HOOHOOP TERMS OF SERVICE
The Company shall provide services to you subject to the T&C. Please read these terms carefully. These T&C, as modified or amended from time to time, are a binding contract between the Company and you as the Third Party Seller or Buyer (defined below), as the context may require, (“you” or “your” or “user”). If you visit, use, or transact at the Portal, you accept these T&C.
The user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Portal and all charges related thereto. The Company shall not be liable for any damages to the user’s equipment resulting from the use of the Portal.
As a condition of transaction through the Portal, the Portal requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and transaction, as well as updates about our services and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences or by calling us on our “Customer Care Number” provided on the Portal.
* These T&C apply exclusively to the relationship between HooHoop and the participants using the Portal. Any user’s own terms will be superseded by these T&C. The Portal includes materials and information collected from and provided by third parties that the Company has evaluated and reviewed.
* We want potential buyers visiting the Portal to feel free to share their email addresses with those listing vehicles for sale on the Portal. By accessing the Portal, you agree not to use information concerning other users of the Portal, or the vehicles they have listed or searched for on the Portal in any manner for any purpose other than to explore the potential purchase or sale of a listed vehicle.
2. Scope of Services
* HooHoop will facilitate advertisement by the sellers of the vehicle(“Third Party Seller”) and for HooHoop owned vehicles where the company sells them (“Sellers”) .Such vehicles shall be displayed on the Portal along with complete specifications until the vehicle gets sold to the prospective buyer visiting the Portal (“Buyers”). HooHoop shall also publish content relating to new and used passenger cars. It is hereby clarified that the Third Party Sellers can make a request to HooHoop to remove their vehicle at any point of time prior to the sale.
* The Company reserves the right to temporarily limit access to the Portal if such action is needed for technical reasons including but not limited to upgrading of the information listed on the Portal and server integrity. This may make it difficult or impossible to access advertisements during that period.
* You agree that some of the features may not be made available across all platforms of the Company’s Portal, such that some of the features may be accessible on the Website but not on the Application or vice versa, and that it is the Company’s sole discretion as to which services shall be made available on which platform.
* You agree that, at the Company’s discretion, features that may be made available on some operating systems may not be made available on others for reasons of security, compatibility and inter-operability.
3. Sale and Purchase of passenger cars
* The Portal is a vehicle listing and information service portal that brings together Buyers and Sellers. It is hereby clarified that the Company is not a party to any transaction between the Buyers and the Third Party Sellers that originates on or through the Portal. At no time shall the Company have any obligations or liabilities in respect of such transaction. It is further clarified that all information with respect to the vehicle is provided by the relevant Third Party Seller only. HooHoop in no way represents that this information is accurate. Except as otherwise stated herein, sale of HooHoop owned cars to Buyers shall only be subject to terms and conditions set out in the respective Vehicle Sale Agreement. Any other written additional terms and conditions in separate agreements between the Third Party Sellers and/or Buyers on one hand and HooHoop on the other hand shall prevail in case of a contradiction with these T&C.
* HooHoop offers a numbers of options for the Third Party Sellers to sell passenger cars. On the “I WANT TO SELL MY CAR” tab provide your name, phone number and e-mail and we will arrange for a call back.
* In order to offer a vehicle for sale, the Third Party Seller must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on the Portal, the Third Party Sellers are required to provide accurate and correct identifying and contact information. The information must accurately identify the Third Party Seller and the method of contact must permit HooHoop to communicate directly with the Third Party Seller. The Portal cannot be used to promote any other website, product, or service.
* By using our Portal to sell your vehicle, you represent to be competent to form a legally binding contract under New Zealand————–.
* Prior to listing of vehicle on the Portal, we will conduct quality tests with respect to such vehicles including HooHoop owned vehicles. By using our Portal, the Third Party Seller agrees to cooperate in these quality tests. If our tests reveal, or we, otherwise learn, that a Third Party Seller does not co-operate in quality test of the relevant vehicle, we reserve the right to deny that Third Party Seller use of services offered on our Portal and any affiliated websites or applications and refuse to list such Third Party Seller’s vehicle on the Portal.
* By listing a vehicle for sale on the Portal, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
5. Listing on the Portal
* Only passenger cars for sale shall be listed on the Portal.
* Users are obliged to submit correct and full information about their vehicle. HooHoop shall not be responsible for any damage arising from placement of false information by any user of the Portal to HooHoop.
* HooHoop shall take appropriate photographs of the vehicle to be listed on the Portal.
* The wordings of the advertisements shall be finalised by HooHoop and the same shall be in accordance with all laws and regulations of India.
* The user shall take full responsibility with respect to the contents pertaining to the listing provided to HooHoop.
* HooHoop expressly denies warranty and liability in case a transaction resulting from the listing does not take place, due to whatever reason.
6. User Content
* The user of the Portal assumes total responsibility and risk for the use of any interactive areas of the Portal. You acknowledge that any of the user generated content posted or transmitted through our Portal represents the views of the author, and not of HooHoop. You also acknowledge that your use of or reliance on such content is at your own risk.
* When publishing anything on the Portal or using any social medial tools or interactive features, you agree that you will not transmit:
1. Any copyrighted material unless you own or control the copyright in and to such material;
2. Material that is knowingly false and/or defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy or is otherwise
3. Material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
4. Profanity in subject lines, messages, or signatures;
5. Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
6. Material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
7. Spam, including, but not limited to junk mails, chain letters, unsolicited bulk email or duplicate messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
8. Material that contains advertisements or commercial solicitations; or
9. Material discussing illegal activities or linking to websites that deals with such activities
You further agree that you will not attempt or do any of the following:
1. Interfere with or disrupt the Portal or our computer systems, servers, or networks;
2. Attempt to again unauthorised access to any part of the Portal, to accounts that belongs to other users, or to computer systems or network connected to the Portal;
3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the robots exclusion protocol) or otherwise;
4. Collect information about others without their consent;
5. Interfere with the use of our Portal by any other individual or party;
6. Impersonate any person, or otherwise attempt to mislead others about your identity or post material under secondary user names or other aliases;
7. Share any username and/ or password you have on our Portal with any other persons;
8. Without limiting any of HooHoop’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on HooHoop(or on our affiliated websites) and services, and/or a ban from creating new accounts;
9. HooHoop reserves the right (but assumes no obligation) to delete, move, condense or edit any ads, ratings, reviews, content, or other posting that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other terms of this T&C. We will not, in the ordinary course of the business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this T&C, or to protect the rights, property, or safety of visitors to our Portal, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, HooHoop takes no responsibility and assumes no liability for any content posted to our Portal by you or by the third parties.
7. Other Content
HooHoop makes best efforts to ensure the content on the Portal is accurate. However, HooHoop is not responsible or liable for any loss or damage incurred as a result of the use of this content.
8. Personal and Non Commercial Use Only
Use of the Portal is for your personal and non-commercial use only. Except for the information related to the product and service offers, vehicle data, valuations, software and links and other content supplied by HooHoop and third parties (“Materials”) held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of HooHoop:
1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
2. use or attempt to use any Material published on the Portal to create any web site or publication or searchable database;
3. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Portal or generate or compile any document, index or database based on the Material published on the Portal;
4. transfer or sell any information, functionality or products or services offered on the Portal; or
5. Undertake any other action which is in violation of these T&C (or other terms and conditions and policies referred to in these T&C) or any applicable law
If HooHoop considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these T&C or in a manner contrary to HooHoop’s interests, then HooHoop may immediately terminate your right to access and use the Portal at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Portal.
9. Sales Policy
1. HooHoop shall at no point of time assure the Third Party Seller of a vehicle that the payment he or she receives from the Buyer is legitimate. The Third Party Seller and the Buyer must exercise goodjudgment while transacting with each other.
2. The price and other terms of any sale are subject to negotiation(s) between the Buyer and the Third Party Seller.
3. HooHoopauthorised mechanic shall conduct quality check with respect to each vehicle including the HooHoop owned vehicles prior to sale. The report pertaining to quality test provided by HooHoop with respect to each such vehicle shall be based upon the condition of the vehicle at the time of quality check. In case of vehicles owned by Third Party Sellers, HooHoop shall have no liability in any manner whatsoever with respect to any change/deviation observed in the vehicle as compared with the relevant quality check report. The Buyer shall have the sole responsibility to check/inspect the vehicle in all respect prior to purchase.
4. The vehicles shall undergo a fitness checklist before issuance of warranty. A record of certification of each car for which the warranty package is offered, and a record of registration of warranty will be maintained by HooHoop.
10. Deletion of Listings
HooHoop shall remove the listing of the vehicles as soon as such vehicle is sold or is no longer available for sale. HooHoop expressly reserves the right to remove listing from its database when the vehicle can no longer be assumed to be for sale.
11. Vehicle Search and System Integrity
Vehicles in HooHoop’s database may be searched for only via the search functions offered on the Portal. Users may not interfere with the Portal’s proprietary contents and coding. Attempts to influence the contents of other party’s listings are also forbidden. Any such attempts will be prosecuted.
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 our Portal to which we restrict access, for example, by requiring registration. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the user in the event of any conduct by the user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this Agreement. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this T&C, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Portal, (d) technical or security issues, and (e) 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 Portal or any part of the Portal. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
13. Copyrights and Trademarks
1. The trademarks, logos and service marks (“Marks”) displayed on the Portal are the property of the Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks. All information and content including any software programs available on or through the Portal (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Sites for commercial or public purposes.
2. The Portal contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the user’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material. The trademarks that are located within or on the Portal or a site otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
3. The user shall not upload post or otherwise make available on the Portal any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the users with indications, markings or anything else that may aid the user in determining whether the material in question is copyrighted or trademarked. The user shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Portal, the user warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. The user hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Portal by the user.
4. The foregoing provisions of this Section 14 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legal effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to omissions in these terms and conditions.
15. Disclaimer of Warranties; and Limitation of Liability
ALL CONTENT AND SERVICES ON THE PORTAL, OR OBTAINED FROM A SITE TO WHICH THE PORTAL IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE PORTAL BY ANY PARTY OTHER THAN THE COMPANY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE SHALLTHE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PORTAL OR A LINKED SITE, OR USER’S RELIANCE ON ANY SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PORTAL OR OBTAINED FROM A LINKED SITE. PLEASE SEEK ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE PORTAL OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE PORTAL, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, GOODWILL AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HOOHOOP AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE PORTAL WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE PORTAL OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS PORTAL.
You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party. The user releases HooHoop from all third party claims against HooHoop in such circumstances that the user’s use of the Portal violates the rights of this third party. The user also agrees to assume any necessary costs, including but not limited to, legal and court fees necessary to protect the rights of HooHoop
17. Current and Future Communications
By using HooHoop and filling any form on our Portal, you authorise the Company and its 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 Portal and offers offered by the associated third parties, regardless of your DNC or DND status.
18. Fraudulent and declined transactions
The Company reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Portal fraudulently. The Company also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Portal and any other unlawful acts or omissions in breach of these terms.
19. Credit Card Details
You agree, understand and confirm that the credit card details provided by you, if any, for availing of services on the Portal will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e., in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to the Company. Further the said information will not be utilised and shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time, the Company may offer special promotional offers which may or may not apply to your Portal’s account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by the Company. This T&C and the relationship between you and the Company will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Mumbai, India. The failure of the Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Company does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and the Company and governs your use of the Portal, superseding any prior agreements between you and the Company with respect to the Portal.
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision: If to Company: [email protected] If to you: at the email address provided by you to us when you registered on the Portal.
22. Report Abuse
In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Portal, please report to [email protected]
No term of these Terms will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach