Auction Terms & Conditions
Applicable to your use of our website, https://www.autokatta.com and app (hereafter referred to as the "Site").
This Agreement is entered into between you (the "User"/ “You”) and Seller/Owner (“AUCTIONEER”) and Autokatta Solutions Pvt. Ltd (“AUTOKATTA”) “Service Provider”.
This Site is owned and operated by AUTOKATTA and AUTOKATTA hereby agrees to assist AUTIONEER for performing the Services as per the terms contained herein. AUTOKATTA and AUCTIONEER hereby agree to jointly provide the online disposal services (hereinafter elaborated) on terms and conditions contained herein.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions hereinafter contained in it. You also acknowledge and agree that, unless AUCTIONEER specifically provides otherwise, this Agreement only applies to this Site and AUCTIONEER’s online Services available on this Site, and does not apply to any other offline services.
AUCTIONEER being Service Provider & AUTOKATTA being operator reserves the right to periodically change the terms and conditions of this Agreement and it is the Users‟ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
Modification of the Site –
AUCTIONEER being Service Provider & AUTOKATTA being operator reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice, at its sole discretion. By your continuous use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates. AUCTIONEER only grants you permission to access and make use of the Services provided in the Site. You are not authorized to download the code, prohibited content or modify/alter/change/amend/vary /transform/revise the Site in any manner.
(a) “Disposal Facilitation Service(s)” shall mean services of providing an on-line platform to facilitate the competitive disposal of Vehicles legally disposed and such services are jointly provided by AUTOKATTA and AUCTIONEER.
(b) “Auto Bid” shall mean and include the bid placed by Service Provider / AUTIONEER on behalf of the User upon any authorization from the User to increase the bid up to the maximum bid amount as quoted by the User during the sale of vehicle.
(c) “Bid Limit Slab” shall mean the limit prescribed as under or any amendment thereto pursuant to which the security deposit is payable by the User at the sole discretion of Service Provider / AUCTIONEER.
(e) "Service Period"/ “Event” shall mean and include such period, mentioning the start date and time and the end date and time i.e. providing a specific period for purchase of the Vehicles.
(f) "Offer/ Bid" means offer or proposal/s made to the seller, confirming payment in full, if Declared as the Winning Bidder and accepting the Vehicle against final offered price quoted During the Event. (It includes offers during a disposal Event in which people compete by Raising the offer or proposal until the Event closes and there is no more offer or proposal Made.)
(g) “Highest Bid” shall mean the price which is the highest in terms of price, during service Period.
(h) "Bid Price" is a price, which may be equal to or more than the minimum price, last bid Price, offered by User / You, as a bidder, for the purpose of purchasing the Vehicle.
(i) "Delivery" means delivery of the Vehicle by the Owner / Seller to the Winning Bidder in Accordance with this Agreement.
(j) "Last offer price" shall mean the price, which is the highest price quoted by the User for the Vehicles, at the end of the Service Period.
(k) "Minimum Price/Starting Price" means minimum price quoted for the Vehicles and as displayed on the Site.
(l) “Negotiated Sale”/ “Bulk Bargain” shall mean and include the purchase of large scale of vehicle by the User by availing the Disposal Facilitation Services of AUTIONEER.
(m) “Proxy Bid” shall mean and include the bid placed directly by User or AUCTIONEER on behalf of the User upon any authorization from the User by accepting a separate terms and conditions of such proxy bids to increase the bid upto the maximum bid amount as quoted by the User during the disposal Event of assets by the payment of a refundable security deposit amount.
(o) "Disposal" shall mean and include transfer of possession and ownership of Vehicle/Asset for specified amount (Winning Bidder of Vehicles / Assets at maximum Offer/proposal).
(p) “Variable Bids” shall mean and include the variable limit which AUCTIONEER fixes at its sole discretion limiting the number of bids to be placed by the prospective buyer.
(q) "Taxes" shall mean and include GST(Goods & Service Tax) ,TCS if applicable and withholding taxes including but not limited to and other levies that are applicable on the date of transaction as per lawon any payments or transactions envisaged under this Agreement.
(r) "User" is any person who accesses the Site for whatever purpose, regardless of whether the said User has registered with Service Provider as a Registered User. A User includes a business entity and any legal entity which may be represented by such person under actual or apparent authority.
(s) “Vehicle(s)” shall mean the vehicle offered by the Owner / Seller for Disposal on the Site.
(t) "Winning Bidder" shall mean and include the registered user whose bid is the highest,in terms of price, at the end of Service Period.
(u) “Owner”/ “Seller” shall mean and include the person/s or any entity/ies that has/have all the legal rights and title over the Vehicles and is legally entitled to dispose such Vehicles using Disposal Facilitation Services of AUCTIONEERand transfer such Vehicles with clear title.
Registration Fee –
In consideration of online platform services for disposal of Vehicles, the below fees are to be paid by the User through this Website or autokatta app to AUTOKATTA and shall be retained by them. Such fees entitles the User to avail of the Disposal Facilitation Services offered through the Website for a period 12 months from the date of activation
a] Non Refundable, non transferable One Year / Five Vehicle Subscription/Validation fee Rs. 1,000/- (Rupees One Thousand) Plus GST/ applicable Taxes.
b] Non Refundable, non transferable One Year / Multiple Vehicle Subscription/Validation fee Rs. 6,500/- (Rupees Six Thousand Five Hundred) Plus GST/ applicable Taxes.
*GST Registered Dealer has to share its GSTIN/ Unique Id of registered recipient.
*For individuals PAN number is mandatory
Usage of Site –
This Site acts only as a venue/platform for its Users to negotiate/interact for acquiring of
Vehicles from the Owner/Seller, on such terms and in the manner mutually agreed between User / You and the Owner/ Seller. For all Disposal Facilitation Services, operator AUTOKATTA shall not be involved in the actual transaction taking place between buyers/Users and Sellers and operator AUTOKATTA is therefore not a party to any contract/sale, negotiated between buyers/Users and Owner/Sellers. All transactions under the Site will solely and exclusively be your responsibility, operator AUTOKATTA merely acts as a facilitator and will not be liable for any loss that you may incur, while negotiating / interacting or for any act / omission of the Owner/Seller. You are advised to be diligent and exercise due & pragmatic caution before agreeing upon any understanding. Users may use this Site solely for their own personal or internal purposes.
You agree that you shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site for the purpose of reselling or re-distributing, mass mailing (via emails, wireless text messages, physical mail or otherwise), or operating a business that competes.
Systematic retrieval of any information from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without the prior written permission from AUTOKATTA, is prohibited. In addition, use of the content or materials of the Site, for any purpose not expressly permitted in this Agreement is prohibited.
As a condition of your use of the Disposal Facilitation Services provided under the Site by AUCTIONEER through operator AUTOKATTA, you shall not undertake any scheme which will undermine the integrity of the computer systems or networks used by AUTOKATTA and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. You shall not use the services provided by AUTOKATTA in any manner that could damage, disable, overburden or impair any AUTOKATTA server or the
network(s) connected to any operator AUTOKATTA server or interfere with any other party's use and enjoyment of any Disposal Facilitation Services.
Third Party Content –
Some of the Content/information displayed on this Site is provided or posted by third parties
("Third Party Content") which may be from independent websites, over which AUCTIONEER / operator AUTOKATTA has no control or ownership. AUTOKATTA may not be the author of third-party content, whether contributed by anonymous users or paid content providers. You agree and understand that by visiting such websites you are beyond AUTOKATTA 's Site. Neither AUCTIONEER or operator AUTOKATTA nor any of
our affiliates, directors, officers or employees have entered into any sales agency relationship
with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. AUCTIONEER/ operator AUTOKATTA is not responsible for the authenticity, availability, suitability, reliability, accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content, as the same is provided on "as is" without warranty of any kind. In addition, AUCTIONEER is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. AUCTIONEER may allow User access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. User acknowledges that AUCTIONEER/ operator AUTOKATTA has no control over such third party's website, does
not monitor such websites, and AUCTIONEER/ operator AUTOKATTA shall not be responsible or liable to anyone for such web site, or any content, products or services whatsoever that made available on such a website.
Registered Users –
Individual registration, by the User is required to become a Registered User to purchase the
Vehicles offered under this Site.
The Registered User is required to fill an online registration form available on the Site by providing true, correct and accurate information, such as name, address, mobile, telephone, and fax number, valid email address, details of business, etc. during time of registration. A system generated password shall be mailed to the Registered User on successful submission of registration form. The Registered User is advised to change the password immediately upon logging into the Site for the first time.
To become a Registered User, the User must study:
(ii) Validate his/her mobile number;
Notwithstanding the above, AUTOKATTA reserves the right to introduce newer type(s) of fee, charges or other consideration, cancel, modify, increase, decrease or withdraw the fees levied, at any point of time and without any prior notice or assigning any reason thereof. Thereafter, each Registered User will be able to log-in and access their own account by feeding in the user alias ("User ID") and password ("Password").
Online Disposal Facilitation Services are available only to those individuals /companies / entities who can form legally binding contracts under the applicable law. Also, the User(s) must not be a minor as per Indian Law, i.e. user(s) must be of sound mind and at least 18 years of age to be eligible to use the services provided herein.
Notwithstanding the above, AUTOKATTA may refuse registration and deny the issuance of an account and/or email account and associated User ID and Password to any User for whatever reason and without stating any reasons thereof.
The Registered User, an Individual/a business entity / corporation/ legal entity as the case may be, hereby represents that
(a) you have the authority to bind the entity to this Agreement;
(b) the address you use when registering is the principal place of business of such business entity;
(c) all other information submitted to AUTOKATTA during the registration process is true, accurate, current and complete.
For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in operator AUTOKATTA's Database.
A Registered User may not sell, attempt to sell, Offer to sell, give, assign or otherwise transfer an account, User ID or Password to a third party. In addition, you are entirely responsible for maintaining the confidentiality of your account, User ID and / or Password. AVIS may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, Offer to sell, gift, assignment or transfer in violation of this section and block access to all users from that IP address, immediately without notice. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AUTOKATTA immediately of any unauthorized use of your account or any other breach of security. AUCTIONEER / operator AUTOKATTA will not be liable for any loss that you may incur as a result of unauthorised use of your password or account. However, you could be held liable for losses incurred by AUTOKATTA or
another party due to unauthorised use of your account or password.
Representations and Warranties –
Each User hereby represents, warrants and agrees to :
(a) Make payment for Vehicles purchased by User; or
(b) Takes Deliver of the Vehicles purchased.
While using the Site, each User represents warrants and agrees not to:
(a) Use the Site, if it is not able to form legally binding contracts or any link is temporarily or indefinitely suspended from AUTOKATTA's Site;
(b) Manipulate the price of any item or interfere with any other User's listings;
(c) Take any action that may undermine the feedback or ratings systems;
(d) Transfer your account (including feedback) and User ID to another party.;
(e) Distribute viruses or any other technologies that may harm AUTOKATTA or the interests or property of AUTOKATTA users;
(f) Copy, modify, or distribute content from the Site and AUTOKATTA copyrights and trademarks; or
(g) Harvest or otherwise collect information about users, including email addresses, without their consent.
Refundable Security Deposit –
Each registered User agrees to pay a refundable security deposit (RSD) of Minimum Rs. 10,000/- (Rupees TEN Thousand) so as to avail the online Disposal Facilitation Services. This amount shall be paid to AUTOKATTA and shall be held until the end of the bidding process. Receipt details of such payments made are to be uploaded on the site.
a] Refundable Security Deposit made to any event, will be refunded to Successful Bidder only upon receipt of copy of transfer of ownership document’s (RC) and after adjusting facilitation fee payable to AUTOKATTA, including dues, if any. For un-successful Bidders RSD amount shall be refunded upon receipt of refund request.
b] For claiming Refundable Security Deposit (RSD) amount User has to send formal request through his/her ID.
c] Successful Bidder authorized AUTOKATTA to deduct facilitation fee and any other due amount upfront from the RSD amount.
d] If the payment receipt number is not updated in the system then it will not be included in the buyer assessment process.
Each User represents, warrants and agrees that any Offer made by him/her/it on a Vehicle listed on the Site is legally binding; and if the User does not fulfill the transaction by paying in full for the Disposal Facilitation Service through the Site he/she/it may be prohibited from participating in future use of the Site and face legal proceedings for any financial loss caused to AUTOKATTA. In addition, under such circumstances, in such case of non payments of the buyer, such RSD or any bank guarantee shall be for feited.
Facilitation/Service Fee: Payable to SAMIL –
a. Facilitation Fee applicable as per below slab;
Particulars Facilitation fee (Per Asset plus Goods & Service Tax (GST)/ applicable Taxes) All vehicles having 2 wheels or more (including machines/parts etc) 1% on final sale value of vehicle or Rs 10000/- (Ten Thousand) whichever is lower
Each User acknowledges that the terms and conditions under this Agreement is applicable to the Negotiated Sale/ Bulk Bargain facility availed by the User for the purchase of large scale of assets by availing Disposal Facilitation Services.
Each User agrees to verify the details as given on the Site & check the actual condition of
Vehicles before placing any Offer/proposal by inspecting the Vehicles/ at a location provided by the Owner / Seller.
Each User acknowledges that the User may be required to comply with a separate terms and
Conditions with respect to Auto Bid and Proxy Bid facility availed by the User upon payment of a refundable security deposit. The User agrees that AUTOKATTA shall not be liable to the User or any third Party for any action or omission pursuant to the authorization given to AUTOKATTA to place the Auto Bid and Proxy Bid. The User agree to indemnify and hold harmless AUTOKATTA and its authorised personnel from and against any and all claims, losses and damages which AUTOKATTA may incur by the Auto Bid and Proxy Bid services.
Each User agrees that if he/she is the Winning Bidder in any competitive Event, he/she shall
fulfil his/her purchase commitment by paying for the Vehicle and taking Delivery within 48
hours from the end of the Service Period or else the transaction shall be considered Un-Paid. [A transaction is considered as an Un-Paid Item (UPI) when / as long as, it remains unfulfilled due to Winning Bidder's denial to make the payment to the Seller towards the product won and/or non-provisioning of the status of the transaction to AUTOKATTA within 48 hrs from the end of the Event/ listing end date].
Each User acknowledges that AUTOKATTA shall have the absolute right to limit the Variable Bids by limiting the number of bids available to the User or limit the total no of Highest Bids placed by him in various auctions being conducted by various AUCTIONEERs in AUTOKATTA. The User acknowledges that the bid placed after exceeding the Variable Bids or Highest Bids prescribed by AUTOKATTA shall not be deemed to be the valid Offer.Winning Bid Payment.
Each user shall report to AUCTIONEER the status of the payment made by him to the owner / seller after being declared as "winning bidder". Any failure to do so, will entitle AUTOKATTA to take an appropriate action against the said winning bidder. His registration can be cancelled and refundable security deposit (RSD) & any additional amount paid can be forfeited as per below slab.
Payment in full value of the winning bid to be made through site or otherwise directly to AUCTIONEER only and not to any other party, immediately on receipt of confirmation from AUCTIONEER.
Each User agrees that the final decision for Disposal & Delivery of any such Vehicle/Asset is at the sole discretion of the Owner / Seller.
Each User hereby represents, warrants and agrees that information submitted by it on the Site shall not:
(a) contain fraudulent information
(b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
(c) relate to sale of Vehicles that infringe or otherwise abet or encourage the infringement or violation of third party rights, or our policies such as the Prohibited and Restricted Items policies;
(d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination;
(e) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
(f) solicit business from any Users in connection with a commercial activity that competes with AUTOKATTA;
(g) contain any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any software or hardware
system, data or personal information; or
(i) otherwise create any liability on AUCTIONEER or on AUTOKATTA or its affiliates.
Termination /Suspension/Deactivation of Account –
If AUCTIONEER or AUTOKATTA reasonably believes that an account and Password is being used / misused in any manner as clarified below, it reserves the absolute right to suspend, or terminate the service to the User and shall prohibit access to our Site, remove hosted content, and take technical and legal steps to keep such users off the Site.
In connection with the violation pertaining to the foregoing or violation of any user terms
provided herein, AUTOKATTA may, at its sole discretion refuse service, restrict, suspend, terminate your account; refuse, move or remove for any reason:
a.) any material/information submitted/available on the Site;
b.) Deactivate or delete your accounts and all related information and files in your account;
c.) any material displayed on the Site which it reasonably believes is unlawful, or that could subject AUCTIONEER or AUTOKATTA to liability, or violates this Agreement;
d.) cancel orders (offer/proposal on items entered by You) in its sole discretion with or without cause, and with or without any notice.
details to AUTOKATTA, as per stipulated terms and conditions of AUTOKATTA (iv) in AUTOKATTA 's determination, there is any breach of the provisions of this Agreement by the Registered User; or
(v) AUTOKATTA has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or is incomplete, or (vi) AUTOKATTA believes that the Registered User's actions may cause financial loss or legal liability to AUTOKATTA or its affiliates, directors, employees, etc (vii) for such other reasons as AUTOKATTA may deem fit. Upon such termination or suspension or deactivation etc, your right to use the AUTOKATTA 's Site will immediately cease. You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.
Notwithstanding the above, AUTOKATTA may Reactivate the deactivated account / Reinstate the suspended / deactivated account, upon (i) User providing the required data and documents as sought by AUTOKATTA, however this would be on sole discretion of the AUTOKATTA
In addition, AUTOKATTA reserves the right to introduce newer type(s) of fee, charges or other consideration, cancel, modify, increase, decrease or withdraw the Reactivation/Reinstatement Fees levied, at any point of time and without your prior consent.
User Information –
AUCTIONEER/AUTOKATTA reserves the right to cooperate fully with governmental authorities, private investigators and/or third parties in the investigation of any suspected criminal or civil wrong doing or other unlawful activity. Furthermore, AUCTIONEER/AUTOKATTA may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and AUTOKATTA shall not be liable for damages or results thereof and User agrees not to bring any action or claim against AUCTIONEER or AUTOKATTA for such disclosure.
The User hereby agrees that AUTOKATTA shall have no liability to User, including no liability for consequential or any other damages, in the event AUTOKATTA takes any of the actions mentioned in the above clause, and that the User agrees to bear the risk that AUTOKATTA may take such actions.
Non-payment or Failure to Collect Vehicles –
If the Winning Bidder does not collect the Vehicles, in terms of this Agreement, AUTOKATTA shall may at its absolute discretion:-
(a) charge 1% (One Percent) of the purchase price or pro rata thereof as demurrage charges per month;
(b) proceed against the Winning Bidder for damages for breach of contract;
(c) resell the Vehicles or cause it to be resold through another Sale or otherwise and the defaulting Winning Bidder shall pay to AUTOKATTA any resulting deficiency in the purchase price (after deduction of any part payment and addition of resale costs and charges) and any surplus shall belong to AUTOKATTA.
(d) reject or ignore any offer/ proposals made by or on behalf of the defaulting Winning Bidder at any future transactions or obtain a deposit from the Winning Bidder before accepting any offer/ proposals in future; and
(e) be entitled to
forfeit any amount paid by said Winning Bidder to AUTOKATTA as a deposit to participate in Event in form of Refundable Security Deposit (RSD), Bank Guarantee, others etc.
Reserve Price Event (Terms & Conditions) This Offer is subject to Reserve Price obligations
"Reserve price" shall mean the Minimum Price quoted for the Vehicles. It is the minimum
Starting Price for a Vehicle as decided by the Seller.
Information on the Reserve Price is usually not made available to the prospective buyer
and is mostly hidden. It is visible to a prospective buyer only where the seller is willing to disclose the reserve price.
Any final Bid Price or Offer/proposals submitted by prospective buyer, which fails to
equal or exceed the Reserve Price, will not be considered sufficient to complete the competitive transaction. Thus, even if you are the highest proposer at the time of close of event, you do not, by implication, become the Winning Bidder unless the Reserve Price has been met and further approved by AUCTIONEER which shall be communicated In order to win the bid :
i) A prospective buyer must meet or exceed the Reserve Price and
ii) Have the highest Offer/proposal.
iii) Receipt of approval mail notification from Seller
However, the seller solely reserves the right to approve any Offer/proposals below the
Reserve Price at its own discretion. All Offer/proposal (even if it is below Reserve Price)
placed by the bidder will remain valid for a period of 72 hours (3 WORKING DAYS)
even after closing of the Service Period. Seller can approve the Offer/proposal below the
Reserve Price within this period of 72 Hours (3 WORKING DAYS) after the closing of
Service Period (when All Vehicles of the Event are closed). In such cases, an approved
Offer/proposal (though lower than the Reserve Price) by the Seller is considered as Sale
and the said bidder (who's Offer/proposal is so approved by the Seller) shall be liable to
make the payment for the item/Vehicle towards the purchase of the same, at the price of
approved Offer/ proposal. In case the Offer/proposal is approved beyond the above mentioned specified time, the Winning Bidder shall not be obligated to make the
payment towards the purchase of the item/Vehicle.
Limitation of Liability
The features and services on the Site are provided on an "AS IS" and "AS AVAILABLE" basis, and AUTOKATTA/AUCTIONEER hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability merchantability or fitness for a particular purpose and all such warranties, representation, conditions, undertaking and terms are hereby excluded.
AUCTIONEER/AUTOKATTA makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site.
AUTOKATTA does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of Vehicles offered or displayed on the Site does not violate any third party rights; and AUTOKATTA makes no representations or warranties of any kind concerning any Vehicles offered or displayed on the Site.
Any material downloaded or otherwise obtained through the Site is done at each User's sole
discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.
No advice or information, whether oral or written, obtained by any User from or through or from the Site shall create any warranty not expressly stated herein.
Under no circumstances shall AUCTIONEER /AUTOKATTA be held liable for any delay or failure or disruption of the content or services (including email & SMS notifications related to Disposal Facilitation Services ) delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and save AUCTIONEER / AUTOKATTA, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such i) User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement ii) User's breach of any representations and warranties made by User to AUTOKATTA iii) for any third party claims AUCTIONEER/AUTOKATTA shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: a.) the use or the inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site; b.) any defect in goods, samples, data, information, Vehicles or services purchased or obtained from a User or a third-party service provider through the Site; c.) violation of Third Party Rights or claims or demands that Users'
manufacture, importation, distribution, offer, display, purchase, Sale and/or use of Vehicles
offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d.) unauthorized access by third parties to data or private information of any User; e.) statements or conduct of any User of the Site; or f.) the quality of Vehicles, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; g.) authenticity, availability, suitability, reliability, accuracy of the information, software, Vehicles, services, etc; h.) damage/loss caused to the buyers due to wrong details provided by the Seller. i.) Refusal of Seller to release the Vehicle. j) Handing over of documents or return of Vehicle by buyer & all such disputes are to be settled by the buyer & seller themselves.
Disclaimer of Warranties and Liability
All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such persons and are not subscribed to by this Site.
AUTOKATTA may send information and offer products and services to you from time to time. Notwithstanding the foregoing, we reserve the right to disclose any information in response to / that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to AUTOKATTA. Further, we may (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to law enforcing agencies in our sole discretion or incase appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
All notices or demands to shall be effective if in writing and shall be duly made when sent to
AUTOKATTA in the following manner:
Autokatta Solutions Pvt. Ltd.,403, Garden Plaza, near to Five Gardens, Opp D Prabhag PCMC office, Rahatne, Pune Maharashtra 411017.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to AUTOKATTA, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) AUTOKATTA is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon AUTOKATTA 's posting such notice on an area of the Site that is publicly accessible without charge.
AUTOKATTA and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision herein is held to be invalid or unenforceable, such provision shall be struck down and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. AUTOKATTA 's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives AUTOKATTA 's right to act with respect with subsequent or similar breaches.
AUTOKATTA shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to the services to any person or entity.
Rights and obligations under the Agreement which by their nature should survive will remain in full effect after termination or expiration of this Agreement.
This Agreement shall be governed by the laws of India without regard to its conflict of law
provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the
courts of Pune.
You and AUTOKATTA agree that any cause of action arising out of or related to the AUTOKATTA 's web sites, only, must commence within Six Months from the cause of action otherwise, such cause of action will be permanently barred.
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
information we collect, maintain, use, share and protect during the course of our operation. For
better understanding, please read it in concurrence with the AUTOKATTA ‟s Terms & Conditions.
We, at Autokatta value the importance of information & privacy of our Users. We are
committed to protecting it in all respects. We do not sell or rent your personal identifiable
information to third parties for promotional purposes without your permission.
As a visitor, you may freely browse the Site without sharing any personal information about
Like every online website, AUTOKATTA uses "cookies", wherein AUTOKATTA server deposits special codes on a visitor's computer. This information helps us to determine basic traffic statistics like aggregate number of visitors at any given time, types of Internet browsers being used by visitors (e.g.,Netscape Navigator or Internet Explorer), types of operating systems used by visitors (e.g.,Windows, Linux, Macintosh) etc. . Although we track these details & even user‟s domains fortrend analysis, the User remains anonymous. The „cookies‟ enable us to customize our offerings to you based on your personal preference and in fact enhances your experience in your subsequent visit to our Site.
When you create your account on https://www.autokatta.com, or app we do collect individual information like User NAME, E-MAIL, PHONE/MOBILE No, and ADDRESS of the User. Certain activities like using search tools or browsing the Site or checking our Event calendar & even downloading the INVENTORY LIST of Vehicles do not require registration; however, certain ADVANCED features like availing Disposal Facilitating Services, tracking of offers/ proposals, items won and creating a wish list do require registration. We shall use your contact information to send you details of Events based on your earlier purchases and your personal preferences.
Any non-personal information, communications and material you send to this Site or to AUTOKATTA by e-mail are on a non-confidential basis. AUTOKATTA is free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, AUTOKATTA will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. Any information you send to this Site must be truthful, complete, legal and not in violation of the rights of third parties.
Sharing of Information –
AUTOKATTA may conduct promotional events jointly with another company, and AUTOKATTA may allow its Users to enter such online promotions wherein AUTOKATTA will use the information provided by the Users for the purpose of conducting the promotion (for example: to contact a winner of a contest) and with their consent, to offer the products and services of AUTOKATTA and its joint sponsors. In addition, AUTOKATTA may also collect demographic and other data for market research, advertising and promotions.
service providers such as companies who help AUTOKATTA with database administration. AUTOKATTA may also share your personal information with other companies/associates or affiliates of AUTOKATTA in other countries where data privacy laws may not be equivalent to those in force in India.
We may disclose personal information if so required by law or in the good faith that such
disclosure is plausibly necessary to respond to subpoenas, court orders, or other legal processes.
Users of the Site may opt-out of receiving non-necessary (promotional, marketing-related)
communication from us or on behalf of our partners at any time.AUTOKATTA may modify this policy at any time, in its sole discretion and all modifications will be effective immediately upon AUTOKATTA posting of the modifications on the Site.
The information collected on the Site is securely stored within controlled database. The database is stored on servers secured behind a strong firewall. Access to
the servers is password-protected and is strictly limited. However, as effective as AUTOKATTA security measures are, no security system is impenetrable. AUTOKATTA therefore cannot guarantee the security of its database, nor can it guarantee that information voluntarily provided by you will not be Intercepted while being transmitted to AUTOKATTA over the Internet. And, of course, any information shared on a discussion forum, review or blogs are available to anyone and everyone with Internet access.
By accessing this Site you agree to allow either AUTOKATTA and the persons hired by AUCTIONEER or AUTOKATTA, to process and use your personal data provided by you to rationalize and manage the business and User relationship, as well as to perform and execute promotions and contracts through autokatta. This chiefly involves use of User‟s name, Contact addresses, contact numbers, email address, sex and date of birth.
This policy is an electronic record as per the terms of Information Technology Act, 2000 and the amendments with respect to electronic records in various statutes as amended by the Information Technology Act, 2000. This legal document is generated electronically and does not require any physical or digital signatures.
Terms & Conditions Security Statement –
We maintain reasonable physical, technical and procedural measures to limit access to personal information of Users by authorized individuals with appropriate purposes only. Our Site is a “Secure Site” recognized by VeriSign, a leading computer network security company.
We take credit card information security seriously and use a variety of technical solutions to
ensure safe transaction on our Site. Furthermore, your information is encrypted and is protected utilizing the industry standards Secure Sockets Layers (SSL) encrypted software. While on a secure page, such as our order form, the lock icon on the bottom of Web browser such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are justsurfing‟.
Unfortunately, no data transmission over the internet, or method of electronic storage, can be
guaranteed to be 100% secure. As a result, while we strive to protect your information, we
cannot guarantee its absolute security. In no event shall AUTOKATTA be liable for any and all direct, indirect, special, exemplary or consequential damages or any damages whatsoever,
including but not limited to, loss of use, loss of data or loss of profit, with regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, arising out of or in connection with the use, copying or display of the contents on our Site, even if AUTOKATTA or an authorized representative of AUCTIONEER/AUTOKATTA has advised about the possibility of such damages.
1. Vehicle / Item DescriptionTerms & Conditions Disclaimer
While every care has been taken to ensure accuracy of description of products before publishing, AUCTIONEER/AUTOKATTA assumes no responsibility for any error which despite all precautions, may appear therein. Neither an ITEM DESCRIPTION nor any information contained herein shall be construed to constitute a contract or form the basis of a contract or agreement. AUCTIONEER/AUTOKATTA shall not accept any responsibility for any loss or damage that may be caused to any person(s) resulting from their reliance purely on the information provided in the Vehicle or item description.
2. Image / Photograph / Video / Live Feed
AUTOKATTA makes every effort to display the Vehicles / items as accurately as possible on the Site.
However the actual COLOR/MODEL /VARIANT/YEAR of MANUFACTURE / RTO
Information etc of Vehicles / items may vary. We hereby disclaim all warranties and conditions with regards to products displayed on the site that they are completely accurate, reliable, current or error-free and AUTOKATTA shall not be liable on any account whatsoever.
3. Product Description
To the maximum extent permitted by applicable law, we hereby disclaim all warranties relating to the information, software, products, color, size, look, texture and services etc. as
provided/displayed/contained in this website including implied/express warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. All such information is provided “As Is’ without warranty of any kind.
4. Warranty & Guarantee of the Product
AUCTIONEER /AUTOKATTA does not provide any warranty/guarantee on Vehicles except explicitly mentioned.
Other warranties or guaranties, if any; are as provided /assured by the manufacturer of the
product and AUCTIONEER/AUTOKATTA is not to be held liable in any manner whatsoever for any manufacturing defects in a Vehicle / item. For availing any warranty/guarantee benefit on a product with manufacturing defects, you are advised to follow the instructions provided by the manufacturer in their warranty information document.