SMS Services Group and its affiliates, subsidiaries & associate companies (hereinafter referred individually and/ or collectively to as “We” or “Us” or “Our”) welcome you at Www.tapaikobazar.com(A venture of SMS Services Group) for doing your vehicle search (both new and used vehicle), inspection, price discovery/valuation and sale & purchase of used vehicle), your search and access to certain financial products, including but not restricted to, loans, insurance & other financial products as offered by third parties, posting advertisements, etc and other services in automobile space.
THESE WEBSITE TERMS OF USE (“Terms Of Use”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
This Terms of Use 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 Terms of Use for access or usage of Website (defined below).
The domain name www.www.tapaikobazar.com is owned by SMS Services Group, a company incorporated under the Companies Act, with its registered office at Rasuwa, Bagmati, Nepal. These Terms of Use of the website available at www.tapaikobazar.com, mobile site and mobile applications (individually and collectively,”Website”) is between SMS Services Group and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which SMS Services Group offers You access to the Website for availing services and buy products, as are incidental and ancillary thereto (“Services”, and more particularly defined hereinafter).
1) Acknowledgment:
Entire Agreement: These Terms of Use together with below listed documents/policies (without limitation) available either at Website or entered separately by SMS Services Group with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Website, constitutes the entire agreement (“Agreement”) between SMS Services Group and You.
- Privacy Policy
- Additional Terms and Conditions
- Terms of Sale
These additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple�s iTunes, Android�s etc. are deemed to be incorporated under these Terms of Use by way of reference.
You acknowledge and agree that Your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement.
PLEASE READ THESE TERMS OF USE VEHICLEEFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR LISTING ANY ITEM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
SMS Services Group use third-party service providers to assist SMS Services Group in improving our Services and Website and to monitor our Users� interests and activities. You hereby authorise SMS Services Group and/or third party service providers engaged by SMS Services Group to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to Your use of the Website for the purpose of data analysis and for improving Your experience on the Website. You acknowledge that this is solely undertaken by SMS Services Group to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of SMS Services Group and/or third party service providers.
SMS Services Group shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.
2) Eligibility:
Service available through or use of the Website is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.
Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are not eligible to use Our Website and avail Our Services. BY ACCESSING OUR WEBSITE OR AVAILING ANY OF OUR SERVICES, YOU REPRESENT TO THE SMS SERVICES GROUP THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE TERMS OF USE.
Further to this, SMS Services Group reserves its right, without assigning any reason, to restrict or limit Your access to the Website and can further terminate Your access to Website and deny the Services or any other product available through or at Our Website. This right of suspension / termination of Services of SMS Services Group, is in addition to any other remedy available to SMS Services Group, for access & usage of Website or availing any of Our Services through Website, which is in contravention of any of the terms and conditions of Terms of Use or this Agreement or any other applicable law.
3) Important:
This Website, including mobile application, is an online marketplace and an Intermediary in terms of Information Technology Act, (as amended from time to time), which provides a platform to users to avail the Services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. SMS Services Group is not responsible and can not be held liable for any transaction between the Website�s User.
By accessing, browsing and using this Website or availing Services, You agree and acknowledge that, You understand this limited and restricted use and accessing, browsing or using this Website or availing any Services is out of your own free will, discretion and responsibility.
SMS Services Group reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. SMS Services Group reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that SMS Services Group shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
From time to time SMS Services Group may supplement its Terms of Use with additional terms pertaining to specific content and Your usage of mobile app may further require you to abide by the additional terms of third party e.g. Play Store etc. before download and installing the mobile app. These terms are collectively referred as (“Additional Terms”). Such Additional Terms are hereby incorporated by reference into these Terms of Use.
4) Services:
SMS Services Group provides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by SMS Services Group and who wants to explore the more options before concluding their transactions. Among other services and information, SMS Services Group may provide any or all the below listed services to the Users:
- Website may provide the information on new vehicles or upcoming vehicles including without limitation price, specifications, dealer locations etc.
- SMS Services Group will provide services to research vehicles, prices, technical specifications, other vehicle attributes, and warranty and road side assistance.
- The services can include listing of your used vehicles, online or browsing through the list of used vehicles listed by Users of SMS Services Group. Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, services to other Users of the Website. SMS Services Group makes no claims that the any such information / data as available is accurate or applicability of the information to any specific situation.
- SMS Services Group may also provide the user the ability to send SMS to the user’s top callers or send an email to the users friends letting them know about the service.
- Website may provide certain Features, Content (“Features” and “Content” are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.
- Website may provide the facility to the Users for their engagement for buying and selling the various products under the Terms of Use.
- Website may also provide information on additional products of third party e.g. banks, financial institutions, insurance company, dealers etc. pertaining to loan, insurance, and other services ancillary and incidental thereto.
- SMS Services Group may also provide services towards facilitation of sale and purchase of Your used vehicle to used vehicle dealers and other services ancillary and incidental thereto including without limitation inspection and price discovery/valuation of Your used vehicle.
All the above listed services are provided at the sole discretion of SMS Services Group, and You acknowledges and agree that SMS Services Group can add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
5) Features And Content:
“Contents” or “Content” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, e-vehicleds or any other information furnished by a user to be displayed on the Website by SMS Services Group.
“Feature” or “Features”: A “Feature” may include any interactive, value addition service or other additional feature including without limitation comparison, 360 degree view etc. which are introduced or available on the Website.
SMS Services Group may allow the User of Website to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof (collectively referred to “User Content”) accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products / services available through or at Website.
Being the originator of the User Content, You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledges and agree that of the User Content posted or transmitted through our Website represents the views of the author, and not of Tapaikoibazar.com. You also acknowledge that your use of or reliance on such content is at your own risk.
You acknowledge that SMS Services Group does not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then SMS Services Group at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
Assignment of User Content: You hereby grant SMS Services Group a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
6) Your Account And Login Options:
User may access to the Website or other information and material as available on the Website, as a guest user, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information available on Website for all users (called �guest user�) who do not need to register or create any account on Website. However services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create account on Website or provide certain personally identifiable information.
To avail the certain features, not available for Guest User, You need to register / create an account by providing certain details e.g. Your name, contact details, email id etc. (“Your Information”). Once You register with Website and provide Your Information and complete the process of registration, SMS Services Group set up an account by providing login id and password (“Your Account”) which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, SMS Services Group recognize You as a registered user (Registered User) and You can login into Your Account and avail the Services and access to other features and information not available to guest users.
If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
You agree that when You provided Your Information while registering/creating Your Account with Us, You shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user�s account. SMS Services Group may suspend/delete Your Account or can limit/deny the access to the Website or Services, any time, if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user�s account.
You agree that collection, storage, sharing or disclosure of Your Information that You provide to Us either as a guest user or Registered User or otherwise shall be governed by the Privacy Policy of SMS Services Group, incorporated herein by way of reference.
7) User’s Obligation:
Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement, SMS Services Group grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website.
You acknowledge, agree and undertake that the Your use of the Website shall be strictly governed by this Agreement (including Term of Use) and the following binding principles:
- You shall not use or access the Website or avail the Services by any means other than through the interface that are provided by SMS Services Group.
- When You use the Website or Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:
- i.belongs to another person and to which the User does not have any right to;
- ii.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- iii.harms minors in any way;
- iv.infringes any patent, trademark, copyright or other proprietary rights;
- v.violate any applicable laws or regulations for the time being in force within or outside India;
- vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- vii.impersonate another person or entity;
- viii.contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- ix.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- x. is misleading in any way or shall not , 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.
- xi.engage in any activity that interferes with or disrupts access to the Website or the Services available through or at the Website and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.
- xii.attempt to gain unauthorized access to any other user’s account, Website any portion or Feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of SMS Services Group connected with the Website to provide the Services. You shall not access the Website, Features or any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means or access or copy any Content or User Content on the Website including any derivates thereof through manual and/or automated means including but not limited to page scraping, data mining, data gathering, indexing, using software, devices, bots, crawlers, spiders, scripts, deep links, browser plug-ins or breach/disregard/violate any limitations/instructions in robot.txt file if any embedded in Website or URLs;
- xiii.You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor disrupt, interfere, breach the security or authentication measures on the Website or any network connected to the Website or cause any harm to the Website, system resources, servers of SMS Services Group connected to or accessible through 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 SMS Services Group, including any other Account on the Website 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;
- xiv.use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of SMS Services Group or other third parties. You shall not attempt to solicit any information and/or content available on the Website including but not limited to the personal information of other Users for any commercial purposes;
- xv. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- xvi.violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service;
- xvii.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of SMS Services Group or buyers/sellers on Website or otherwise.
8) Audit:
SMS Services Group at all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of SMS Services Group, SMS Services Group determines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then SMS Services Group may either remove or edit or block such material without any notice.
Though SMS Services Group does not pre-screen the User Content, yet that SMS Services Group 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.
Notwithstanding the above-said right, You acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not SMS Services Group, are entirely responsible for all User Content that you have provided SMS Services Group with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledges and agree that these User Content does not necessarily reflect the views of the SMS Services Group nor SMS Services Group endorse any such User Content.
Further to this it is informed that SMS Services Group may share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.
9) Buyers:
Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. SMS Services Group does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.
You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not SMS Services Group, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.
SMS Services Group may from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.
It is clarified that any Scheme provided by the SMS Services Group, unless otherwise provided, shall not be clubbed or combined with any other scheme available on Website. Further to this, SMS Services Group, depending upon the different circumstance, may suspend/cancel/vary the Scheme without any notice.
When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and SMS Services Group shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.
If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. SMS Services Group is not and shall not be obliged to provide any such additional services. SMS Services Group only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.
SMS Services Group strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by SMS Services Group and/or Seller. Please be aware that even if you do not give SMS Services Group, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
Only individuals are permitted to purchase any used vehicles listed for sale on Website, provided that use of such used vehicles thereafter is restricted to their own use only. Dealers, brokers, any other business entities or any other person (except for individuals expressly permitted as above) must not purchase any such Used vehicles and any such unauthorized purchase shall constitute a breach of this Agreement.
10) Seller:
You may list or provide the details of vehicles (used/new) for selling to the prospective buyers as a Registered User of the Website.
You must be legally able to sell the vehicle(s) you list for sale on Our Website. Listings may only include text descriptions, graphics and pictures that describe your vehicle for sale. All listed vehicles must be listed in an appropriate category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the vehicle listing or elsewhere on the Website is expressly prohibited and would be considered as a breach of this Agreement. All listed vehicles must be kept in stock for successful fulfilment of sales.
The listing description of the vehicle must not be misleading and must describe actual condition of the product. If the vehicle description does not match the actual condition of the vehicle, You agree to refund any amounts that You may have received from the Buyer.
You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement. In any such case, SMS Services Group may suspend Your Account or permanently debar You from accessing the Website.
As a Seller you certify that all information provided by you against your listed vehicle is true.
Dealers must should refrain from bribing/corrupting with any of the SMS Services Group’s employees or customers for undue benefit. Any such action will lead to suspension of Account and termination of Services.
Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.
SMS Services Group reserves its right to screen the listing of vehicles before publishing the same on the Website. This screening process is initiated from time to time to ensure the authenticity of the details posted by Seller. This screening may take some time and therefore listing of Seller vehicle may be delayed. If at any time, in sole discretion of the SMS Services Group, SMS Services Group determines that the particulars of the vehicle is misleading or not accurate, then SMS Services Group may remove such listing from the Website and can further take appropriate actions against the Seller.
11) Auction:
If You buy or sell any vehicle by participating in Auction (offline or online), You acknowledges and agree to be bound by the terms and conditions of Auction sale, as may be applicable. These Auction sale terms and conditions shall be in addition to the terms and conditions of this Agreement. To participate in Auction, SMS Services Group may ask you to provide or execute some additional documents or may ask to deposit the security deposit.
12) Links to third party websites and third party content:
Our Website may contain, hyperlinks to websites operated by parties other than Tapaikoibazar or, third party information such as product, product description, catalogue, dealer’s details, news, videos and photographs and any other data made available by the third party (“Third Party Content”). The provisions of Third Party Content is for general information purpose only.
SMS Services Group makes reasonable efforts to ensure that the details provided on our Website is accurate, however, SMS Services Group does not control such Third Party Content and therefore shall not be responsible for any loss or damages resulting out of the use of Third Party Content.
The inclusion of Third Party Content to Our Websites does not imply Tapaikoibazar’s certification or endorsement of such websites nor any association with their operators. SMS Services Group or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third Party Content of such other services or sites to which links are provided. A link to another service or website 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 Third Party Content or hyperlinks to other websites.
On the Website, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Website’s users based on their visit to the Website and third-party websites. For more information on the DART Cookie see: http://www.google.com/privacy ads.html. You may opt out of the use of the DART Cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html.
You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Platform, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third-party websites pursuant to co branding agreements, and that it is the sole responsibility of each of those search engines, third-party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that SMS Services Group is not liable for the information published in search results or by any third-party website that vehicleries SMS Services Group postings.
13) Fees & Payments:
Access to Website is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. However SMS Services Group, reserves the right, and may levy certain charge and fees in the future. You agree to pay any such fee as may be applicable to the Services or Product that You avail.
Taxes: 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, cesses etc. levied thereon.
You shall be responsible for all Your Fee and Payment related obligations and SMS Services Group reserves the right to suspend the Services/Account or terminate the membership in case You do not fulfil Your payment related obligations in full. We also reserves the right to take legal action in case of non-payment of fees.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
SMS Services Group, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Website which includes banks, financial institution etc. You shall be responsible to abide by all rules/regulations/guidelines as issued and applicable to online payments.
When You make the payment through third party payment gateway, such third party process Your Payment to SMS Services Group, provided You comply with all applicable rules and regulations. SMS Services Group shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as SMS Services Group does not control such third parties.
14) License, Website Access & Modification
License and Website Access: Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, SMS Services Group grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website, subject to the following conditions:
- The license shall not include: (i) any resale or commercial use of this Website or its Contents; or (ii) any derivative use of this Website or its Contents;
- It is not permitted to submit a lead or to enquire against a used vehicle listing on the Website for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used vehicle listing on the Website by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another site, brokering, match-making with other buyers, or purchase for resale.
- You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Website to any other entity or individual.
- No Contents or information on the Website may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Website that You do not restrict or inhibit any other user from using this Website.
- You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMS Services Group and/or our affiliates without the express written consent of SMS Services Group. You may not use any meta tags or any other “hidden text” utilizing SMS Services Group’s name or trademarks without the express written consent of SMS Services Group.
- Any software that is available on the Website is the property of SMS Services Group or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of SMS Services Group.
- Any unauthorized use terminates the permission and the license granted by SMS Services Group under this Agreement to you.
Modification: All information available on Website is made available to You on best efforts basis, however, SMS Services Group does not guarantee nor assume any responsibility for the correctness of such information/data. SMS Services Group reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information (including without limitation pricing, description and any other information etc.) is found to be not up to date or incorrect, SMS Services Group reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that SMS Services Group shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You expressly agree that any information provided on the Website shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.
From time to time Website may supplement its terms of use with Additional Terms pertaining to specific content. Such Additional Terms are hereby incorporated by reference into these Terms of Use.
- 15) Intellectual Property Right:
All text, graphics, audio, design and other works on the Website are the copyrighted works of SMS Services Group or its licensors. Content on the Website is for personal use only, unless permitted otherwise. 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 Tapaikoibazar and/or its affiliates or associates or of its third-party information providers.
Website may contain also contain certain trade-marks, logos or service marks (“Marks”). These Marks are the proprietary to the SMS Services Group or its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the SMS Services Group or its vendor or third party that own and control the Marks.
YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF WEBSITE OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT WEBSITE, NO RIGHT (EMPRESS OR IMPLIED) IS GRANTED TO YOU IN RESPECT OF SUCH CONTENT. SMS SERVICES GROUP RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.
You further acknowledge and agree that You shall not shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Website, in any way without obtaining the prior permission from SMS Services Group or its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.
It is clarified that any use of the Website, Content, Marks or other intellectual property rights of SMS Services Group, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of SMS Services Group or their respective third party, upon which SMS Services Group or third party may initiate the appropriate legal proceedings against the User.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SMS Services Group owns all intellectual property rights to and into the trademark “tapaikobazar”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO SMS SERVICES GROUP.
16) Disclaimer of Warrant and Liability:
ALL CONTENT, USER CONTENT, THIRD PARTY CONTENT OR INFORMATION PERTAINING WEBSITE OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WHEN YOU ACCESS THE WEBSITE OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUG WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, SMS SERVICES GROUP AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:
-
- A. THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- B. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- C. THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR
- D. ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMS SERVICES GROUP OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
- E. WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. SMS SERVICES GROUP AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, SMS SERVICES GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO WEBSITE, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS. SMS SERVICES GROUP ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
ANY MATERIAL, CONTENTS, SOFTWARE 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. GIRMAR IS NOT LIABLE ON THE AUTHENTICITY OF SUCH DATA/INFORMATION.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GIRMAR BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SMS SERVICES GROUP WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE WEBSITE FROM OTHER THIRD PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER SMS SERVICES GROUP NOR ANY THIRD PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE WEBSITE TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE WEBSITE AS RECOMMENDED BY THIRD PARTY SERVICE PROVIDERS.
17) Indemnification and Limitation of Liability:
Indemnity: You agree to indemnify, defend and hold harmless SMS Services Group, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “Indemnified Parties“) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
SMS Services Group may notify You of any claims which You shall be liable to indemnify SMS Services Group against. You will then be required to consult with SMS Services Group regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of SMS Services Group without the express prior written consent of SMS Services Group which can be withheld or denied or conditioned by SMS Services Group in its sole discretion.
Limitation of Liability: SMS Services Group assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (b) Any interruption or errors in the operation of the Website.
Notwithstanding anything to contrary in the Agreement(s), in no event shall SMS Services Group, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not SMS Services Group has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services, Content, User Content or Third Party Content.
SMS Services Group entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (NPR 100) or the amount of fees, if any, paid by You to SMS Services Group under the relevant order to which the cause of action for the liability relates.
18) Platform for Communication:
This Website is only a platform to facilitate the interaction between the Users of the Website and provided an opportunity to browse the products and Services and conclude the transactions. Thus this Website works like an Intermediary only, who provides an online marketplace to its Users, in terms of Information Technology Act, 2000 (as amended from time to time).
Therefore SMS Services Group is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
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- a. All commercial/contractual terms are offered by and agree to between the Buyer and Seller alone.
- b. SMS Services Group is not responsible for any non- non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). SMS Services Group cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website.
- c. You further agree and acknowledge that SMS Services Group is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products/Services on the Website. SMS Services Group is not the seller of the products. Accordingly, any contract for the sale / purchase of products/Services on the Website is a bipartite contract between Buyer and Seller.
- d. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
You release and indemnify SMS Services Group and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, SMS Services Group cannot control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
In addition to this, and being an Intermediary, You acknowledge and agree that when You interact with SMS Services Group through Website or send any data/email/message or communicate otherwise, You are communicating with SMS Services Group through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.
19) Report Abuse & Your Feedback:
SMS Services Group advises its Users, not to post or upload anything which is abuse of the Website or violate any terms of this Agreement. SMS Services Group also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. If You come across any such instance of abuse of violation or any content which is objectionable content or further if You believe that any material/information/post/feedback is infringement of any intellectual property right of You or any other person, You shall inform the same to SMS Services Group and SMS Services Group is committed to take appropriate action including validation of Your information and remove/modify the content (if necessary), which is in breach of the Terms of Use or any other applicable law.
Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the SMS Services Group. SMS Services Group advises its Users not to use/send any such email. Any such reported instance will be investigated and SMS Services Group will take appropriate measures (including legal steps, if required) to stop such practices.
Your Feedback: When You share any feedback or post any comment (including User Content) on Website, it is deemed Non-Confidential. SMS Services Group is at liberty to use any such feedback or User Content and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) SMS Services Group is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) SMS Services Group may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from SMS Services Group for the feedback under any circumstances.
20) Arbitration:
You and SMS Services Group each agree that any and all disputes or claims that have arisen, or may arise, between You and SMS Services Group relating in any way to, or arising out of this or previous versions of the Agreement, or any other documents incorporated herein by way of reference or your use of or access to SMS Services Group’s Services, or any products or Services sold, offered, or purchased through SMS Services Group’s Services shall be referred to the sole arbitrator who shall be an independent and neutral third party and shall be appointed by SMS Services Group.
The place of arbitration shall be Jaipur, Rajasthan, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996 (as amended from time to time).
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to SMS Services Group must be sent to the address identified under clause 21 (Miscellaneous).
21) Miscellaneous:
Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email
On behalf of SMS Services Group to:
SMS Services Group
Attn: Legal Function
Address: Rasuwa,Bagmati, Nepal
Email: smsservicesgroup@gmail.com
On behalf of User to
All notices with respect to these Terms of Use from SMS Services Group will be served to You:
By email (as provided by You at the time of Registration or communicating with SMS Services Group) or by general notification on the Website.
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. SMS Services Group’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by SMS Services Group to any third parties without the requirement of seeking Your prior consent. SMS Services Group shall have right to transfer Your Account and Account Information to a third party who purchases SMS Services Group’s business as conducted under the Website.
Severability: If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Independent Contractor: You and SMS Services Group are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and SMS Services Group.
Contacting You: By accessing Our Website and/or availing any service or product at or through Our Website, You give Your consent to Us and both our associate partners (including Dealers, financial institutions etc.) to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
Grievance Officer:Users can file their complaints regarding violation of the Information Technology Act, 2000 and rules prescribed thereunder, or any other matter pertaining to Website, with Grievance Officer of SMS Services Group on the contact information specified herein below:
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- Name:
Mr. Sushil Sangroula
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- Contact Number:
+977 9861608199
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- E-mail:smsservicesgroup@gmail.com
- Working Days:
Sunday to Friday
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- Working Hours:
10:30 am to 6:30 pm
22) Governing Law and Jurisdiction:
This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 20 (Arbitration) above, all disputes arising under this Agreement between You and SMS Services Group shall be subject to the exclusive jurisdiction of courts at Jaipur, Rajasthan, India.
23) Tapaikobazar Chrome Plugins -Terms of use:
23.1 tapaikobazar Chrome Plugin is used to create a delightful experience and help you to make a smart decision. In additional to the above terms and conditions, You agree to follow below mentioned terms and conditions including any third party software terms associated with this plugin:
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- (i) tapaikobazar Chrome Plugin is an add-on program for tapaikobazar.
- (ii) The plugin is a free tool (“freeware”) and built only for personal usage by an individual.
- (iii)The plugin is developed to enhance your experience and functionality of browser You can add tapaikobazar Extensions to your browser (Chrome, Firefox etc.) for a more personalised experience like better price comparison, trending products, price drop alerts, exclusive coupons, etc.
- (iv) You may uninstall it using the standard procedures as per your Google Chrome browser guidelines.
23.2 Privacy Terms relating to tapaikobazar Chrome Plugin
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- (i) You agree that tapaikobazar Plugin for Chrome will use your browser to fetch data including listing page, prices from various third-party sites.
- (ii) tapaikobazar can receive and store any information You enter on Our Website or give Us in any other way. You can choose not to provide certain information, but then You might not be able to take advantage of many of Our features. We use the information that You provide for such purposes as responding to Your requests, customizing and improving Our services, and communicating with You.
- (iii) You agree that whenever You intentionally/unintentionally interact with tapaikobazar Plugin such as click on any tapaikobazar Plugin button or interact with any prompt generated inside Your browser with tapaikobazar Plugin installed, You provide unconditional permission to tapaikobazar Plugin to take necessary steps which may include opening a new webpage or taking You to the same web page through a differently directed internet route.
- (iv) When You install the tapaikobazar Chrome Plugin in Your web browser, and at times during Your use of the tapaikobazar Website and/or any other website, We transmit tapaikobazar cookies to the hard drive of Your computer. In addition, for every Web page You view while using the Plugin Service, the tapaikobazar can transmit and store Your IP address, which may include a domain name, the full URL of the Web page You are visiting, general information about Your browser; general information about Your computer’s operating system; Your tapaikobazar cookie number or other identifying alphanumerical information enabling tapaikobazar identify Your computer; and the date and time the above information is logged. All of this above information is logged together for each Web page You may visit. This information is logged in our database in the chronological order received from Our many users. The Plugin Service can also automatically collect information about the online advertisements that are displayed on the websites You visit – specifically, the text, source, and URL of the online ad/ads – and the terms You choose when You use search engines to search the Web. You may disable or uninstall the Plugin to stop sending tapaikobazar any web page, advertisement, or search term information in the extensions setting menu in your browser. tapaikobazar can also periodically collect usage statistics from Plugin Service users that describe the frequency of use of each Plugin Service feature. You disable or uninstall the Plugin to stop sending tapaikobazar any usage statistics information in the extensions setting menu in Your browser. Finally, to ensure accurate information about the number of Plugin Service users, the Plugin Service can periodically send a signal to tapaikobazar containing basic information such as the IP address of Your computer.
- (v) When You add tapaikobazar to Google Chrome as Chrome Extension, You explicitly permit Us as well as third parties, to the extent apply, to display notifications, read and change Your browsing history, read and change Your bookmarks, manage Your apps, extensions and themes, detect Your physical locations, and read all Your data on the Website.
- (vi) For detailed Privacy Policy, please refer to the “Privacy Policy” section of the Website.
23.3 Intellectual Property provisions
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- (i) You acknowledge that tapaikobazar owns all intellectual right (including source code, title, product conceptualization, and market analysis) worldwide.
- (ii)You agree that You will not modify, adapt, reverse engineer, make attempt to derive source code from tapaikobazar Plugin.
- (iii) You will not decompile or disassemble and agree not to remove or alter any copyright notices, trademark or any other proprietary rights notices connected with the plugin.
23.4 Warranty Disclaimer
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- (i) Tapaikoibazar does not claim any responsibility for causing harm to any party whatsoever upon using Tapaikoibazar Plugin.
- (ii)
This plugin is to be used “as is” with no warranty. Please check the Plugin legality under Your jurisdiction. Tapaikoibazar is expressly disclaiming implied, statutory warranties, including without warranty limitation, fitness (particular purpose, and non-fringe holds of proprietary rights from any 3rd party sites. Warranty disclaims include security, reliability, plugin performance and on timeliness.
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- (iii)
You understand that usage of Plugin is as per Your own discretion. You will be fully responsible for any damages or loss including data loss that may result from Plugin usage.
23.5 Miscellaneous Provisions
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- Tapaikoibazar may make changes in Plugin functionality from time to time to enhance customer experience and users are requested to check this page periodically.
24)TrustMark Terms & Conditions
These terms and conditions of the Trustmark Programme (hereinafter referred to as “Terms and Conditions”) is an electronic record in the form of electronic contract in terms of Information Technology Act, 2000 (as amended from time to time) and rules framed thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signature or seal. These Terms & Conditions describes the terms and conditions which are applicable and binding upon the Customers who wish to avail the services in respect of purchase of Trustmark Vehicles under Trustmark Programme (“Programme”), as offered by the Company.
“Company” means SMS Services Groups, a company incorporated under the provisions of the Companies Act, having its registered office at ‘SMS SERVICES GROUP’ Rasuwa, Bagmati (hereinafter referred to as “Company”, which term may include, as the context may require, its affiliates, successors and assigns). Customer acknowledges that Company and its affiliates own and operate several online auto classified services portals including without limitation www.gaadi.com, www.www.tapaikobazar.com and mobile applications thereof (collectively referred to as “Portals”).
“Customer” means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Indian Contract Act, 1872 and which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, affiliates, legal representatives, administrators and permitted assigns (in case of company) or his/her legal heirs, representatives executors, administrators, successors and permitted assigns (in case of individual) or the partners or partners for the time being of the firm and the survivor or survivors of them and legal heirs, representatives executors or administrators of such partners or survivors (in case of partnership).
“Dealer” means any person or entity engaged in sale and purchase of used/pre-owned motor vehicles and rendering certain allied services to various customers and is registered with and authorized by the Company, subject to applicable terms and conditions.
“Trustmark Certified Vehicles” means such used/pre-owned motor vehicles, which are certified by the Company and bears a valid Trustmark certified tag and listed for sale on GAPL’s Portals under Trustmark Classified Section.
24.1. Key Features of the Programme:
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- (a) Once the Customer has selected a respective Trustmark Certified Vehicle and intends to purchase the same, the Customer shall communicate the same to the Company and proceed with making payment of token amount to dealer.
- (b) Customer shall provide all requisite details and information as may be required by the Company in this regard including without limitation, offer price.
- (c) Company will communicate and coordinate between the respective Dealer and Customer for the facilitation of sale-purchase transaction of respective Trustmark Certified Vehicle including but not limited to finalization of final price of respective Trustmark Certified Vehicle.
- (d) Post agreement of all terms between the respective Dealer and Customer (through the Company) for conducting the sale-purchase transaction of respective Trustmark Certified Vehicle, Company under intimation to the respective Dealer will inform the Customer to pay the token amount (as applicable) within a stipulated timeframe directly into respective Dealer’s bank account, details of which will be shared by the Company with Customer, basis details received by Company from the respective Dealer.
- (e) Customer shall adhere to following slab of token amount for purchase of Trustmark Certified Vehicles:
Purchase Price of Trustmark Certified Vehicle | Token Amount (in NPR) |
Equal to Less Than NPR 1,00,000/- | 5,000/- |
More Than NPR 1,00,000/- but Equal to Less Than NPR 5,00,000/- | 10,000/- |
More Than NPR 5,00,000/- | 20,000/- |
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- (f) Within a period of five days from the payment of token amount by the Customer to the respective Dealer, Customer shall make payment of balance amount of purchase price of Trustmark Certified Vehicle directly into respective Dealer’s bank account, failing which Customer agrees and understands that respective Dealer shall have the right to cancel the sale-purchase transaction and forfeit the token amount paid by the Customer, however, Company’s decision shall be final and binding on the Customer and respective Dealer in this regard.
- (g)Customer agrees and understands that all payments (including token amount) to be made by the Customer to respective Dealer should be by way of using online modes of payment i.e. using a valid Credit card/Debit d/Mobile Banking (IMPS)/Net banking Account only. No cash payments or other mode of payments should be resorted to by the Customer. Customer shall be responsible or liable for any wrong/incorrect/faulty payment and in the event, the Customer suffers any kind of loss or damage arising out of the payment transaction made by the Customer to respective Dealer, Company shall not be responsible or liable in any manner whatsoever for the same.
- (h) Customer understands and agrees that Customer the token amount paid by Customer to the respective Dealer shall be non-refundable except in the following cases, wherein Company’s decision shall be final and binding on the Customer and respective Dealer in this regard:
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- (i)In the event respective Dealer decides not to sell Trustmark Certified Vehicle to the Customer, then the Customer will be eligible for refund of token amount paid by the Customer to respective Dealer for respective Trustmark Certified Vehicle with fourteen (14) days by the respective Dealer.
- (ii)In the event loan application of the Customer for a loan applied through the respective Dealer gets rejected or is taking more than five days, wherein Dealer wishes to sell the Trustmark Certified Vehicle to someone else, then the Customer will be eligible for refund of token amount paid by the Customer to respective Dealer for respective Trustmark Certified Vehicle with fourteen (14) days by the respective Dealer.
- (i)Trustmark Certified Vehicle shall be subject to evaluation and inspection by the Company at the time of conclusion of sale and hand-over of possession of Trustmark Certified Vehicle to the Customer and in the event Company (in its sole judgment and discretion) finds any material change in the physical condition of the Trustmark Certified Vehicle or any information provided by the respective Dealer apropos the Trustmark inspection report, Company shall endeavor to get the same rectified/resolved from the respective Dealer within a stipulated timeframe. In the event, respective Dealer fails to rectify/resolve the issue within stipulated timeframe to the satisfaction of Company or if Company is of the opinion that the rectification/resolution of said issue is not possible or respective Dealer , or in the event, respective Dealer fails to provide the delivery of the Trustmark Certified Vehicle within stipulated timeframe (except Force Majeure reasons as explained below) or due to any reason whatsoever, not able to honor the agreed final price against which the token amount was paid by the Customer to the respective Dealer, then Customer will be eligible for full refund of amounts paid by the Customer to respective Dealer with fourteen (14) days by the respective Dealer, however, Company’s decision shall be final and binding on the Customer and respective Dealer in this regard. Customer understands and agrees that in such event, Customer’s sole and exclusive remedy shall be refund of amounts paid by Customer to the respective Dealer for respective Trustmark Certified Vehicle and Company shall not be responsible or liable in any manner in this regard.
- (j)Customer acknowledges that Company and respective Dealer shall not be responsible and liable in any manner for any damages, losses, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Company and respective Dealer.
- (k)Delivery of the Trustmark Certified Vehicle is subject to “force majeure” conditions. The term “force majeure” means any circumstances which are unusual, unforeseeable and are beyond the control of Company and/or respective Dealer, the consequence of which could not have been avoided even if all due vehicle had been exercised, including but not limited to acts of god, war or threat of war, epidemic, pandemic, riot, civil strike, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, or otherwise preventing or hindering the delivery of Trustmark Certified Vehicle and all similar events beyond the control of Company and/or respective Dealer.
- (l) Delivery of the vehicle shall be subject to realization of full payment in the bank account of the Dealer and provision of all requisite documents by the Customer along with production of originals for verification by the Company/Dealer at the time of taking delivery of Trustmark Certified Vehicle.
- (m)Transfer of registration certificate (RC transfer) charges shall be extra for all India and not included in the price, shall be borne by the Customer.
- (n) Trustmark Certified Vehicle purchased by the Customer from respective Dealer under this Programme will be for Engine & Transmission Limited Warranty, subject to applicable terms and conditions in this regard and the same will be issued within three (3) days of the delivery of the vehicle to the Customer. Trustmark Certified Vehicle purchased by the Customer from respective Dealer under this Programme will be eligible for a 7 Day Shield, subject to applicable terms and conditions in this regard.
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24.2. Other Important Terms:
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- (a) Customer undertakes that all the information and documents provided are true, complete, correct & genuine and the Customer shall keep Company and respective Dealer indemnified in this regard including but not limited to any mis-representation or false information, falsification of documents and/or forged documents.
- (b) Company reserves the right (at its sole and absolute discretion) to deny, suspend or revoke any or all the rights or entitlement to the Customer to avail the services and benefits under the Programme.
- (c) Company reserves the right (at its sole and absolute discretion), at any time, without prior notice and without assigning any reason thereof, to add/alter/modify/change/cancel or vary these Terms & Conditions.
- (d) Customer understands and agrees that Company is playing the role of a facilitator and coordinator in the sale-purchase transaction of Trustmark Certified Vehicles between Customer and respective Dealer under this Programme. The sale-purchase transaction, token amount and all other commercial terms such as balance payment, delivery of vehicle etc., shall be as per the bipartite contractual obligations agreed between the Customer and respective Dealer only.
- (e) Customer shall defend, indemnify and keep Company and its affiliates, associates, principles and their directors, employees fully indemnified and harmless from and against all actions, proceedings (judicial, quasi-judicial or otherwise), losses, claims, damages, costs, fine and taxes including reasonable attorney’s fees, duties, additions, penalties, interest, charges, liabilities and expenses of any kind against any loss or damage arising out of negligent, fraudulent or malfeasant acts or omissions or wilful misconduct, misrepresentation or false information, falsification of documents and/or forged documents or breach of any obligations or non-compliance of any of these Terms and Conditions or breach of any applicable laws by the Customer.
- (f)
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Customer agrees and acknowledges that Company shall not be responsible for the completion of transfer of Registration Certificate, Insurance and any other documents related to the Trustmark Certified Vehicle required under applicable law for the transfer of ownership of the Trustmark Certified Vehicle to Customer. Further, Company shall not be responsible for any litigation, dispute or objection arising from or incidental to the transfer of Registration Certificate, insurance and any other documents related to the vehicles required under applicable law including the Motor Vehicle Act, 1988 for the transfer of ownership of the Trustmark Certified Vehicle.
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- (g) Customer understands and acknowledges that the Customer shall be solely responsible and liable for any applicable tax related issues pertaining to and/or arising out of the sale-purchase transaction of Trustmark Certified Vehicle with the respective Dealer and shall keep Company indemnified in this regard at all times.
- (h) Customer hereby acknowledges and confirms that upon receipt of delivery of Trustmark Certified Vehicle from respective Dealer, the Customer shall assume any and all liability and responsibility for the possession and use of the Trustmark Certified Vehicle including without limitation any loss or claim, any third party property damage or third party injury or death or injury or death of driver or occupant of the Trustmark Certified Vehicle.
- (i) Customer shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the Company may reasonably request in order to vehiclery out the intent and accomplish the purposes of this Programme and consummation of sale-purchase transaction of respective Trustmark Certified Vehicle between the Dealer and Customer.
- (j) All disputes relating to or arising out of these Terms and Conditions shall be subject to laws of India and the courts of Jaipur, Rajasthan India shall have exclusive jurisdiction. It is clarified that in the event of any dispute, Customer’s sole and exclusive remedy shall be against the respective Dealer for refund of any amounts paid by the Customer to respective Dealer for concerning Trustmark Certified Vehicle and Company shall not be responsible or liable in any manner to the Customer in this regard.
- (k)If any terms of this Terms and Conditions conflict with any other terms and conditions/document/electronic record, this Terms and Conditions shall prevail and supersede, to the extent of such conflict or inconsistency.
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25) Trustmark Programme (7 Day Shield) Terms & Conditions
These terms and conditions of the Trustmark Programme (hereinafter referred to as “Terms and Conditions”) is an electronic record in the form of electronic contract in terms of Information Technology Act, 2000 (as amended from time to time) and rules framed thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signature or seal.
- “Company” means SMS Services Groups, a company incorporated under the provisions of the Companies Act,having its registered office at Rasuwa, Bagmati. (hereinafter referred to as “Company”, which term may include, as the context may require, its affiliates, successors and assigns). Customer acknowledges that Company and its affiliates own and operate several online auto classified services portals including without limitation www.gaadi.com, www.tapaikobazar.com and mobile applications thereof (collectively referred to as “Portals”).
- “Customer” means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Nepal Contract Act, and which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, affiliates, legal representatives, administrators and permitted assigns (in case of company) or his/her legal heirs, representatives executors, administrators, successors and permitted assigns (in case of individual) or the partners or partners for the time being of the firm and the survivor or survivors of them and legal heirs, representatives executors or administrators of such partners or survivors (in case of partnership).
“Dealer” means any person or entity engaged in sale and purchase of used/pre-owned motor vehicles and rendering certain allied services to various customers and is registered with and authorized by the Company, subject to applicable terms and conditions.
27) New Vehicle Booking Terms and Conditions
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- i.Tapaikoibazar’s engagement is limited to finding best deals for the User and not to facilitate sale through its platform, Our endeavor will be to identify the vehicle dealer who can provide the best deals to you.
- ii.The interaction on Tapaikoibazar’s platform is limited between Tapaikoibazar and the User. The seller is not onboarded on the platform and does not enlist the vehicles including any price indication thereto.
- iii.In cases if the User agrees to buy the vehicle as per Tapaikoibazar’s deal search, the supply transaction including payment of consideration happens directly between the dealer and the customer i.e. in offline mode. Tapaikoibazar platform does not collect any consideration on behalf of the dealer.
- iv.The amount paid by you is fully refundable upon payment of booking amount by you to the identified vehicle dealer.
- v. In case you wish to cancel the booking before, please request for refund of the booking amount .
- vi.Our representatives will connect with you for further documentation requirement for further facilitating the booking with the Vehicle Dealer and shall further update you about the progress of your booking.
- vii.Receiving the Refundable registration fee is only a confirmation of service acceptance by Tapaikoibazar and this does not bind any of the parties that final deal between you and dealer will be concluded. The deal shall be considered completed only when documents are signed by you with the dealer.
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