Terms and Conditions for inCars

Updated On: 16 February, 2024

Welcome to inCars ("We" or "Us" or "Our”), are specialized platform dedicated to serving the used car market ecosystem – buyers, sellers and Online Marketplaces (as defined under Section 5 titled Definitions).

  1. . Our mission

    1. Our mission is to be a one stop solution for searching used cars available for sale across multiple Online Marketplaces and benefit all stakeholders of this ecosystem. We aim to become the primary search engine for used cars.
      1. Buyers: Currently Buyers face the challenge of seeking information across numerous dispersed Online Marketplaces. Often similarly placed or the same cars are offered at varying price points across different Online Marketplaces. We want to empower Buyers by providing easy access to a single interface with a clear comparison of used cars, their pricing, deals and offers available across Online Marketplaces and help Buyers make informed and speedy decisions.
      2. For Sellers & Online Marketplaces: We want to provide increased visibility to Sellers and Online Marketplaces and give them access to a bigger market. We also want Sellers to benefit from better pricing benchmarks, allowing them to get the most competitive pricing for their used cars.
      3. For Used Car Market: We want to enable fair and healthy competition in an otherwise dispersed market, through transparent comparative listing sourced from Online Marketplaces under one single interface. Our aim is to become an enabler and catalyst for the growth of the entire sector.
  2. . Who we are not

    We are not an Online Marketplace. We do not buy, sell or facilitate buying or selling of cars. We help users view and compare available options on Online Marketplaces. We are like a search engine enabling users to search used cars as per their preferences and requirements across major Online Marketplaces. When users want to buy, they proceed to the Online Marketplaces where such deals are available. Note that we are neither affiliated to nor do not earn any commission or fee from the Online Marketplaces. We do not promote one Online Marketplace over the other. We are neutral facilitators. However, we remain open to partnerships (contact here) with Online Marketplaces to better serve the needs of Buyers and Sellers.

  3. . Terms and conditions

    1. These terms and conditions for inCars, together with our privacy policy (collectively, the “Terms and Conditions”), outline the rules for using inCars and our Services. By accessing and using inCars, You (“User” or “your”) acknowledge and agree to adhere to these Terms and Conditions.
    2. If You are entering into or accepting these terms on behalf of a legal entity, you represent and warrant that you have the right, authority, and capacity to bind such entity and its Affiliates to these terms, in which case, the term “You”, or “User” shall refer to such entity and its Affiliates. If You do not have such authority, or if You do not agree to be bound by all of the provisions of these Terms and Conditions, please do not access or use inCars or its Services.
  4. . Overview

    1. inCars and Services are owned and provided by Finopsys Solutions Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at B-1/H3, Mohan Co-Operative Industrial Area, Mathura Road, Block B, South East Delhi, Delhi, 110044, India (“Finopsys”). These Terms and Conditions are agreed by You with Finopsys acting for itself and on behalf of its Affiliates to the extent the Affiliate is providing any Services to You.
    2. inCars provides services (“Services”) through an online platform www.incars.cominCars”, that allows Users to browse, compare, and access information related to used cars listed on Online Marketplaces. inCars is brought to You by Finopsys for enabling used car searches, aggregation, comparison, price discovery of listed used cars on various Online Marketplaces. It also provides you visibility and access to information listed on Online Marketplaces, including but not restricted to, offers / discounts / deals by third parties, etc and other services in used car market. These Terms and Conditions govern use of inCars, its services, and features, whether You access it through our website or mobile applications
  5. . Definitions

    1. Affiliate” means with respect to a party, any entity which (i) is controlled by, (ii) controls, or (iii) is under common control with such party, where the term “control” means the ownership, directly or indirectly, of more than fifty percent (50%) of the shares entitled to vote for the election of directors.
    2. Buyers” shall mean Users of inCars who are accessing or using inCars for the purposes of buying a used car.
    3. Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed, uploaded or downloaded on or through inCars. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a User. A "Feature" may include any interactive, value addition service or other additional feature including without comparison, recommendation etc., which are introduced or available on inCars.
    4. inCars Intellectual Property Rights” shall mean Intellectual Property Rights relating to inCars and Services.
    5. Intellectual Property Rights” shall mean patent rights (including, without limitation, patent applications and disclosures), copyrights (including copyrights in computer software), trademarks or business names, design rights, database rights, know-how, trade secrets, rights of confidence, moral rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.
    6. Online Marketplace(s)” shall mean third party digital platforms where used cars are listed for sale.
    7. User Personal Data” shall mean any data about a User who is identifiable by or in relation to such data.
    8. Services” shall mean services provided by Finopsys and its Affiliates through inCars including the platform inCars.
    9. Sellers” shall mean the sellers of used cars across any digital medium.
    10. Third Party Platforms Content” shall mean any data or content displayed on inCars which is sourced from Third Platforms.
    11. Third Party Platforms” shall mean Sellers and Online Marketplaces, collectively.
    12. Used Car Products” shall mean services and offerings of Third Party Platforms that User can access through inCars, such as car listings, car inspection, car service or repair packages, car enhancement offerings, or car insurance, etc.
    13. User Content” shall mean any information, images, video, or other data which as User posts, uploads, transmits or otherwise makes available with inCars or other inCars Users.
  6. . Applicable Laws and Rules

    1. This Terms and Conditions document is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These Terms and Conditions document does not require any physical, electronic or digital signature.
    2. This Terms and Conditions document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of a website.
    3. Please carefully read these Terms and Conditions. By using or accessing inCars, You agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, please do not access or use inCars or its Services.
  7. . Eligibility and User Acknowledgement

    1. By using inCars, You represent and warrant that You are at least 18 years of age or the legal age of majority in Your jurisdiction, and that You have the legal authority to bind any entity You represent to these Terms and Conditions. You agree to comply with all applicable laws and regulations, and You may not use inCars if such use is prohibited in Your jurisdiction. You must provide accurate and up-to-date information during the registration process and maintain the confidentiality of Your account credentials.
    2. You are not a person barred from accessing or receiving Services from inCars under the laws of Your country or other applicable jurisdictions, and You have the right and authority to enter into these Terms and Conditions without violating any other agreements. You have not been previously suspended or removed from inCars unless inCars has explicitly reinstated Your use. Failure to meet these eligibility criteria may result in the immediate termination of Your access to inCars. InCars reserves the right to request verification of Your eligibility at any time.
    3. By using inCars, You agree to receive communications and notices from inCars electronically. These communications may include legal notices, privacy policy updates, and other information relevant to Your use of the platform. We will make our best effort to send these communications through the contact information You provide, but in the event You have not provided a valid email address or contact information, You agree to accept electronic communications through notifications within the inCars platform or through other means available within the platform.
    4. You acknowledge that while You have the option to manage Your communication preferences, including receiving promotional emails, SMS, messages on encrypted messaging apps, and push notifications, inCars will continue to send transactional emails, SMS messages, or WhatsApp messages nevertheless. Transactional messages are essential for the operation of services and include but are not limited to order confirmations, account updates, password resets, and important service-related information.
    5. You acknowledge that electronic communication or information available within the domain, satisfies any legal requirement that such communication be in writing.
  8. . Your Account

    1. User access to inCars is available on the platform / website/mobile application, allowing You to explore its offerings and content as a guest User without necessitating registration. This means You can research and compare the various products available on the website at Your convenience. While certain features and information are readily accessible to guest Users, there are limitations to these Services, as not all features or functionalities are accessible until You complete the registration process, create an account on inCars and provide specific information for the purposes of registration and using Services across inCars.
    2. To unlock the full spectrum of Services not accessible to guest Users, You must complete the registration process, which entails providing details such as Your name, contact information, and email address ("Your Information"). Once this registration process is successfully completed, inCars will establish an account for You ("Your Account"). Logging into the platform is done by using the OTP received on Your registered mobile number. Subject to Your adherence to the account creation guidelines and any other relevant laws and regulations, inCars will formally recognize You as a registered User (Registered User). As a Registered User, You can log in to Your Account, access the Services offered, and explore additional features and information not available to guest Users.
    3. Creating an inCars account is Your gateway to our Services. To register for an inCars account, You must provide accurate, current, and complete information during the registration process, which may include Your name, email address, phone number and other details as required. You agree to keep this information up to date and accurate throughout Your use of inCars. You are responsible for maintaining the confidentiality of Your account credentials and should refrain from sharing it with anyone during each login process. You may only create an account for Yourself, and it is prohibited to use someone else's account without their explicit permission. inCars reserves the right to refuse registration or terminate accounts for any reason.
    4. By using or accessing inCars' website and services as a User, You acknowledge and agree that it is Your sole responsibility to maintain the confidentiality of Your Account details and refrain from disclosing them to any other individuals. You further understand that any activities conducted under Your Account are entirely Your responsibility. When You provide Your Information during the registration or account creation process, You commit to supplying accurate, truthful, current, and non-fictitious details. You must not misrepresent yourself or use another person's information or account.
    5. Your inCars account is Your responsibility, and You must take all necessary precautions to keep it secure. You agree not to share Your login credentials with others or allow someone else to use Your account. Any actions taken from Your account are Your responsibility, whether they are authorized by You or not. You must notify inCars immediately if You suspect any unauthorized use of Your account. You are solely responsible for maintaining the confidentiality and security of Your account and for all activities that occur on or through Your account. Moreover, it's essential to acknowledge that the collection, storage, sharing, or disclosure of Your Information, is subject to the privacy policy of inCars.
    6. inCars prohibits the creation of accounts under false pretence or impersonation. You may not use inCars if You have been previously banned or suspended by us. Furthermore, Your account may not be transferred, sold, or assigned to another party. It is essential to use Your account for lawful purposes only and not engage in any fraudulent or illegal activities on our platform. Maintaining more than one account for yourself is not allowed, as it can create confusion and disrupt the fairness of our platform. Transferring or selling Your inCars account to another party is also prohibited.
    7. inCars reserves the right to suspend or terminate Your account at our discretion if You violate these Terms and Conditions or engage in any prohibited activities. inCars reserves the right to suspend, delete, limit, or deny access to the website or its services at any time if it is discovered that Your Information is false, inaccurate, outdated, or pertains to another User's account. We also retain the right to reclaim usernames on behalf of businesses or individuals that hold legal claim to those usernames. You must use Your account responsibly, in compliance with these Terms and Conditions and applicable laws.
  9. . Use of Services

    1. inCars platform is currently made available to You for Your personal, non-commercial use, free of charge. inCars also offers premium benefits based on creation of an account. However, We do not guarantee that access to the Services, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice to You.
    2. You must not misuse inCars by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attack inCars via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use inCars will cease immediately.
    3. Your use of inCars is guided by certain guidelines and limitations that must be followed diligently. To ensure a positive experience for all our Users, inCars operates with specific guidelines and limitations.
    4. Use inCars ethically and legally. Any misuse, abuse, or illegal activities are strictly prohibited. Irresponsible or unethical use can lead to actions on Your account to maintain platform integrity. inCars strictly prohibits content that is illegal, offensive, discriminatory, or harmful. This includes defamatory, obscene, fraudulent, or violent content. Engaging in spam, phishing, or any deceptive activities is not allowed.
    5. By using inCars, You agree to abide by these guidelines and limitations. Failure to do so may result in the suspension or termination of Your account, or other actions necessary to maintain the integrity of our platform. We reserve the right to make changes to these guidelines, and it is Your responsibility to review and adhere to them while using InCars.
  10. . Information, Forecasts, Transactions & Purchases

    1. inCars provides a platform that enables users to explore car listings on Online Marketplaces under a single interface and engage in transactions related to the purchase, sale, or exchange of vehicles listed by Sellers on Online Marketplaces. We are not responsible for the for the accuracy and completeness of the information provided in listings by the Third Party Platforms. inCars does not guarantee the accuracy, quality, legality, or availability of the listed vehicles. It is essential for both Buyers and Sellers to carefully review the details of each listing, conduct necessary inspections, and verify the legitimacy of the transaction.
    2. inCars is a used cars search engine. inCars does not provide, own or control any of the Used Car Products. The Used Car Products are owned, controlled or made available by Third Party Platforms. Third Party Platforms are responsible for the Used Car Products. Online Marketplaces terms and privacy policies apply to any transaction You do in relation to a User Car Product such Third Party Platform is offering, so You must agree to and understand those terms. Furthermore, the terms of the Seller or any service provider listed on Online Marketplaces may also apply to Your transaction, so You must also agree to and understand those terms. Your interaction with any Third Party Platforms accessed through inCars is at your own risk; inCars does not bear any responsibility should anything go wrong with Your interaction or transaction with a Third Party Platform.
    3. inCars may provide you with pricing information if you choose to sign up to price alerts. Our pricing forecasts and statistics are the best guess that we can provide at any given time based on the data that we hold that relates to past trends. There is no guarantee that our forecasts will be correct, since pricing and availability depends on Third Party Platforms, as explained above. While you may choose to rely on our forecasts, we do not and cannot guarantee their accuracy and accept no liability for any inaccuracy or unavailability of indicative prices.
    4. The display on inCars of a Used Car Product or Online Marketplaces does not in any way imply, suggest, or constitute a recommendation by inCars of that Used Car Product or Online Marketplaces, or any sponsorship or approval of inCars of such Used Car Products or Online Marketplaces or any affiliation between such Online Marketplaces and inCars.
    5. inCars facilitates car comparisons and shortlisting. Interactions with Online Marketplaces or Sellers are Your responsibility. inCars doesn't assume liability for these external interactions or transactions. You're accountable for Your actions on inCars and Online Marketplaces. inCars does not process payments for vehicle transactions. Payment arrangements are made between the Buyer and Seller, either directly or as facilitated by the relevant Online Marketplace. All local, state, national, and international laws and regulations governing the sale and purchase of vehicles would apply. inCars disclaims any liability for transactions made between the Buyers and Sellers.
    6. inCars hosts content, including prices, made available by or obtained from Online Marketplaces. inCars is in no way responsible for the accuracy, timeliness or completeness of such content. Since inCars has no control over the Used Car Products and does not verify the content uploaded by Third Party Platforms, it is not possible for us to guarantee the prices displayed on inCars. Prices change constantly and additional charges (e.g., payment fees, services charges, inspection fees, convenience fees, local taxes and fees) may apply, so You should always check whether the price asked for a listing is the one you expected. Some Used Car Products may also be sold in another currency on Online Marketplaces than the one preset or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and Your payment provider (e.g., your credit card company) may charge conversion fees and apply another date's currency rate.
    7. If inCars adopts a revenue model that involves fees or commissions for specific platform transactions in the future, these fees will be transparently presented during the transaction process. By participating in such transactions on inCars at a later date, users consent to the payment of any relevant fees as specified. inCars retains the authority to discontinue or temporarily suspend subscriptions and/or User accounts that breach these Terms and Conditions or the platform's policies. These measures are subject to inCars' discretion and aim to preserve the platform's integrity and safeguard the interests of its Users.
  11. . Removal of User Data

    1. inCars reserves the right to remove a User's listing from inCars without prior notice if it is found to be in violation of these Terms and Conditions or any applicable laws. Such violations may include but are not limited to inaccurate or misleading information, fraudulent activity, or non-compliance with the guidelines and policies outlined on the platform.
    2. The removal of a Used Car Product or User data will be subject to inCars' privacy policy . Users are encouraged to review the privacy policy to understand how their data is handled during the removal process. By using inCars, You agree to abide by the listing removal procedures and policies outlined in this section. Users understand and acknowledge that the removal of a listing is subject to the review and discretion of the inCars team, and any decisions made by inCars in this regard are final.
  12. . “Get in Touch with Us” Page

    1. Our "Get In Touch With Us" page is designed to offer You a convenient and efficient way to reach out to us whenever You have inquiries, feedback, or concerns. At inCars, we value Your communication and strive to provide the best possible support. Whether You have questions about our services, need assistance with Your account, or want to report an issue, You can submit Your information, along with Your query or feedback, through the designated space on our "Get in Touch With Us" page. Your submission will reach our team for review, scrutiny, and further response.
    2. We aim to respond to Your queries in a timely manner. However, it is important to note that while we make every effort to address all inquiries, we may not be able to respond to every query due to a variety of factors.
    3. Additionally, there may be circumstances in which we need to use Your provided information on the “Get In Touch With Us” Page, to contact You for reasons other than the original query You submitted. Rest assured that any such contact will be conducted with the utmost respect for Your privacy and security. This may include communication regarding new features, services offered, or modifications in our platform. Please note that such outreach is entirely at our discretion, aimed at keeping You informed and enhancing Your overall experience with inCars.
    4. Your feedback is essential in helping us improve our platform continually, and we encourage You to utilize the “Get in Touch with Us" page to share Your thoughts, suggestions, and concerns. Your valuable input contributes to making inCars an even better resource for all Your used car-buying needs.
  13. . User Content

    1. Presently, Users do not have the capability to upload content, comment, or engage in discussions on the inCars platform. However, in the event of a future development that permits users to post their content on the inCars platform, the subsequent Terms and Conditions may become applicable. In any case, if User-generated content becomes accessible on the inCars platform, it will be referred to as "User Content." This section provides a comprehensive outline of the terms and conditions governing the use of User Content.
    2. In the realm of User content, inCars may introduce a feature that allows website users to upload, post, or share various forms of content, encompassing data, information, messages, files, photos, articles, feedback, or a combination thereof, collectively referred to as User Content. It's important to note that some of these tools may be administered by third parties. Your utilization of these tools will be subject not only to the terms outlined in these Terms and Conditions but also to the policies of the third-party providers. The features will be offered as a matter of convenience, providing You with a platform to express Your opinions and insights regarding products and services available on the website.
    3. As the creator of User Content, You assume full responsibility for the content You upload, post, publish, transmit, or otherwise share on inCars. You assert that You have obtained all necessary consents and permissions to post any User Content and that all such content complies with applicable laws. You acknowledge and agree that any User Content posted or transmitted via our website reflects the views of the author and not those of inCars. Furthermore, You understand that Your use of, or reliance on, such content is at Your own discretion.
    4. To the extent that our Services allow you User Content, You agree that:
      1. You are solely responsible for User Content that You upload and You represent and agree that You will not share anything which You do not have the permission or right to share or for which You cannot grant the licence in paragraph 11.4.2 below;
      2. Although all Intellectual Property Rights subsisting in any User Content will be owned by You or Your licensors and You are always free to share your User Content with anyone else, you hereby grant inCars and its Affiliates a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically and otherwise, publicly display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (in accordance with our privacy policy) including for the purposes of advertising and marketing our Services and inCars. For example, we may make User Content available to our business partners or other Affiliates to display on their own sites. You are in control of the User Content You upload on inCars and can terminate this licence any time by either deleting the User Content or your inCars account. Deleted User Content will be removed as per our privacy policy.
      3. We are under no obligation to store, retain, publish or make available any User Content uploaded by You and that You shall be responsible for creating backups of Your own User Content.
      4. If You provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), You hereby irrevocably assign ownership of all Intellectual Property Rights subsisting in that Feedback to Us and acknowledge that We can use and share such Feedback for any purpose at our discretion.
    5. It is essential to recognize that inCars does not endorse or take responsibility for any User Content on the platform. In the event that User Content violates or infringes upon any third-party rights, such as patents, trademarks, trade secrets, copyrights, or privacy rights, or if it contravenes any applicable laws, inCars reserves the sole discretion to remove or disable access to the User Content, in whole or in part, without prior notice to the User.
    6. Regarding the assignment of User Content, You hereby grant inCars a perpetual, non-revocable, worldwide, royalty-free, and sub-licensable right and license to utilize, copy, distribute, display, publish, transmit, make available, reproduce, modify, and adapt the User Content, and to create derivative works from it. You confirm and warrant that You possess all the rights to the User Content that You post on the website or provide through it. Moreover, You declare that, at the time of posting or submitting the User Content on the website: (i) the content is accurate; (ii) the use of the User Content complies with these Terms and Conditions; and (iii) the User Content adheres to all applicable legal requirements.
    7. inCars maintains the right, though not an obligation, to scrutinize Content, User Content, Features, and any other material or information provided by users on the Website. If inCars, at its sole discretion, finds that any such material infringes upon current laws, the spirit of this Agreement, or violates individuals' privacy, inCars may, without prior notice, choose to edit, block, or remove the material. Although inCars does not pre-screen User Content, it and its designees have the discretion to accept, refuse, move, or delete any Content available on the Website.
  14. . Data Ownership and Attribution

    1. Data ownership and attribution are fundamental principles in the digital world, especially in the context of an aggregator platform like inCars. This section delves into the ownership, attribution, and copyright of data and content on inCars, elucidating how these principles shape the platform's operations and User responsibilities.
    2. inCars provides a platform that aggregates data and content from Third Party Platforms, facilitating efficient car comparisons. The ownership, attribution, and Intellectual Property related to content on inCars is significant to You as its User and to Third Party Platforms. inCars does not claim ownership of the Third Party Platforms Content we display on our platform. inCars acts as an aggregator and merely presents this information to Users for comparison and convenience.
    3. inCars values intellectual property rights. All Third Party Platforms Content, is duly attributed to the original sources. inCars respects and acknowledges the Intellectual Property Rights of others.
    4. Except as set out elsewhere in these Terms and Conditions, all Intellectual Property Rights in our Services and inCars (together, the Incars Intellectual Property Rights) are owned by or licensed to Finopsys. You acknowledge that by using the Services or inCars, you will not acquire any right, title or interest in or to them except for the limited licence to use them granted to you by these Terms and Conditions. You also acknowledge that You have no right to have access to any of the Services or inCars in source-code form unless it is released under a license specifically permitting such access. These elements are subject to our ownership and protection. It's important to use the data and content presented on inCars responsibly and in compliance with intellectual property laws.
    5. We are committed to the responsible use of data and content. The compilation of data and content presented on inCars is carried out in a unique and differentiated manner to avoid any confusion with the Online Marketplaces. We aim to provide a user-friendly interface for car comparisons without replicating or infringing upon the UI and UX of Online Marketplaces. We are committed to transparency regarding the source of data and content on inCars. This transparency is essential to establish trust among our users, partners, and data providers.
  15. . Privacy Policy

    We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any Personal Data which you submit to or via our Services or inCars may be used by us in accordance with our privacy policy . You agree to ensure that all Personal Data you provide to us is accurate and up to date and that you have all consents, licenses or approvals necessary to allow us to use that information in accordance with these Terms and Conditions, and our privacy policy .

  16. . inCars AI

    1. inCars employs advanced Artificial Intelligence (AI) technologies to enhance Your experience and deliver the best services possible. Our AI systems are designed to analyse data, User behaviour, and preferences to provide personalized recommendations, streamline search results, and improve overall User satisfaction. While inCars AI plays a vital role in optimizing Your experience, it's essential to understand that it operates based on available data and User interactions. This means that the accuracy and effectiveness of AI-driven features are contingent on the data we collect and Your engagement with the platform.
    2. inCars AI utilizes the data You provide during registration and usage to make informed recommendations. The AI system may consider factors such as Your search history, preferences, and interactions with the platform to suggest relevant car listings, deals, and other content. By using inCars, You consent to the use of Your data by our AI systems for these purposes. You can learn more about the data we collect and how it's used by reviewing our privacy policy .
    3. Please note that AI-generated recommendations, including car listings, are based on data and algorithms. inCars or inCars AI cannot guarantee the accuracy, availability, or suitability of the recommended listings. Users are encouraged to review and verify the information provided, as well as exercise due diligence when making decisions based on AI-generated content. inCars or inCars AI assumes no liability for any actions taken or decisions made solely based on AI recommendations. We advise users to cross-reference information and consult with relevant parties, such as car sellers or other trusted sources, before finalizing any transactions.
    4. While inCars AI enhances the platform's capabilities, Users are expected to use the Services responsibly. Any misuse or attempt to manipulate AI-generated content, including fraudulent interactions, may lead to account suspension or termination, as detailed in these Terms and Conditions. inCars retains the right to modify AI features and their functioning, as well as how AI systems utilize User data, to ensure the best possible experience for all users. Any significant changes to AI functionality will be communicated through platform updates and, where necessary, updated Terms and Conditions.
  17. . Third-party Content

    1. inCars' website will include hyperlinks to websites operated by parties other than Finopsys, as well as third-party information, such as product descriptions, catalogues, dealer details, news, videos, photographs, and other data provided by third parties (referred to as "Third-Party Platform Content"). The Third-Party Platform Content is intended for general informational purposes.
    2. While inCars makes reasonable efforts to ensure the accuracy of the information provided on our website, we do not exercise control over Third-Party Platform Content and, therefore, cannot be held responsible for any losses or damages resulting from the use of such content. Though inCars may suggest or recommend a used car, it doesn’t mean endorsement or guarantee in any form. inCars may contain information and content provided by third parties. We do not control or endorse this content and are not responsible for its accuracy or reliability.
    3. The inclusion of Third-Party Platform Content on our website does not imply endorsement or certification by inCars, nor does it indicate any association with the operators of those websites. inCars, its affiliates, associates, and employees do not make judgments or warranties regarding the authenticity or accuracy of Third-Party Platform Content on these other services or sites to which links are provided.
    4. A link to another service or website does not constitute an endorsement of any products or services available on that site or inCars. Users are solely responsible for any consequences that arise from their use of such Third-Party Platform Content or hyperlinks to other websites.
  18. . Disclaimer & Indemnification

    1. inCars is committed to providing a reliable and secure platform for users, but it is important to understand the limitations and responsibilities. By accessing and using inCars and our Services, You expressly acknowledge and agree to the contents of these Terms and Conditions and specifically of that of this Disclaimer.
    2. inCars, Finopsys and its affiliates provide the platform and services on an "as-is" and "as available" basis. We do not make any express or implied warranties about the accuracy, completeness, reliability, or suitability of inCars for a particular purpose. inCars does not endorse or guarantee the quality, safety, or legality of the vehicles, services, information, or any other content on our platform. Users are responsible for making their own assessments and decisions.
    3. Users acknowledge that they use inCars at their own risk and are solely responsible for their interactions and transactions. inCars is not responsible for any damages or harm that may result from using our platform. inCars does its best to ensure the accuracy and reliability of the information on the platform. However, we do not guarantee the correctness, accuracy, or completeness of the content. Users should independently verify any information obtained through inCars. inCars may direct users to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these third-party services.
    4. Users agree to indemnify, defend, and hold InCars, its affiliates, and its personnel harmless from any claims, liabilities, costs, and expenses arising from violations of these Terms and Conditions, misuse of inCars or Services, violations of any laws or rights of third parties, etc.
  19. . Limitation of Liability

    inCars and its affiliates shall not be liable for any indirect, consequential, special, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. Even considering the fullest extent permitted by applicable laws, our total liability in connection with Your use of inCars, including in connection with any dispute, shall be nothing, owing to the nature of the Business and absence of financial transactions on our platform. Users acknowledge that these limitations and exclusions of liability are essential elements of these Terms and Conditions and that they represent a fair allocation of risk between the parties.

  20. . Changes to Terms and Conditions

    1. inCars reserves the right to modify, amend, or update these Terms and Conditions at any time. We may do so for various reasons, including legal and regulatory changes, improvements to our services, or to address emerging issues. When we make changes, we will update the "Last Updated" date at the top of this page. Changes will be effective immediately upon posting, unless a different effective date is specified.
    2. Users are encouraged to review these Terms and Conditions periodically to stay informed about any modifications. By continuing to use the inCars platform after changes have been made, You agree to the revised Terms and Conditions. If You do not agree with the updated terms, Your only recourse is to discontinue using InCars.
    3. In the event of significant changes that we believe may have a substantial impact on Your rights or obligations, we will make reasonable efforts to notify users of such changes. However, it remains Your responsibility to review and understand these Terms and Conditions regularly.
    4. InCars may also introduce new services or features that will be governed by these Terms and Conditions unless specified otherwise. In the case of any inconsistencies between such new services or features and these Terms and Conditions, the specific terms for those services or features will prevail.
  21. . Termination of Account

    1. inCars reserves the right to terminate or suspend User accounts under specific circumstances. Users are expected to adhere to these Terms and Conditions and policies of inCars. The termination of an account may occur for various reasons, including but not limited to:
      1. Breach of these Terms and Conditions: Users who violate any of the provisions outlined in these Terms and Conditions may have their accounts terminated. This includes but is not limited to violations related to fraudulent activities, misrepresentation, harassment, or any form of illegal conduct on the platform.
      2. Non-Compliance with Legal Requirements: inCars operates under applicable laws and regulations. Accounts may be terminated if users are found to be in violation of local, state, national, or international laws in the context of their activities on the platform.
      3. Misuse of the Services Users found to be misusing the inCars platform in a manner detrimental to other users or the platform's integrity may face account termination. Such misuse includes the dissemination of harmful content, spam, or any other disruptive activities.
      4. Multiple Account Violation: Creating or using multiple accounts without proper authorization is prohibited. Users found to be in violation of this policy may have their accounts terminated.
      5. Inappropriate Behaviour: inCars expects all users to engage respectfully and professionally on the platform. Inappropriate behaviour, such as harassment, hate speech, or other forms of misconduct, may result in account termination.
      6. Inactivity: inCars may deactivate or terminate accounts that remain inactive for an extended period. Users will be notified about the inactivity, and if no activity is recorded within the specified timeframe, the account may be deactivated.
      7. User Request: Users have the option to request the termination of their accounts. Upon receiving a request for account termination, inCars will proceed to deactivate the account as per the User's request.
    2. When an account is terminated, users may lose access to certain features, data, or content associated with their account. Users are advised to retrieve any essential information or content from their accounts before requesting or initiating the termination process. Users who believe their account was wrongly terminated may contact InCars through the designated support channels. inCars will review the appeal and may reinstate the account if it is determined that the termination was unjust. Users are encouraged to provide relevant information to support their appeal.
    3. Upon termination, users are required to cease any further use of the inCars platform. inCars retains the right to enforce its policies and procedures for account terminations and may update or modify them as necessary.
  22. . Arbitration

    1. This Agreement and all the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. Any disputes arising under this Agreement between You and inCars shall be exclusively subject to the jurisdiction of courts in Delhi, India.
    2. Both You and inCars agree that any disputes or claims, whether currently in existence or arising in the future, related in any manner to this Agreement or previous versions of it, or any other documents incorporated by reference, as well as Your utilization of or access to inCars' Services, or any products or Services transacted through inCars, shall be referred to a sole arbitrator. The arbitrator will be an independent and impartial third party appointed by inCars.
    3. The place of arbitration will be in New Delhi, India, and the arbitration proceedings will be conducted in the English language. The arbitration process will be governed by the Arbitration & Conciliation Act, 1996, as amended from time to time.
    4. If a party intends to initiate arbitration, they must first send a completed Notice of Dispute ("Notice") via certified mail to the other party. The Notice addressed to inCars or Finopsys should be sent to the address specified in the Miscellaneous Section.
  23. . Miscellaneous

    1. Unless explicitly stated otherwise, all notices should be delivered via postal mail or email to:
      Finopsys Solutions Private Limited,
      Address: 3rd Floor, A-153, Pride Corporate Park, Sector 136, Noida, India, 201304
      Email: legal@incars.com
    2. All notices regarding these Terms and Conditions from inCars will be provided to You by email (using the contact information You provided during Registration or communication with inCars) or through a general notification on the Website.
    3. You are not allowed to assign or transfer the Agreements, or any rights or obligations granted hereunder, to any third party. Any such assignment or transfer, or any attempt at assignment or transfer, will be deemed void from the outset. In contrast, inCars retains the right to freely assign or transfer its rights and/or obligations under this Agreement to third parties without needing Your prior consent. inCars reserves the right to transfer Your Account and Account Information to a third party acquiring inCars' business conducted through the Website.
    4. Should any provision of this Agreement be considered invalid, void, or unenforceable for any reason, such a provision will be considered severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.
    5. Any failure or delay by a party to enforce or exercise any provision of the Agreement or any related right shall not constitute a waiver by that party of that provision or right. The exercise of one or more of a party's rights under these Terms and Conditions will not be construed as a waiver of, or preclude the exercise of, any other rights or remedies available to that party under these Terms and Conditions, in law, or in equity. Any waiver by a party will only be effective if made in writing and executed by a duly authorized officer of that party.
    6. You and inCars are independent contractors, and nothing in these Terms and Conditions will be interpreted to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and inCars.
    7. By accessing inCars and/or using any Services, You consent to Us and our affiliated partners (including dealers, financial institutions, etc.) communicating with You via phone calls, SMS, email communication, etc., regardless of whether Your number is registered in the National Do Not Call Registry (NDNC).
  24. . Contact Information

    If You have any questions or concerns about these Terms and Conditions, please contact us at legal@incars.com.