The following describes the terms on which ecardlr.com offers you access to our services, which are presently free of charge to you. ecardlr.com reserves the right to charge for these services at any time.
Welcome to ecardlr.com. By using the services on the ecardlr.com websites (ecardlr.com and other related websites where these Terms & Conditions appear), you are agreeing to the following terms, including those available by hyperlink, with ecardlr.com and the general principles for the websites of our subsidiaries and affiliates.
ecardlr.com only acts as a facilitator for car purchase, financing of cars and insurance on cars. ecardlr.com is not liable for any services offered by the dealer/seller, insurance and finance companies and agents. The services provided by the dealer/seller, insurance and finance companies and agents are governed by their respective policies.
Before you may use ecardlr.com, you must read and accept all of the terms and conditions in, and linked to this website. We strongly recommend that, as you read the Terms & Conditions, you also access and read the linked information. By accepting these Terms & Conditions, you also agree that your use of ecardlr.com is governed by these Terms & Conditions. This Agreement is effective on March 1, 2009, for current users, and upon acceptance for new users.
This document is an electronic record in terms of Information Technology Act, 2000 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.
USE OF WEBSITE
You understand and agree that ecardlr.com and the Website merely provides information to Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised are third party user generated contents. ecardlr.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
o ecardlr.com does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, ecardlr.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. ecardlr.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
o ecardlr.com does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
o ecardlr.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller/Dealer and the buyer. At no time shall any right, title or interest over the items vest with ecardlr.com nor shall ecardlr.com have any obligations or liabilities in respect of such contract. ecardlr.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of vehicles which are out of stock, back ordered or otherwise unavailable. All offers are for a restricted time and only for the available supply.
o You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the sellers that you transact with.
When you visit ecardlr.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ecardlr.com or its content suppliers, as the case may be, and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of ecardlr.com , unless specifically attributed otherwise, and protected by Indian and international copyright laws. All software used on this site is the property of ecardlr.com or its software suppliers, as the case may be, and protected by Indian and international copyright laws.
Images of all hatchback cars (excluding Fabia, Fusion, Indica Vista) have been shot by and are the exclusive property of ecardlr.com. Other car images are sourced from printed literature available either off-line /on-line on the internet.
LICENSE AND SITE ACCESS
ecardlr.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ecardlr.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ecardlr.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ecardlr.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing ecardlr.com name or trademarks without the express written consent of ecardlr.com. Any unauthorized use terminates the permission or license granted by ecardlr.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ecardlr.com so long as the link does not portray ecardlr.com, or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ecardlr.com logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments,, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. ecardlr.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant ecardlr.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ecardlr.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ecardlr.com for all claims resulting from content you supply. ecardlr.com has the right but not the obligation to monitor and edit or remove any activity or content. ecardlr.com takes no responsibility and assumes no liability for any content posted by you or any third party.
ecardlr.com attempts to be as accurate as possible. However, ecardlr.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. For the convenience of users, we may offer catalogs of images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable Lawyer's fees, made by any third party due to or arising out of your breach of these Terms & Conditions, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to ecardlr.com. We reserve the right to make changes to our site, policies, and these Terms & Conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ecardlr.com shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
Part of the Site contains advertising information or promotion material or other material submitted to ecardlr.com by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ecardlr.com found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. ecardlr.com will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- ecardlr.com advertisers on the Website. ecardlr.com reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.
RESOLUTION OF DISPUTES
If a dispute arises between you and ecardlr.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ecardlr.com agree that we will resolve any claim or controversy at law or equity that arises out of our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly through 'contact us'.. The disputes shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
· Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of India. You agree that any claim or dispute you may have against ecardlr.com shall be subject to the jurisdiction of the Courts at New Delhi only and only through arbitration. You agree to submit to the personal jurisdiction of the courts located within Delhi, for the purpose of litigating all such claims or disputes.
· Arbitration- For any claim, the party requesting relief shall first have to exhaust the resolution through contacting us directly. If after 45 days, the dispute is not resolved between the parties, the same shall be referred to binding arbitration through an arbitrator to be nominated solely by ecardlr.com. The following rules shall apply to the arbitration proceedings: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the arbitrator; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; C) language of the arbitration proceedings shall be English; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
· Improperly Filed Claims - All claims you bring against ecardlr.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, ecardlr.com may recover Lawyer's fees and costs up to Rs.50,000/-, provided that ecardlr.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Copyright ©2009 ecardlr.com. All rights reserved.
These disclaimer/terms of service notification are subject to change without notice.