Cholamandalam Investment and Finance Company Limited (hereinafter referred to as “CIFCL” or “We” or “Us” or “Our”) welcomes you to https://www.cholamandalam.com/auction/chola-equipments (A venture of CIFCL) for buying, selling and auctioning of new and used Equipment; and accessing financial products of CIFCL and its Affiliates (together, “Chola”), including but not restricted to loans as offered by Chola, permitting third party advertisements, etc
"Equipment"" means any movable asset listed under this Platform.
“Affiliates” means CIFCL's wholly owned subsidiaries, subsidiaries, associate companies or a joint venture, partnership or corporation that directly or indirectly controls, is controlled by or is under common control of or with CIFCL or CIFCL's wholly owned subsidiary. The term "control" (including the terms "controlled by" and "under common Control with") shall have the definition as provided under the Companies Act, 2013
The website https://www.cholamandalam.com/auction/chola-equipments is owned by CIFCL (CIN: L65993TN1978PLC007576), a company incorporated under the Companies Act, 1956 with its registered office at Chola Crest, C54-55 & Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 600032, Tamil Nadu.
This User Agreement (“Agreement”) is an electronic contract under the Information Technology Act, 2000 and Rules made thereunder, and the relevant amendments made thereon. This Agreement does not require any physical, digital, or electronic signature.
This Agreement is published in accordance with the requirements under applicable laws, including, without limitation, the provisions of:
a) Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires intermediaries to publish the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person; and
b) The regulations, master directions, master circulars, circulars, and guidelines issued by the Reserve Bank of India (“RBI”), including without limitation, the Guidelines on Digital Lending dated 02 September 2022
in each case, as amended and in force from time to time.
This Agreement is available at https://www.cholamandalam.com/auction/chola-equipments, including its mobile site (together, the “Website”) (individually and collectively referred to as “Platform”).
This Agreement is between CIFCL and “You” or “User” which terms shall mean any natural or legal person who uses the Platform. CIFCL does not allow any User to undertake transactions (including, without limitation, offering Equipment for sale, participating in auctions or making purchases or availing loans), without registration on the Platform. The Agreement describes the terms on which CIFCL offers the User access to the Platform for availing services, availing loans, buying/selling products, and activities which are incidental and ancillary thereto (hereinafter, "Services", and more particularly defined below).
1. ACCEPTANCE OF USER AGREEMENT:
a) Your use of the Platform and Services and tools are governed by this Agreement, including the applicable policies, such as, without limitation, the Privacy Policy, which are incorporated herein by way of reference. If You transact on the Platform, You shall also be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, You shall be contracting with CIFCL. This Agreement (including the policies) constitute Your binding obligations with CIFCL.
b) This Platform is an e-commerce entity providing both an online marketplace and an inventory-based e-commerce platform for buying, selling, and auctioning used Equipment and allied/ancillary services; and
c) Use of the Platform is governed by this Agreement.
d) Every User of the Platform and Services provided hereunder is also bound by the Privacy Policy of CIFCL, specific terms and conditions governing individual sale transactions or the auction process, terms of sale, and terms imposed by mobile application stores such as Apple's iTunes, Android's Play Store etc., and all Information Technology-related policies adopted by CIFCL in compliance with the regulations of the Reserve Bank of India, all of which are deemed to be incorporated in this Agreement by way of reference.
e) The Platform and the intellectual property attached to the Platform belong exclusively to CIFCL. Any trademarks used on the Platform but belonging to a third party shall remain the property of that third party.
f) If User is dissatisfied with any portion of the Platform or any provision of this Agreement, the User's sole and exclusive remedy is to discontinue the usage of the Platform.
g) The User is confirming that he/she has fully read this Agreement of the Platform and agrees to abide by the same. This Agreement shall be effective as soon as the User accesses the Platform or any portion of the Platform. Every login, or making a bid, or making use of any of the Services on the Platform shall be considered as a re-affirmation to the terms of this Agreement.
2. AMENDMENTS TO USER AGREEMENT:
a) CIFCL is entitled to amend any provisions of this Agreement at any time by posting a revised version on the Platform, which will become effective from the time of such post. User is advised to regularly check for any amendments or updates of this Agreement.
b) If the revised version of this Agreement includes a Substantial Change, CIFCL will provide User with 5 days' prior notice of the same. "Substantial Change" means a change to the terms of this Agreement that reduces User's rights or increases User's responsibilities.
c) Communication by email/SMS or by notice on the Platform shall constitute adequate service of notice and shall be deemed to satisfy any legal requirement that such communication be in writing.
d) 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.
3. GENERAL INFORMATION:
a) Eligibility to use the Website: The Platform shall be used only by the persons who can form legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, minors, etc. are not eligible to use the Platform. If you are a minor i.e., under the age of 18 years, You shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if You wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform. If the User is a business entity, the person who is using this Platform on behalf of the business entity shall be deemed to be considered as having authority to bind the entity to this Agreement.
b) CIFCL reserves the right to terminate your membership and/or refuse to provide You with access to the Platform if it is brought to CIFCL's notice or if it is discovered that You are under the age of 18 years or otherwise legally disqualified or incompetent to enter into a contract as per the Indian Contract Act, 1872 or any other laws applicable in India. The Platform shall not be used by persons whose membership has been suspended or terminated by CIFCL. Furthermore, CIFCL has the right at its sole discretion to refuse to provide access to or terminate the access of any person (s) whatsoever with or without notice.
c) Authorization to communicate: A User by registering with the Platform authorizes CIFCL and its current, future Affiliates/ partners to communicate with him/her via SMS, Email, Phone, or any other means of communication, in accordance with Applicable Law, to offer the User product information and promotional schemes listed on the Platform.
d) CIFCL may offer User/s, dealers or third-party service providers improved visibility for their listings on the Platform and other benefits as per the terms and conditions of any scheme it launches from time to time.
4. SERVICES TO BE OFFERED THROUGH THE PLATFORM
The Platform shall broadly offer services in relation to E-Commerce activities which may be provided either through CIFCL itself or through other third-party service providers and User obligations and terms for availing the Services have been described in detail in the clauses below.
4.1 E-Commerce Activities provided through CIFCL
a) Facilitating Sale: The Platform shall enable generation and sharing of information regarding any potential Buyer to the Seller (“Lead”). The Platform shall facilitate the sale of Equipment and help convert Leads by negotiating with the Seller and any potential Buyer.
b) Promotion/Marketing: The User shall be entitled to display banners/advertisements in relation to his products for marketing and advertising purposes by paying the Platform a fee which shall be as determined and agreed mutually by the parties. CIFCL shall have the discretion to approve and then monitor the content to be displayed in the banner.
c) The User shall have the option to obtain loan from CIFCL based on a lead generated on the Platform.
d) Other services such as auctioning and bidding of re-possessed Equipment.
5. USER OBLIGATIONS AND GUIDELINES:
Section I - FOR E-COMMERCE ACTIVITIES
Section I applies to you solely with respect to your activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) Profile Details: User shall provide, maintain, and promptly update true, accurate, current, and complete information such as name, date of birth, contact number, address, password ("Profile Details"). A Login ID and password for User's account will be created by User and the same shall be used for all further transactions. After the creation of the User account, such User will be considered a "Registered User" of the Platform.
b) Registered User: A Registered User may transact on the Platform as seller or buyer or both. Registered Users making a purchase on the Platform shall be referred to as the “Buyer” and a Registered User selling their Equipment by listing them on the Platform shall be referred to as a "Seller". A Buyer can access the Platform immediately after registration whereas a Seller shall have to provide more details in relation to the Equipment to be sold through this Platform. On completion of registration, a Seller shall receive an email and SMS stating that a CIFCL field executive will visit the Seller within the next twenty-four (24) hours to collect all relevant documents like KYC, address proof, PAN card copy, and other necessary documents (such documents/information being the "Registration Data") A Registered User is responsible for maintaining the confidentiality of Login ID and Password. The Registered User shall provide true, accurate, current, and complete Registration Data.
c) All communication shall be electronic: The User hereby consents to receive communications electronically. The User shall communicate with CIFCL by email or by posting notices on the Platform. The User agrees that all the notices, disclosures, agreements, and other communications that CIFCL shall provide to the User in the electronic mode shall satisfy any legal requirement that such communications be in writing.
d) Content Guidelines: TThe User agrees, undertakes, and confirms that while providing his/her information on the Platform, the User shall not upload, display, host, publish, modify, update, transmit or share any information that:
(i) belongs to another person and to which the User does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to a child/children;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) 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 other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource; or
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(xi) harasses or advocates harassment of another person/User on the Website;
(xii) infringes upon or violate any third party's rights, including intellectual property rights, rights of privacy (including, but not limited to, unauthorized disclosure of a person's name, email address, physical address or phone number);
(xiv) interferes with another User's use and enjoyment the Platform.
e) The User of this Platform is required to ensure and undertakes that the information provided on this Platform or any actions of the User (s) on this Platform shall:
(i) Not be false, inaccurate or misleading;
(ii) Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any Equipments, the dealing of which is prohibited or restricted in any manner under any provisions of any applicable law, rule, regulation or guideline for the time being in force;
(iii) Not create liability for CIFCL or cause CIFCL to lose the services of Our Internet Service Provider (“ISPs”);
(iv) Not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available on the Platform. We reserve Our right to bar any such activity.
(v) Not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means;
(vi) Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's/Users use of the Platform.
f) You may not transmit any chain letters, unsolicited commercial or junk email to other Users through the Platform. It shall be a violation of this Agreement to use any information obtained from the Platform to harass, abuse, or harm another person.
g) Consequences for violating content guidelines: Any violation of the guidelines in Clause 4 Sub-Clause (d) to (f) above, shall entitle CIFCL to immediately remove the non-compliant information, the Equipment listing, and other related information posted by the User, block the User, suspend, or terminate the access or usage rights of the User, delete their publicly visible comments/information, and/or initiate legal action against such User. CIFCL will issue a written notice to the offending User through email in this regard. CIFCL will not host, store, or publish any information which is prohibited or considered unlawful under any applicable law for the time being in force. Any transaction or attempted transaction relating to any Equipment/equipment which is violative of this Agreement or applicable law that comes to the knowledge of a User shall be intimated to CIFCL by the User.
h) User ID and Password confidential and non-transferable: The Registered User is responsible for all actions taken under his/her User ID. User ID is not transferable and the Registered User should not allow others to use it or disclose or make available the password to any other person.
i) Seller to maintain confidentiality of customer data: A Seller is responsible for maintaining the confidentiality of details and information shared by other Users, including without limitation, e-mail IDs and financial information. The Seller agrees to accept responsibility for all activities that occur under its Registered User ID.
j) Consequences of breach of Registered User Website-use obligations: CIFCL reserves the right to decline/terminate/suspend any registration at any time, with or without notice or cause and in its entire sole discretion. Until the revocation of termination/ suspension or the activation of Registration, the Registered User will not be allowed to buy/sell/place bids.
k) Information Sharing and Privacy: "User Information" is the information that is provided by the User on the Platform while registering, buying, or listing process. The User shall not provide any personal information such as contact details in the places, other than the places specifically provided on the Platform.
(i) User Information and CIFCL: The User agrees to furnish his/her information on the Platform to enable CIFCL to use it for the purpose of selling/buying/auctioning or providing any other service as envisaged under the Platform. The User shall grant CIFCL a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights over the User Information to the extent such information is required by CIFCL to provide Services under the Platform and/or comply with applicable laws. CIFCL shall use the User Information only in accordance with this Agreement and Privacy Policy, subject to applicable laws. CIFCL may use the User Information to identify the members of the Platform with whom the User may have a beneficial relationship. User permits CIFCL to share the User Information with Equipment/equipment dealers/potential Buyers or third-party service providers in the course of its business. The User shall not share any sensitive personal data and/or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, on the Platform or with any other Users of the Platform. For further details, please refer to the Privacy Policy.
(ii) User Information and sharing information with other Users: The User acknowledges and agrees that the User Information including any personal information would need to be provided by him/her to other Users, dealers and/or third-party service providers through the Platform when he/she seeks to transact with such Users, dealers or third-party service providers on the Platform. The User further agrees that CIFCL has no control over on his/her sharing of User Information with other Users, dealers or third-party service providers of the Platform since such other Users, dealers or third-party service providers of the Platform are selected by him/her when he/she chooses to transact and/or interact with them.
l) Prohibition of unfair practices: The User, on his own or together with other Users of the Platform, shall not manipulate or attempt to manipulate the price of any Equipment/equipment being purchased or sold on this Platform and shall not practice or indulge in any unfair or illegal trade practices or abet the use of such unfair practices.
6. THIRD PARTY SITES:
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) Our Platform may contain, hyperlinks to websites operated by parties other than CIFCL, or third party information such as product description, catalogue/s, dealer information, images, videos and any other data made available by a third party (“Third Party Content”). CIFCL does not control such Third-Party Content and shall not be responsible for any loss or damages resulting out of the use of Third-Party Content.
b) The inclusion of Third-Party Content does not imply CIFCL's endorsement of such websites. CIFCL does not provide any warranty in respect of the authenticity or accuracy of the Third-Party Content. A link to another website is not an endorsement of any products or services on such site or the website. You shall be solely responsible for all consequences that arise out of Your use of such Third-Party Content.
7. SALE OF RE-POSSESSED EQUIPMENT ON THE WEBSITE
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) The Website provides the Services without any warranty or condition and disclaims any warranties of title, fitness for a particular purpose, merchantability, and non-infringement.
b) Notwithstanding anything contained in this Agreement, CIFCL does not make any representation or warranty as to the attributes of Equipment, Services offered on the Website such as quality, condition, worth, marketability, etc. Equipment /s, service/s offered, to be sold or purchased through the Website or the attributes such as legal title, creditworthiness, identity etc. of any of its Users. Users are advised to independently verify the bona fides of any particular User that User chooses to deal with on the Website and use their best judgment in that behalf. The User shall note that there are risks in dealing with other persons on the Website, including the risk of dealing with people acting under false pretense, foreign nationals and/or underage persons. Except as expressly provided, CIFCL does not endorse and shall not be responsible for the delivery of any goods listed for sale/auction or purchased through the Website. CIFCL neither implicitly nor explicitly supports/endorses the sale/purchase of any Equipment by a User or any other third- party on the Website. CIFCL accepts no liability for any errors or omissions, whether on behalf of itself, or any other third parties.
c) CIFCL makes no warranties or representations about the reliability, accuracy, timeliness and/or completeness of any Content provided on or through the Website or that the operation of the Website will be uninterrupted and/or error free. Consequently, no liability whatsoever for any monetary or other damage suffered by the User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Website shall be assumed by CIFCL.
d) You agree that no claims for the return or replacement of the Re-Possessed Equipment or for the refund of any amount shall lie against Chola after You have inspected the Re-Possessed Equipment.
e) All commercial/contractual terms pertaining to the purchase of the Re-Possessed Equipment shall be separately agreed between Chola and You. The commercial/contractual terms may include without limitation, the price, shipping costs, payment methods, payment terms, data, mode of delivery, warranties related to Re-Possessed Equipment and after sales services related to the Re-Possessed Equipment.
8. PLATFORM FOR COMMUNICATION AND EXCLUSION OF WARRANTIES:
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) User understands and agrees that he/she/it is provided with the option to interact with other Users of the Platform in relation to the transactions to be carried out on the Platform at its sole risk, host the details of the Equipment to be sold through the Platform and quote the purchase price or bid apart from availing other services which may be offered by Chola. Consequently, with respect to User to User transactions on the Platform's marketplace:
(i) any contract of sale shall be strictly bipartite between the Seller and the Buyer. CIFCL shall not mediate or resolve any dispute or disagreement between the User/s or control in any manner transaction/s between two Users of the Platform.
(ii) CIFCL is not responsible for any non-performance or breach of any contract entered into between/among Users. CIFCL does not guarantee that the concerned Users will perform the transactions concluded on the Platform.
(iii) User acknowledges that CIFCL does not pre-screen or approve any listings, messages, text, files, images, photos, video, sounds, or other materials displayed on or through the Platform (“Content”), but CIFCL shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content, for violating this Agreement or for any other reason.
(iv) By agreeing to be bound by this Agreement, the Seller undertakes to ensure that the descriptions, images, and other content pertaining to goods or services on the Platform are accurate and corresponds directly with the appearance, nature, quality, purpose, and other general features of such good or service.
(v) At no time the right, title, or interest over the Equipments, listed on the Platform by a User for sale, shall vest with CIFCL nor shall CIFCL be liable in respect of transactions made on the Platform.
(vi) The User shall agree with the relevant other User(s) with whom they transact on the manner and terms and conditions of payment, insurance, delivery etc.
b) The Platform provides the Services without any warranty or condition and disclaims any warranties of title, fitness for a particular purpose, merchantability, and non-infringement.
c) Notwithstanding anything contained in this Agreement, CIFCL does not make any representation or warranty as to the attributes of Equipment/equipment, Services offered on the Platform such as quality, condition, worth, marketability, etc. Equipment/s, equipment/s, service/s offered, to be sold or purchased through the Platform or the attributes such as legal title, creditworthiness, identity etc. of any of its Users. Users are advised to independently verify the bona fides of any particular User that User chooses to deal with on the Platform and use their best judgment in that behalf. The User shall note that there are risks in dealing with other persons on the Platform, including the risk of dealing with people acting under false pretense, foreign nationals and/or underage persons. Except as expressly provided, CIFCL does not endorse and shall not be responsible for the delivery of any goods listed for sale/auction or purchased through the Platform.
d) CIFCL makes no warranties or representations about the reliability, accuracy, timeliness and/or completeness of any Content provided on or through the Platform or that the operation of the Platform will be uninterrupted and/or error free. Consequently, no liability whatsoever for any monetary or other damage suffered by the User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Platform shall be assumed by CIFCL.
e) All Equipment (and/or their parts) sold/auctioned on the Platform by a User are sold/auctioned in their “as is where is” condition and location with all faults and imperfections and errors of description except where expressly stated otherwise.
f) It is the responsibility of User to satisfy himself/herself, prior to sale, as to the origin, description, suitability, age, mileage, durability, completeness, operability, state, and condition of each Equipment and should exercise and rely on their own judgment as to the condition and quality of the Equipment and whether the Equipment conforms to its description and whether the same is suitable for the User's purpose.
g) It is the sole responsibility of the Buyer/successful bidder to transfer the Equipment related records in their name, immediately on completion of sale, CIFCL shall in no way be responsible for transfer of such records.
h) Each User agrees to indemnify CIFCL, its officers and representatives against all costs, damage, liability, or other consequences of actions of such User and waives any claims that he/she may have in this behalf under applicable law.
9. OBLIGATIONS RELATING TO PURCHASE OF EQUIPMENT AND SERVICES:
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) The User shall be responsible to ensure that all their payment related obligations are fulfilled. The User shall not place any false purchase request. Placing purchase request by providing fake personal details is a crime and the Platform will take all efforts to identify such a User and initiate/cooperate in any legal action against such a User.
b) The User is not permitted to submit a lead or to enquire in relation to an Equipment listing in the Platform other than for the purchase of Equipment. No User is permitted to gather data, mine data, broker transactions or relist the Equipment in any other website or purchase for resale.
c) The User purchasing the Equipment in either the sale or auction shall be solely responsible for ensuring and verifying the title of the Equipment, receipt of necessary original title documents such as invoice and original certificate of insurance, bill of lading , if applicable. The User shall in no way be entitled to make a claim against CIFCL for any failure or inadequacies in the User's verification process or transaction process.
d) The User shall solely responsible to complete the documentation part as per applicable laws and User hereby agree and acknowledge that CIFCL shall not be responsible for any consequences, including without limitation any delay in the delivery of the Equipment, cancellation of the transaction, in case of any incomplete or improper documentation whatsoever.
e) The User shall not infringe the intellectual property right, trade secret or other proprietary rights of CIFCL or any third party.
f) The User acknowledges and agrees that the final sale price shall be as confirmed by the Seller.
10. OBLIGATIONS RELATING TO SALE OF EQUIPMENT AND SERVICES:
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) A Registered User may list his/her Equipment for sale on the Platform.
b) The User must legally own and be in a position to sell the Equipment which he/she lists for sale on the Platform. The Registered User selling the Equipment is solely responsible and shall ensure the accuracy, legality and completeness of the listing of the Equipment on the Platform and for ensuring that such listing does not infringe the rights of any third party and for ensuring that the listing does not violate content guidelines set out in this Agreement.
c) The Registered User shall only include accurate pictures, description and graphics of/in relation to the Equipment that is listed for sale. The User shall not put up a description of a Equipment on the Platform in a misleading manner. The User shall depict the actual condition of the Equipment. The User who is selling his/her Equipment shall certify that the description/information provided by him/her about the Equipment are true. The User shall keep the Equipment in the manner described on the Platform for successfully completing the sale.
d) All the Equipment must be listed by the User in the relevant category on the Platform.
e) No User shall solicit a business of any nature outside the Platform by providing his/her contact details.
f) The User shall be liable to refund the sale price and any other amount received from the Buyer, if the Equipment fails to match the description/depiction of the Equipment put up by him/her on the Platform.
g) On the Equipment being sold through the Platform or otherwise, the User shall immediately remove the sale listing from the Platform. CIFCL reserves the right to remove any listing of Equipment by a User from the Platform at its sole discretion without notice and without liability to any person.
h) The Seller shall not directly or indirectly offer and/or trade in any Equipment, the trading of which is prohibited or banned under the provisions of applicable laws which are in force. The Seller of a Equipment shall be responsible for providing all the information relating to the said Equipment proposed to be sold. The Seller shall not provide false, misleading, inaccurate, and fraudulent information particularly about the Equipment to be sold/auctioned under the Platform. If the Equipment description does not match the actual condition of the Equipment , You agree to refund any amounts that you may have received from the Buyer. The Seller shall not infringe the intellectual property of any third party, trade secret or other proprietary rights. The Seller represents that he/she is the sole, exclusive owner of the Equipment of any description that he/she offers for sale on the Platform or shall have the required rights/interest/authority over such Equipment conferred on the Seller by the owner of such Equipment in writing.
(i) CIFCL accepts no liability for any listing on the Platform.
11. AUCTIONING AND BIDDING:
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) CIFCL reserves the right to introduce and amend fees or charges for the Services being offered on or through the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to CIFCL within specified time and in the specified manner. CIFCL at its sole discretion can introduce new services and modify the existing services offered on the Platform. The fee chargeable by CIFCL for various services offered on the Platform shall be listed at the appropriate places on the Platform. Once a fee chargeable for a specific service is posted on the Platform, the same shall be chargeable immediately for such service.
b) User shall be completely responsible for the payment of applicable fee and charges such as listing fee, as may be stipulated by CIFCL on the Platform, together with taxes, duties, and cess as applicable from time to time for his/her usage of Platform and availing various services provided therein. Hence, the User shall be responsible to note the fee chargeable on a specific service before availing such service. CIFCL reserves the right to issue a warning, suspend or terminate User's membership, refuse access to the Platform and/or take appropriate legal action in case of non-payment of fees by the User and/or for any violation of this Agreement.
c) CIFCL may engage a third-party payment processing service provider (“Payment Service Provider”) to facilitate payments for transactions conducted on or through the Platform. When the User makes the payment through the Payment Service Provider, the Payment Service Provider shall process the payment to CIFCL, the other Users or any other third-parties. Further, upon selecting any Service for which a fee is chargeable by CIFCL, the User may be redirected to the Payment Service Provider.
d) In case the Platform or Payment Service Provider's webpage, that is linked to the Platform, is experiencing any server related issues like “slow-down” or “failure” or “session timeout”, the User shall, before initiating the second payment, check whether his/her/its Bank Account has been debited or not and accordingly resort to one of the following options:
(i) In case the Bank Account appears to be debited, ensure that he/she/it does not make the payment twice and immediately thereafter contact the intended recipient of the payment via email to confirm payment; (i) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, the User agrees that under no circumstances CIFCL shall be held responsible for such duplicate transactions and hence no claims should be raised against CIFCL.
e) CIFCL assumes no liability whatsoever for any monetary or other damage suffered by the User on account of:
(i) he delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Service Provider; and/or (i) Any interruption or errors in the operation of the Payment Service Provider.
f) The User agrees, understands, and confirms that its personal data, including without limitation details relating to debit card/credit card transmitted over the Internet may be susceptible to misuse, hacking, theft, and/or fraud and that CIFCL has no control over such matters.
g) Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, CIFCL does not represent or guarantee that the use of the Payment Service Provider will not result in theft and/or unauthorized use of data over the Internet.
12. REFUNDS/CANCELLATION:
This clause applies solely with respect to activities in the e-commerce marketplace, irrespective of whether or not you have availed of any loan products from Chola.
a) Equipment sold on the Platform are not eligible for any returns, refunds, or exchange.
b) However, certain Dealers may be willing to discuss and negotiate a customised return or refund policy on a case-by-case basis. Before purchasing any Equipment, Customers who are Winning Bidders are requested to directly contact the Dealer for further details on returns, refunds or exchanges. Dealers can be contacted through the contact information displayed on their page and during the physical inspection visit. All returns, refunds or exchanges are contracts solely between the Dealer and the relevant Customer. The Platform/CIFCL expressly disclaim all responsibility for (a) any Dealer providing or refusing returns, refunds or exchanges; and/or (b) the enforcement of any such returns, refunds or exchanges.
c) Where the Dealer has its own return and refund policy, the User must abide by the terms of that policy. In the absence of such a policy, the provisions of Clause 13 (b) will apply to the Dealer.
13. BREACH:
a) Without prejudice to the remedies available to it under law and equity, CIFCL may restrict the activity of User, remove the listing of Equipment, issue warning to the other Users about the actions of a particular User, suspend or terminate the membership of the User with immediate effect, pursue any remedy available to Chola under the relevant documentation and/or deny access to the Platform, to the User:
(i) If the User violates the terms of this Agreement, Privacy Policy, relevant documentation, any other conditions introduced by CIFCL and/or the documents which are posted on the Platform by CIFCL; or
(ii) If CIFCL believes that the actions of a User may cause legal liability for his/her, other Users of the Platform or CIFCL; or
(iii) If the information provided by the User could not be authenticated by CIFCL; or
(iv) If the User breaches any applicable law/regulation/notification.
b) CIFCL may at its sole discretion reinstate suspended Users at any time.
c) A User who has been suspended indefinitely shall not register or attempt to register on the Platform in any manner whatsoever until the reinstatement of his/her membership by CIFCL.
d) Further, CIFCL is entitled to claim damages from the User who breaches this Agreement, or any other document posted by CIFCL on the Platform and to take applicable legal action.
14. PROPRIETARY RIGHTS:
a) The website 'https://www.cholamandalam.com/auction/chola-equipments' and “Equipment Bazaar” mobile application are developed and owned by CIFCL.
b) The Platform's content, logos, images, design, graphics, icons, interfaces and the selection, assembly and arrangements displayed thereof on the Platform are protected under intellectual property laws (including copyright and trademark laws) and international conventions. Any modification, reproduction, creation of derivative works or redistribution of the Platform, and/or reproducing or copying of the Platform or any portion thereof to any other location or server for reproduction or redistribution is prohibited without the specific written consent of CIFCL. Content posted by a Registered User shall belong to the relevant user and shall be licensed to CIFCL for use in the manner described in Clause 4(i) above.
c) Permission to access, view the listing of Equipment by Users, utilize other services provided under the Platform and list the Equipment for sale is granted to the Users.
d) All the names, make and model of Equipment listed on the Platform are trademarks of their respective manufacturers. CIFCL neither has nor claims any rights over such trademarks, beyond the right to list/permit its listing on the Platform as a factual description of the Equipment.
e) User warrants that User has the right to grant, to CIFCL a non-exclusive, irrevocable, perpetual, fully paid, worldwide license to use, copy, perform, display, and distribute content and to prepare derivative works of, or incorporate into other works of the said content, and to grant and authorize sublicenses of the foregoing and all rights necessary to prohibit any subsequent aggregation or exploitation of the content on the Platform by any party for any purpose.
15. INDEMNITY:
Each User hereby agrees to indemnify CIFCL, its affiliates, subsidiaries, directors, employees, officers, agents, suppliers, service partners and consultants, from all claims, demands and damages, whether actual or consequential, of every kind arising out of or relating to any of such User's listings, transactions, or any other use of the Platform, the User's breach of this Agreement or violation of any law or the rights of a third party.
17. LIMITATION OF LIABILITY:
a) Chola, its suppliers and its service providers shall not be liable for any direct, indirect, incidental, consequential, punitive, special, exemplary or any damages whatsoever, including damages for unsatisfactory performance of the goods/services being sold/purchased, delay, loss of goodwill, profits, misuse of data or intangible losses arising out of or in connection with the Platform, its services or this Agreement, whether based on contract, tort or otherwise.
b) Under no circumstance will the liability of CIFCL is exceed the amount of fees, if any, paid by User to CIFCL.
c) CIFCL shall bear no liability whatsoever for any monetary or other damage suffered by User on account of delay, interruption, failure, or corruption of any data or other information transmitted in connection with use of the Platform.
17. DISPUTE RESOLUTION:
a) This Agreement shall be governed and construed in accordance with the laws of India, without regard to conflict of law principles. Subject to the arbitration clauses below, CIFCL and the User agree to submit to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu (India) only.
b) CIFCL and the relevant User(s) shall attempt, in good faith, to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to this Agreement.
c) Failing such amicable settlement within 30 (thirty) days of the dispute arising, the dispute shall be referred to arbitration and shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (“the Act”) or any statutory amendments thereof, notified prior to reference of dispute to arbitration, and shall be referred by the initiator of such dispute to arbitration of a sole arbitrator to be nominated by:
i) Presolv360, an online dispute redressal platform/institution, presently run by Edgecraft Solutions Private Limited, currently having its office at 3rd Floor, Churchgate House, 32, Veer Nariman Road, Fort, Mumbai- 400 023 (and any subsequent changes thereto). (or)
ii) ADReS Now, an online dispute redressal platform/institution, presently run by ADR e-Sarvantra Private Limited, currently having its office at 63, Palace Road, Vasanthnagar, Bangalore – 560 052 (and any subsequent changes thereto). (or)
iii) SAMA, an online dispute redressal platform/institution, presently run by Odrways Solutions Private Limited, currently having its office at W 901, Rohan Jharoka 2, Yemalur, Bangalore- 560 037 (and any subsequent changes thereto).
(hereinafter referred to as “Arbitration Institution”). The nomination of the sole arbitrator by Arbitration Institution shall be considered as a joint nomination by mutual consent of CIFCL and the relevant aggrieved User(s). The award given by such arbitrator shall be final and binding on all parties.
d) The Arbitration Institution shall appoint a substitute arbitrator in place of the appointed arbitrator in the following events:
i) death of the appointed arbitrator; or
ii) where the appointed arbitrator is unable or unwilling to act as arbitrator for any reason whatsoever.
e) The seat of arbitration proceedings shall be Chennai. The Courts at Chennai shall have the exclusive jurisdiction to try & entertain all disputes and differences and/or claims, arising out of or under this Agreement. The language of arbitral proceedings shall be English.
f) Administrative assistance to the sole arbitrator to facilitate the conduct of the arbitral proceedings, if required, may be provided by the Arbitration Institution.
g) The parties hereby consent to have the arbitral proceeding conducted by a submission of written pleadings/submissions, documents in physical and/or any other electronic/virtual mode (through exchange of post, e-mail and/or any other mode of electronic communication including video conference (VC), online, virtual hearing etc., using an external application or platform, if necessary) or a combination thereof as may be determined by the sole arbitrator, whose decision shall be final and binding on the parties.
h) The sole arbitrator shall send a copy of the award/interim award/order so passed by him/her and duly certified by him/her through post/courier or a scanned image of such award or electronically/digitally signed award to the parties through e-mail or any other electronic mode either on his own or through the Arbitration Institution, as he/she deems fit, which shall be considered as a signed copy for the purposes of the Act.
i) The postal/e-mail and/or any other electronic mode of address provided by the User(s) to CIFCL under this Agreement or any other document executed/shared by the User(s) to CIFCL shall be deemed to be an active postal/e-mail and/or any other electronic mode of address and any service effectuated upon such active postal/e-mail and/or any other electronic mode of address shall be deemed to be completed. Any change or other discrepancies in the postal/e-mail and/or any other electronic mode of address provided above, shall be informed to CIFCL promptly.
18. GRIEVANCE REDRESSAL OFFICER
If the User has any grievance with respect to the Website or Service, the User can contact CIFCL's grievance officer at:
Name: Krishnakumar.K.P
Designation: Sr. Associate VP-Operations
Customer Care Email ID: customercare@chola.murugappa.com
19. NODAL POINT OF CONTACT:
If the User has any grievance with respect to the Equipment listed, purchased or sold on the Website, the User can contact CIFCL's nodal officer to escalate:
Name: Krishnakumar.K.P
Designation: Sr. Associate VP-Operations
Customer Care Email ID: customercare@chola.murugappa.com
20. RELATIONSHIP OF USER AND CIFCL
a) User agrees that no joint venture, partnership, employment, or agency relationship exists between User and CIFCL because of the Agreement.
b) User shall have no authority to bind CIFCL in any manner whatsoever and shall not represent to the contrary, orally or in writing.
21. NOTICES
Except when explicitly stated otherwise, any notices to CIFCL shall be given by email to customercare@chola.murugappa.com
Notice/any communication shall be sent to the User either to the email address, if any provided by the User on the Platform or by post to the address provided by User on the Platform during the registration process. In the event of notice being sent through post, notice shall be deemed to be served within 3 days after the date of posting. In the event of email, the notice is deemed to have been served as soon as the email leaves CIFCL's computer system/resource.