Khivraj Automobiles and Infrastructure Pvt Ltd does not collect any personal or sensitive information without the knowledge and consent of the data subject. Grant of access permission shall amount to your consent. You are not required to provide us with any Personally Identifiable Information as a visitor. We may offer additional services / facilities / features to you as a User of our Platform or a Customer on our Platform. These additional services / facilities / features shall be optional and the data subject reserves the right to opt out of them at any stage. Further, to provide these additional services / facilities / features, we may require you to share personal information. We will seek your permission to access any such personal or sensitive information (such as but not limited to location access, phone book access, media files access etc). You reserve the right to grant specific and limited access, as per your preference. You may change your preference at any time on our platform.
a. We may collect personal information (“Personal Information”) from You while You register and create an ‘Account’ and avail Services available through the Platform. This information may include Your picture, name, Email ID, contact number, your financial information, Your Vehicle Owner Information including but not limited to RTO registration details, chassis and engine numbers and any other information as may be required to create the Account and as supplied by You for the specific purpose of providing You Services.
d. Location and Vehicle Information: For Khivraj Automobiles and Infrastructure Pvt Ltd to be able to provide vehicle specific services to you through its platform, we may seek consent to obtain your vehicle’s location information. We may further obtain information related to your vehicle, including without limitation, type of the vehicle, manufacturer and model number of the vehicle, battery information, vehicle faults, vehicle identification number (VIN), and any other vehicle information as may be required for Khivraj Automobiles and Infrastructure Pvt Ltd to be able to provide any vehicle specific services.
e. Phonebook, contacts, device location, SMS- and call-related data, inventory of other apps on the device, microphone, camera and other sensitive device or usage data: In order for us to be able to provide you the services/any additional services (such as Map, Trip Details, GeoFence, Anti-theft alerts, unauthorised vehicle movement alerts, emergency contact SMS, Bluetooth for Android users, Music, SMS & Call Management etc), we may seek permission to obtain access to your phonebook, contacts, device location, SMS- and call-related data, inventory of other apps on the device, microphone, camera and other sensitive device or usage data. Our platform provides the data subject with an option to ‘delete account’. By exercising this option, all information submitted by the data subject shall be deleted by the Company.
Any personal information you submit through our request forms or online registration forms or any other form on our Platform is meant only for the intended purpose of that section in the Platform respectively. Any such information may be shared with authorised third-party service providers (such as insurer, financier etc) if you choose to opt-in for any such third-party services. By agreeing to opt in, you consent to such information being shared with the authorised third-party. By giving your contact details to us over any of our Platform or Walk-in etc, you agree to receive communication from us over email/SMS/Call/WhatsApp.
Governing Law, Jurisdiction
The courts of Pune, Maharashtra, India shall have exclusive jurisdiction in respect of all matters arising out of, or concerning or incidental to using of our platform. You hereby consent to the exclusive jurisdiction of Pune courts (and of the appropriate courts therefrom) and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter to the jurisdiction of Pune court. Reach out
As you may know, a new European privacy regulation called General Data Protection Regulation ("GDPR") is in effect from May 25th 2018. Thus Khivraj Automobiles and Infrastructure Pvt Ltd understands the need of users to reach out to us in case if they would like to report any security breach noticed or if you would like to review, correct, update, suppress personal information that you have previously provided to us, request you to e-mail us at firstname.lastname@example.org After getting your message, if required we will get back to you with our analysis and action initiated. Please read our disclaimer as well
1. The information, products, and services included in or available on our platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Our platform and/or its respective suppliers/ affiliates may make improvements and/or changes on the platform at any time. 2. There may be information, advertisement and schemes displayed on the platform of certain Banks, Financial Institutions, Non-Banking Financial Companies, Individual Financiers, Dealers, Insurers etc. To the fullest extent permissible we disclaim the, correctness, viability, availability, merchantability or fitness of such information, advertisement and scheme. We hereby declare that the Banks, Financial Institutions, Non-Banking Financial Companies, Individual Financiers, Dealers, Insurers etc. are not our agent, partner or principle and we do not provide any guarantee or warranty or any representation on behalf of any of the Banks, Financial Institutions, Non-Banking Financial Companies, Individual Financiers, Dealers, Insurers etc.
3. Advice received via our platform should not be relied upon for personal, legal, commercial or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
4. Our platform and/or its respective suppliers, affiliates, associates, representatives make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, products and services contained on the platform for any purpose. All such information, products offered, services offered etc. are provided on an “as is where is” basis without warranty of any kind. We and/or our respective suppliers, associates, affiliates hereby disclaim all warranties and conditions with regard to the information, products, services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
6. The platform reserves the right to cancel any listing at any time for any reason, with or without cause/reason, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause/reason.
7. The material that appears on the platform is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services (through the online purchase portal at www.khivrajauto.com or through a dealership) you’ve read about on the platform, you should confirm with the selected dealer any information that is important to your purchasing decision. The Company or the platform is not responsible for, and does not guarantee the performance of, any such goods or services.
8. If you rely on this service or any material available through this service, you do at your own risk. You understand and accept that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services published on this site.
9. This service is provided to you “as is”. We and our affiliates, agents, licensors cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability or fitness for a particular purpose of the information available through the service (or any information, goods or services that are referred to, advertised on, or sold through this service). Nor do we guarantee that this information will be error free or continuously available, or that the service will be free of viruses or other harmful components.
10. The platform reserves the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
11. You agree that any material, information (except Personal / Sensitive Information), and ideas that you transmit to the platform shall be and remain the property of the platform.
12. All Transmissions (except Personal / Sensitive Information) shall be treated as non-confidential and non-proprietary and the platform shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, the platform shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.
13. You further agree that the platform may use information about your demographics and use of this site in any manner.
14. You agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from the platform any unlawful, threatening, libellous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
16. The platform may collect information from visitors that is not personally-identifiable, including the visitor's operating system, browser, domain name, and the specific web pages on the platform that are accessed or visited. The platform only collects this information in the aggregate, and only uses it to improve the platform.
17. The platform informs visitors that when they visit the platform, the platform may store some information on the visitor’s computer in the form of a "cookie" or similar file. These files allow the platform to tailor the platform to reflect a user’s / customer’s / visitor’s listed or historical preferences. Most Web browsers allow users to exercise control over such files on their computers by erasing them, blocking them, or notifying the user when such a file is stored. You are asked to refer to your browser's instructions to learn about those functions & Mobile settings for App.
18. We are not responsible for any errors, omissions or representations on any of our platform, or on any links on any of our platform. We do not endorse in anyway any advertisers on our platform. Please verify the veracity of all information on your own before undertaking any reliance. The linked Apps / Websites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site.
19. We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only of the courts of the Pune, Maharashtra in India. If you don't agree with any of our Disclaimers above please do not read the material on any of our platform. The platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the platform constitutes your agreement to all such terms, conditions, and notices.
20. We reserve the right to change the terms, conditions, and notices under which the platform is offered, including but not limited to the charges associated with the use of the platform. You are responsible for regularly reviewing these terms and conditions.
21. The platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. • Conduct or forward surveys, contests, pyramid schemes or chain letters. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses, without their consent. • Violate any applicable laws or regulations.
22. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
23. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
24. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
25. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
26. No compensation will be paid with respect to the use of your submissions, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
27. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
28. Software (if any) that is made available to download from the platform, excluding software that may be made available by end - users through a Communication Service, (“Software”) is the end work of the software provider. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
29. We reserve the right, in its sole discretion, to terminate your access to any or all of the platform and the related services or any portion thereof at any time, without notice.
30. This agreement is governed by the laws of the Union of India. You hereby consent to the exclusive jurisdiction and venue of courts in Pune, Maharashtra , India, in all disputes arising out of or relating to the use of the platform. Use of the platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
31. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the platform as a result of this agreement or use of the platform. Performance of this agreement by us is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the rights of the Company to comply with governmental, court and law enforcement requests or requirements relating to your use of the platform or information provided to or gathered by the platform with respect to such use.
32. Unless otherwise specified herein, this agreement constitutes the entire agreement between the data subject and the Company with respect to the platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the data subject and the Company with respect to the platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally genera ted and maintained in printed form.
33. The Invoice Prices generated by the platform are believed to be accurate, but the Company and its suppliers do not warrant or guarantee such accuracy. The visitors are required to confirm the prices with the selected dealer before making a purchase through the platform and its suppliers do not authorize the use of such prices for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
34. Each individual manufacturer, distributor, dealer, financier, end user participating at the platform is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. We do not guarantee, warrant or endorse any product or service sold by a manufacturer, distributor, dealer or financier, nor do we have any liability or responsibility for the quality or performance of any pro duct or service sold to you by any manufacturer, dealer or financier. 35. The purchase of any product or service from a manufacturer, dealer or financier at the platform is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. We have no responsibility or liability for any Merchant or your relationship with such Merchant.
36. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the manufacturer, dealer or financier. With respect to applicable taxes, the manufacturer, dealer or financier will advise you subsequently of the exact amount of tax due on your purchase. We have no responsibility whatsoever for any miscalculation or omission by a Merchant of applicable taxes on any sale.
37. Used vehicle listing is offered solely as a forum for you to utilize the Services to buy and sell two wheelers. The Company is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party’s agent.
38. We cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, we cannot control or warrant the behaviour of the users of the Services. As such, your use of this section is at your own risk, and the Company disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services.
39. You hereby agree to release the Company, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of the platform.
40. Khivraj Automobiles and Infrastructure Pvt Ltd through the platform is limited to providing access to product information, enabling online purchase of the listed vehicles and providing access to ancillary third party services for the purchase through the respective web interfaces. Khivraj Automobiles and Infrastructure Pvt Ltd through the platform is not a party to any financial or other third party transactions between you and the Dealership / financier / insurer / provider of the third-party Services, and as such, cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods. Any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods shall be solely between the customer and the dealership / other third party service provider (including but not limited to payment gateway provider, financier, insurer etc) as per the terms and conditions agreed between the said parties.
41. The Company is not responsible for any pornographic material, restricted secrets or controlled content or material in any form, which may be uploaded by Registered Users/third parties onto the platform . All submissions of this nature are unauthorized by the Company and it shall use its best efforts to remove any such submission as soon as it is notified of the same. The Company is not responsible for and will not be liable for, any conduct, failure to act, product or services of the platform’s affiliated App / Websites, including, without limitation, the manner and timing of opportunities to accumulate or use the platform and any malfunction, breach of warranty or injury or damage suffered as a result of the products or services offered by any platform affiliated App / Websites.
42. The platform may contain links to other App / Websites. The Linked App / Websites are not under the control of the platform and the Company is not responsible for the contents of any Linked App / Website, including without limitation any link contained in a Linked App / Website, or any changes or updates to a Linked Site. The platform is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the platform of the site or any association with its operators.
43. The Company does not warrant that any App / Website that it administers within the scope of the platform or any linked web site is free from viruses or other destructive materials, and the website and its affiliates shall not be liable for any damage caused to the Registered User's hardware or software as a result of the Registered User's participation in the platform. The Company does not warrant that Registered User will be able to access any platform administered by us and the Company will not be liable for any damages suffered by the Registered User as a result of not being able to access such platform.
44. The Company does not warrant the safety of any data sought from you through voluntary access permissions. You shall be solely responsible for submitting, saving, storing or otherwise allowing access to your personal data by granting access to such data. Any breach or loss of such personal data that may happen other than due to negligence of the Company, shall not be the responsibility of the Company. Access permissions for any data sought is voluntary and may be needed for any voluntary services that we might offer. You reserve the right to disallow any access permissions and to choose opting out of any such services.
45. Before submitting any personal / sensitive information, it shall be the sole responsibility of the data subject to ensure that any such website or mobile application is a platform of the Company. In the event any third party website or mobile application purports to be the Company’s platform and the data subject submits their personal / sensitive information on such website / mobile application, the Company disclaims any liability in the event the data subject suffers from any breach of its personal/sensitive information if such breach occurs through a platform not owned by the Company.
DISCLAIMER FOR PRINTED COMMUNICATION
GENERAL CLAUSES• The specific details of this brochure or any other form of printed communication that you are in possession with, does not apply to any particular product supplied or offered for sale. The manufacturers reserve the right to vary any specifications, including the colours and price, with or without notice at such times in such manner as deemed appropriate. Do note that major as well as minor iterations may be involved. This publication shall not constitute under any circumstances whatsoever - an offer by the Company to any individual.