Terms and Conditions

1.GENERAL

You are welcome at DoSeat.com for doing your two wheeler search. The domain name www.doseat.com and the android applications on Google Play Store named DoSeat Dealer App and DoSeat Field Pe (hereinafter collectively referred to as "Website") are owned by M/s. True & Real Value Automobiles Services Private Limited ( hereinafter referred to as “DoSeat.com”), having its office at 1st floor, Santosh, 33, Marol Cooperative Industrial Estate, off MV Road, Marol, Andheri (East), Mumbai - 400059.The use of this Website and the material (“Content”) contained herein are governed by this e User Agreement ("Agreement"). When you use this Website you acknowledge that you have read this Agreement and that you accept and will be bound by the terms hereof as such terms may be modified from time to time.

We thank you for using our services. By using the Website you agree to following terms and conditions in the Agreement. Please note that in event of change in this Agreement we will publish it online at the Website. We encourage you to review the Website periodically for such changes. This is a legal and binding document between you and True & Real Value Automobile Services Pvt. Ltd. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user Agreement for access or usage of the Website.

The use of this Website by you is solely governed by this Agreement and any policy so mentioned by terms of reference on the Website only. Visiting the Website’s home page or any of our applications, or using any of it’s services shall be taken to mean that you have read and agreed to all of the policies contained herein. Therefore all these policies are binding on you and that you are contracting with DoSeat.com and have undertaken binding obligations with DoSeat.com.

For the purpose of this Agreement, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The Website also providing its services without registration does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean True & Real Value Automobiles Services Private Limited. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to the service as listed on the Website, and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement.

We hold the sole right to modify the Agreement without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website following such a change, it is deemed as consent by You to the so amended policies. As long as You comply with this Agreement, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By impliedly or expressly accepting this Agreement, You also accept and agree to be bound by other Policies, inter alia Privacy Policy of DoSeat.com, which would be amended from time to time.

DoSeat.com is in the business of facilitating the purchase/ sale of new and used motorbikes/two wheelers (hereinafter referred to as the “two wheelers”) as per the requirement of the buyer from sellers of new or used two wheelers through offline, online auctions or direct negotiation between buyers and sellers. The scope of services provided by DoSeat.com include –

  • To facilitate and coordinate with the seller and the buyer in the sale/ purchase of the two wheeler.
  • To conduct online and offline auctions for sale of repossessed two wheelers of banks and finance companies, of exchange two wheelers of new showrooms and two wheeler OEMs and for customers desiring of selling their vehicles through the Website.
  • To provide Inspection/Certification Report which contains details of the performance and condition of the two wheeler.
  • To support in the ownership transfer of the two- wheeler through third party service provider, on case to case basis, at a fee.
  • To provide insurance through third party tie-ups, only upon request from the buyer on case to case basis, at a fee.
  • To provide Road-Side Assistance and Warranty on the purchased two-wheeler, through third party tie-ups, on case to case basis, at a fee.
  • To facilitate finance and loans for buyers of used bikes through our tie-ups with Finance Companies.

2.PURPOSE

The Contents provided on or through this Website are solely for information purposes and do not substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. By accessing, browsing and using this Website, you agree and acknowledge that you understand this limited and restricted use and agree that you would not rely on the information and materials contained in this Website for any purposes except as DoSeat.com intended or specified under this Agreement. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements and consequences thereof. DoSeat.com disclaims all liability for damages caused by use of Content on the Website. You agree that you are providing DoSeat.com with personal details regarding your name, mobile phone no., e-mail, address as well as documents required for KYC purposes if you are a dealers. You also agree that DoSeat.com may use the information for automated analysis. You further agree that DoSeat.com, to increase the value and benefit of this service to you, may provide your personal details to third parties namely two wheeler dealers, potential buyers, sellers, as the case may be in the ordinary course of business or providing services to you.

3.LINKS TO OTHER WEBSITES

This Website may contain hyperlinks to websites operated by parties other than DoSeat.com. The inclusion of hyperlinks to such websites does not imply DoSeat.com certification or endorsement of such websites nor any association with their operators. DoSeat.com or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Website. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites.

4.MEMBERSHIP

Use of the Website is available only to persons who can form legally binding contracts under applicable law and only to those above the age of 18 years. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor and wish to use the services offered on this Website, you may do so through your legal guardian and DoSeat.com reserves the right to terminate your account on knowledge of You being a minor and using the membership of the Website. The Website is not available to persons whose membership has been suspended or terminated by DoSeat.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or DoSeat.com has a reasonable reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account as well as hold you liable for all the consequences arising therefrom.

If you use the Website, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:

  • Provide true, accurate, current and complete information about yourself and your KYC as prompted by DoSeat.com registration form (such information being the "Registration Data"); and Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or DoSeat.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, DoSeat.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website, to the Apps or to any auctions services that you may have availed through DoSeat. This may also lead to you being disqualified for any auctions that you may have won in the past and for the banks and finance companies to take action against you legally and treat you as a fraudulent user.
  • You may post your reviews or comments; and submit suggestions, ideas, questions, or other information, so 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 form of "spam". You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Contents. However, you acknowledge that DoSeat.com does not pre-screen the Content, but that DoSeat.com and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.
  • Right to allow/deny/suspend/reactivate membership to access the DoSeat.com will be governed by Annexure to Suspension-Reactivation Policy only. User will have to abide by the actions prescribed in the Suspension-Reactivation Policy , will have to abide by the guidelines provided by DoSeat.com team the and will have to pay the required fee for reinstating his/her account.
  • Apart from the general usage like surfing on the website if you wish to avail specific services you may have to sign separate agreements like Seller Agreement or Dealer Agreement ,as required by the respective functions.

5.REPRESENTATIONS AND WARRANTIES

DoSeat.com or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Website. The information from or through this Website is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Website or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. DoSeat.com and its affiliates and associates shall not be liable, at any time, for any failure of performance, 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 Website. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

6.COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this Website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this Website is also your consent to receive SMSs from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly intimate us of the same via an email at info@doseat.com.

You may also be contacted by third party Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other communications will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to 3rd parties not connected with DoSeat.com.

7.FEES & SERVICES

The membership of this Website is free of cost and this includes the browsing of the Website and the checking of the services provided by DoSeat.com. DoSeat.com charges Transaction Fee and Certification fee and other fees might be levied as per the Fee structure described in Annexure for Fees & Service charges. In case of auctions, DoSeat charges fees for the purposes of conducting the auction and coordination between banks and finance companies about the winings and the payments due by you to the Banks and Finance Companies. However, as per our agreements with the Banks and Finance Companies, we are in no ways liable to any decisions made by the Banks or Finance Companies around the auction process or decisions around winners or bids or the payments terms of the Banks.

There might be charges like special listing fees or the charges for availing various offers on Website. If the User is availing any of the related services he/she is liable to pay for them without fail.

However, some of these charges might be waived off for fix duration as inaugural offer and/or to an Individual Seller or Associate Dealer, short listed and selected by DoSeat.com. DoSeat.com is not liable for making these selections public. Before you list any two wheeler for sale through the Website, we request you to review our Fees from Annexure for Fees & Service charges which is hereby incorporated by reference into this Agreement. The Fee Charging and Credit policies on DoSeat.com are effective from the inception of the Website itself. However, DoSeat.com reserves the right to change its Fee Charging and Credit policies from time to time. In particular, DoSeat.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event DoSeat.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be announced on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges etc. levied thereon. DoSeat.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Website in case of non-payment of fees by you or if required by competent government authorities or solely on discretion of DoSeat.com. DoSeat.com also reserves the right to take legal action in case of non-payment of fees by you or in in case of any violations of any of the rules and guidelines, breach of Agreement of by you towards DoSeat.com.

We reserve the right to amend this fees policy and charge for the services rendered anytime. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are announced on the Website.

8.WEBSITE’S INTELLECTUAL PROPERTY

All text, graphics, audio, design and other works on the Website are the copyrighted works of DoSeat.com unless otherwise indicated. Content on the Website is for personal use only. Any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of DoSeat.com and/or its affiliates or associates or of its third-party information providers. The Content available on the Website shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from DoSeat.com. All responsibility and liability for any damages caused by downloading of any data is disclaimed.

9.PRODUCTS & SERVICES

The Products and Services listed on the Website are for general description purposes only and not all the Products or Services are available at all times. The Products and Services shall be available only for a particular period. The Products shall be sold to the person who shows interest and first makes the payment. You can send us an enquiry by calling us through the phone number mentioned in Contact us or Send Query section, we will provide you with the details regarding terms and conditions, exclusions, products and services applicable for you. Please note the Products and Services that can be booked and purchased on the Website as mentioned below:

1.New and Used Two wheelers - When you make a booking for purchase on the Website, kindly go through the specifications of the two wheeler provided on the Website carefully to ensure the amenities present in the two wheeler or in the category of the two wheelers is as per your requirement. At some instances, we are dependent on the Seller/ third party to provide us with certain specific information. In case of any disputes, DoSeat.com shall not be held liable for any disruption in information, as the information shared to the Buyer/ Seller is as provided by the other party to the transaction.

2.Booking Amount- Please read the Terms and conditions before taking the two wheeler for purchase and before making any purchase. DoSeat.com takes no responsibility in case of any repair of the two wheeler or the quality of the two wheeler is not up to the level as desired by the Buyer and delays due to bad traffic conditions, any penalty due to speed by the driver or by yourself, etc. The person opting for booking shall be solely responsible for the two wheeler and agrees to indemnify DoSeat.com for any inactions or misfortune acts arising due to the test drive or in transit delivery of the two wheeler.

3.Insurance - DoSeat.com strongly recommends insurance cover and safety for the two wheeler. You can opt for Insurance with third party service providers through DoSeat.com. Please read the terms and conditions given by the Insurance Provider before purchasing the same. DoSeat.com takes no responsibility and liability on the claims and disputes whatsoever mentioned by the Insurance Provider.

4.Warranty, Road-Side Assistance and Vehicle Ownership-Transfer: DoSeat.com shall, with third party service providers, will provide Warranty and Road-Side Assistance for the purchased two wheeler, on case to case basis. Upon the specific request of the buyer, DoSeat.com through its third party service provider, may or may not choose to provide support for the ownership transfer of the two wheeler. Delivery, responsibility, commercials (among others like pricing) and service commitments for all the services provided, lies entirely with the respective service provider.

5. You as a customer may be eligible for services “DoSeat.com magic package” from DoSeat.com on completion and declaration of a transaction as well as ONLY on entering the seller code that you shall receive from the seller. You acknowledge that such services are underwritten by third party vendors and are provided to you as per their applicable terms and conditions. DoSeat.com shall not be responsible in any way for the quality, turn around time that these thirty party vendors are providing to you. Further DoSeat.com shall not be held responsible for any other third party vendor’s (i.e.mechanic, service station etc. who may be dispensing the service) conduct, language, response time and quality of work.

6. Auctions for Banks and Finance Companies: DoSeat will conduct online or offline auctions within closed user group of Dealers and other Buyers registered with us. DoSeat is responsible for conducting the auctions by posting the information about the vehicles as provided by the Banks and Finance Companies, making our platform available for the auction and providing the banks and finance companies with the auction completion report based on best bids received in the auction. Participation in the auction may be a function of terms as decided by Banks and Finance Companies, and involve KYC completion, receipt of security deposit and abiding by payment deadlines and process as outlined by the Banks. DoSeat is not responsible for the decision of the bank on who to award the vehicles to, on their decision to demand payment during a stipulated period of time, changing their decision to award the winner the vehicle or the time taken by them to process the NOC documents for those who have won and paid for the two wheelers in the auction. These decisions are totally between the Banks and Finance Companies and the Buyers and DoSeat is not party to the same and cannot be held liable for the same in ANY way.

7. Banks and Finance Companies usually provide 2 working days for completion of payments in the form as prescribed by the Banks and Finance Companies. After these 2 days have passed, Banks and Finance Companies are free to sell these vehicles to other buyers to recover the payments and close these transactions to meet their deadlines. All buyers need to be aware of the same and comply with these payment deadlines and guidelines strictly.

10.USER OBLIGATIONS

You are a restricted user of this Website.

  • You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
  • You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
  • In places where this Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
  • Further, You undertake not to: Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Post any file that infringes the copyright, patent or trademark of other legal entities; Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
  • You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section; Use the Website or any material or Content for any purpose that is unlawful or prohibited by this Agreement , or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Violate any applicable laws or regulations for the time being in force within India; Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation; Publish, post, disseminate information that is false, inaccurate or misleading; Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other parties.
  • You understand that all Contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DoSeat.com, are entirely responsible for all Content that you have provided DoSeat.com with in order to upload, post, transmit or otherwise make available via the Website.
  • You expressly agree not to use the Website to: (i) harm any user in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Website; (iii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the Website or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (v) upload or transmit any material that is deemed derogatory with respect to the name, services or Contents relating to or provided by DoSeat.com; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws;
  • You expressly represent and warrant that: (i) you are capable to use this Website in accordance with all terms and conditions herein in relation to the access and use of this Website and the services provided therein; and (ii) all information supplied by you in any correspondences or any other documentation to DoSeat.com is true, current complete and accurate. You expressly agree that this clause shall survive any termination of this Agreement.
  • You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of this Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  • In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
  • You expressly agree not to use the Website for any malintent or misdeclaration which will lead to cancellation of your transaction at the sole option of DoSeat.com. You expressly agree that physical verification of two wheeler lies solely on you before committing to the purchase. You further agree that you are solely responsible in choosing the mode of payment with the buyer/seller and that DoSeat.com is not responsible in any manner for any Cheque bouncing , fake demand drafts, fake currency etc as DoSeat.com does not participate in the transactions.
  • You expressly agree not to make any attempts to malign or create nuisance value of any type on the Website nor attempt to bring down the reputation of the Website during your interaction with the other users. Any physical or other abuse by you shall liable to be dealt with suitable by the DoSeat.com’s customer service team in accordance with the applicable laws.

You expressly agree not try to take any advantage of promotional schemes or offers on our Website through any misrepresentation or personation.

11.DISCLAIMER OF WARRANTIES

DoSeat.com or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Website. The information from or through this Website is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Website or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. DoSeat.com and its affiliates and associates shall not be liable, at any time, for any failure of performance, 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 Website. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

12. DISCLAIMER

DoSeat.com makes no warranties or representations as to the contents of this Website and DoSeat.com assumes no liability or responsibility for any errors or omissions in the content on the Website. 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.

DoSeat.com further makes no representation or warranty that any files, links or pointers available through this Website will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to the applicable law, DoSeat.com disclaims all warranties, express or implied. DoSeat.com makes no warranty that

  • The information will meet your requirements
  • The Website will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the Website will be accurate or reliable
  • The quality of any information obtained by you through the Website will meet your expectations
  • Any errors in the software will be corrected
  • The decisions taken by the Banks and Finance Companies or OEMs and showrooms during the auctions are influenced by DoSeat

Any material, contents or information downloaded or otherwise obtained from the Website 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.

DoSeat.com is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall DoSeat.com 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 fuel consumption.

13.INDEMNIFICATION AND LIMITATION OF LIABILITY

Neither DoSeat.com 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 Website or any part or whole of the content or arising out of any breach of warranty even if DoSeat.com 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 DoSeat.com information, from inability to use DoSeat.com information, or from the interruption, suspension, or termination of access to the content or Website (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 DoSeat.com or any information that appears on, or is linked or related in any way to, the Website provided there under. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

  • DoSeat.com provides a platform where one can execute his/her transactions. The Website does not control in any manner the transactions between the users.
  • DoSeat.com exercises extreme care in providing data on its Website under latest technological environment. Some words used like 'verified', 'trustmark' 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. However, the word 'trustmark' indicate that Website data are based on certification made by the DoSeat.com technical team. Users are advised to exercise their own independent verification before entering into any transaction.
  • DoSeat.com is not responsible for any non-performance or breach of contract entered into between users which includes Sellers like Banks and Finance Companies or Showrooms and OEMs and buyers such as Used Bike Dealers. DoSeat.com does not attempt to prove / guarantee / warranty such as quality, durability, condition, and worth of the two wheelers or services proposed to be sold or purchased on the Website by the third parties. DoSeat.com accept no liability for any omissions or errors whether on behalf of itself or third parties.
  • Users are advised to make best use of information provided on the DoSeat.com by verifying independently the bona fides of any particular User that you choose to deal with on the Website.

In no event shall DoSeat.com or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the site, its services or this Agreement (however arising, including negligence). DoSeat.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to DoSeat.com. DoSeat.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the site will be error free and/or uninterrupted. Consequently, DoSeat.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the site. You expressly understand and agree that DoSeat.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if doseat.com has been advised of the possibility of such damages).

You agree to indemnify, defend and hold harmless us and this Website including but not limited to its affiliate vendors, agents and employees, officers, directors from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this Agreement . Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of our services or the Website, any claim that our service caused damage to a third party, your violation of this Agreement, or your violation of any rights of another, whether ownership or otherwise, including any intellectual property rights.

In no event shall DoSeat.com, its officers, directors, employees, partners or third party service providers be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, loss of data or profits arising due to the use of our services, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to our services or materials.

You agree that the sale/ purchase of the two wheeler through DoSeat.com or its auctions shall be at your own risk and responsibility. We shall not in any manner be responsible for any issues arising out of the transaction. You are hereby advised to personally check for all papers or other documents related to the use, sale or purchase of the two wheeler or participate in the auctions only if you are willing to abide by the rules and regulations of the auction as prescribed by the individual Banks and Finance Companies.

You understand and agree that we are only a medium or auction platform of facilitating sale/ purchase of two wheelers to end customers/ dealers and therefore are not responsible in any way for any dispute/violence/theft or any other crime arising due to the use of our service and such responsibility shall solely lie between you and the respective seller/ buyer.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

14.HOSTING OF THIRD PARTY INFORMATION

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Agreement.

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

The content that you post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.

We are only a service provider in terms of the use of the Website, wherein we list new and used two wheelers information obtained from different parties. Though DoSeat.com uses its best efforts to curate the best possible two wheeler and provide with the accurate information and documents by stringent verification, it cannot guarantee the accuracy, integrity of the information and authenticity of documents and hence cannot be held liable for any such claims in any circumstances whatsoever.

15.COMPLIANCE WITH LAW

All users shall comply with all the applicable laws, at present or hereinafter enacted, including without limitation to Motor Vehicle Act, 1988 as amended by The Motor Vehicles (Amendment) Act, 2015,The Income Tax Act, 1961, The Central Motor Vehicle Rules, 1989 as amended by The Central Motor Vehicle (Amendment) Rules, 2014, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, and the rules made thereunder.

16.DISPUTES AND JURIDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, DoSeat.com reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai, India.

Governing Law: This Agreement shall be governed and construed in accordance with the laws of India.

17.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.

18.SEVERABILITY

Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:

  • be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability
  • be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability
  • not affect the validity of that provision in any other jurisdiction.

19.RELATIONSHIP

This Agreement or your use of this Website does not constitute any joint venture, partnership, employment or agency relationship between you and DoSeat.com.

20.CUSTOMER REGISTRATION

In preview of the Telecom Regulatory Authority of India (TRAI) guidelines, you hereby authorize True & Real Value Automobile Services Pvt. Ltd. (www.DoSeat.com) and its affiliates / partners / registered dealers, manufacturers or any other related player in automobiles or otherwise who are accessing the data by virtue of their association with DoSeat.com to communicate with You through telephone/mobile, Email, SMS or other modes of communication even if your number/numbers(s) is/are registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in.

21.CONTACT US

If you have any questions about this Agreement, the practices of True & Real Value Automobiles Services Private Limited, or your experience with the Service, you can e-mail us at info@doseat.com.

22.PURPOSE

For purposes of this Section: (a) the term "client " means any person or entity on whose behalf you are dealing on this Website and (b) the term "Agent" means any person or entity who represents its client. If you are an Agent: (c) you represent and warrant that you have been appointed as an agent, that you are duly authorized to execute this Agreement on behalf of your client and have full power and authority to bind client to all terms and conditions contained herein, and that this Agreement will be enforceable against your client in accordance with its terms; (d) you will not influence the certification inspector to misrepresent or bribe them or make any attempt to circumvent by not paying DoSeat.com’s transaction fees (e) you will, upon our request, provide us written confirmation of the agency relationship between you and your client, including, for example, your client’s express acknowledgement that you are its Agent and are authorized to act on its behalf in connection with this Agreement; (f) you will perform your duties pursuant to the Agreement in a professional manner consistent with any requirements we may establish; and (g) you and your client will be jointly and severally liable for all obligations under this Agreement, and you and your client each waive any rights that might require us to proceed against one or more of you prior to proceeding against the other.

© True & Real Value Automobiles services Pvt. Ltd. 2015