This application accessed by you is the exclusive property of BidWheelz Services having its registered office at 432 Somwar Peth, Near Zilla Parishad, Somwar Peth, Pune 411001, Maharashtra, India and the access of and usage of and further transaction, by you shall be governed by the T&Cs contained herein.
You are at liberty to discontinue the access to application and not carry any transaction with BidWheelz Services, if you don’t agree with T&Cs. However, if you still prefer to carry on any further usage and conduct further transactions with BidWheelz Services by, through and subsequent to access to the application then it shall be deemed to have an effect of acceptance by you of the T&Cs.
Definitions and References
The words used in T&Cs shall refer and mean as follows:
“Application” – refers to and mean the mobile software/application owned and operated by BidWheelz available for download on the iTunes/google Play store to you.
“Bid”- Refers to an unconditional, irrevocable (unless otherwise provide for in the terms), and binding offer by you, through the applications, or through the website for the transactions.
“Bid Period” – Refers to the time period during which a bid may be made for a vehicle that is on offer for Transaction, or is on display for invitations to bid on and through the application or website.
“BidWheelz”- refers to BidWheelz and unless otherwise specified, includes its holding company and related affiliates.
“Confidential Information” means any and/or all information and data, including but not limited to any trademark or logo being in use other intellectual property rights, partnership rights, Formula Pattern,compilation,program device, method ,technique or process that;(a) is secret, in that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within circles that normally deal with the kind of information in question; (b) has commercial value because it is secret and (c)has been subject to responsible steps under the circumstances by the person lawfully in control of the information, to keep it a secret.
“Content”- refers to including but not limited to images, photos, audio, video, location Data, and all other forms of information or data accessible, or generated by you through this application.
“Dealer” a business entity which is carrying on a valid and legally competent business and collectively includes the individual (s) who is/are controlling and managing the said business. For clearance of doubts any individual independent of his/her business shall not be treated as a dealer.
“Dealer id” refers to and mean the dealer identification no. allotted by BidWheelz services to you which shall be referred to in all transactions to held with you.
“DRB”- refers and means the Dealer Rule book and its contents which contains and details out the specific terms and conditions which shall govern the transactions to be held between BidWheelz and you.
“Enrolled Dealer” shall mean the dealer who has been allotted a Dealer Id by BidWheelz.
“Financial Criteria” shall mean and refer to the requisite security amount to be deposited by the enrolled dealer with BidWheelz as defined by BidWheelz from time to time.
“Dealer Enrollment Form/Enrollment Form”means the duly filled and signed form submitted by the Dealer alongwith the requisite identification documents and acceptance of covenants of DRB for enrollment with BidWheelz to be confirmed as an Enrolled Dealer.
“Rules” means the content incorporated in the Dealer Rule Book which may be read as the applicable terms and conditions, governing, covenants, performances by the enrolled Dealer and/or similar and realted nature of terms which shall be applicable on the transactions being held between BidWheelz and Enrolled Dealer.
“Service”- refers ti, and is not limited to information available on, access to, or usage of the application, and the ability to interact with BidWheelz in relation to the Transactions.
“Transaction” means the business transaction to be conducted and/or held between BidWheelz and You, being governed by DRB.
“Vehicle(s)” – refers to cars or other automobiles that are available for transaction to you through the applications.
“CP”(Channel Partner) – refers to an Enrolled dealer including any prospective dealer with BidWheelz who has submitted requisite identification documents evidencing his/her personal identification alongwith the requisite documents evidencing the existence of a valid and legally competent business entity which is being controlled and managed by him/her through the enrollment form.
b. expressively represented to submit the documents mentioned in sub para
(a) Above with BidWheelz alongwith the enrollment form.
These T&Cs consist collectively of and shall govern the following
T&Cs for Transactions
The T&Cs constitute a legally binding agreement between CP and BidWheelz. By accessing or using the application BidWheelz allows and assist CP to locate Vehicles for transactions subject to the express representation by CP of fulfillment of any and/or statutory and Regulatory Laws as applicable to CP and for the Transactions as per DRB BidWheelz has no special relationship with ,or fiduciary duty owed, to CP. CP acknowledge that BidWheelz has no control over, and no duty to take any action regarding the nature of users that gain access to the Services, the content that you access to the services, the nature of the content that you receive via the Services ,the effect of the content so accessed or received on CP’s interpretation or use of the content., or the kind of actions CP may take as a result of having been exposed to the content or information. You release BidWheelz from all Liabilities from you having acquired or not acquired content through the services content through the services. The services may contain, or direct you to sites containing, information that some may find offensive or inappropriate. BidWheelz makes no representations concerning any content contained in or accessed through the services and BidWheelz will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the services. BidWheelz makes no representations or warranties regarding the accuracy of descriptions anywhere on the Applications, or regarding the suggestions or recommendations of Service or products offered or expressed for the Transactions through the application. Services are provided “AS IS WHERE IS BASIS” without any warranty of any kind from BidWheelz.
BidWheelz is in the business of building and operatin an ecommerce platform for.
/and providing services for purchases and sale of vehicles/Automobiles. CP are assessing this application pursuant to CP being enrolled as an enrolled Dealer with BidWheelz.
The following are registered trademarks, trademark or service marks of BidWheelz, its holding company and/or its affiliates,Words,Logo, Phrases arrangement of words or alphabets,colour scheme as appearing in the application, all custom graphics, icons,logo and service names are registered trademarks or services of BidWheelz or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these T&CS grant CP any right to use any trademark, service mark, Logo, or the name of BidWheelz or its affiliates. You shall not represent BidWheelz and/or represent as an agent of BidWheelz for any further dealings being done/carried out by you subsequent to and during the Tansactions.
CP have access to Application pursuant upon CP sole and exclusive Liability to update CP’s place of business and address particulars, with BidWheelz from time to time, if there is any change.
BidWheelz shall be best of its knowledge and expertise, attempt to verify the condition and performance of the vehicle and share inspection report of the vehicle through the application. BidWheelz shall not be liable for verifying the genuineness of the title/ownership related documents of the vehicle including but not limited to the authencity of odometer reading and any liability, statutory or otherwise accruing with respect to and against the vehicle. The professional opinion provided by BidWheelz on valuation of the vehicle primarily based on the condition of the vehicle at the time of inspection/valuation. Refurbishment cost if any provided in the inspection report is for indicative puposes only and actual refurbishment cost may vary.
The applications may contain links to other websites. Such third party websites are not under control of BidWheelz, and therefore BidWheelz shall not be responsible in any manner whatsoever for the contents of any such site(s) including without limitation any link contained in such websites, or any changes or updates to such websites. BidWheelz is not responsible for any form of transmission received from any such third party websites. BidWheelz provides these link does not imply endorsement by BidWheelz of the third party website or any association with its operators. Always use caution when giving out any personal information about yourself in any such communication. Such third party websites are not authorized BidWheelz spokesperson, and views contained therein do not necessarily reflect those of BidWheelz.
CP agree that BidWheelz can communicate with you via Phone calls, SMS, Emails, or any other method, in Terms of the information provided by CP, and will not be able to/or any other authority for such an act. If CP’s number is registered with Do not call(DNC) and/or Do not Disturb(DND) service. CP hereby authorizes BidWheelz to communicate with you vis Telephone calls,SMS, E-Mails and/or any other method, and you will not hold BidWheelz responsible for any such communication in this regard.
The following terms shall govern the usage of the Application by CP.
The process of availability of vehicles may be as per the different modes and the access to which shall both be specified independently in the Application. The modes shall be as per the discretion of BidWheelz and may vary from time to time.
All Bids shall be in Indian Rupees. The increments shall be required as per the discretion of BidWheelz from time to time. Any bid which is not made as per the expected which is not made as per the expected increments shall not be acceptable.
BidWheelz reserves the right to suo-motu demarcate and/or exclusively prioritise the provision of Services amogst the Enrolled Dealer during and/or for the provision of Services by BidWheelz.
A bid once placed cannot be withdrawn or cancelled. However, the CP may place a higher bid during the bid period, or during the such other periods as may be prescribed, which shall supersede any previous bids made by you in respect of the vehicle for onward Transactions. CP shall be solely liable to conclude the Transaction for the bid with such time schedule as may be fixed by BidWheelz, from time to time, and failing which CP’s said bid shall stand cancelled and BidWheelz shall be free to discharge itself from any obligations with respect to the said bid.
A Bid shall be accepted when a formal notice of acceptance is received by CP from BidWheelz by email/notification through the application/SMS.
In the event of CP’s Bid being the highest Bid amongst all bids received in respect of a vehicle within the bid period. The CP shall be mandated to comply to honour the requisite Transactions by making full payment in respect of the same in accordance with your bid, within such period as may be specified in the application and/or fixed by BidWheelz, after intimation of acceptance of such Bid by BidWheelz Failure to adhere to such time schedule for payment as may be prescribed and/or fixed may result in forfeiture of CP’s Bid, and all amounts deposited by you, Leaving CP with no rights in the concerned vehicle.
In addition to the amount payable by CP as per CP’s Bid specified above. CP shall also be liable to pay for all and/or any such additional amount(s) for administrative fees, Logistics Fees, cash handling, Parking charges , inspection charges, delivery charges, membership fees, any statutory or regulatory charge(s), wherever applicable etc. The amount on the additional charges shall be as prescribed at the sole discretion of BidWheelz from time to time.
Subsequent to the acceptance of CP’s Bid by BidWheelz all further transactions shall be governed additionally under the Rules as mentioned in DRB.
By using the application , CP undertake represent , and agree that:
CP’s are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the conditions, obligations, representations, and warranties set forth in T&Cs.
Any utilization of services with BidWheelz, shall only be possible upon registration by CP, prior to availing Services,via the mobile application owned and operated by BidWheelz.
BidWheelz may obtain or collect certain personal information in the process of CP’s registration and usage of the application, in a variety of ways,including,but not limited to, email, name, contact number, IP address of the handheld device or such other device used to access the application or any other such information as required for the usage and smooth functioning of the application.
CP will solely be liable for any activity from their own account on the application.
CP will not use the Services for any purpose that is contrary, illegal or prohibited under T&Cs.
CP may not use the Application in any manner which could damage, disable, overburden, or impair the Services or BidWheelz brand and/or interfere with any other party’s use and enjoyment of the application. CP shall not obtain or attempt to obtain any material through any means not intentionally made available or provided for through the Application.
Information provided by CP through the Application may be used by BidWheelz for its business related activities including but not limited to any promotional campaigns etc.
CP shall not share any confidential information provided by BidWheelz to you with any third party under any circumstances and in any nature whatsoever.
CP’s are not an end user of the vehicle.
CP’s agree to notify BidWheelz immediately in writing, of any unauthorized use of thier account in order to enable BidWheelz to take necessary corrective action. CP’s also agree that they will not allow any third party to use CP’s account for the purpose of transacting activities in CP’s name of services.
BidWheelz does not make any express or implied representation or warranty as to the content displayed on the application, including but not limited to the quality, accuracy, completeness, materiality, sufficiency, and typographical errors, or that any defects will be correct in the shop auction or the live auction. CP shall be completely responsible and liable for any and all conclusions that you derive from the services provided by BidWheelz. Any reliance on any such content, advice, statement, or other information shall be at CP’s sole risk. BidWheelz reserves the right to make any changes of the shop auction or the live auction at any time.
BidWheelz may vary or amend or change or update the T&Cs, from time to time, entirely at its own discretion, without notice. CP shall be responsible for checking the T&Cs from time to time, as also the representations contained in the application, and ensure continues compliance with the updated T&Cs shall be deemed as CP’s express acceptance to such amended/changed T&Cs and you also agree to be bound by such changed/amended T&Cs.
CP, consequent upon CP’s consent for the access to the Application, shall be able to preview the Application and scroll the features. However, to avail the benefit to conduct any further activities, by you, shall be subject to the T&Cs of the transactions and which shall be governed by the terms of DRB.
DEALER RULER BOOK (DRB)
This is a public document. This document belongs to and is the partners of BidWheelz.
This document contains all rules applicable on enrolled Dealer with BidWheelz Services and with the transactions to be held between the enrolled dealer and BidWheelz. These rules shall govern all Transactions being conducted by the enrolled Dealer with BidWheelz along with the procedure for enrollment and may include T&Cs for any facilities being availed through BidWheelz for and related to the Transactions.
Dealer need to have a valid business entity. Individuals shall not be treated as a business entity.
The Dealer needs to submit the following documents as evidentiary proof of the existence of the business entity;
a. Permanent Account NO.(PAN) allotted in the name of said business entity.
b. Identity & Address Proof documents: Any Statutory documents evidencing the identity and address proof of the business entity.
iii. Acceptance of the documents rests solely at the discretion of BidWheelz.
iv. The requirement of the documents is based on the applicable statutory guidelines and which may change from time to time by concerned and competent government authorities. In case of any change in requirements/applicable law the enrolled dealer may have to again submit the documents, if required. Non submission of documents shall grant exclusive rights to BidWheelz for de-enrolment / blocking of the access to
Application without any prior notice and for which BidWheelz shall not be liable in any any nature whatsoever.
B. Application Procedure:
i) The Dealer has to submit a duly Dealer Enrolment form with BidWheelz authorized representatives at the center of BidWheelz.
ii) Simultaneously upon the receipt of Dealer Enrolment form, BidWheelz shall issue Dealer Id to the dealer for onward process of confirmation of enrolment for the dealer.
iii) Upon receipt of the dealer Id the dealer shall have to comply with and fulfil the Financial criteria with BidWheelz in order to become eligible to bid for vehicles for the transaction with BidWheelz.
iv) The Financial criteria shall be fixed at the sole discretion of BidWheelz and may be amended from time to time as per the business requirements.
C. The Relationship
i) The relationship between BidWheelz and the dealer shall be independent and non-exclusive i.e. BidWheels shall not be restricted to enroll any transactions.
ii) The enrolment of the dealer is strictly sacrosanct with the representations as extended by the Dealer at the time of enrolment. If there is anything contradictory and/or contrary identified or comes to the knowledge of BidWheelz at any subsequent time upon submission of enrolment form then BidWheelz shall possess all the rights to de-enrol the dealer from its Dealer Enrolment list and which shall also make the dealer liable for all and/or any compensation in favor of BidWheelz for any loss and/or damages suffered by BidWheelz.
iii) Any data and/or information including the present Rules being shared by BidWheelz and/or comes to the knowledge of the Enrolled Dealer shall always remain as confidential information of BidWheelz and the dealers shall be under a strict obligation to keep the same confidential and not to disclose to any third party.
iv) The Rules contained herein are subject to modification/amendment/change upon the sole discretion of BidWheelz. However any such change shall be communicated to the enrolled dealers by BidWheelz and the same shall be effective and in force as per the date mentioned therein and/or upon the issuance of any such communication by BidWheelz at the available e-mail id or address particulars of the enrolled dealer.
v) The submission of the enrolment for by the dealer with BidWheelz shall be sufficient evidence of the fact that the dealer has accepted the rules in their entirety and the said dealer shall strictly comply with the same during the subsistence of the dealer as an enrolled dealer with BidWheelz.
vi) BidWheelz shall have the exclusive right to de-enrolee the enrolled dealer in case of any non-compliance of the rules and/or breach of the Terms and Conditions of the Enrolment form without any prior notice and which shall be solely on the sole, cost(s) and consequence(s) of the Enrolled Dealer.
D. The Rules for Transactions.
i) The enrolled dealer while assessing the application shall have the privilege to explore review and avail the opportunity to Bid for any Vehicle available for the Bid in the application. The enrolled dealer can also as per his own analysis and decisions apply for and make bidding for the transaction of any vehicle with BidWheelz. The enrolled dealer shall be able to bid only after the enrolled dealer has complied with and fulfils the financial criteria for making the bid.
ii) The enrolled dealer, however if does not filfill the financial criteria and/or Bid for any vehicle continuously for a period of 3 (three) months then the access of the application may be suspended and/or restricted and/or blocked by BidWheelz without any prior notice.
iii) The mere bidding by the enrolled dealer for a vehicle shall not entitle the enrolled dealer to have the delivery of the vehicle in his favor by BidWheelz and BidWheelz reserves its right at its discretion to award the vehicle to the enrolled dealer after completion of the Bidding process.
iv) The enrolled dealer shall be liable to execute relevant documents as would be required and/or prescribed by BidWheelz evidencing the delivery of the vehicle by the enrolled dealer.
v) The enrolled dealer make the full and final payment of the Bid amount including all applicable additional charges etc., as applicable and execute all required documents and then shall be competent to take delivery of the vehicle. All activities by the enrolled dealer shall be completed by the enrolled dealer within 48 (forty eight) Hours of the bid being confirmed as the highest bid by BidWheelz and in default of which the concered transaction shall be deemed to be cancelled/nullified by BidWheelz.
vi) All payments to BidWheelz by the enrolled dealer can be made in Cash/NEFT/RTGS/IMPS. Payments through cheques and demand draft shall be accepted only at sole discretion of BidWheelz. The Enrolled dealer shall also be liable to make all and/or any payments applicable and due towards any applicable government and/or bank rules, if applicable towards any payments transactions. Delivery of the vehicle shall be handed over to the enrolled dealer only consequent upon receipt of fill and final payments towards the vehicle involved in the Transactions by BidWheelz in its Bank account.
vii) The enrolled dealer shall not possess any rights under any circumstances including but not limited to any claim rights, title and/or any right of ownership of the vehicle, in any nature whatsoever unless the full and final payment is received by BidWheelz in its Bank account towards the vehicle involved in the transaction.
viii) In case in any then prevailing circumstances, if BidWheelz at its sole discretion accepts to receive the payment in cash then in such circumstances the enrolled dealer shall be solely liable to make any additional payment(s) for any additional charges including any applicable statutory and/or regulatory taxes.
ix) The Financial Criteria to be compiled with the fulfilled by the enrolled dealer to become eligible to bid for vehicles shall be as decided and communicated by BidWheelz to the enrolled dealer.
x) The financial criteria shall be an interest free refundable security deposit amount and the limit of which shall be decided at the sole discretion of BidWheelz s per business requirements and shall be communicated to the enrolled dealer. The following conditions shall apply to the financial criteria.
a) Bidwheelz shall possess all rights to adjust and/or deduct any amount from the financial criteria in case of any breach and/or non compliance of the Terms and Conditions.
b) The Financial criteria needs to be kept up to the requisite limit as prescribed by BidWheelz from time to time. BidWheelz reserves the right to amend and/or vary the limit of financial criteria from time to time without prior notice.
c) BidWheelz shall have the exclusive right to impose a condition as a specific amount to be blocked out of financial criteria towards a specific performance security of the obligations of the enrolled dealer during and for the transaction. The parameters may be decided exclusively by BidWheelz and shall be applicable till the respective enrolled dealer makes the full and final payment of the vehicle. BidWheelz shall possess the additional right, to forfeit the said part amount out of the Financial Criteria blocked as specific performance security, in case of any default by the enrolled dealer to specifically perform its obligations as required for a particular part of the Transactions starting from the Bid to the full and final payment of the amount of vehicle by the enrolled dealer. Any such blocking of the part of the financial criteria amount as specific performance security shall be communicated by BidWheelz to the enrolled dealer. The said blocked amount shall be reversed back to financial criteria limit upon due completion of respective compliances by the enrolled dealer.
d) Any depletion of the limit of and from the Financial Criteria to be maintained by the enrolled dealer shall have to be fulfilled by the enrolled dealer and in the absence of which the enrolled dealer shall remain not eligible for the bidding. However, once the enrolled dealer has maitanied the financial criteria and due to the ongoing bid and transactions, the financial criteria is depleted then the enrolled dealer shall have an intermitting period to balance the same to the required limits.
e) The Financial criteria shall be co-terminus with the respective eligibility for a respective Bid and which the enrolled dealer shall have to maintain.
f) The financial criteria limit shall not be adjusted and/or deducted by BidWheelz towards the transactions and shall be treated only as the security deposit except for cases of forfeiture.
g) In case of severance and/or de-enrollment of the enrolled dealer, the interest free security deposit amount shall be refunded back to the dealer after deductions/adjustments of any outstanding arrears/forfeiture cases.
h) The enrolled dealer shall ensure transfer of the ownership and/or due Registration certificate of vehicles wherein of the enrolled dealer have done/ concluded/carried out transactions with BidWheelz in the manner prescribed by the law as soon as possible, and in no circumstances later than the requisite statutory time applicable for the same from, the sale of the vehicle by the enrolled dealer to any third party identified by any third dealer, failing which the enrolled dealer shall be in material breach of, inter alia, the T&Cs and shall be solely liable for any liabilities arising out if and/or pertaining to the vehicle, statutory or otherwise. BidWheelz is in no manner responsible for the vehicle after initiation of the transactions by the enrolled dealer and the enrolled dealer shall be solely liable for any and/or all obligations arising therefrom after the delivery of the vehicle has taken by the enrolled dealer.
h. The Enrolled Dealer shall ensure transfer of the Ownership and/or Vehicles wherein of the Enrolled Dealer have done / concluded / carried out Transaction with BidWheelz in the manner prescribed by law as soon as possible, and in no circumstances later than the requisite Statutory time applicable for the same from the sale of the Vehicle by the Enrolled Dealer to any third party identified by the Enrolled Dealer, failing which the Enrolled Dealer shall be in material breach of, inter alia, the T&Cs and shall be solely liable for any liabilities arising out of and/or pertaining to the Vehicle, statutory or otherwise. BidWheelz is in no manner responsible for the Vehicle after initiation of the Transactions by the Enrolled Dealer and the Enrolled Dealer shall be solely liable for any and/or all obligations arising therefrom after the delivery of the Vehicle has been taken by the Enrolled Dealer.
i. The Enrolled Dealer is liable to take the delivery of the vehicle from BidWheelz. In case the Enrolled Dealer authorizes someone else to take the delivery of the vehicle for and on its behalf then the Enrolled Dealer shall solely liable for any issues/loss(es)/ damage(s) arising out of the same. BidWheelz, however, reserves the right to deny the delivery of the vehicle to any third person at its sole discretion and/or demand and retain any identification documents of any such authorized person.
E. PARKING AREA:
I. The Enrolled Dealer shall be liable to comply with the rules applicable for the parking area of vehicles of BidWheelz.
ii. The rules of parking areas shall be defined and mentioned at the respective parking areas and shall consist inter-alia the following:
Enrolled Dealer is required to obtain tokens for Visit, Payment, Delivery or/ and Grievance as per requirement.
Enrolled Dealer wearing visiting card will only be entertained at Token Counters.
No Enrolled dealer shall be entertained at any counters without tokens.
Enrolled Dealer shall have to submit original ID card for taking car keys from counter.
Only 3 keys to be handed over to the Enrolled Dealer at the time.
Enrolled Dealer needs to sing register at key Counter. Sing must match sing on ID submitted.
Enrolled Dealer has to returns the keys within 15 minutes of issuance of key.
Enrolled Dealer is not allowed to move car from its parking place.
The Enrolled Dealer shall be liable for a penalty if the Enrolled Dealer is found driving the vehicle in the parking area.
iii. Any breach of the parking areas rules shall make the Enrolled Dealer liable for being blocked for access to Application and/or suspension and/or de-enrollment. Enrolled Dealer shall also be liable to compensate BidWheelz for any loss and/or damage caused by the Enrolled Dealer to the property of BidWheelz including the vehicles and/or creating nuisance and/or mischief and BidWheelz shall be liable to deduct any such amount from the security deposit of Enrolled Dealer.
F. SPECIAL FACILITIES
BidWheelz provides some special facilities for the Enrolled Dealers. These facilities can be availed at the option of the Enrolled Dealer and shall be subject to governed by the conditions as mentioned respectively against each of the said facilities.
The facilities are on availability basis and can be withdrawn by BidWheelz without notice. Any additional charges ,wherever applicable, for the said facilities shall be payable by the Enrolled Dealer in favour BidWheelz. BidWheelz shall not be liable to provide any such facilities in case of any non-payment of such charges, wherever applicable by the Enrolled Dealer. BidWheelz shall be at liberty to fix an amount for the said charges and/or change or amend the amount at its sole discretion. The condition to but in addition to the T&Cs.
In case the facilities are provided by a third party then the Enrolled Dealer shall be liable to comply with the terms and conditions of the said third party to avail facility. BidWheelz shall not be liable for any liabilities arising out of any such third party services and the Enrolled Dealer shall be solely liable to understand the applicable terms and conditions and avail the facility. Any and/or all such facilities shall be to be exclusion of any liability of BidWheelz.
To know about and avail the said facilities the Enrolled Dealer may contact BidWheelz at its nearest retail centers.
1. All charges, including the security deposited, payable to BidWheelz shall be mentioned in the Application, and may be liable to change from time to time, at the sole discretion of BidWheelz and such Charges shall be incorporated by reference in these T&Cs. CP shall be responsible for checking such charges and charges from time to time. Failure to deposit such Charges or to adhere to any obligations mentioned in these T&Cs shall render you liable to inter alia, forfeiture of charges from the security deposit of the Enrolled Deale deposited with BidWheelz.
2. The time schedule relating to the Bid process and the logistics of post Bid finalization and execution of the relevant Agreements shall be mentioned in the application, and may be liable to change from time to time. Such time schedule shall be incorporated by reference in these terms. CP shall be responsible for checking, and adhering to, such time schedule. Failure to adhere to the Time Schedule shall inter alia render CP as in breach of T&Cs.
3. If any part of T&Cs is determined to be invalid or unenforceable pursuant to applicable law (including, but not limited to, the warranty disclaimers and liability limitations set forth herein), then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms shall continue in effect.
4. If, after completion of the transaction post the acceptance of the bid by BidWheelz , CP demonstrate any error in the inspection report prepared for the Vehicle by BidWheelz, along with the authenticated report or documentary evidence in respect of such error within a reasonable time(reasonable time shall be considered at the sole discretion of BidWheelz and shall be final),BidWheelz may at its sole discretion accept the return of the vehicle. However the decision of BidWheelz in regard shall be final.
5. IF CP so desire at any time to cease CP’s relationship with BidWheelz initiated pursuant to these Terms. CP may do so by giving prior written notice to BidWheelz. CP understands that upon receipt of any such notice from CP and/or any other event of the cessation of relationship with you. CP shall be liable to immediately make any and/or all payments due against CP’s account(s) maintained by BidWheelz along with complete settlement of accounts and/or compliance, as per the Terms or otherwise accrued against CP in lieu of the Transactions, including but not limited to honoring all pending bids and payment of all the associated charges, and handover of all relevant documents, including but not limited ownership and statutory transfer of vehicles involved in the Transactions held by CP through the Application.
6. Failure to comply with any terms herein shall render CP liable to, inter alia, being blacklisted by BidWheelz, which shall mean that CP shall be debarred from participating in any of the bids and this may also result in CP being de-enrolled as an Enrolled dealer along with the termination/deletion/suspension of CP’s account maintained with BidWheelz.
7. CP and/or BidWheelz shall not be liable to perform any of the obligations mentioned herein if the same has been caused because of any Force – Majeure reasons which mean reasons beyond the reasonable control of both CP and BidWheelz. However, BidWheelz shall possess the right and final decision on concluding any such Force majeure reason as valid Force Majeure reason on any dispute and/or difference arising on the same.
8. IF BidWheelz does not take any action and/or invoke any and/or all of its right arising out of the present rules and/or terms and conditions of the Enrollment form against the non compliances and/or breach committed by CP then it shall not be considered as a waiver by BidWheelz for any such invocation of all the rights to invoke and/or take appropriate action and/or claim for any loss and/or damage at a later stage.
9. If any difference and/or dispute arises pertaining to the interpretation of the Terms and Conditions and/or acceptance of the Terms and Conditions by you including any further and/or subsequent Transactions carried out by CP with BidWheelz then the same shall be resolved amicably by CP referring the same with BidWheelz within a period of 7 (Seven) days from the knowledge or occurring of any such difference and/or dispute with you within a period of 15(Fifteen) days from the receipt of any such difference and/or dispute and/or any part thereof is not resolved amicably then the same shall be referred to Arbitration Tribunal consisting of Sole Arbitrator to be appointed by BidWheelz. The award so passed by the Arbitration tribunal shall be final and binding upon the parties. The venue shall be Pune and the Language shall be English. The Arbitration shall be carried out as per the applicable Arbitration & Concilation Act (as amended upto date).
10. In case of any conflict for applicability of any document pertaining to the Transactions, in case the same are consistent then the same shall constitute a part of T&Cs and in case of contradiction then the T&Cs herein shall prevail so far as the intent of the T&Cs contained herein is concerned. The headings provided are just for reference purposes. Some Terms may be repeated under some headings and may be construed as once only.
11. Governing law and jurisdiction – Parties agree to submit to the exclusive jurisdiction of the Courts situated at Pune.
VI. Grievances Redressal Mechanism
Not with-standing the dispute Resolution Clause; Any disputes in any matter regarding BidWheelz ,in relation to these T&Cs shall be subject to exclusive jurisdiction of courts situated at Pune and under applicable in Indian Laws.
Note: Please take note of that BidWheelz in under no obligation, statutory or otherwise, to entertain and/or respond to any false and/or frivolous and/or vexatious complaints, if intitated, by Youand/or under You(r) instructions and further shall be within its all rights to initiate appropriate legal action, as available to it, under the application law in such circumstances.