zkools.com (zkools) User Agreement
Indo Auto Exchange Pvt Ltd. is a private limited company registered under the Indian Companies Act of 2013. The services are provided to you subject to the terms and conditions governing your use of the website www. zkools.com (hereinafter referred to as "the Site" or “zkools” or “ZKOOLS”) and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards zkools Pvt. Ltd. (hereinafter referred to as ZKOOLS) ("User Agreement ").
This Agreement is effective upon acceptance in registration for new registering users and you agree to abide by the terms and conditions of ZKOOLS and all other ZKOOLS policies. By registering as a new user you also agree that you have read and understood the terms, conditions and policies of ZKOOLS.
For the purpose of the terms and conditions and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the service in any manner whatsoever including persons browsing the services and its content, posting comments or any content or responding to any advertisements or content.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. By registering in this site, you affirm that you are legally competent to enter into this Agreement and also to use the Site. The Site is not available to persons whose membership has been suspended or terminated by ZKOOLS. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Your Account and Registration ObligationsIf you use the Site, you are responsible for maintaining the confidentiality of your account and pPassword and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or pPassword. You agree to:
Without limiting other remedies, ZKOOLS may limit your activity, immediately end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the site:
Electronic CommunicationsWhen you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fees and Services
Membership on the Site is free. ZKOOLS does not charge any fee for browsing on the Site. ZKOOLS charges Listing Fee to all sellers for listing their automobiles based on the pricing policy. All listing will be published on the website within 48 hours of listing subject to review and approval. However, such listing fee can be waived off for fix duration as Promotional Offer and/or to an Individual Seller or Associate Dealer, short listed and selected by ZKOOLS. ZKOOLS is not liable for making these selections public. Before you list an automobile for sale through the Site, we request you to review our Fees which is hereby incorporated by reference into this agreement. The Fee Charging and Credit policies on ZKOOLS are effective from April 1st 2017. However, ZKOOLS reserves the right to change its Fee Charging and Credit policies from time to time. In particular, ZKOOLS may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event ZKOOLS reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. ZKOOLS reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to ZKOOLS. ZKOOLS reserve the right to reject your listing and refund the fees paid, if the listing deemed inappropriate or against the policies of the ZKOOLS. ZKOOLS also reserves the right to take legal action in case of non-payment of fees by you to ZKOOLS.
Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
You shall not post, e-mail or share any information on this site that violates any law or regulation, that is defamatory, abusive, unlawful, invasive of another's privacy or other rights.
Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their transactions. ZKOOLS is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
ZKOOLS strongly advises you not to test the site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by ZKOOLS. Please be aware that even if you do not give ZKOOLS your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you
ZKOOLS and its suppliers provide the site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
Limitation of Liability
In no event shall ZKOOLS or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the site, its services or this agreement (however arising, including negligence). ZKOOLS's liability in any circumstance is limited to the amount of fees, if any, paid by you to ZKOOLS. ZKOOLS, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the site or that the operation of the site will be error free and/or uninterrupted. Consequently, ZKOOLS assumes no liability whatsoever for any monetary or other damage suffered by you on account of
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, damages, obligations or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. This indemnification clause will survive any termination of your membership.
Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and ZKOOLS and you shall have no authority to bind ZKOOLS in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to ZKOOLS c/o Indo Auto Exchange Pvt. Ltd. Attn: Legal Department, 1071 / Bethanya, Mather Nagar, Changampuzha Nagar P.O., Kochi – 682033 (in the case of ZKOOLS) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and ZKOOLS during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by ZKOOLS. The place of arbitration shall be Ernakulam, Kochi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Jurisdiction for disputes
This Agreement shall be subject to the exclusive jurisdiction of Courts at Ernakulam, Kerala, India. This Agreement shall be governed by the laws in force in India and any disputes or differences shall be decided exclusively by the laws of India.
The User Agreement shall be governed and construed in accordance with the laws of India.