other service as envisaged under the Platform. The User shall grant CIFCL a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights over the User Information to the extent such information is required by CIFCL to provide Services under the Platform and/or comply with applicable laws. CIFCL shall use the User Information only in accordance with this Agreement and Privacy Policy, subject to applicable laws. CIFCL may use the User Information to identify the members of the Platform with whom the User may have a beneficial relationship. User permits CIFCL to share the User Information with vehicle/equipment dealers/potential Buyers or third-party service providers in the course of its business. The User shall not share any sensitive personal data and/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 Platform or with any other Users of the Platform. For further details, please refer to the Privacy Policy.

(ii)  User Information and sharing information with other Users:  The User acknowledges and agrees that the User Information including any personal information would need to be provided by him/her to other Users, dealers and/or third-party service providers through the Platform when he/she seeks to transact with such Users, dealers or third-party service providers on the Platform. The User further agrees that CIFCL has no control over on his/her sharing of User Information with other Users, dealers or third-party service providers of the Platform since such other Users, dealers or third-party service providers of the Platform are selected by him/her when he/she chooses to transact and/or interact with them.

m)  Prohibition of unfair practices:  The User, on his own or together with other Users of the Platform, shall not manipulate or attempt to manipulate the price of any vehicle/equipment being purchased or sold on this Platform and shall not practice or indulge in any unfair or illegal trade practices or abet the use of such unfair practices.

Section II - FOR BORROWING LOANS FROM CIFCL AND/OR ITS AFFILIATES

If you avail any loans from Chola through the Platform, then the provisions of this Section II apply to you for the limited purpose of such loans borrowed through the Platform, irrespective of whether or not you have acquired a vehicle through the Platform.

All our loan-related Services are subject to applicable laws, government notifications, the rules, regulations and guidelines issued by applicable regulatory authorities including, without limitation, the Reserve Bank of India (“RBI”).

a)  Scope of Loan Services: Secured and unsecured loans etc

b)  Eligibility: You may avail loans from Chola only if you are legally permitted to do so under applicable laws. Based on the nature of loan You choose to avail, specific terms and conditions, as set out in the loan documentation and subject to applicable laws, will also apply.

If we discover that any person using our services is not capable of entering into a legally binding contract, we may immediately terminate their account on the Platform and take such other legal action as we may be entitled to under law, contract, or equity. All loans availed by you through the Platform will also be governed by the applicable [sanction letter, loan documentation, security documentation] and such other documents as may be executed with respect to such loan.

c)  Types of Loans: Subject to compliance with all applicable pre-conditions and requirements for availing a loan from Chola, Chola allows you to avail any loans listed in the Platform from time to time.

d)  Creating a Chola Loan Account:

In order to avail a loan from Chola using the Platform, you must create a profile (“Chola Loan Account”) with us through the Platform. To create a Chola Loan Account, you must provide us with [your name, mobile number, email ID, pin code, and such other information as we may be required to collect under applicable laws], and we will authenticate the mobile number and email ID with a one-time password. You must also permit us to gain one-time access to your mobile's camera, microphone, and location solely for the purpose of on-boarding/ KYC requirements only. Please see our Privacy Policy for full details of such further information that we may require to provide our services to you. These include the following, without limitation, and, in each case, such documents and information must be provided to Chola's satisfaction:

(i) your name as provided in your PAN Card;
(ii) mobile phone number;
(iii) email ID;
(iv) date of birth;
(v) marital status;
(vi) residential details;
(vii)  employment type and place of work;
(viii) monthly/annual income;
(ix) PAN; and/ or;
(x) such other documents and/ or information as may be requested by Chola.

You should add the information and documents requested in the manner prompted on the Platform. If you revoke any of the mandatory permissions sought by the App required for fraud prevention, collections, and underwriting purposes, then you will not be able to avail the loan you applied for and will only have limited usage of the Platform.

You will also be required to appoint us as your, and your co-applicant's authorized agent to access your, and your co-applicant's credit information from various credit information companies (such as EQUIFAX, CIBIL etc.), subject to applicable laws.

We reserve the right to store information on your device in the form of cookies or similar file for purposes of modifying the Platform to reflect your preference. The Platform is deemed to be in use when it is loaded in a temporary or permanent memory of your device.

Our Privacy Policy details the nature and type of information we collect and process to enable the setting up of a Chola Loan Account, completing the Know-your-Customer (“KYC”) processes or to provide such information as we may need to process your loan. If the information provided by you does not, in our sole discretion based on our internal policies, amount to reliable information or if it appears to be fraudulent, then we will not allow you to open a Chola Loan Account and you shall not be eligible to apply for a loan using the Platform. If we discover any deficiency in the information provided by you on a later date, then we may terminate your Chola Loan Account. Please note that we may add further verification procedures in the future, whereby you may be required to provide us with more information.

AT NO TIME do we access or request access to your mobile phone resources like file and media, contact list, call logs, telephony functions, etc. We will neither ask for, nor retain, such access once the onboarding and KYC verification processes are complete. AT NO TIME DO WE OR ANY OF OUR LENDING PARTNER, CO-LENDING PARTNERS, OR AFFILIATES ASK FOR OR STORE ANY OF YOUR BIOMETRIC INFORMATION.

e)  Loan Process:

All loans availed by you through the Platform will also be governed by the applicable [sanction letter, loan documentation, security documentation] and such other documents as may be executed with respect to such loan.

• Create an account using phone number, name and pincode
• Choose loan amount, tenure and enter personal details such as PAN number, Date of Birth etc
• Provide other details such as purpose of loan, employment and income
• Check/Provide KYC address details, insurance details and vehicle details as applicable
• Upon sanction, perform e-sign and register an e-NACH mandate for disbursement and repayment

You will be required to issue appropriate auto-debit instructions for your bank account to repay the loan amount, prior to disbursal. These cannot be changed or cancelled during the term of the loan. [The Platform will display the details of the EMI, including the due date and amount payable, as well as whether your payment was received or not, from time to time].

Please note that a copy of your sanction letter with key fact statement, loan agreement, privacy policy, due dates for payment of EMIs, amount of EMI due, manual repayment of EMI and other updates on your loan are provided by us through the App and a digitally signed soft copy will also be sent via email to the email ID provided by you on the App. Given these reasons and for facilitating a seamless digital lending journey you are advised not to remove the App from your mobile device until the loan has been repaid in full. In case you need to remove the App from your mobile device, please write to us at support @gaadibazaar.in. The customer support team will reach out to help you with this. Please note, however, that fraudulent deletion of the App with an intention to avoid repayment of the loan shall amount to a material breach of this Agreement.

f)  The Platform and Services are provided on an “as is” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors, although we shall take best efforts to ensure a safe, secure and error-free Platform experience. In no event shall Chola or any of its successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses, including losses suffered as a consequence of a breach of the Agreement by a user or arising out of the use of or the reliance on any of the Platform.

Availing loans carries a risk and you should speak with your advisors and/or consultants before availing any debt of any kind.

Under no circumstances will Chola's liability (or that of its officers, directors or employees) exceed, in aggregate, the quantum of loan availed by you from Chola.

5. THIRD PARTY SERVICE PROVIDERS:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  We use third parties to undertake the valuation of used vehicles/equipment listed on Our Platform. These third-party service providers may collect and/or use the User's information to complete the valuation of Your vehicles/equipment. CIFCL assumes no responsibility for examining or evaluating the services offered by such third parties. CIFCL does not warrant the offerings of these third-party service providers nor does CIFCL endorse, in any way, any third-party website (s) nor their privacy practices or content thereof.

b)  Our Platform may contain, hyperlinks to websites operated by parties other than CIFCL, or third party information such as product description, catalogue/s, dealer information, images, videos and any other data made available by a third party (“Third Party Content”). CIFCL does not control such Third-Party Content and shall not be responsible for any loss or damages resulting out of the use of Third-Party Content.

c)  The inclusion of Third-Party Content does not imply CIFCL's endorsement of such websites. CIFCL does not provide any warranty in respect of the authenticity or accuracy of the Third-Party Content. A link to another website is not an endorsement of any products or services on such site or the website. You shall be solely responsible for all consequences that arise out of Your use of such Third-Party Content.

6. CERTIFIED DEALERS:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  CIFCL permits certain used vehicle dealers to access and use the Platform, to purchase or sell vehicles/equipment from or to other Users, after having completed the certification process (“Certified Dealer”). CIFCL makes no representation and assumes no responsibility for the accuracy, completeness, appropriateness, or usefulness of any information provided by the Certified Dealer, either over the Platform, through emails, chat rooms, Whatsapp or any other messaging application/service.

b)  CIFCL does not make any representation or warranty as to the fitness and merchantability of the vehicles/equipment proposed to be sold or offered to be sold or purchased on the Platform by the Certified Dealer. CIFCL does not implicitly or explicitly support or endorse the sale or purchase of any vehicles/equipment or services by the Certified Dealer on the Platform. CIFCL accepts no liability for any errors or omissions on behalf of the Certified Dealer.

c)  CIFCL cannot take responsibility or control the information, listing and/or quality of the vehicles/equipment proposed to be sold or offered for sale on the Platform by the Certified Dealer. You agree that CIFCL will not be liable for any cost, damage, liability, or other consequence of any of the actions of the Certified Dealer on the Platform.

7. SALE OF RE-POSSESSED VEHICLES ON THE WEBSITE:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

b)  The Website provides the Services without any warranty or condition and disclaims any warranties of title, fitness for a particular purpose, merchantability, and non-infringement.

c)  Notwithstanding anything contained in this Agreement, CIFCL does not make any representation or warranty as to the attributes of vehicle/equipment, Services offered on the Website such as quality, condition, worth, marketability, etc. Vehicle/s, equipment/s, service/s offered, to be sold or purchased through the Website or the attributes such as legal title, creditworthiness, identity etc. of any of its Users. Users are advised to independently verify the bona fides of any particular User that User chooses to deal with on the Website and use their best judgment in that behalf. The User shall note that there are risks in dealing with other persons on the Website, including the risk of dealing with people acting under false pretense, foreign nationals and/or underage persons. Except as expressly provided, CIFCL does not endorse and shall not be responsible for the delivery of any goods listed for sale/auction or purchased through the Website.

d)  CIFCL neither implicitly nor explicitly supports/endorses the sale/purchase of any vehicle/equipment or services by a User, Certified Dealer or any other third- party on the Website CIFCL accepts no liability for any errors or omissions, whether on behalf of itself, the Certified Dealer or any other third parties. The User hereby understands and acknowledges that the 'GaadiBazaar Certified Platinum Dealership' certification merely attests to the creditworthiness of the Dealer, who is holding it, for the limited purpose of availing inventory funding facility from CIFCL and based solely on the documents provided to CIFCL for scrutiny.

e)  CIFCL makes no warranties or representations about the reliability, accuracy, timeliness and/or completeness of any Content provided on or through the Website or that the operation of the Website will be uninterrupted and/or error free. Consequently, no liability whatsoever for any monetary or other damage suffered by the User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Website shall be assumed by CIFCL.

f)  You agree that no claims for the return or replacement of the Re-Possessed Vehicle or for the refund of any amount shall lie against Chola after You have inspected the Re-Possessed Vehicle.

g)  All commercial/contractual terms pertaining to the purchase of the Re-Possessed Vehicle shall be separately agreed between Chola and You. The commercial/contractual terms may include without limitation, the price, shipping costs, payment methods, payment terms, data, mode of delivery, warranties related to Re-Possessed Vehicles and after sales services related to the Re-Possessed Vehicle.

8. PLATFORM FOR COMMUNICATION AND EXCLUSION OF WARRANTIES:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  User understands and agrees that he/she/it is provided with the option to interact with other Users of the Platform in relation to the transactions to be carried out on the Platform at its sole risk, host the details of the vehicle/equipment to be sold through the Platform and quote the purchase price or bid apart from availing other services which may be offered by Chola. Consequently, with respect to User to User transactions on the Platform's marketplace:

(i)  any contract of sale shall be strictly bipartite between the Seller and the Buyer. CIFCL shall not mediate or resolve any dispute or disagreement between the User/s or control in any manner transaction/s between two Users of the Platform.
(ii)  CIFCL is not responsible for any non-performance or breach of any contract entered into between/among Users. CIFCL does not guarantee that the concerned Users will perform the transactions concluded on the Platform.
(iii)  User acknowledges that CIFCL does not pre-screen or approve any listings, messages, text, files, images, photos, video, sounds, or other materials displayed on or through the Platform (“Content”), but CIFCL shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content, for violating this Agreement or for any other reason.
(iv)  By agreeing to be bound by this Agreement, the Seller undertakes to ensure that the descriptions, images, and other content pertaining to goods or services on the Platform are accurate and corresponds directly with the appearance, nature, quality, purpose, and other general features of such good or service.
(v)  At no time the right, title, or interest over the vehicles/equipment, listed on the Platform by a User for sale, shall vest with CIFCL nor shall CIFCL be liable in respect of transactions made on the Platform.
(vi)  The User shall agree with the relevant other User(s) with whom they transact on the manner and terms and conditions of payment, insurance, delivery etc.

b)  The Platform provides the Services without any warranty or condition and disclaims any warranties of title, fitness for a particular purpose, merchantability, and non-infringement.

c)  Notwithstanding anything contained in this Agreement, CIFCL does not make any representation or warranty as to the attributes of vehicle/equipment, Services offered on the Platform such as quality, condition, worth, marketability, etc. Vehicle/s, equipment/s, service/s offered, to be sold or purchased through the Platform or the attributes such as legal title, creditworthiness, identity etc. of any of its Users. Users are advised to independently verify the bona fides of any particular User that User chooses to deal with on the Platform and use their best judgment in that behalf. The User shall note that there are risks in dealing with other persons on the Platform, including the risk of dealing with people acting under false pretense, foreign nationals and/or underage persons. Except as expressly provided, CIFCL does not endorse and shall not be responsible for the delivery of any goods listed for sale/auction or purchased through the Platform.

d)  CIFCL neither implicitly nor explicitly supports/endorses the sale/purchase of any vehicle/equipment or services by a User, Certified Dealer or any other third- party on the Platform CIFCL accepts no liability for any errors or omissions, whether on behalf of itself, the Certified Dealer or any other third parties. The User hereby understands and acknowledges that the 'GaadiBazaar Certified Platinum Dealership' certification merely attests to the creditworthiness of the Dealer, who is holding it, for the limited purpose of availing inventory funding facility from CIFCL and based solely on the documents provided to CIFCL for scrutiny.

e)  CIFCL makes no warranties or representations about the reliability, accuracy, timeliness and/or completeness of any Content provided on or through the Platform or that the operation of the Platform will be uninterrupted and/or error free. Consequently, no liability whatsoever for any monetary or other damage suffered by the User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Platform shall be assumed by CIFCL.

f)  All vehicles/equipment (and/or their parts) sold/auctioned on the Platform by a User are sold/auctioned in their “as is where is” condition and location with all faults and imperfections and errors of description except where expressly stated otherwise.

g)  It is the responsibility of User to satisfy himself/herself, prior to sale, as to the origin, description, suitability, age, mileage, durability, completeness, operability, state, and condition of each vehicle/equipment and should exercise and rely on their own judgment as to the condition and quality of the vehicle/equipment and whether the vehicle/equipment conforms to its description and whether the same is suitable for the User's purpose.

h)  It is the sole responsibility of the Buyer/successful bidder to transfer the vehicular/other records in their name, immediately on completion of sale, CIFCL shall in no way be responsible for transfer of such records.

i)  Each User agrees to indemnify CIFCL, its officers and representatives against all costs, damage, liability, or other consequences of actions of such User and waives any claims that he/she may have in this behalf under applicable law.

9. OBLIGATIONS RELATING TO PURCHASE OF VEHICLES /EQUIPMENT AND SERVICES:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  The User shall not place any false purchase request. Placing purchase request by providing fake personal details is a crime and the Platform will take all efforts to identify such a User and initiate/cooperate in any legal action against such a User.

b)  The User is not permitted to submit a lead or to enquire in relation to a vehicle/equipment listing in the Platform other than for the purchase of vehicle/equipment. No User is permitted to gather data, mine data, broker transactions or relist the vehicles/equipment in any other website or purchase for resale.

c)  The User purchasing the vehicle/equipment in either the sale or auction shall be solely responsible for ensuring and verifying the title of the vehicle/equipment, receipt of necessary original title documents such as invoice and certificate of registration, receipt of original certificate of insurance, receipt of applicable forms under the Central Motor Vehicle Rules, 1989 or the applicable legislation and effecting of transfer of ownership in the certificate of insurance and certificate of registration, if applicable. The User shall in no way be entitled to make a claim against CIFCL for any failure or inadequacies in the User's verification process or transaction process.

10. OBLIGATIONS RELATING TO SALE OF VEHICLES/EQUIPMENT AND SERVICES:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  A Registered User may list his/her vehicle/equipment for sale on the Platform.

b)  The User must legally own and be in a position to sell the vehicle which he/she lists for sale on the Platform. The Registered User selling the vehicle/equipment is solely responsible and shall ensure the accuracy, legality and completeness of the listing of the vehicle/equipment on the Platform and for ensuring that such listing does not infringe the rights of any third party and for ensuring that the listing does not violate content guidelines set out in this Agreement.

c)  The Registered User shall only include accurate pictures, description and graphics of/in relation to the vehicle/equipment that is listed for sale. The User shall not put up a description of a vehicle/equipment on the Platform in a misleading manner. The User shall depict the actual condition of the vehicle/equipment. The User who is selling his/her vehicle/equipment shall certify that the description/information provided by him/her about the vehicle/equipment are true. The User shall keep the vehicle/equipment in the manner described on the Platform for successfully completing the sale.

d)  All the vehicles/ equipment must be listed by the User in the relevant category on the Platform.

e)  No User shall solicit a business of any nature outside the Platform by providing his/her contact details.

f)  The User shall be liable to refund the sale price and any other amount received from the Buyer, if the vehicle/equipment fails to match the description/depiction of the vehicle/equipment put up by him/her on the Platform.

g)  On the vehicle/equipment being sold through the Platform or otherwise, the User shall immediately remove the sale listing from the Platform. CIFCL reserves the right to remove any listing of vehicle/equipment by a User from the Platform at its sole discretion without notice and without liability to any person.

h)  CIFCL accepts no liability for any listing on the Platform.

11. AUCTIONING AND BIDDING:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  CIFCL may require the User to pay security deposit and/or execute additional documents in the manner prescribed by the applicable law to it for participating in the auction/bidding. The grounds for forfeiture and/or refund of any such security deposit shall be contained in the terms and conditions of Auction/Bidding.

b)  On the User buying a vehicle/equipment by participating in the auction, either online or offline, he/she acknowledges and agrees to be bound by the terms and conditions of Auction and Bidding, as the case may be. The terms and conditions of Auction or Bidding shall be in addition to the terms of this Agreement and are incorporated herein by reference.

12. FEES & CHARGES & PAYMENT FACILITY:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  CIFCL reserves the right to introduce and amend fees or charges for the Services being offered on or through the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to CIFCL within specified time and in the specified manner. CIFCL at its sole discretion can introduce new services and modify the existing services offered on the Platform. The fee chargeable by CIFCL for various services offered on the Platform shall be listed at the appropriate places on the Platform. Once a fee chargeable for a specific service is posted on the Platform, the same shall be chargeable immediately for such service.

b)  User shall be completely responsible for the payment of applicable fee and charges such as listing fee, as may be stipulated by CIFCL on the Platform, together with taxes, duties, and cess as applicable from time to time for his/her usage of Platform and availing various services provided therein. Hence, the User shall be responsible to note the fee chargeable on a specific service before availing such service. CIFCL reserves the right to issue a warning, suspend or terminate User's membership, refuse access to the Platform and/or take appropriate legal action in case of non-payment of fees by the User and/or for any violation of this Agreement.

c) CIFCL may engage a third-party payment processing service provider (“Payment Service Provider”) to facilitate payments for transactions conducted on or through the Platform. When the User makes the payment through the Payment Service Provider, the Payment Service Provider shall process the payment to CIFCL, the other Users, the Certified Dealer, or any other third-parties. Further, upon selecting any Service for which a fee is chargeable by CIFCL, the User may be redirected to the Payment Service Provider.

d)  In case the Platform or Payment Service Provider's webpage, that is linked to the Platform, is experiencing any server related issues like “slow-down” or “failure” or “session timeout”, the User shall, before initiating the second payment, check whether his/her/its Bank Account has been debited or not and accordingly resort to one of the following options:

(i)  In case the Bank Account appears to be debited, ensure that he/she/it does not make the payment twice and immediately thereafter contact the intended recipient of the payment via email to confirm payment;
(ii)  In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, the User agrees that under no circumstances CIFCL shall be held responsible for such duplicate transactions and hence no claims should be raised against CIFCL.

e)  CIFCL assumes no liability whatsoever for any monetary or other damage suffered by the User on account of:

(i)  The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Service Provider; and/or
(ii)  Any interruption or errors in the operation of the Payment Service Provider.

f)  The User agrees, understands, and confirms that its personal data, including without limitation details relating to debit card/credit card transmitted over the Internet may be susceptible to misuse, hacking, theft, and/or fraud and that CIFCL has no control over such matters.

g)  Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, CIFCL does not represent or guarantee that the use of the Payment Service Provider will not result in theft and/or unauthorized use of data over the Internet.

13. REFUNDS/CANCELLATION:

This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.

a)  Vehicles sold on the Platform are not eligible for any returns, refunds, or exchange.

b)  However, certain Dealers may be willing to discuss and negotiate a customised return or refund policy on a case-by-case basis. Before purchasing any vehicle, Customers who are Winning Bidders are requested to directly contact the Dealer for further details on returns, refunds or exchanges. Dealers can be contacted through the contact information displayed on their page and during the physical inspection visit. All returns, refunds or exchanges are contracts solely between the Dealer and the relevant Customer. The Platform/CIFCL expressly disclaim all responsibility for (a) any Dealer providing or refusing returns, refunds or exchanges; and/or (b) the enforcement of any such returns, refunds or exchanges.

c)  Where the Dealer has its own return and refund policy, the User must abide by the terms of that policy. In the absence of such a policy, the provisions of Clause 13 (b) will apply to the Dealer.

14. BREACH:

a)  Without prejudice to the remedies available to it under law, loan documentation, and equity, CIFCL may restrict the activity of User, remove the listing of vehicle/equipment, issue warning to the other Users about the actions of a particular User, suspend or terminate the membership of the User with immediate effect, pursue any remedy available to Chola under the loan documentation and/or deny access to the Platform, to the User:

(i)  If the User violates the terms of this Agreement, Privacy Policy, loan documentation, any other conditions introduced by CIFCL and/or the documents which are posted on the Platform by CIFCL; or
(ii)  If CIFCL believes that the actions of a User may cause legal liability for his/her, other Users of the Platform or CIFCL; or
(iii)  If the information provided by the User could not be authenticated by CIFCL; or (iv)  If the User breaches any applicable law/regulation/notification.

b)  CIFCL may at its sole discretion reinstate suspended Users at any time.

c) A User who has been suspended indefinitely shall not register or attempt to register on the Platform in any manner whatsoever until the reinstatement of his/her membership by CIFCL.

d)  Further, CIFCL is entitled to claim damages from the User who breaches this Agreement, or any other document posted by CIFCL on the Platform and to take applicable legal action.

15. PROPRIETARY RIGHTS:

a)  The website 'www.gaadibazaar.in' and “Gaadibazaar” mobile application are developed and owned by CIFCL.

b)  The Platform's content, logos, images, design, graphics, icons, interfaces and the selection, assembly and arrangements displayed thereof on the Platform are protected under intellectual property laws (including copyright and trademark laws) and international conventions. Any modification, reproduction, creation of derivative works or redistribution of the Platform, and/or reproducing or copying of the Platform or any portion thereof to any other location or server for reproduction or redistribution is prohibited without the specific written consent of CIFCL. Content posted by a Registered User shall belong to the relevant user and shall be licensed to CIFCL for use in the manner described in Clause 4(i) above.

c)  Permission to access, view the listing of vehicle/equipment by Users, utilize other services provided under the Platform and list the vehicle/equipment for sale is granted to the Users.

d)  All the names, make and model of vehicles/equipment listed on the Platform are trademarks of their respective manufacturers. CIFCL neither has nor claims any rights over such trademarks, beyond the right to list/permit its listing on the Platform as a factual description of the vehicle.

e)  User warrants that User has the right to grant, to CIFCL a non-exclusive, irrevocable, perpetual, fully paid, worldwide license to use, copy, perform, display, and distribute content and to prepare derivative works of, or incorporate into other works of the said content, and to grant and authorize sublicenses of the foregoing and all rights necessary to prohibit any subsequent aggregation or exploitation of the content on the Platform by any party for any purpose.

16. INDEMNITY:

Each User hereby agrees to indemnify CIFCL, its affiliates, subsidiaries, directors, employees, officers, agents, suppliers, service partners and consultants, from all claims, demands and damages, whether actual or consequential, of every kind arising out of or relating to any of such User's listings, transactions, or any other use of the Platform, the User's breach of this Agreement or violation of any law or the rights of a third party.

17. LIMITATION OF LIABILITY:

a)  Chola, its suppliers and its service providers shall not be liable for any direct, indirect, incidental, consequential, punitive, special, exemplary or any damages whatsoever, including damages for unsatisfactory performance of the goods/services being sold/purchased, delay, loss of goodwill, profits, misuse of data or intangible losses arising out of or in connection with the Platform, its services or this Agreement, whether based on contract, tort or otherwise.

b)  Under no circumstance will the liability of CIFCL is exceed the amount of fees, if any, paid by User to CIFCL.

c)  CIFCL shall bear no liability whatsoever for any monetary or other damage suffered by User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Platform.

18. DISPUTE RESOLUTION:

a)  This Agreement shall be governed and construed in accordance with the laws of India, without regard to conflict of law principles. Subject to the arbitration clauses below, Chola and the User agree to submit to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu (India) only.

b)  Chola and the relevant User(s) shall attempt, in good faith, to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to this Agreement.

c)  Failing such amicable settlement within 30 (thirty) days of the dispute arising, the dispute shall be referred to arbitration and shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (“the Act”) or any statutory amendments thereof, notified prior to reference of dispute to arbitration, and shall be referred by the initiator of such dispute to arbitration of a sole arbitrator to be nominated by:

i) Presolv360, an online dispute redressal platform/institution, presently run by Edgecraft Solutions Private Limited, currently having its office at 3rd Floor, Churchgate House, 32, Veer Nariman Roan, Fort, Mumbai- 400 023 (and any subsequent changes thereto). (or)

ii) ADReS Now, an online dispute redressal platform/institution, presently run by ADR e-Sarvantra Private Limited, currently having its office at 63, Palace Road, Vasanthnagar, Bangalore – 560 052 (and any subsequent changes thereto). (or)

iii)  SAMA, an online dispute redressal platform/institution, presently run by Odrways Solutions Private Limited, currently having its office at W 901, Rohan Jharoka 2, Yemalur, Bangalore- 560 037 (and any subsequent changes thereto).

(hereinafter referred to as “Arbitration Institution”). The nomination of the sole arbitrator by Arbitration Institution shall be considered as a joint nomination by mutual consent of Chola and the relevant aggrieved User(s). The award given by such arbitrator shall be final and binding on all parties.

d)  The Arbitration Institution shall appoint a substitute arbitrator in place of the appointed arbitrator in the following events:

i)  death of the appointed arbitrator; or

ii)  where the appointed arbitrator is unable or unwilling to act as arbitrator for any reason whatsoever.

e)  The seat of arbitration proceedings shall be Chennai. The Courts at Chennai shall have the exclusive jurisdiction to try & entertain all disputes and differences and/or claims, arising out of or under this Agreement. The language of arbitral proceedings shall be English.

f)  Administrative assistance to the sole arbitrator to facilitate the conduct of the arbitral proceedings, if required, may be provided by the Arbitration Institution.

g)  The parties hereby consent to have the arbitral proceeding conducted by a submission of written pleadings/submissions, documents in physical and/or any other electronic/virtual mode (through exchange of post, e-mail and/or any other mode of electronic communication including video conference (VC), online, virtual hearing etc., using an external application or platform, if necessary) or a combination thereof as may be determined by the sole arbitrator, whose decision shall be final and binding on the parties.

h)  The sole arbitrator shall send a copy of the award/interim award/order so passed by him/her and duly certified by him/her through post/courier or a scanned image of such award or electronically/digitally signed award to the parties through e-mail or any other electronic mode either on his own or through the Arbitration Institution, as he/she deems fit, which shall be considered as a signed copy for the purposes of the Act.

i)  The postal/e-mail and/or any other electronic mode of address provided by the User(s) to Chola under this Agreement or any other document executed/shared by the User(s) to Chola shall be deemed to be an active postal/e-mail and/or any other electronic mode of address and any service effectuated upon such active postal/e-mail and/or any other electronic mode of address shall be deemed to be completed. Any change or other discrepancies in the postal/e-mail and/or any other electronic mode of address provided above, shall be informed to the Company promptly.

19. GRIEVANCE REDRESSAL OFFICER

If the User has any grievance with respect to the Website or Service, the User can contact CIFCL's grievance officer at:
Name: Krishnakumar.K.P
Designation: Sr. Associate VP-Operations
Customer Care Email ID: support@gaadibazaar.in

20. NODAL POINT OF CONTACT:

If the User has any grievance with respect to the vehicles/equipment listed, purchased or sold on the Website, the User can contact CIFCL's nodal officer to escalate :
Name: Krishnakumar.K.P
Designation: Sr. Associate VP-Operations
Customer Care Email ID: support@gaadibazaar.in

21. RELATIONSHIP OF USER AND CIFCL

a)  User agrees that no joint venture, partnership, employment, or agency relationship exists between User and CIFCL because of the Agreement.

b)  User shall have no authority to bind CIFCL in any manner whatsoever and shall not represent to the contrary, orally or in writing.

22. NOTICES

Except when explicitly stated otherwise, any notices to CIFCL shall be given by email to support@gaadibazaar.in

Notice/any communication shall be sent to the User either to the email address, if any provided by the User on the Platform or by post to the address provided by User on the Platform during the registration process. In the event of notice being sent through post, notice shall be deemed to be served within 3 days after the date of posting. In the event of email, the notice is deemed to have been served as soon as the email leaves CIFCL's computer system/resource.