Last updated: June, 2022
Before You may use www.truebil.com (hereinafter referred to as “Website”) and/or Truebil (the “Application”), owned and operated by Value Drive Technologies Private Limited, having its registered office 801, 8th Floor, Vipul Square, Sushant Lok-1, Sector 43, Gurgaon Haryana-122001, You must read and accept all of the terms and conditions in this Terms of Use (“T&C” or “Terms”) and the linked Privacy Policy. This T&C is effective upon acceptance and grows the relationship between You and Value Drive Technologies Private Limited (hereinafter referred to as “Company” or “Truebil” or “we” or “us”), including the performance of services on or through the Website or the Application, and the sale and buy of vehicles through Truebil. In this Terms of Use, the Application and the Website are collectively called the “Portal”.
The Company shall provide services to You subject to the T&C. Please read these terms carefully. These T&C, as modified or amended from time to time, are a binding contract between the Company and You as Seller or Buyer (defined below), as the context may require, (“You” or “Your” or “User”). If You visit, use, or transact at the Portal, You accept these T&C.
If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Portal. For example: You may only use certain portions of the Portal if You are a registered member of the Portal. If You do not agree to be bound by this T&C and the Privacy Policy, You may not use the Portal in any way.
The user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to, and use of the Portal and all charges related thereto. The Company shall not be liable for any damages to the user’s equipment resulting from the use of the Portal.
As a condition of transaction through the Portal, the Portal requires Your permission to send You administrative and promotional emails. We will send You information regarding Your account activity and transaction, as well as updates about our services and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences or by calling us on our “Customer Care Number” provided on the Portal.
The Portal is a vehicle listing and information service portal that brings together Buyers and Sellers. It is hereby clarified that the Company is not a party to any transaction between the Buyers and the Third Party Sellers that originates on or through the Portal. At no time shall the Company have any obligations or liabilities in respect of such transaction. It is further clarified that all information with respect to the vehicle is provided by the relevant Third Party Seller only. Truebil in no way represents that this information is accurate. Except as otherwise stated herein, sale of Truebil owned cars to Buyers shall only be subject to terms and conditions set out in the respective Vehicle Sale Agreement. Any other written additional terms and conditions in separate agreements between the Third Party Sellers and/or Buyers on one hand and Truebil on the other hand shall prevail in case of a contradiction with these T&C.
Truebil makes best efforts to ensure the content on the Portal is accurate. However, Truebil is not responsible or liable for any loss or damage incurred as a result of the use of this content.
Truebil shall remove the listing of the vehicles as soon as such vehicle is sold or is no longer available for sale. Truebil expressly reserves the right to remove listing from its database when the vehicle can no longer be assumed to be for sale at its sole discretion.
Vehicles in Truebil’s database may be searched for only via the search functions offered on the Portal. Users may not interfere with the Portal’s proprietary contents and coding. Attempts to influence the contents of other party’s listings are also forbidden. Any such attempts will be prosecuted.
You agree that we may, under some circumstances and without prior notice to You, terminate Your use of and access to any of the parts of our Portal to which we restrict access, for example, by requiring registration. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the user in the event of any conduct by the user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this Agreement. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this T&C, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Portal, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made at our sole discretion and You agree that we will not be liable for any termination of Your use of or access to the Portal or any part of the Portal. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
The trademarks, logos and service marks (“Marks”) displayed on the Portal are the property of the Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks. All information and content including any software programs available on or through the Portal (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Sites for commercial or public purposes.
The Portal contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the user’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material. The trademarks that are located within or on the Portal or a site otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
The User shall not upload post or otherwise make available on the Portal any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the users with indications, markings or anything else that may aid the user in determining whether the material in question is copyrighted or trademarked. The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Portal, the user warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other end User to access, view, store or reproduce the material for that end user’s personal use. The User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Portal by the User.
ALL CONTENT AND SERVICES ON THE PORTAL, OR OBTAINED FROM A SITE TO WHICH THE PORTAL IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE PORTAL BY ANY PARTY OTHER THAN THE COMPANY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE SHALL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PORTAL OR A LINKED SITE, OR USER’S RELIANCE ON ANY SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PORTAL OR OBTAINED FROM A LINKED SITE. PLEASE SEEK ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE PORTAL OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE PORTAL, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, GOODWILL AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TRUEBIL AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE PORTAL WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE PORTAL OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS PORTAL.
By using Truebil and filling any form on our Portal, You authorise the Company and its current and future associate partners including but not limited to financial partners and several automotive partners to communicate with You via SMS, email, phone or any other means to offer You their and our services, imparting product knowledge, offering promotional offers listed on the Portal and offers offered by the associated third parties, regardless of Your DNC or DND status.
The Company reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Portal fraudulently. The Company also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Portal and any other unlawful acts or omissions in breach of these terms.
You agree, understand and confirm that the credit card details provided by You, if any, for availing of services on the Portal will be correct and accurate and You shall not use the credit card which is not lawfully owned by You, i.e., in a credit card transaction, You must use Your own credit card. You further agree and undertake to provide the correct and valid credit card details to the Company. Further the said information will not be utilised and shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on You and the onus to ‘prove otherwise’ shall be exclusively on You.
The Money-back guarantee is a unique offering from Truebil which allows the buyers to ride away tension-free. In the event buyer wishes to return any vehicle sold by Truebil within a period of 3 (three) days or 300 (two hundred) kilometres whichever is earlier from the date of delivery, the buyer can bring the car at Truebil direct outlet at the showroom and Truebil will take back said car with within a period of 3 days only subject to conditions that the vehicle shall not run more than 300 kms from the delivery date.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time, the Company may offer special promotional offers which may or may not apply to Your Portal’s account. To avail of such promotional offers, You agree to be bound by any additional terms and conditions for these special offers which are laid down by the Company. This Terms & Conditions and the relationship between You and the Company will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts ofDelhi only . The failure of the Company to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. The Company does not guarantee it will take action against all breaches of this Terms &Conditions. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between You and the Company and governs Your use of the Portal, superseding any prior agreements between You and the Company with respect to the Portal.
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision: If to Company: [email protected] If to You: at the email address provided by You to us when You registered on the Portal.
In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Portal, please report to [email protected]
No term of these Terms will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by You, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach