Terms & Conditions

1. Introduction

Welcome to The Premium Car (“The Premium Car”, “we”, “us”, “our”, “Platform” or “Company”).

The Premium Car is an online marketplace/platform that enables individuals, vehicle owners, dealers and prospective buyers to discover, list, enquire about and communicate regarding pre-owned and used vehicles.

The Premium Car primarily provides a platform for connecting buyers with sellers and dealers.

The Premium Car is not the owner, seller, dealer, manufacturer, agent, broker or financier of the vehicles listed by users unless expressly stated otherwise for a particular service.

These Terms and Conditions (“Terms”) govern your access to and use of the The Premium Car website, platform, vehicle listings, enquiry facilities, accounts and related services.

By accessing, browsing, registering on, listing a vehicle on, submitting an enquiry through, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms, you should not use the Platform.

2. Important Notice About Our Marketplace

The Premium Car is a marketplace that facilitates interaction between buyers and sellers/dealers.

We do not currently sell vehicles ourselves through the Platform.

Unless expressly stated otherwise:

• The Premium Car does not own the vehicles listed on the Platform;
• The Premium Car does not take ownership of vehicles;
• The Premium Car does not determine the final sale price;
• The Premium Car does not negotiate the sale price on behalf of a seller;
• The Premium Car does not receive vehicle purchase payments;
• The Premium Car does not provide financing for vehicle purchases;
• The Premium Car does not guarantee vehicle condition;
• The Premium Car does not guarantee ownership or title;
• The Premium Car does not guarantee that a vehicle is free from accident history, flood damage, outstanding loans, challans, legal disputes or other defects;
• The Premium Car does not guarantee that a seller will complete a transaction;
• The Premium Car does not guarantee that a buyer will purchase a vehicle; and
• The Premium Car is not a party to the sale agreement between a buyer and seller unless expressly agreed in writing.

The actual transaction is between the buyer and the seller/dealer.

3. Eligibility to Use the Platform

By using The Premium Car, you represent that:

• You are legally capable of entering into a binding agreement;
• The information you provide is accurate and not misleading;
• You will use the Platform only for lawful purposes;
• You will comply with applicable Indian laws;
• You will not misuse another person’s identity or information;
• You will not create an account using false information;
• You will not use the Platform for fraudulent purposes; and
• You will comply with these Terms and other applicable Platform policies.

If you are using the Platform on behalf of a business or dealer, you represent that you have authority to bind that business or dealer.

4. Accounts and Registration

Certain Platform features may require registration.

When creating an account, you may be required to provide information such as:

• Name;
• Mobile number;
• Email address;
• City/location;
• Dealer/business information, where applicable; and
• Other information reasonably required for operating the Platform.

You agree to provide accurate and current information.

You must not:

• Create accounts using false identities;
• Impersonate another person or business;
• Create multiple accounts for deceptive purposes;
• Use another person’s account without permission; or
• Provide misleading dealer or seller information.

You are responsible for maintaining the confidentiality of your login credentials.

If you believe your account has been accessed without authorisation, you should notify us promptly.

5. Vehicle Listings

Sellers and dealers may list vehicles subject to these Terms and any listing rules published by The Premium Car.

A listing may include:

• Vehicle make;
• Model;
• Variant;
• Manufacturing year;
• Registration year;
• Registration details;
• Fuel type;
• Transmission;
• Mileage;
• Colour;
• Location;
• Asking price;
• Vehicle photographs;
• Vehicle description;
• Ownership information;
• Service information;
• Accident/history information;
• Other vehicle specifications.

The information in a listing is primarily provided by the seller or dealer.

6. Seller’s Responsibility for Listing Information

Every seller and dealer is solely responsible for ensuring that information submitted in a vehicle listing is:

• Accurate;
• Current;
• Complete to the extent reasonably required;
• Not misleading;
• Not fraudulent;
• Not unlawful;
• Not defamatory;
• Not infringing another person’s rights; and
• Not deceptive regarding the vehicle’s condition, ownership, history or price.

A seller must not knowingly provide false information about:

• Vehicle ownership;
• Registration;
• Mileage;
• Model or variant;
• Manufacturing year;
• Registration year;
• Accident history;
• Flood damage;
• Insurance;
• Service history;
• Mechanical condition;
• Modifications;
• Outstanding finance;
• Legal disputes;
• RC status;
• Hypothecation;
• Challans;
• Theft status; or
• Any other material fact concerning the vehicle.

7. Seller’s Authority to List a Vehicle

By listing a vehicle, the seller represents that they:

• Own the vehicle or have lawful authority to sell/list it;
• Have authority to provide the listing information;
• Have authority to upload photographs and other materials;
• Are not knowingly listing a stolen vehicle;
• Are not knowingly listing a vehicle subject to undisclosed legal restrictions;
• Will disclose material information required by applicable law; and
• Will complete the transaction lawfully.

The Premium Car may request additional information or documents where reasonably necessary to investigate a listing, prevent fraud or comply with applicable law.

8. Dealer Terms

Dealers using The Premium Car agree that:

• They will provide accurate business information;
• They will not impersonate another dealer;
• They will not list vehicles they are not authorised to advertise;
• They will accurately describe vehicle condition;
• They will comply with applicable consumer and motor-vehicle laws;
• They will honour representations made to buyers;
• They will not publish misleading prices;
• They will not create fake demand or fake enquiries;
• They will not manipulate listings or reviews; and
• They will respond to buyer enquiries honestly and professionally.

The Premium Car may suspend or remove dealer accounts that repeatedly violate these Terms.

9. Vehicle Documents and Verification

The Premium Car may, from time to time, introduce vehicle or seller verification services.

Unless a listing is expressly identified as verified by The Premium Car, users should not assume that the vehicle, seller, ownership, documents, mileage, condition or history has been independently verified by us.

A “verified” label, where introduced, will only indicate the specific information or verification process identified by The Premium Car.

Verification does not constitute a guarantee of:

• Vehicle quality;
• Mechanical condition;
• Ownership;
• Legal title;
• Absence of accidents;
• Absence of defects;
• Absence of outstanding dues;
• Absence of financing;
• Future reliability; or
• Successful completion of a transaction.

10. Buyer Enquiries

Buyers may submit enquiries regarding vehicle listings.

When an enquiry is submitted, The Premium Car may forward the enquiry and relevant buyer information to the applicable seller or dealer.

This may include:

• Name;
• Mobile number;
• Email address;
• City/location;
• Vehicle of interest;
• Enquiry/message; and
• Other information submitted through the enquiry form.

The seller or dealer may contact the buyer regarding the relevant vehicle.

By submitting an enquiry, the buyer acknowledges that sharing the enquiry information with the relevant seller/dealer is part of the service requested.

11. Buyer Responsibility

Buyers are responsible for independently evaluating a vehicle before purchasing it.

Before completing a transaction, buyers should consider verifying, as applicable:

• Seller identity;
• Vehicle ownership;
• Registration certificate;
• Chassis/VIN details;
• Engine details;
• Insurance;
• PUC;
• Service history;
• Accident history;
• Flood damage;
• Outstanding finance/hypothecation;
• Challans;
• Theft status;
• Vehicle inspection;
• RC transfer requirements;
• Applicable taxes and dues;
• Vehicle modifications; and
• Other relevant legal and mechanical matters.

The buyer should conduct an appropriate physical inspection and obtain professional/mechanical/legal advice where appropriate.

12. Test Drives and Physical Inspections

Any test drive or physical inspection is arranged between the buyer and seller/dealer unless The Premium Car expressly provides a separate service.

The Premium Car is not responsible for:

• Accidents during a test drive;
• Traffic violations;
• Damage to a vehicle;
• Injury;
• Property damage;
• Insurance issues;
• Driver negligence;
• Seller negligence; or

Buyer negligence,

except to the extent liability cannot lawfully be excluded.

Buyers should ensure that they have appropriate permission, identification, licence and other requirements before driving a vehicle.

Sellers should ensure that test drives are conducted safely and lawfully.

13. Vehicle Purchase Transactions

The actual sale of a vehicle is a transaction between the buyer and seller/dealer.

The buyer and seller are responsible for agreeing on:

• Final purchase price;
• Payment method;
• Delivery;
• Possession;
• Vehicle documents;
• Transfer of ownership;
• Insurance;
• Taxes;
• Registration requirements;
• Outstanding dues;
• Warranty, if any;
• Return/cancellation terms; and
• Other transaction terms.

The Premium Car is not responsible for enforcing an agreement between a buyer and seller.

14. No Online Vehicle Payments

The Premium Car currently does not process online payments for the purchase price of vehicles through the Platform.

Unless expressly stated otherwise:

• Do not send vehicle purchase money to The Premium Car;
• The Premium Car does not hold vehicle purchase funds;
• The Premium Car does not provide escrow services;
• The Premium Car does not guarantee payment to a seller;
• The Premium Car does not guarantee delivery of a vehicle; and
• The Premium Car does not guarantee refund of money paid directly between users.

Users should exercise appropriate caution before transferring money to another person.

15. Fraud and Scam Prevention

Users must not use the Platform to conduct fraudulent or deceptive activities.

Prohibited activities include:

• Fake vehicle listings;
• Fake seller accounts;
• Fake dealer accounts;
• Stolen vehicles;
• False vehicle information;
• Fake documents;
• Identity theft;
• Phishing;
• Advance-fee scams;
• Fake payment confirmations;
• Fraudulent loan offers;
• Misrepresentation of vehicle ownership;
• Manipulation of mileage;
• Misleading photographs;
• Price manipulation;
• Fake enquiries;
• Spam;
• Harassment;
• Extortion;
• Money laundering; or
• Any other unlawful activity.

The Premium Car may suspend, restrict or remove accounts or listings where we reasonably suspect fraud or misuse.

16. User-Generated Content

Users may submit:

• Vehicle descriptions;
• Photographs;
• Reviews;
• Comments;
• Messages;
• Dealer information;
• Vehicle information;
• Feedback; and
• Other content.

The person submitting content remains responsible for that content.

You represent that you have the necessary rights and authority to submit the content.

17. Prohibited Content

Users must not upload, publish, transmit or otherwise make available content that:

• Is unlawful;
• Is fraudulent;
• Is misleading;
• Impersonates another person;
• Infringes copyright, trademark, patent or other intellectual-property rights;
• Violates privacy rights;
• Contains another person’s personal information without lawful authority;
• Is obscene or sexually explicit;
• Exploits or harms children;
• Promotes violence;
• Promotes discrimination or hatred;
• Facilitates money laundering or other unlawful activities;
• Contains malicious software;
• Attempts to compromise Platform security;
• Contains false information presented as fact;
• Is defamatory or threatening;
• Is designed to harass another person;
• Is spam;
• Is unrelated commercial advertising;
• Promotes illegal goods or services;
• Contains fraudulent vehicle documents; or
• Violates applicable Indian law.

The IT Rules require applicable intermediaries to publish rules and make reasonable efforts to prevent users from hosting or sharing various categories of prohibited information.

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18. Content Moderation

The Premium Car may, subject to applicable law:

• Review listings;
• Review reported content;
• Remove listings;
• Disable content;
• Restrict accounts;
• Suspend users;
• Terminate accounts;
• Block repeated abusive users;
• Investigate suspected fraud;
• Preserve information where legally required; and
• Cooperate with lawful authorities.

We may take these actions where content or activity appears to violate these Terms, applicable law or Platform policies.

We are not required to guarantee that every unlawful, inaccurate or prohibited listing will be identified before publication.

19. Reporting a Listing or User

If you believe that a listing, account or user:

• Is fraudulent;
• Contains false information;
• Infringes your rights;
• Contains prohibited content;
• Represents a stolen vehicle;
• Misuses personal information;
• Violates these Terms; or

Violates applicable law,

you should report it to The Premium Car through the contact/grievance mechanism provided on the Platform.

We may request supporting information to investigate the complaint.

20. Intellectual Property

The Premium Car and its original content, branding, design, software, logos, graphics, text, databases, layout and other materials are owned by or licensed to The Premium Car unless otherwise stated.

You must not, without prior written permission:

• Copy our website;
• Copy our branding;
• Reproduce our database;
• Scrape our listings at scale;
• Republish our content commercially;
• Reverse engineer the Platform;
• Sell access to our Platform;
• Use our trademarks deceptively; or
• Create a competing service using substantial portions of our protected content or database.

21. Seller Licence to Use Listing Content

By uploading photographs, descriptions and other listing content, you grant The Premium Car a non-exclusive, royalty-free, worldwide licence to host, reproduce, display, format, modify for technical purposes, distribute and promote that content for operating, marketing and improving the Platform.

This licence continues for as long as reasonably necessary for the purposes for which the content was submitted, subject to applicable law and our Privacy Policy.

You represent that you have the rights necessary to grant this licence.

22. Accuracy of Platform Information

We attempt to provide a useful and reliable marketplace, but we do not guarantee that:

• Every listing is accurate;
• Every listing is current;
• Every seller is genuine;
• Every dealer is authorised;
• Every vehicle is available;
• Every photograph accurately reflects the current vehicle condition;
• Prices remain unchanged;
• Listings contain complete information; or
• All information has been independently verified.

Listings may change or become unavailable without notice.

23. No Vehicle Warranty by The Premium Car

Unless expressly stated in writing, The Premium Car provides no warranty regarding any vehicle listed on the Platform.

This includes warranties regarding:

• Quality;
• Fitness for purpose;
• Mechanical condition;
• Mileage;
• Accident history;
• Ownership;
• Title;
• Registration;
• Insurance;
• Service history;
• Market value;
• Performance;
• Safety;
• Availability; or
• Future reliability.

Any warranty provided by a seller, dealer, manufacturer or third party is the responsibility of that party.

24. No Guarantee of Transaction

The Premium Car does not guarantee that:

• A buyer will find a suitable vehicle;
• A seller will find a buyer;
• A buyer will complete a purchase;
• A seller will complete a sale;
• A listed vehicle will remain available;
• A seller will respond to an enquiry;
• A buyer will respond to a seller;
• The parties will agree on price; or
• A transaction will be completed successfully.

25. Third-Party Services

The Platform may integrate with or link to third-party services, including:

• Maps;
• Analytics;
• Communication services;
• Hosting services;
• Automotive services;
• Insurance providers;
• Finance providers;
• Service providers;
• Dealers; and
• Other third-party websites.

Third-party services are governed by their own terms and policies.

The Premium Car does not control third-party services and is not responsible for their availability, content or practices, except where applicable law provides otherwise.

26. Privacy

Your use of The Premium Car is also governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, retain and protect personal data.

You should read the Privacy Policy before using the Platform.

27. Communications

By using the Platform, you may receive service-related communications such as:

• Account notifications;
• Enquiry confirmations;
• Seller/dealer communications;
• Security notifications;
• Platform updates;
• Customer-support communications; and
• Other communications necessary to provide the service.

Marketing communications will be handled in accordance with applicable law and our Privacy Policy.

28. No Unauthorised Contact or Harassment

Users must use contact information obtained through The Premium Car only for legitimate purposes related to the relevant enquiry or transaction.

You must not:

• Spam another user;
• Repeatedly contact someone after they ask you to stop;
• Harass or threaten another person;
• Sell or distribute another user’s contact information;
• Use contact information for unrelated marketing;
• Attempt to obtain passwords or financial information; or
• Use another person’s information for fraudulent purposes.

29. Dealer and Seller Commercial Conduct

Sellers and dealers must comply with applicable laws governing their sales and business activities.

Dealers are responsible for their own:

• Invoices;
• Taxes;
• Consumer obligations;
• Warranty commitments;
• Vehicle documentation;
• Registration/transfer requirements;
• Advertising claims;
• Pricing;
• Sales practices; and
• Regulatory compliance.

The Premium Car does not assume the legal obligations of a dealer merely because the dealer uses the Platform.

30. Vehicle Ownership and Transfer

The buyer and seller are responsible for completing the lawful transfer of ownership and complying with applicable motor-vehicle requirements.

The parties should ensure that all required documents, forms, fees, taxes, insurance requirements and registration procedures are properly completed.

The Premium Car does not become responsible for ownership transfer merely because it facilitated an enquiry.

31. Prohibited Uses of the Platform

You must not use The Premium Car to:

• Violate any law;
• Defraud another person;
• Scrape the Platform unlawfully;
• Create automated fake enquiries;
• Circumvent security measures;
• Interfere with Platform operation;
• Upload malware;
• Attempt unauthorised access;
• Collect personal data unlawfully;
• Create fake listings;
• Manipulate rankings;
• Manipulate reviews;
• Send spam;
• Advertise unrelated products without permission;
• Impersonate The Premium Car;
• Attempt to obtain another user’s account credentials;
• Use bots or automated systems in a manner prohibited by us;
• Reverse engineer the Platform; or
• Otherwise misuse the Platform.

32. Account Suspension and Termination

The Premium Car may suspend, restrict or terminate an account where:

• You violate these Terms;
• You provide materially false information;
• You engage in fraudulent activity;
• You repeatedly receive credible complaints;
• Your activity threatens Platform security;
• You misuse another person’s information;
• You upload prohibited content;
• You engage in unlawful activity;
• You attempt to manipulate the Platform;
• You misuse buyer enquiries; or
• We are required to do so by law.

Where appropriate and legally permissible, we may provide notice before taking action.

Nothing in this section limits rights available to users under applicable law.

33. Removal of Vehicle Listings

We may remove or disable a listing where:

• The vehicle has been sold;
• The listing is inaccurate;
• The listing violates these Terms;
• Fraud is suspected;
• The vehicle is reported as stolen;
• The listing contains prohibited information;
• The listing infringes third-party rights;
• The seller cannot reasonably establish authority to list the vehicle;
• The listing is misleading;
• The listing is duplicated excessively; or
• Removal is required by law or lawful authority.

34. Platform Availability

We aim to maintain a reliable Platform but do not guarantee uninterrupted availability.

The Platform may temporarily become unavailable because of:

• Maintenance;
• Software updates;
• Security incidents;
• Technical failures;
• Hosting problems;
• Internet/network failures;
• Third-party service failures;
• Force majeure events; or
• Other circumstances beyond our reasonable control.

35. Disclaimers

To the maximum extent permitted by applicable law, The Premium Car provides the Platform on an “as available” basis.

We do not guarantee that the Platform will always be:

• Available;
• Error-free;
• Secure;
• Complete;
• Accurate;
• Uninterrupted; or
• Free from harmful components.

Nothing in these Terms excludes any consumer or other legal right that cannot lawfully be excluded.

36. Limitation of Liability

To the maximum extent permitted by applicable law, The Premium Car shall not be responsible for losses arising solely from transactions, representations or conduct between buyers and sellers, including:

• Vehicle defects;
• Incorrect vehicle information;
• Seller fraud;
• Buyer fraud;
• Ownership disputes;
• Payment disputes between users;
• Test-drive incidents;
• Vehicle accidents;
• Vehicle damage;
• Registration disputes;
• Insurance disputes;
• Warranty disputes;
• Failure to complete a transaction; or
• Misrepresentations by users.

However, nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law, including liability arising from our own fraud, wilful misconduct or other non-excludable liability.

37. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Premium Car, its owners, officers, employees, contractors and service providers from claims, losses, liabilities, damages, costs and expenses arising from:

• Your breach of these Terms;
• Your unlawful use of the Platform;
• Your vehicle listing;
• False or misleading information supplied by you;
• Your infringement of third-party rights;
• Your violation of privacy rights;
• Your fraud or misconduct;
• Your violation of applicable law; or
• Your transactions with another user.

This provision does not require you to indemnify The Premium Car for liability caused by The Premium Car’s own non-excludable misconduct.

38. User Disputes

Disputes between buyers and sellers should primarily be resolved between those parties.

The Premium Car may, at its discretion, assist with communication or provide information reasonably available to it, but it does not guarantee resolution of private disputes.

Users should preserve relevant documents, messages, receipts and other evidence relating to a transaction.

39. Complaints and Grievances

For complaints concerning:

• The Platform;
• A listing;
• A user;
• Privacy;
• Prohibited content;
• Fraud;
• Copyright or other intellectual-property concerns; or

Other Platform-related matters,

We may introduce a separate grievance contact or grievance officer email as the Platform grows.

Where applicable law requires a specific grievance officer or designated contact, The Premium Car will provide the relevant details on the Platform.

40. Copyright Complaints

If you believe content on the Platform infringes your copyright or other intellectual-property rights, you should provide:

• Your name and contact details;
• Identification of the protected work;
• Identification of the allegedly infringing material;
• The relevant URL or listing information;
• A statement explaining your rights;
• Supporting documents where appropriate; and
• Any other information reasonably required to investigate the complaint.

We may remove or restrict allegedly infringing material where appropriate and in accordance with applicable law.

41. Government and Law-Enforcement Requests

The Premium Car may cooperate with lawful requests from:

• Police;
• Courts;
• Government authorities;
• Regulatory authorities;
• Cybercrime authorities; and
• Other legally authorised bodies.

We may preserve or disclose information where required by applicable law or valid legal process.

42. Changes to These Terms

We may update these Terms from time to time.

Updates may be made because of:

• Changes to the Platform;
• New services;
• Changes in law;
• Regulatory requirements;
• Security requirements;
• Changes in business practices; or
• Other operational reasons.

Updated Terms will be published on the Platform with a revised “Last Updated” date.

Your continued use of the Platform after an update may constitute acceptance of the updated Terms to the extent permitted by law.

Where applicable law requires additional notice or affirmative acceptance, we will provide it.

43. Electronic Acceptance

You agree that clicking an acceptance button, checking a checkbox, creating an account, listing a vehicle, submitting an enquiry or continuing to use the Platform may constitute electronic acceptance of these Terms where permitted by applicable law.

We may maintain electronic records of acceptance.

44. Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions will continue to apply.

45. Waiver

Failure by The Premium Car to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

46. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent where such consent is legally required.

The Premium Car may transfer or assign its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets or other business transaction, subject to applicable law.

47. Entire Agreement

These Terms, together with the Privacy Policy and other policies expressly incorporated into them, constitute the agreement governing your use of the Platform, subject to applicable law.

Additional terms may apply to particular services introduced by The Premium Car.

48. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of India.

Subject to applicable consumer-protection and other mandatory laws, disputes concerning these Terms or the Platform shall be subject to the jurisdiction of the competent courts at Ahmedabad, Gujarat, India.

Nothing in these Terms is intended to prevent a consumer from exercising a mandatory legal right to approach a competent consumer forum, authority or court where such right cannot lawfully be restricted.

49. Contact Information

50. Acceptance

By accessing or using The Premium Car, you acknowledge that:

• You have read these Terms;
• You understand the nature of The Premium Car as a marketplace;
• You understand that vehicle transactions are primarily between buyers and sellers/dealers;
• You understand that The Premium Car does not currently process vehicle purchase payments;
• You agree to provide truthful information;
• You agree not to misuse the Platform; and
• You agree to comply with these Terms and applicable law.

If you do not agree to these Terms, please do not use The Premium Car.