Terms Of Use
Last updated: 15 June 2021
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This is a legal and binding agreement between you, the user (“User” or “You”) of the Services, as defined below, and Neebal Technologies stating the terms that govern Your use of the Site
and application (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE & APPLICATION, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at www.khaaddealer.com and any other terms which govern the Site (together referred to as “Terms of Use” or “Terms” or “Terms and Conditions”) AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.
Description of Service and Acceptance of Terms of Use
Neebal Technologies is a company incorporated under the Companies Act, 1956, having its registered office at “Boomerang Building, B1-007, Chandivali Rd, Yadav Nagar, Chandivali, Powai, Mumbai, Maharashtra 400072” Neebal Technologies provides an online website ‘www.Khaaddealer.com’ as an interactive platform for its viewers and any associated mobile sites, applications (“Site”) to view stock, sales, nearby dealers, share inventory with the users etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Neebal technologies in connection with its business, provided on the Site (“Neebal Content”).
The Content will be made available to You through different modes, at the discretion of Neebal, including via video basis for viewing at the User’s discretion at a time chosen by You. In the case of downloadable Content, please note that: (a) the downloads are temporary in order to allow you to view the Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not all Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Neebal’s sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site & application and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site/application and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Neebal may monitor or use certain technologies for monitoring of activities, as separately explained in Neebal’s Privacy Policy. To facilitate Your viewership and access, the
Services can be packaged by Neebal through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee as per the relevant subscription plan selected on the Site/application.
The Service can be availed through platforms, software and devices, which Neebal approves from time to time, the current list for which is as set out below (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.
The Khaaddealer.com website works best with:
Latest version of Google Chrome
Latest version of Firefox
Latest version of Safari
Microsoft Windows XP or above / MAC OS 10.2 or above
Latest version of Adobe Flash Player
JavaScript and cookies enabled
The Khaad Dealer applications work best with a minimum system requirement of:
Android 4.4.4
iOS 10.0
AndroidTV – Android 7.1.1
Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Neebal (“Partner”).To access the Services at each instance, you would be required to undergo a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to you simultaneously.
Use of the Services is subject to compliance with these Terms of Use.
Unless otherwise specified, the Services are available for individuals who have attained the age of majority in their jurisdiction (13 years in the case of India).If You are under the relevant age of majority in Your jurisdiction, You may access the Site and the Services under the supervision of an adult and in accordance with applicable law which enables a minor in your jurisdiction to access such a service.
Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.
Accessing the Service through VPN You should not access or use the Service or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).
Electronic Communications
When You use / avail the Services or send any data, information or communication to Neebal technologies, You agree and understand that You are communicating with Neebal through electronic media/ records and You consent to receive communications via electronic records from Neebal periodically and as and when required. Neebal will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Neebal or made available to Neebal through a Partner which will be deemed adequate service of notice / electronic record.
You acknowledge and specifically consent to Neebal or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable Neebal to deliver the Services to you and/or enhance the delivery of the Services to you:
To obtain feedback regarding the Service;
To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.
You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.
In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the Site using a mobile number.
The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Neebal.
Subscription Services
Some of the Content made available on the application can be availed only by registered Users who have registered under a subscription model (“Subscription User”). You may need to register Yourself on the application to avail these services on a subscription model (“Subscription”). To become a Subscription User, You may be required to provide certain personal information to Neebal and may be required to make payments (“Subscription Fee”) as per the applicable membership plan through a debit card, credit card, UPI, internet banking or through, e- prepaid wallet or other payment method accepted by Neebal partners (“Payment Method(s)”) that You opted for during registration. Neebal will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Neebal. For Khaad Dealer Subscription proposed to be activated through Your registered mobile number. On successful registration to the Subscription, Neebal will intimate You of the same.
Neebal currently offers viewers the following Subscription plans to choose from:
(1) all access premium subscription pack
Neebal shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. Neebal shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently. Any personal data whether provided by you as a part of the Subscription registration process, or collected automatically when you use the Service will be governed by the Privacy Notice accessible at here
Free Trial
Some of the Subscription plans may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Neebal. Your eligibility for a free trial including the time for such free trial and the content available to be viewed during free trial period is at the discretion of Neebal and such free trial can be modified, suspended or terminated by Neebal at any point of time without giving notice to You.
In case You are eligible for any free trial, Neebal may charge You a token amount of money at the time of Your registration for a Subscription plan. This token amount will be refunded to You once Neebal receives the confirmation from the third-party payment gateway provider that Your Payment Method has been registered.
Payments
Neebal will automatically start billing as per Your selected Payment Method for the relevant Subscription plan(s) selected by You at the time of registration through the third party payment gateway at the end of the free trial period, if applicable unless You cancel a Subscription(s) before the end of the free trial period. The cancellation of a Subscription can be done through
the “My Account >> Premium Subscription” section of the Site. It may take a few days for Your payment made to Neebal to be reflected in your “My Account >> Premium Subscription” section. In case You cancel any Subscription before the end of the free trial period, You will not be entitled to any compensation monetary or otherwise from Neebal for the unutilized period of free trial.
You cannot change your Payment Method during the tenure of your Subscription(s). If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Neebal reserves the right to terminate the Subscription(s) offered to You.
The Subscription Fee for a particular Subscription will be billed at the beginning of the Subscription membership or at the end of free trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription(s) or the Subscription(s) is otherwise suspended or discontinued
pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription(s), You need to visit the “My Account >> Premium Subscription” section on Your profile page. On cancellation of a Subscription(s) You will be notified by Neebal.
Neebal will be automatically billing as per Your Payment Method for each Subscription period on a monthly basis. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed. Further, on changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro rata basis) for the new Subscription plan selected and would be billed as per the new Subscription plan from the next billing / renewal cycle. Neebal will notify you in advance of the change in the Subscription Fee payable. The new Subscription will be effective from the date on which you select such a plan and make appropriate payments as necessary.
In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Neebal will give You an advance notice of these changes.
The Subscription Fees specified for each Subscription plan are exclusive of applicable taxes. The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been availed by You or not.
Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.
You also understand and acknowledge that Neebal only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider.
You are responsible for the accuracy and authenticity of the payment information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that Neebal shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can access the status of Your Subscription anytime through the “My Account >> Premium Subscription” section on Your profile page.
You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal. Upon payment through any of the Payment Methods and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in the “MY Account >>Premium Subscription” section which can be downloaded by You in pdf format.
Upon payment being received by Neebal through any of the Payment Method, Neebal shall make the relevant Subscription available to You through any of the approved modes of delivery that Neebal adopts.
It is hereby clarified that the Subscription(s) offered to You are offered by Neebal and not by any third party including any payment gateway service providers.
Neebal reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site/application and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments. Neebal reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Neebal does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.
Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your “My Account >> Premium Subscription” page.
Access and Use of the Services
Limited use:
You are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable permission to view the Site and avail the Service during the subsistence of Your Account with Neebal for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.
By accessing or using the Services:
You confirm and warrant that all the data and information You supply to Neebal and or any Neebal’s affiliates (“Registration Data “) is accurate in all respects. You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times. Neebal may temporarily suspend your access to the whole or any part of the Services, where Neebal in its discretion considers that it is reasonably necessary. Where possible, Neebal will give You as much notice of any interruption of access to the Services as is reasonably practicable. Neebal will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree that Neebal shall be under no liability whatsoever to You in the event of non-availability of the Site/application or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the
control of Neebal.
You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
You agree that Neebal and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by Neebal, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
You agree that third parties and/or its affiliates or licensors own and/or retain all rights to the Third Party Content. The Third Party Content is protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
Except as provided in these Terms (or otherwise expressly provided by Neebal), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
– Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Services;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Neebal’s servers, networks or accounts;
– Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
– Delete or revise any information provided by or pertaining to any other user of the Services.
Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If You do so, You acknowledge You will have caused substantial harm to Neebal, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Neebal may have against You in law or equity;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Neebal’s prior written consent;
– Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by Neebal;
– Access the Site/application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices but not caches or archives of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
– Use the Services to advertise or promote competing services;
– Use the Services in a manner inconsistent with any and all applicable law;
– Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner’s website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify Neebal if you become aware of any confidentiality breach or unauthorized use of your user account..
You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Neebal’s/ or its licensors / or third party copyright, trademark design, patent, and other intellectual property including any rights of Neebal or its licensors or any third party subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever. You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever. You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further making available the Content provided on the Site/application to any other person(s), or in any manner communicate such Content to the public.
In case the Site allows You to download or view any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Neebal or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. Neebal shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.
Termination of Service
Neebal reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Neebal so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason.
You hereby agree and consent to the above and agree and acknowledge that Neebal can, at its sole discretion, exercise its right in relation to any or all of the above, and that Neebal, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that Neebal shall not refund any amounts that you may have paid to access and/or use the Services.
User Reviews, Comments and Other Material
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) only reviews or comments on the Site (collectively, “User Material”). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.
You agree that Neebal shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Neebal may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Neebal reserves the right to investigate and take appropriate legal action against anyone who, in Neebal’s sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that: belongs to another person and to which the Participant does not have any right to; is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; depicts women in an inappropriate or derogatory manner; is harmful to children; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false and misleading in nature but may reasonably be perceived as a fact; impersonates another person; threatens the unity, integrity, defense, 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 any other nation. The Participant also represents and warrants that the posting of his / her Social Posts does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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, or to incite hatred against any community; You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.
In no event does Neebal assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Neebal with respect to such User Material.
This Site/application may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Neebal, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction apply with respect to the contents of this Site/application.
Linked Destinations
Part of this Site/Service contains links to third party sites and third-party content. You agree and acknowledge that Neebal does not endorse or sponsor such third-party sites, content, advertising or other material on such third-party sites.
If Neebal provides links or pointers to other websites or destinations, You should not infer or assume that Neebal operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Neebal will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination. Neebal is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Neebal. By using the Services, You acknowledge and agree that Neebal is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.
Advertising
Neebal expressly disclaims any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third-party sites. Neebal takes no responsibility for advertisements or any third-party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Neebal is not liable for any loss or claim that You may have against an advertiser.
Third Party Content
For Third Party Content, Neebal’s role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of Neebal’s hosting services, without any intervention from Neebal in the uploading / transmission process. Neebal’s role is that of an intermediary as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, Neebal has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law. Neebal does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content.
Neebal does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, Neebal does not have actual or specific knowledge of any Third Party Content on the Site. However, Neebal at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if Neebal determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. Neebal, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute Neebal’s position as an intermediary or impose any liability on Neebal with respect to Third Party Content.
Neebal will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site/application and public good. However, Neebal is not under any obligation to act on any such communications, requests and suggestions or respond to anyone. Neebal’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, Neebal is under no legal obligation to respond to or act on such requests. Neebal will take such action as Neebal is required to take under applicable law. If there is any valid court order or administrative order issued requiring Neebal to take any action, then Neebal will comply with such court order or administrative order.
Support
- Site or Services
If You have any questions with respect to the Site and/or Services and/or Content, then such correspondence should be directed to Neebal Technologies Private Limited at support@khaaddealer.com
- Grievances
For any Neebal Content and Partner Content related concerns, complaints or grievances, please submit them to the grievance officer in the format set out below:
Name: Sagar Doshi
Email Address: support@khaaddealer.com
Format:
Name of complainant:
User login ID of the complainant (please DO NOT share password):
Title of the content:
Nature of grievance (please select / provide, as applicable)
Content Classification
Display of Classification
Content Theme
Timestamps for the content in respect of which this grievance is being filed: [00 minute] [00 minute], if applicable
Provisions of the Rules you believe are violated (to the extent possible):
Details of other proceedings initiated (if any): Have you initiated any proceedings in relation to the grievance, which have not been mentioned above? If so, please provide details along with a copy of the complaint, replies, orders passed, if any.
( Guidance : In your grievance, to the extent possible, please indicate provisions of the relevant Rules invoked, title / name of content (if any), time-stamp details of content (i.e., specific time(s), where the scene(s) appears / appear in the content (if any) and any other information or details that you deem necessary.)
Do note – In the absence of complete information/details being provided, we will not be able to address any issues you may raise. You would need to respond within 72 hours of a request from us for additional details/information in order to act on your claim, failing which the grievance will be deemed dismissed. The prescribed timeline of 15 days will commence from the date of complete details/information received on the correct email ID.
For any concerns, complaints or grievances in relation to the Site or Service, please contact the following grievance officer who will examine the complaint and take appropriate next steps.
Name: Shivam Gupta
Email Address: support@khaddealer.com
You would be required to furnish relevant details pertaining to your concern, complaint or grievance, specifically including your user login ID.
- User Material
If You have any complaints relating to any third party User Material uploaded on the Site, then please contact support@khaaddealer.com
Your email, which must bear Your digital signature or a signed written complaint, should include the following information:
Details of the objectionable user material or content;
Details of the Basis of the objection;
What relief is being requested;
All other relevant information required by Neebal to assess the complaint. Neebal shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Neebal’s responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and Neebal shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.
Disclaimer of Warranties
You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, User Material and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties or guarantees of any kind, either express or implied. Without limiting the foregoing, Neebal does not make any warranties or guarantees of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
Limitation of Liability
IN NO CASE SHALL NEEBAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. NEEBAL’S SHALL HAVE NO MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE.
Indemnity
You agree to defend, indemnify and hold harmless Neebal, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
(i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
Governing Law and Jurisdiction
The relationship between You and Neebal shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Neebal has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.
Severability
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
Changes
Neebal reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Revised Terms”) will be posted on the Site/application and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.