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.

ZKOOLS may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User 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 User Agreement. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and ZKOOLS's Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of ZKOOLS. You understand and agree that you are solely responsible for reviewing the terms and conditions of ZKOOLS from time to time.

Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites.

Membership Eligibility
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:

  1. Provide true, accurate, current and complete information about yourself as prompted by ZKOOLS's registration form (such information being the "Registration Data"); and
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or ZKOOLS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, ZKOOLS has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

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:

  1. If you breach the User Agreement or the documents it incorporates by reference
  2. If ZKOOLS is unable to verify or authenticate any information you provide
  3. If it is believed that your actions may cause legal liability for you, other users or ZKOOLS.
ZKOOLS may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended may not register or attempt to register with ZKOOLS or use the site in any manner whatsoever until such time that such user is reinstated by ZKOOLS. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, ZKOOLS reserves the right to recover any amounts due and owing by you to ZKOOLS and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

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.

  1. "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
  2. Your Information (or any automobile listed):
  3. shall not be false, inaccurate or misleading;
  4. shall not be fraudulent or involve the sale of counterfeit or stolen automobile;
  5. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
  6. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any automobile, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  7. Solely to enable ZKOOLS to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. ZKOOLS will only use Your Information in accordance with the User Agreement and ZKOOLS's Privacy Policy.
  8. You represent and confirm that you shall be the sole and exclusive legal owner of all automobiles, goods or products of any description that you wish to offer for sale on the Site or shall have complete right bestow on you by the legal seller in written and you should have the authority to deal in and offer for sale of such automobiles, goods or products.
  9. In the event that any transaction or attempted transaction relating to any automobile, good or service which violate this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform ZKOOLS of the same. You may contact ZKOOLS by sending mail to contact@Indianautoexchange.com
  10. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any automobile or services being sold or purchased on the Site.
  11. From time to time, you shall be responsible for providing information relating to the automobiles or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such automobiles or services so as to mislead other Users in any manner.
  12. You will not disclose your contact details like Phone number, address, emailing address in buying or listing process, other than the specified place in the form, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass ZKOOLS.
    • ZKOOLS has the right to terminate your membership if it is found that you are in non compliance of laws, terms or privacy policy of ZKOOLS. ZKOOLS shall also have the right to remove such content uploaded by you.
    • ZKOOLS shall have the right to limit the time regarding use of the service and the maximum number of days the content can be maintained in the site, the size of the posting and e-mail messages.
    • You shall be entitled to have only one membership and ZKOOLS reserves the right to remove duplicate memberships if found by ZKOOLS.

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 is not responsible for any non-performance or breach of any contract entered into between Users. ZKOOLS cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. ZKOOLS shall not and is not required to mediate or resolve any dispute or disagreement between Users.
  • ZKOOLS does not make any representation or Warranty as to the attributes (such as quality, worth, condition, etc.) of the automobiles or services proposed to be sold or purchased on the Site. In particular, ZKOOLS does not implicitly or explicitly support or endorse the sale or purchase of any automobiles or services on the Site. ZKOOLS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • ZKOOLS does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
  • The Site is a channel of communication whereby the Users can reach a larger base to buy and sell automobiles or associated services. ZKOOLS is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning buyer. At no time shall any right, title or interest over the automobiles vest with ZKOOLS nor shall ZKOOLS have any obligations or liabilities in respect of such contract. ZKOOLS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of automobiles which are out of stock or otherwise unavailable. All automobiles are offered only for a restricted time and only for the available supply.
  • You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
  • You agree to release and indemnify ZKOOLS and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ZKOOLS cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. You can also report such activities to ZKOOLS by e-mail (support@indianautoexchange.com). Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
    • ZKOOLS does not control, and is not responsible for advertisements, business information, messages between users, including without limitation e-mails sent from outside ZKOOLS’s domain or other means of electronic communication, through the platform or made available through the platform and the service. ZKOOLS is not liable for any content to which you may be exposed by using the platform and the service and you bear all the risks associated with the use of the content. ZKOOLS will not be liable for any loss or damage incurred while browsing or reading any content or e-mail through the service. ZKOOLS reserves the right to remove any content, in whole or part, that violates our terms and conditions, or for any other reason at our sole discretion.
    • Use of links of third party obtained through the service or platform of ZKOOLS shall be solely at your risk and will be subject to the terms and conditions of the third party web site. ZKOOLS does not control the third party web site and does not guarantee the authenticity or accuracy of such web sites. ZKOOLS will not have any liability whatsoever for such use.
    • ZKOOLS is not liable and does not warranty that the service or platform is appropriate for use and undertakes no liability for loss or damages caused due to the applicable laws in other jurisdictions and is not responsible for compliance with other local laws
    • You shall not assign or transfer the membership and if done shall be void. ZKOOLS reserves the right to transfer and assign the membership without any restriction.
  • You understand and agree that sending unsolicited email advertisements or other unsolicited communications to ZKOOLS email addresses or through ZKOOLS computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time ZKOOLS may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the ZKOOLS e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of ZKOOLS computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
    • ZKOOLS shall not be liable for any wrong information or wrong doing or unlawful information by you which affects the user of the site or any other third party.
    • You agree not to use the information given on this site or platform by other users on this site or platform for any unlawful activity.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. ZKOOLS cannot be made liable for use of your information on the site or platform by other users of the site or platform.

We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not.The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the pPlatform. We cannot control or access cookies used by third- party service providers. This Privacy Policy covers only cookies used by us, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the platform.

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

No Warranty
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

  • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site; and/or
  • Any interruption or errors in the operation of the Site.. You expressly understand and agree that ZKOOLS shall not 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 (even if ZKOOLS has been advised of the possibility of such damages).

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.

Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India.