Terms & conditions

Terms and Conditions

Welcome to Qlocar Autosolution Private Limited ("Qlocar," "we," "us," or "our"). We are delighted to have you visit Qlocar.com, your destination for comprehensive car services, including car searches (both new and used), inspections, price valuations, the sale and purchase of used cars, access to financial products such as loans, insurance, and other financial services offered by third parties, and various other automotive-related services.

Formation of Contract: These Website Terms of Use ("Terms of Use") constitute an electronic contract formed under the Information Technology Act, 2000, and rules made thereunder, along with any amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use do not require any physical, electronic, or digital signature.

This Terms of Use is published in compliance with Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publishing of rules and regulations, privacy policy, and Terms of Use for accessing or using the Website (defined below).

The domain name www.qlocar.com is owned and operated by Qlocar Autosolution Private Limited, a company incorporated under the laws of India, with its registered office situated at C-1010, Stratum @ Venus Grounds, Jhansi Ki Rani BRTS, Nehru Nagar, Ahmedabad, Gujarat 380015. These Terms of Use of the website available at www.qlocar.com, mobile site, and mobile applications (collectively referred to as the "Website") form an agreement between Qlocar and its users (hereinafter referred to as "you" or "your" or "yourself") outlining the terms on which Qlocar provides access to the Website and its services.

Entire Agreement: These Terms of Use, along with the documents/policies listed below (without limitation), available either on the Website, mobile application or provided separately by Qlocar Autosolution Private Limited ("Qlocar") to you, as applicable, and all other notices, rules, and guidelines regarding your use of the Website, constitute the entire agreement ("Agreement") between Qlocar and you.

• Privacy Policy
• Additional Terms and Conditions
• Terms of Service

These additional documents/policies, where applicable, including terms imposed by mobile application stores such as Apple's iTunes, Android's, etc., are considered incorporated into these Terms of Use by reference. By using the Website and app, you acknowledge and agree that your usage is strictly regulated and governed by the terms and conditions of this Agreement.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE/APP OR REGISTERING ON IT, ACCESSING ANY MATERIALS, INFORMATION, OR SERVICES, OR POSTING ANY ADVERTISEMENTS/INFORMATION THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

Qlocar utilizes third-party service providers to enhance our Services and Website and to monitor our Users' interests and activities. By using the Website, you authorize Qlocar and/or third-party service providers engaged by Qlocar to collect, use, store, analyze, reproduce, publish, and adapt (either independently or through third-party service providers) information related to your use of the Website for the purpose of data analysis and to enhance your experience on the Website. You acknowledge that this is solely undertaken by Qlocar to improve your experience on the Website, and the provision of such Services shall be subject to additional terms and conditions of Qlocar and/or third-party service providers.

Qlocar shall not be responsible for any services availed by you from such third parties or any payments made by you to such third parties in connection with the services. Any concerns or claims regarding such services should be directed by you to such third parties. If you click on links to third-party websites, you are leaving the Website. We are not responsible for the content of these third-party websites or for the security of your personal information when you use the third-party websites.

Eligibility and Important Information:

Eligibility: Access to and use of the Qlocar website and Mobile app ("Qlocar") is available only to individuals who are of legal age to form a binding contract under the Indian Contract Act, 1872, and any other applicable laws. By accessing our Website or availing any of our services, you represent that you are of legal age and legally competent to enter into a contract under the terms of use.

Persons who are deemed legally incompetent, including minors, individuals with mental incapacities, undischarged insolvents, or those otherwise incapable of forming a valid contract, are not eligible to use our Website or avail our services. Qlocar reserves the right to restrict or terminate access to the Website and deny services to any user without assigning any reason, in addition to any other remedies available under the law.

Important: Our Website, including mobile applications, serves as an online marketplace and intermediary under the Information Technology Act, 2000. It provides a platform for users to access various services. Any information provided on the Website is for informational purposes only and does not constitute specific advice, whether financial, legal, taxation, or otherwise. Qlocar is not liable for any transactions between users of the Website.

By accessing, browsing, and using this Website or availing our services, you acknowledge and agree to the limited and restricted nature of this use. You do so at your own discretion and responsibility.

Qlocar reserves the right to modify, suspend, cancel, or discontinue any or all sections or services of the Website and app without notice. We may also modify the information on the Website without notice. You agree that Qlocar shall not be liable for any such modifications, suspensions, or discontinuances.

You expressly agree to use any information provided on the Website/App at your own risk. It is advisable to conduct proper inquiries and use the information provided responsibly.

Additional terms may apply to specific content or usage of mobile applications, and you are required to abide by these additional terms, including those of third-party platforms like app stores, before downloading and installing the mobile app. These additional terms are incorporated by reference into these Terms of Use.

Services:

Qlocar serves as a platform for users of the Website and mobile application, acting as an intermediary to facilitate various automotive-related services. Our aim is to assist users in exploring their options thoroughly before making informed decisions. Among the services we offer, users can expect:

1. Comprehensive Car Information: Qlocar provides detailed information on new cars, upcoming models, including prices, specifications, dealer locations, and more.


2. Car Research Services: Users can research cars, compare prices, review technical specifications, assess other car attributes, and explore warranty and roadside assistance options.


3. Subscription-based Assistance: Qlocar offers a subscription service where users gain access to a range of benefits, including:
   
   
   • Assistance in securing the best price for their chosen car, including exclusive offers.
   • Pre-delivery inspection services to ensure the quality of the selected vehicle.
   • Access to the best insurance rates tailored to the user's needs.
   • Recommendations for high-quality and competitively priced car accessories.


4. Car Registration Management: Users' car registration details are securely stored in the Qlocar app for easy access anytime.


5. Service Schedule Reminders: Qlocar sends timely reminders to users for service schedules to ensure proper maintenance of their vehicles.


6. Service Records Maintenance: Users' service records are meticulously maintained within the Qlocar app for reference and tracking.


7. Roadside Assistance: Subject to availability, users can access roadside assistance in emergency situations.


8. Facilitation of Sale and Purchase: Qlocar offers services to facilitate the sale and purchase of used cars to dealers, including inspection and price discovery/valuation services.


9. Easy Car Selling: Users can easily sell their cars through direct listing or bidding with a single click of a button.

These services are provided at the sole discretion of Qlocar. We reserve the right to add, modify, or remove any services/products without prior notice or liability.

Features And Content:

Content: Within the context of this Website and App, "Content" encompasses a broad spectrum of information, comprising but not limited to data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents, or any other materials and information that may be accessed or downloaded. Content also encompasses any email, messages, e-cards, or other information provided by a user for display on the Website by Qlocar.

Features: "Features" refer to interactive elements, value-added services, or additional functionalities such as comparison tools, 360-degree views, and more, introduced or available on the Website by Qlocar.

Qlocar may provide users of the Website with the ability to upload or post various content, data, information, messages, files, photographs, articles, feedback, or any combination thereof (collectively referred to as "User Content") accessible to others or transmit communications to others. Certain tools may be operated by third parties, and usage is subject to the terms of this Agreement and the policies of their respective providers. This feature is offered for user convenience and expression of views on products/services available through or on the Website.

As the originator of User Content, you bear sole responsibility for the User Content you upload, post, publish, transmit, or otherwise make available on the Website. You affirm that you have obtained all necessary consents and approvals to post any User Content and that such content complies with applicable laws. You acknowledge that any User Content posted or transmitted through our Website represents the views of the author and not of Qlocar. Your use or reliance on such content is at your own risk.

You understand that Qlocar does not endorse any User Content on the Website and app and is not liable for such content. In the event that User Content violates any third-party rights or contravenes applicable laws, Qlocar may, at its discretion, remove or disable access to such content without notice to the user.

Assignment of User Content: By posting or providing User Content on the Website, you grant Qlocar a perpetual, non-revocable, worldwide, royalty-free, and sublicensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt, and create derivative works of the User Content. You warrant that you own or control all rights to the User Content and that such content is accurate, lawful, and does not breach these Terms of Use.

Your Account And Login Options:

Users may access the Qlocar website and app and its content as guest users without the need for registration. Guest users have limited access to certain features and information available on the Website. However, to unlock additional features and services not available to guest users, registration and account creation are required.

To register and create an account, users need to provide certain details such as their name, contact information, and email address ("Your Information"). Upon completing the registration process, Qlocar sets up a unique account for the user, providing a login ID and password ("Your Account").

Registered users ("Registered Users") gain access to a wider range of features and information on the Website, as well as the ability to use the Qlocar mobile application ("App"). The App offers additional functionalities tailored to enhance the user experience, such as seamless navigation, personalized recommendations, and access to exclusive services.

As a Registered User accessing our Website or using our App, you acknowledge and agree to maintain the confidentiality of your account details and not disclose them to any third party. You are solely responsible for any activity that occurs under your account.

You agree to provide accurate and current information during the registration process and refrain from using the details of another person or user account. Qlocar reserves the right to suspend, delete, or restrict access to your account if any provided information is found to be untrue, false, inaccurate, or pertains to another user's account.

Furthermore, the collection, storage, sharing, or disclosure of Your Information, whether provided as a guest user or Registered User, is governed by the Privacy Policy of Qlocar, which is incorporated herein by reference.

User Responsibilities:

By accessing and using the Qlocar website and App ("Website") and its services, you agree to adhere to all applicable laws, regulations, and terms outlined in this Agreement. Qlocar grants users a limited, non-exclusive, non-sub-licensable, non-transferable, revocable permission to access and utilize the Website and its services.

You acknowledge and undertake the following obligations when using the Website/App:

1. Compliance: You agree to access the Website/App and its services only through the interfaces provided by Qlocar and to comply with all terms outlined in this Agreement.


2. Content Restrictions: You will not host, display, upload, modify, publish, transmit, update, or share any information or content that:
   
   
   • Belongs to another person without authorization.
   • Is harmful, harassing, defamatory, obscene, pornographic, or otherwise unlawful.
   • Harms minors, infringes on intellectual property rights, violates applicable laws, or deceives recipients.
   • Impersonates another entity or contains malicious software.


3. Security Measures: You agree not to engage in any activity that interferes with or disrupts access to the Website or its services, including:
   
   
   • Attempting to gain unauthorized access to user accounts or Qlocar systems.
   • Using hacking or other illegitimate means to access or copy Website content.
   • Probing, scanning, or testing the Website's vulnerability or disrupting its security measures.


4. Prohibited Activities: You will not use the Website or its content for unlawful purposes, including:
   
   
   • Soliciting illegal activities or infringing on Qlocar's or third parties' rights.
   • Falsifying author attributions or deleting legal notices.
   • Violating any code of conduct or guidelines applicable to specific services.
   • Making negative or defamatory statements about Qlocar or its users.

Failure to comply with these obligations may result in the suspension or termination of your account and access to the Website or its services by Qlocar. Additionally, Qlocar reserves the right to remove or disable any content that violates these terms without prior notice.

Buyer Responsibilities:

Any individual purchasing products through the Qlocar platform ("Buyer") does so at their own discretion and assumes all associated risks. Qlocar helps with pre-delivery inspections and provides assistance in getting genuine accessories but does not provide recommendations or warranties regarding the quality, functionality, or suitability of products.

You acknowledge that the details available on the Qlocar platform are for informational purposes only and may vary from actual prices or product specifications. As a Buyer, you agree to adhere to any promotional offers or deals ("Scheme") launched by Qlocar, in addition to the terms outlined in this Agreement.

It is important to note that Scheme terms are to be followed strictly, and Qlocar reserves the right to suspend, cancel, or modify any Scheme without prior notice. Buyers are solely responsible for completing any necessary documentation required by applicable laws when purchasing products through the platform.

If additional services such as warranty or installation are required, Buyers must contact the seller directly. Qlocar acts as a facilitator between Buyers and Sellers and does not provide or guarantee additional services beyond the platform's functionality.

Qlocar advises against engaging in fraudulent purchase requests, as it may lead to legal consequences. Only individuals are permitted to purchase used cars listed on the platform, and any unauthorized purchases by dealers or business entities constitute a breach of this Agreement.

Please be aware that Qlocar may disclose information to law enforcement officials if fraudulent activity is detected. Your cooperation in providing accurate information and conducting legitimate transactions is essential to maintaining the integrity of our platform.

Seller Responsibilities and Auction Participation:

As a Registered User of the Qlocar platform, you have the opportunity to list or provide details of cars, both new and used, for prospective buyers.

You must ensure that you have the legal authority to sell the cars you list on our platform. Listings should include accurate descriptions, graphics, and pictures, and must be categorized appropriately. Offline solicitation of business or sharing contact details outside of the platform is strictly prohibited.

It is imperative that the description of listed cars accurately reflects their condition. Any discrepancies between the listing and the actual condition must be rectified promptly, with refunds issued if necessary.

Abuse or misuse of the Qlocar platform is not tolerated and may result in suspension or permanent debarment from accessing the website.

As a Seller, you certify the accuracy of all information provided about your listed cars. Dealers are prohibited from engaging in bribery or corruption with Qlocar employees or customers.

Sellers are solely responsible for completing and verifying all documentation related to the sale. Qlocar reserves the right to screen listings before publication to ensure authenticity, which may result in delays.

For Auction participation, Buyers and Sellers agree to abide by the terms and conditions of the auction, which may include additional documentation or security deposit requirements.

Subscription Fees and Payments:

While access to our platform is currently free for all users, we offer subscription-based features and services that may require payment in the future. By using these services, you agree to pay any applicable fees associated with them.

As a subscriber, you are responsible for all fees and payments related to your subscription, including any applicable taxes, charges, or cesses imposed by authorities. Failure to fulfill payment obligations may result in the suspension of services or termination of your subscription, and legal action may be taken in cases of non-payment.

Please note that you must only use payment instruments lawfully owned by you when making payments for our services. We do not tolerate the use of unauthorized payment details.

To facilitate payments for orders placed on our platform, we may engage with third-party payment processing service providers such as banks and financial institutions. You are required to comply with all rules, regulations, and guidelines applicable to online payments when using these services.

When making payments through third-party payment gateways, these providers process your payment to us, subject to your compliance with their terms and conditions. We cannot be held responsible for any payment failures or declines resulting from factors beyond our control, such as exceeding limits or incorrect details.

License, Platform Access, and Intellectual Property Rights:

License and Platform Access: By accessing Qlocar's platform and utilizing our services, you are granted a limited, non-exclusive, non-transferable, and revocable license, subject to compliance with our terms and conditions. This license allows you to access and use the features and services provided on our platform. However, certain restrictions apply:

• Commercial use of our platform or its contents, including resale or derivative use, is prohibited.
• Use of our platform for purposes other than contacting sellers with the intent of purchasing vehicles for personal use is not permitted.
• You are prohibited from reproducing, distributing, or exploiting any content from our platform for commercial purposes.
• Unauthorized framing of trademarks or logos, or any other use of proprietary information, is strictly prohibited.
• Software available on the platform is the property of Qlocar or its vendors and may not be used without permission.
• Any unauthorized use terminates the license granted by Qlocar under this agreement.

Modification: Qlocar reserves the right to modify, suspend, or discontinue any section or service of the platform at any time without notice. While we strive to provide accurate information, we do not guarantee the correctness of the data available on our platform. Users are advised to make proper inquiries before relying on the information provided.

Intellectual Property Rights: All content, including text, graphics, and design, on our platform is copyrighted and owned by Qlocar or its licensors. Unauthorized commercial use or alteration of this material is a violation of copyright laws. Additionally:

• Trademarks, logos, and service marks displayed on the platform are the property of Qlocar or its vendors and may not be used without permission.
• Users are prohibited from copying, reproducing, or distributing content from the platform without prior permission.
• Any use of Qlocar's intellectual property rights in contravention of this agreement may result in legal proceedings initiated by Qlocar or third parties.

Conclusion: All intellectual property rights not expressly granted to the user are reserved exclusively to Qlocar.

Indemnity:

By using our platform, you agree to protect, defend, and hold Qlocar harmless, along with its subsidiaries, affiliates, vendors, agents, and all associated directors, officers, employees, contractors, and agents (collectively referred to as "Indemnified Parties"), from any and all losses, liabilities, claims, suits, penalties, damages, demands, costs, and expenses arising from:

(i) Any breach of our agreements by you; (ii) Claims made by third parties related to your use of the platform; (iii) Allegations that any content, information, or materials provided by you caused harm to a third party; (iv) Violations of the rights of others, including intellectual property rights.

If Qlocar notifies you of any claims requiring indemnification, you must cooperate with us in determining the appropriate course of action. You are not permitted to settle any claim or admit liability on behalf of Qlocar without our express written consent, which we may withhold or condition at our sole discretion.

Liability Disclaimer:

Qlocar assumes no responsibility for any financial or other losses incurred by you as a result of:

(a) Any delays, failures, interruptions, or corruption of data during the transmission of information while using our platform; (b) Any interruptions or errors in the operation of our platform.

Regardless of any provisions in our agreements, Qlocar, its subsidiaries, affiliates, officers, directors, employees, partners, or suppliers shall not be liable to you for any special, incidental, indirect, consequential, exemplary, or punitive damages, including but not limited to loss of data, profits, or use, whether foreseeable or not, and regardless of whether Qlocar was aware of the possibility of such damages. This includes claims arising from breach of contract or warranty, negligence, or any other legal theory, related to your use of our platform, services, content, user-generated content, or third-party content.

Qlocar's total liability to you under these Terms of Use or otherwise shall not exceed the greater of one hundred Indian Rupees (INR 100) or the total amount of fees, if any, paid by you to Qlocar under the relevant order giving rise to the liability.

Platform for Facilitation:

Our platform serves as a medium for facilitating communication and transactions among users, providing an avenue for browsing products and services. In line with the Information Technology Act, 2000 (as amended), this website operates as an intermediary.

As such, Qlocar does not assume the role of a participant or controller in any transaction conducted between users. Hence:

• All commercial and contractual terms are solely agreed upon between the buyer and seller.
• Qlocar bears no responsibility for any non-performance or breach of contract between users, nor can it guarantee the fulfillment of transactions.
• Qlocar acts solely as a facilitator and is not involved in the advertisement, exhibition, or sale of products/services on the platform. Any transaction conducted is a bilateral agreement between the buyer and seller.
• Users must independently agree on delivery, payment, insurance, and other terms with the parties they transact with.

By releasing and indemnifying Qlocar and its officers from any consequences arising from user actions, you waive any claims under applicable law. Despite our efforts, we cannot control all information provided by users, which may occasionally be offensive, inaccurate, or deceptive. Therefore, exercise caution and use common sense when using our platform, particularly when dealing with foreign nationals, minors, or individuals acting under false pretenses.

Additionally, as an intermediary, you consent to receiving electronic communications from Qlocar when interacting with us through the website or other electronic means.

Reporting Abuse & Providing Feedback:

Qlocar advises its users against posting or uploading content that constitutes abuse of the platform or violates the terms of this Agreement. Additionally, language that is racist, hateful, sexual, or obscene in nature is strictly prohibited in public areas. Should you encounter any such instances of abuse or violation, or come across objectionable content that infringes on intellectual property rights, we encourage you to promptly inform Qlocar. We are committed to taking appropriate action, including verifying the information provided and removing or modifying content as necessary to address breaches of our Terms of Use or applicable laws.

Email Abuse and Threat Policy:

Private communications, including email correspondence, are not regulated by Qlocar. We strongly advise users against engaging in such practices. Any reported instances will be thoroughly investigated, and Qlocar will take necessary measures, including legal action if warranted, to halt such activities.

Providing Your Feedback:

When you share feedback or post comments (including user-generated content) on our platform, it is considered non-confidential. Qlocar reserves the right to utilize such feedback or user-generated content. By providing feedback, you acknowledge that: (i) your feedback does not contain confidential or proprietary information belonging to you or third parties; (ii) Qlocar has no obligation of confidentiality, whether express or implied, regarding the feedback; (iii) Qlocar may already be considering or developing something similar to the feedback provided; and (iv) you are not entitled to any form of compensation or reimbursement from Qlocar for your feedback under any circumstances.

Arbitration & Notice:

You and our platform, Qlocar, agree that any disputes or claims arising between you and Qlocar relating to this Agreement, previous versions of the Agreement, or any other documents incorporated herein by reference, as well as your use of Qlocar's Services or any products or Services offered through Qlocar's platform, shall be resolved through arbitration. The arbitration shall be conducted by a sole arbitrator who is an independent and neutral third party appointed by Qlocar.

The arbitration proceedings shall take place in Ahmedabad, Gujarat, India, and shall be conducted in the English language in accordance with the provisions of the Arbitration & Conciliation Act, 1996 (as amended from time to time).

If either party intends to seek arbitration, they must first send a completed Notice of Dispute ("Notice") to the other party by certified mail. The Notice to Qlocar must be sent to the address provided

Notice: Unless explicitly stated otherwise, all notices shall be given by postal mail or email.

On behalf of Qlocar:
Qlocar Autosolution Private Limited
Attn: Legal Department Address:
Address:
Qlocar Autosolution Private Limited
C 1010, Stratum @ Venus Grounds,
Near Jhansi ki Rani BRTS,
Nehrunagar,
Ahmedabad, 380015

Email: legal@qlocar.com

On behalf of the User: All notices regarding these Terms of Use from Qlocar will be served to you: By email (as provided by you during Registration or communication with Qlocar) or through general notification on the Qlocar platform.

Governing Law, Jurisdiction & Arbitration:

This Agreement and any documents referenced herein shall be governed by and construed in accordance with the laws of India. Any disputes arising under this Agreement between you and Qlocar, except those subject to arbitration as per Clause of Arbitration, shall be exclusively subject to the jurisdiction of the courts in Ahmedabad, Gujarat, India.