Conditions of Use You are welcome to do your tyre search at TopFutureCars.com. Thank you for taking use of our services. We hope you enjoy browsing our site and find it to be a worthwhile use of your time. You agree to abide by the terms and conditions of the agreement by using the website. Please keep in mind that if this agreement changes, we will post it on the internet. We invite you to check the site on a regular basis for such modifications. This is a legal contract between you and TopFutureCars.com. This document is an electronic record under the Information Technology Act of 2000 and any related regulations, as well as the revised provisions relating to electronic records in different laws as amended by the Information Technology Act of 2000. A computer system generates this electronic record, which does not need any physical or digital signatures. This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publication of the rules and regulations, privacy policy, and Terms of Use for accessing or using the www.TopFutureCars.com website. Important The material offered on this website includes, but is not limited to, TopFutureCars’s services, and does not give any advice, certifications, guarantees, or warranties on the Content (as defined below) pertaining to the services made available by TopFutureCars on this Site. Policy on Cancellation Buyer must do the transaction using its own account. The Buyer will be held liable if an account is used fraudulently, and the onus to “show otherwise” will be solely on the Buyer. Buyer has the right to cancel any order that has not been shipped. The buyer will be notified of the goods shipping through email. Once the purchase has been sent, the customer must return the merchandise in accordance with our return policy. To cancel the purchase, the buyer must email TopFutureCars customer service. TopFutureCars retains the right to reject or cancel any order made for an incorrectly priced item/product. If the Buyer is charged, the amount will be credited to its account and the Buyer will be informed through email. Inventory levels for all items available on TopFutureCars are determined by demand and price projections, availability, and replenishment lead times. Because this is an ongoing and difficult process, certain goods may become unavailable despite our best efforts. The order will be cancelled if the product becomes unavailable with our supplier and cannot be obtained within 5 business days after the order confirmation date. If the buyer is charged, the money will be credited to his account and he will be informed by email. In such circumstances, TopFutureCars’s decision will be final. Policy on Returns and Refunds Following installation, the customer may file a return request with the vendor / dealer. Following confirmation from the seller / dealer, the entire amount will be credited to the client’s account and the customer will be informed via email. In the event of COD orders, the Seller / Dealer is liable for reimbursement. TERMS AND CONDITIONS OF USE These Terms of Use govern the use of this Site and the Content included within it (“Agreement”). When you use this Site, you agree that you have read this Agreement and that you accept and will be bound by its terms as they may change from time to time. 1: Function 1.1 As previously indicated, the materials offered on or via this Site are exclusively for informational reasons and are not intended to provide you with any kind of certification, guarantee, or warranty. By accessing, browsing, and using this Site, you agree and acknowledge that you understand this limited and restricted usage and agree not to depend on the information and materials provided in this Site for any use other than those intended or authorized by TopFutureCars in this Agreement. You also accept that you are ultimately responsible for assessing your precise needs and the ramifications of those requirements in all real cases. TopFutureCars disclaims all responsibility for damages resulting from the use of the Site’s Content. You agree to provide TopFutureCars with personal information such as your name, mobile phone number, e-mail address, and address. You also consent to TopFutureCars using the data for automated analysis. You also agree that TopFutureCars may transmit your personal information to third parties, such as auto dealers, prospective buyers, and sellers, in the usual course of business or delivering services to you, in order to maximize the value and utility of this service to you. 1.2 TopFutureCars will provide services for researching automobiles, pricing, technical specs, and other vehicle characteristics. The services may include listing your used automobiles online or perusing a list of used cars offered by TopFutureCars customers. TopFutureCars makes no promises about the accuracy of the data or its relevance to any individual scenario. 1.3 TopFutureCars may also allow the user to send SMS messages to the user’s top callers or send an email to the user’s friends informing them about the service. 1.4 The Site may provide certain Features (“Site” and “Features” as defined in Section 2) that allow you to send/receive invites/solicitation messages/reminders to your contacts whose details, as required by the specific Features, are submitted and expressly permitted to be used in this manner by you. Once you have chosen and agreed to such a Feature, you expressly agree that the Feature will allow you to send one instant message and a maximum of three reminders. Definitions 2 2.1 “Contents” or “Contents” refers to any and all information, data, text, software, music, sound, pictures, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents, or other materials and information that may be accessed or downloaded from this Site. Contents shall also include any e-mail, messages, e-cards, or other information provided by a user to TopFutureCars for display on the Site. 2.2 “Feature” or “Features”: A “Feature” is any interactive, value-added service or other new feature offered on the Site. 2.3 “Site” refers to the internet site commonly recognized by the URL www.TopFutureCars.com, as well as any pages connected to that URL that are posted and maintained by TopFutureCars or its agents. REPRESENTATIONS AND WARRANTIES NO. 3 3.1 TopFutureCars or any of its affiliates, associates, or employees will not be liable for any loss or damage suffered by any person as a result of any accidental inaccuracy in the information included on this Site. The information on or via this Site is given “as is,” with no explicit or implied warranties of any kind about the Site or the Content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 3.2 TopFutureCars and its affiliates and associates will not be liable for any failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of information contained on the Site at any time. There are no claims, warranties, or guarantees given as to the information’s correctness, adequacy, reliability, completeness, appropriateness, or application to a specific scenario. 4: Your Behaviour 4.1 You may post reviews or comments, as well as submit suggestions, ideas, questions, or other information, as long as the Contents are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You are not permitted to use a fake e-mail address, impersonate any person or institution, or otherwise mislead as to the origin of the Contents. You recognize, however, that TopFutureCars does not pre-screen the Content, but that TopFutureCars and its designees reserve the right (but not the responsibility) in their sole discretion to accept, reject, move, or delete any Contents made accessible via the Site. 4.2 You acknowledge that any Content, whether publicly posted or privately sent, is solely the responsibility of the individual from whom such Content originated. This means that you, not TopFutureCars, are solely responsible for any Content that you supply to TopFutureCars in order to upload, publish, transmit, or otherwise make accessible via the Site. 4.3 You expressly agree not to use the Site to: I directly or indirectly harm any user; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Site; or (iii) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site can type, or otherwise act in a way that negatively affects other users’ ability to engage in real-time exchanges. 4.4 You expressly represent and warrant that: I you are capable of using this Site in accordance with all terms and conditions herein in relation to the access and use of this Site and the services provided therein; and (ii) all information supplied by you to TopFutureCars in any correspondences or other documentation is true, current, complete, and accurate. You explicitly agree that this section will continue to apply even if this Agreement is terminated. 5: External Website Links This Site may include links to websites that are not owned by TopFutureCars. The presence of such hyperlinks does not indicate TopFutureCars certification or sponsorship of such websites, nor any affiliation with their administrators. TopFutureCars, its affiliates, associates, or employees make no judgment or assurance about the validity or accuracy of the content of any services or websites to which links are given. A link to another service or site does not constitute an endorsement of any goods or services available on that site or the Site. You will be fully liable for any and all consequences resulting from your use of such hyperlinks to websites. 6: Intellectual Property on Websites Unless otherwise specified, all content, images, music, design, and other works on the Site are the property of TopFutureCars. The Site’s content is intended only for personal use. Any modification of the content or use of the material provided in the Site for commercial purposes is a violation of TopFutureCars’s and/or its affiliates’ or associates’ or third-party information suppliers’ copyright. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from TopFutureCars. All duty and liability for any damages resulting from the downloading of any material is expressly disclaimed. 7: License and Site Access 7.1 TopFutureCars grants you a “limited non-exclusive license” to access and make personal (non commercial) use of this Site for informational purposes and not to modify either the whole or any portion of the Site. 7.2 The license shall not include: (i) any resale or commercial use of this Site or its Contents; or (ii) any derivative use of this Site or its Contents; 7.3 You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Site to any other entity or individual. No Contents or information on the Site may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using this Site. 7.4 You shall not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TopFutureCars and/or our affiliates without the express written consent of TopFutureCars. You may not use any meta tags or any other “hidden text” utilising TopFutureCars’ name or trademarks without the express written consent of TopFutureCars. Any unauthorised use terminates the permission and the license granted by TopFutureCars under this Agreement to you. 8: Modifications on the Site 8.1 TopFutureCars reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. TopFutureCars reserves the right to make modifications and alterations in the information contained on the Site without notice. You agree that TopFutureCars shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. 8.2 You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Site. 8.3 From time to time TopFutureCars may supplement its terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use. 9: Buying TopFutureCars.com 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 TopFutureCars.com. Please be aware that even if you do not give TopFutureCars.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As a seller you certify that all information provided by you against your listed car is true. Individual seller can list one car at a time and needs to make TopFutureCars.com aware of its timely status. 10: Login Options The TopFutureCars Members login (if any) is for the reference of only registered TopFutureCars’ Member. TopFutureCars reserves the right to discontinue the member Login on account of violation of this Agreement or any “Code of Conduct” set by TopFutureCars. TopFutureCars reserves the right to take all measures necessary to prevent access to any Content or portion of the Site or terminate access to the site if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right. 11: Disclaimer TopFutureCars makes no warranties or representations as to the contents of this site and TopFutureCars assumes no liability or responsibility for any errors or omissions in the content on the site. The contents are provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TopFutureCars further makes no representation or warranty that any files, links or pointers available through this site will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to the applicable law, TopFutureCars disclaims all warranties, express or implied. TopFutureCars makes no warranty that (i) The information will meet your requirements (ii) The site will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the site will be accurate or reliable (iv) The quality of any information obtained by you through the site will meet your expectations (v) Any errors in the software will be corrected. Any material, contents or information downloaded or otherwise obtained from the site is subject to this agreement and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. TopFutureCars is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall TopFutureCars be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 12: Limitation of Liability Neither TopFutureCars nor its affiliates, employees, agents or consultants shall in any event be liable for any indirect, incidental or consequential damages such as, but not limited to, loss of business information, loss of goodwill, business interruption or loss of anticipated profits or benefits resulting from use of the site or any part or whole of the content or arising out of any breach of warranty even if TopFutureCars or its affiliates, employees, agents or consultants have been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on TopFutureCars information, from inability to use TopFutureCars information, or from the interruption, suspension, or termination of access to the content or site (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute content, loss of goodwill, loss of profits, or loss of data. Such limitation shall further apply with respect to the performance or non-performance of TopFutureCars or any information that appears on, or is linked or related in any way to, the site provided thereunder. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. 1) TopFutureCars website provides a platform where one can execute his/her transactions. The website does not control in any manner the transactions between the users. 2) TopFutureCars exercises extreme care in providing data on its website under latest technological environment. Some words used like ‘verified’ have its own relevance. The word ‘verified’ indicate that website data are based on SMS and Call Certification from the information provided by the customer. Users are advised to exercise their own independent verification before entering into any transaction. 3) Users are advised to make best use of information provided on the TopFutureCars by verifying independently the bona fides of any particular User that you choose to deal with on the website. 13: Indemnity You agree to indemnify and hold TopFutureCars and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Contents you submit, e-mail, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site. 14: Acknowledgment The disclaimer and limited liability of TopFutureCars as set out in this Agreement are fundamental elements of the basis of the bargain for the Content and access to the Site. You agree that TopFutureCars would not otherwise be able to offer the Content or the Site on its present basis without such limitations. This clause shall survive any termination of this Agreement. 16: Special Admonitions For Interational Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. 17: Severability Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability (ii) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability (iii) not affect the validity of that provision in any other jurisdiction. 18: Governing Law and Arbitration All legal proceedings shall be subject to the jurisdiction of the courts in Delhi, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Delhi, India. 19: Relationship This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between you and TopFutureCars.
