BIKGAI AUCTION APP TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING “BIKGAI.COM” YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS YOU MAY NOT USE THE PLATFORM.
In these terms of use (“Terms”), the words "we", "us", "BikGai.com" and "our" refer to the corporate entity, SHEERDRIVE PRIVATE LIMITED with its offices at : Kagalwala House, Plot No. 175, Behind Metro House CST Road, Kalina, Bandra Kurla Complex, Santacruz East, Mumbai, Maharashtra 400098 and the words "you", "yours" refer to you as a user of our Platform (i.e. the Dealer)

ACCEPTANCE

1.1 These Terms along with other terms, conditions and policies of BikGai.com app set out the terms on which we offer you access to and use and its mobile application (“Platform”). By using or accessing the Platform in any manner or placing bids online through website Bikgai.com or its app or even offline through phone, WhatsApp, email, even though automated means, you agree to comply with these Terms.
1.2 These Terms may be updated by us at any time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any provision or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with our Platform in any way, your only option is to immediately discontinue using the Platform.
1.3 By proceeding to use the Platform, you warrant that you are eligible to contract under applicable laws. If you are using or accessing the Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent such person/entity. You affirm that you are at least 18 years of age and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
1.4 By proceeding to use the Platform, you accept that any bids placed by your ID through our website or App will be legally bid binding and it will be deemed your consented bid only. Under any circumstances excuses like someone else placed bid using my phone etc will not be accepted except those cases where online hacking of your ID is genuinely proved.
1.5 By proceeding to use the Platform, you understand that in case of default (not honouring your bid) or not getting the RC transfer done in stipulated time frame your deposit/RC deposit is liable to forfeiture. Failure to transfer RC may invite legal procedure as well.

SCOPE OF THE PLATFORM

2.1 The Platform is a tool that provides you the means to source inventory of vehicles for its onward sale. You quote a price to secure a right to procure a vehicle via placing a bid on the Platform.
2.2 Used vehicles will be placed on the Platform at such intervals communicated to you from time to time. At such sessions, the Platform will provide you the details of Vehicles along with a report on their condition and pictures for which you can submit your bids for purchasing the Vehicle. You acknowledge that these details are sufficient information for you to be able to submit your bids and buy the vehicle subsequently.
2.3 Your bids represent the value you offer to procure the Vehicle. Your bid will remain valid for a period of 10 (Ten) days from the date you have placed.
2.4 You acknowledge that you will have satisfied yourself about the title, condition, merchantability, roadworthiness of the Vehicle based on the information provided on the Platform prior to submitting bidding for the Vehicle. Once placed you do not have the ability to retract your bid.
2.5 Time period within which you can submit your bids will be as decided by BIKGAI.COM solely. You can visit the Platform and see the results of your bids. On acceptance of your bid by BIKGAI.COM, the Contract would come into effect immediately. Winning a bid does not automatically entitle you to procure a Vehicle unless the price quoted via the bid is specifically accepted by BIKGAI.COM and communicated to you. BIKGAI.COM may through the Platform from time to time limit the number of times you can revise your bid per Vehicle.
2.6 You undertake to complete all payment requirements along with execution of the Contract and take possession within 7 (seven) days of acceptance of your bid for the particular Vehicle. Failure to do some may result in forfeiture of any type of performance deposit paid by you.

ACCOUNT, REGISTRATION AND ACCESS

3.1 If you use our Platform, you shall be solely responsible for maintaining the confidentiality of your account credentials and you agree to accept responsibility for all activities occurring under your account. If at any point you feel that your account credentials may have been compromised, please bring it to our attention immediately.
3.2 You agree to provide us true, accurate, current and complete information about yourself as required at the time of your registration and promptly update us in the event of any change in the information provided.
3.3 You agree to maintain only one active account with us, accessing our Platform through multiple accounts may result in termination of all your accounts.
3.4 We may require you to pay an interest free performance security deposit as a security for performance of your obligations under contracts with BIKGAI.COM. This fee will be refunded to you, in the event you decide to cease using the Platform. We reserve the right to set off any amount paid by you to us against any amount due from you to us including any deposit, fees or damages payable by you under contract entered between us.
3.5 You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.

INTELLECTUAL PROPERTY RIGHTS

4.1 You acknowledge and agree that the materials on the Platform, including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, and are protected under applicable intellectual property laws.
4.2 Materials and Marks on the Platform are provided to you "AS IS" for your information only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent.
4.3 We reserve all rights not expressly granted herein in the Marks and the Materials. You agree to not engage in the use, copying, or distribution of any of the Marks or the Materials other than as expressly permitted in the Terms, including any use, copying, or distribution of Materials of third parties for any commercial purposes.
4.4 You agree not to circumvent, disable or otherwise interfere with security related features of our Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of our Platform or the Materials.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

5.1 You expressly acknowledge and agree that use of the Platform is entirely at your own risk and that the Platform is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. We make no warranties or representations about the accuracy or completeness of any content on the Platform and assumes no liability or responsibility for any
- (i)errors, mistakes, or inaccuracies of any content made available through the service,
- (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
- (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
- (iv) any interruption or cessation of transmission to or from the service,
- (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or
- (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the service.
5.2 In no event shall we, our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the service, including without limitation whether the damages arise from use or misuse of the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply fully permitted by law.
5.3 You agree to defend, indemnify and hold harmless us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms or any contract entered into with us; or (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform.
5.4 Any and all data, information, company logos, texts, programs and images of advertisements placed on the Bikgai.com Website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants' as Bikgai.com's own data. The copyright associated with an advertised vehicle, i.e. photos and text, does remain property of the advertiser.

VIOLATION OF TERMS AND TERMINATION

6.1 Please report any violations of the Terms that you become aware of by contacting us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
6.2 You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the Platform without any liability whatsoever towards you. Some of the reasons for such termination may include but are not limited to, your breach or suspected breach of these Terms or any contract entered with us; a request by law enforcement or another government agency,our decision to discontinue or change all or part of the Platform; technical or security issues; and any fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Platform.
6.3 Notwithstanding any other provision of these Terms, we retain the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. PRIVACY POLICY We respect your privacy and have developed a detailed Privacy Policy that is incorporated into these Terms by reference. By agreeing to these Terms, you are also accepting the terms of our Privacy Policy.

MISCELLANEOUS

8.1 The Terms and the relationship between you and us shall be governed by the laws of India. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of Mumbai, India.
8.2 These Terms and the other policies posted constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
8.3 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
8.4 Any failure of our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
8.5 These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
8.6 By using Bikgai.com and filling any form on our site, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status.

TERMS OF SERVICE:

9.1 The Buyer acknowledges that Bikgai.com provides a transaction facilitation service and will take a stated commission (as per fee structure published on site OR on vehicle during auction) be communicated prior auction) for each completed transaction. As a result, Bikgai.com does not guarantee the quality, safety, or legality of the purchased vehicle. A Buyer may elect to withdraw from negotiations at any time without any penalty, but not when there is an agreed-upon sale, at which point the negotiation process is deemed to be complete.
9.2 The Buyer acknowledges that Bikgai.com is not an e-commerce marketplace. Bikgai.com solely acts as a classified publishing platform and provider of transaction facilitation services for the sale of vehicles to help willing Buyers and sellers to buy and sell the desired vehicles (“Services”). The Buyer further acknowledges Bikgai.com is not acting as a trustee, fiduciary or escrow with respect to the Buyer's funds.
9.3 The Buyer acknowledges that Bikgai.com shall use commercially reasonable efforts to attempt to provide the Services contemplated under the terms of this document to the Buyer. Bikgai.com shall not negotiate with the seller on behalf of the Buyer. Bikgai.com shall not be responsible in the event the Buyer is unable to procure a vehicle by obtaining the Services.
9.4 The Buyer agrees to meet the selected sellers as per the mutually agreed date, time, and place for inspection of the vehicle. BIKGAI.COM shall not entertain any request for cancellation/ return post the successful handover of the vehicle on basis of the condition of the vehicle.
9.5 The Buyer has specifically acknowledged that the Buyer shall be making the payment of the vehicle to the seller and taking delivery thereof of the vehicle on “as is where is” basis and BIKGAI.COM shall not be liable for any payment-related discrepancy/ disputes.
9.6 The Buyer agrees to pay Service Charges to BIKGAI.COM for availing its Services. This will be based on the Agreed Sales Price of the car between the Buyer and the Seller. Details on the applicable service charges will be shared with the Buyer before initiating the transaction. The Buyer agrees to pay costs for any other services availed by the Buyer through BIKGAI.COM.
9.7 Photos on the website are to the best of manual ability and the Buyer can view the car in person to gauge the actual condition of the car.
9.8 The Buyer agrees to pay BIKGAI.COM a non-refundable token amount for the selected vehicle post the inspection.
9.9 BIKGAI.COM shall not entertain any request for cancellations/return post the successful handover of the vehicle on basis of the condition of the vehicle.

VEHICLE DELIVERY TERMS:

10.1 The Buyer agrees that it is the responsibility of the Buyer to take the final delivery from the Seller. Bikgai.com is not responsible for delivery of the vehicle to buyer's destination in any situation.
10.2 The Buyer shall provide the following documents with the Buyer Transaction Form to BIKGAI.COM with the token amount for authentication and identification purposes: Aadhar Card Pan Card Voter ID Government Bank Passbook Photograph Stamped Form 34 (in case of loan applicants)
10.3 For any single transaction of 10 lacs and above or annual transaction worth 50 Lacs and above TCS shall be required to be paid by the buyer as per table below:
Particulars PAN Available No PAN 1 Oct 2020 to 31 March 2021 0.075% 1% 1 April 2021 & Onwards 0.1%- 1% 10.5 In the event a loan is availed from any BIKGAI.COM group companies(if we choose to launch this any time in near future), the processing time for such a loan shall be 10 working days from the date of application for such a loan.
10.6 In case of loan defaults, loan rejections due to discrepancies at the Buyer’s end or incorrect/ insufficient information furnished or non-cooperation by the Buyer for verification/ validation of documents/ premises, etc. on account of the Buyer, the complete token amount might be forfeited subject to the discretion of the management team at BIKGAI.COM.
10.7 Any misbehaviour or improper conduct by the Buyer shall be unacceptable and might lead to cancellation of the transaction and potential legal actions.
10.8 The Buyer agrees that BIKGAI.COM shall not be liable for any refurbishment of the vehicle owing to the company policies.