TERMS & CONDITIONS

USER AGREEMENT

These Terms & Conditions (“Terms”, “Terms of Use” or “Agreement”) govern your access to and use of the website https://autobest.co.in/ (“Website”) and the services made available through the Website by AUTOBEST AUTOMOTIVE (INDIA) PRIVATE LIMITED, operating under the brand name AutoBest / Autobest Emporio (“AutoBest”, “we”, “us”, “our” or “Company”).

For the purposes of these Terms, “You”, “Your”, “User” or “Customer” means any individual or legal entity accessing or using the Website or enquiring about, purchasing, reserving, selling, financing, insuring, servicing or otherwise availing of any services offered by AutoBest.

These Terms should be read together with our Privacy Policy and Cookie Policy.

By accessing, browsing or using the Website, submitting an enquiry, requesting a callback, booking a test drive, reserving a vehicle, submitting a vehicle for valuation or sale, or using any other service offered through the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms.

If you do not agree with these Terms, please do not use the Website or its services.

1. ABOUT AUTOBEST

AutoBest is engaged in the business of pre-owned and luxury automobiles and provides services relating to the buying and selling of vehicles, vehicle reservations, vehicle valuation, test drives, financing assistance, insurance assistance, vehicle servicing and other related automotive services.

AutoBest's Website provides information about vehicles available for sale and enables users to submit enquiries and requests relating to AutoBest's services.

Legal Entity: AUTOBEST AUTOMOTIVE (INDIA) PRIVATE LIMITED

Business Address:
AutoBest / Autobest Emporio
D4 First Floor, Ring Rd, Rajouri Garden, New Delhi, Delhi 110027
Email: [email protected]
Phone: +918888588886

2. ELIGIBILITY TO USE THE WEBSITE

2.1

The Website and services are intended for individuals who are legally capable of entering into a binding contract under applicable Indian law.

2.2

You represent that:

• You are at least 18 years of age;
• You have the legal capacity to enter into a binding agreement;
• The information provided by you is accurate and complete;
• You are not prohibited by applicable law from using the Website or services.

2.3

If you are using the Website on behalf of a company, firm or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2.4

AutoBest reserves the right to refuse, restrict or terminate access to the Website or any service where it reasonably believes that these Terms or applicable law have been violated.

3. USE OF THE WEBSITE

You agree to use the Website only for lawful purposes.

You must not:

• Use the Website for fraudulent, unlawful or unauthorised purposes;
• Submit false, misleading or inaccurate information;
• Impersonate another person or entity;
• Attempt to gain unauthorised access to the Website, servers or systems;
• Introduce viruses, malware or other harmful code;
• Interfere with the operation or security of the Website;
• Copy, reproduce, modify or distribute Website content without permission;
• Use automated tools, bots, spiders or scraping technologies to extract Website content without prior written permission;
• Attempt to bypass security or access restrictions;
• Use information obtained from the Website for unauthorised commercial purposes;
• Engage in activity that may interfere with another user's access to the Website.

AutoBest may suspend or restrict access where it reasonably believes that the Website is being misused.

4. VEHICLE LISTINGS

AutoBest may display information about pre-owned and other vehicles available for purchase, including:

• Manufacturer and model;
• Variant;
• Manufacturing year;
• Registration year;
• Mileage;
• Fuel type;
• Transmission;
• Engine specifications;
• Colour;
• Interior specifications;
• Features and equipment;
• Warranty information, where applicable;
• Insurance information, where applicable;
• Vehicle photographs and videos;
• Vehicle location;
• Price;
• Reservation amount; and
• Other vehicle-related information.

AutoBest makes reasonable efforts to keep vehicle information accurate and updated. However, vehicle availability, specifications, mileage, pricing, features and other information may change without prior notice.

The information displayed on the Website should not be treated as a substitute for physical inspection, verification of documents or independent evaluation of the vehicle.

Customers are encouraged to inspect the vehicle and verify relevant information before completing a purchase.

5. VEHICLE CONDITION AND INSPECTION

Pre-owned vehicles may have had previous owners, usage, servicing, repairs or modifications.

The condition of a vehicle may vary depending on its age, mileage, maintenance history, usage and other factors.

Where applicable, AutoBest may provide information regarding the vehicle's condition, inspection or service history.

However, customers should verify all material details relating to a vehicle before purchase, including:

• Vehicle condition;
• Mileage;
• Service history;
• Accident history;
• Insurance history;
• Ownership history;
• Registration details;
• Vehicle documentation;
• Warranty coverage;
• Accessories and features; and
• Any other information material to the purchase decision.

Any specific warranty or assurance applicable to a vehicle will be governed by the terms communicated separately for that vehicle.

6. VEHICLE PRICES

Prices displayed on the Website are subject to change.

Unless expressly stated otherwise, the price displayed for a vehicle may not include every charge associated with the purchase.

Depending on the transaction, additional amounts may apply towards:

• Applicable taxes;
• Registration-related charges;
• Insurance;
• Financing-related charges;
• Government fees;
• Transfer charges;
• Accessories;
• Service or repair work; or
• Other applicable charges.

The final purchase price and applicable charges will be communicated to the customer before completion of the transaction.

7. VEHICLE RESERVATION

Certain vehicles displayed on the Website may be available for reservation.

Where reservation functionality is available, the customer may reserve the vehicle by following the process specified on the Website.

AutoBest currently displays a reservation amount of 10% of the listed vehicle price for applicable vehicles. The applicable reservation amount will be displayed to the customer before payment.

7.1 Reservation Does Not Automatically Complete the Sale

Payment of a reservation amount does not, by itself, constitute completion of the sale or transfer of ownership of the vehicle.

The sale remains subject to:

• Vehicle availability;
• Verification of customer information;
• Verification of vehicle documentation;
• Completion of applicable paperwork;
• Payment of the remaining purchase amount;
• Applicable registration and transfer requirements; and
• Final confirmation by AutoBest.

7.2 Reservation Cancellation and Refund

The cancellation, refund or adjustment of a reservation amount will be governed by the reservation terms communicated to the customer at the time of reservation.

7.3

AutoBest reserves the right to cancel a reservation where:

• The vehicle is no longer available;
• The customer fails to complete required documentation;
• The customer provides inaccurate or misleading information;
• Payment is not successfully completed;
• The transaction cannot legally be completed; or
• Other circumstances make completion of the transaction impractical or unlawful.

Any refund arising from AutoBest-initiated cancellation will be handled according to the applicable reservation terms.

8. TEST DRIVE

Customers may request a test drive of an available vehicle by contacting AutoBest or using the relevant functionality on the Website.

Test drives are subject to:

• Vehicle availability;
• Appointment confirmation;
• Valid driving licence;
• Applicable identification requirements;
• Applicable safety requirements; and
• AutoBest's test-drive procedures.

AutoBest may refuse or reschedule a test drive where required for safety, operational or legal reasons.

A test drive does not create an obligation on either party to complete a vehicle purchase.

9. PURCHASE OF A VEHICLE

A vehicle purchase will be completed only after the applicable transaction requirements have been fulfilled.

These may include:

• Customer verification;
• Vehicle inspection;
• Document verification;
• Agreement on the final price;
• Payment of the applicable purchase amount;
• Completion of sale documentation;
• Registration or ownership transfer requirements; and
• Any other applicable legal or operational requirements.

An enquiry, quotation or reservation should not be interpreted as a completed vehicle sale unless expressly confirmed by AutoBest.

10. SELLING YOUR CAR TO AUTOBEST

AutoBest allows customers to submit vehicle details for valuation and potential purchase.

Submitting vehicle details through the Website does not guarantee that AutoBest will purchase the vehicle or offer a particular price.

AutoBest may evaluate the vehicle based on factors including:

• Make and model;
• Manufacturing and registration year;
• Mileage;
• Vehicle condition;
• Exterior and interior condition;
• Mechanical condition;
• Accident or damage history;
• Service history;
• Insurance history;
• Ownership history;
• Market conditions;
• Vehicle documentation; and
• Other relevant factors.

AutoBest's current selling process includes online submission of vehicle details followed by an inspection and valuation process.

Any preliminary online valuation or indicative price may be revised following physical inspection or verification.

The final purchase offer will be subject to AutoBest's assessment and the information verified during the transaction.

11. ACCURACY OF INFORMATION PROVIDED BY SELLERS

If you submit a vehicle for sale, you agree to provide accurate and complete information.

You must disclose, where applicable:

• Correct registration details;
• Ownership details;
• Accurate mileage;
• Accident or damage history;
• Insurance claims;
• Outstanding loans or hypothecation;
• Modifications;
• Major repairs;
• Mechanical issues; and
• Other material information relating to the vehicle.

AutoBest reserves the right to revise or withdraw an offer if information provided by the seller is inaccurate, incomplete or materially different from the vehicle's actual condition.

12. VEHICLE DOCUMENTATION AND OWNERSHIP

Customers may be required to provide valid documents relevant to the purchase or sale of a vehicle.

Depending on the transaction, these may include:

• Registration Certificate;
• PAN card;
• Identity proof;
• Address proof;
• Insurance documents;
• Pollution Under Control certificate;
• Ownership-related documents;
• Clearance or NOC documents, where applicable;
• Forms required for transfer of ownership; and
• Other documents required under applicable law.

AutoBest may request additional documentation where reasonably necessary to complete a transaction.

Customers are responsible for ensuring that documents submitted by them are genuine, valid and accurate.

13. OWNERSHIP AND RC TRANSFER

Where AutoBest assists with registration or ownership transfer, such assistance will be subject to applicable laws, RTO requirements and the documentation provided by the parties.

The completion of an ownership transfer depends on the relevant authorities and may be affected by documentation, statutory requirements, pending dues, hypothecation, NOCs or other circumstances beyond AutoBest's control.

Any timelines communicated by AutoBest for such processes are estimates unless expressly confirmed otherwise.

14. FINANCING SERVICES

AutoBest may facilitate or assist customers in obtaining vehicle financing through banks, financial institutions or other financing partners.

AutoBest may assist with:

• Loan enquiries;
• Connecting customers with financing institutions;
• Documentation support;
• Financing-related information;
• Application coordination; and
• Other assistance relating to vehicle financing.

The approval, rejection, interest rate, tenure, processing fee, down payment, EMI and other terms of any loan or financing facility are determined by the relevant financial institution.

AutoBest does not guarantee approval of any financing application.

Customers should carefully review the terms and conditions of the relevant lender before accepting a loan or financing facility.

The EMI calculator provided on the Website is for indicative purposes only. Actual EMI and financing costs may differ from the estimates displayed.

15. INSURANCE SERVICES

AutoBest may facilitate insurance-related services and connect customers with insurance providers or intermediaries.

Insurance policies are issued by the relevant insurance provider and are subject to that provider's:

• Policy terms;
• Conditions;
• Exclusions;
• Premiums;
• Underwriting requirements;
• Coverage limits; and
• Claim procedures.

AutoBest does not guarantee the acceptance of an insurance proposal or settlement of any insurance claim.

Customers should review the applicable insurance policy documents before purchasing insurance.

16. VEHICLE SERVICING AND RELATED SERVICES

AutoBest provides or facilitates automotive servicing and related services for vehicles.

These may include:

• Routine servicing;
• Repairs;
• Detailing;
• Insurance claim assistance;
• Vehicle diagnostics;
• Paint-related work;
• Other automotive services.

AutoBest's Website provides online appointment functionality for servicing, and customers can submit vehicle and appointment information for confirmation by the AutoBest team.

Service availability, estimated completion time, pricing and scope of work may vary depending on the vehicle and work required.

Additional repairs or work identified during inspection may require customer approval before such work is undertaken.

17. PAYMENTS

Where online payments are enabled, payments may be processed through third-party payment service providers.

Customers agree to provide accurate payment information and to comply with the applicable terms of the payment provider.

AutoBest is not responsible for delays, failures or errors attributable solely to a third-party payment gateway, bank or financial institution.

Any applicable refund will be processed in accordance with the relevant transaction, cancellation and refund terms.

18. THIRD-PARTY SERVICES

AutoBest may work with third parties to facilitate certain services, including:

• Banks and financial institutions;
• Insurance providers;
• Insurance intermediaries;
• Payment service providers;
• Vehicle service providers;
• Technology providers;
• Communication providers; and
• Other business partners.

The services provided by such third parties may be governed by their own terms and policies.

AutoBest is not responsible for independent third-party services beyond the scope of services directly provided by AutoBest.

19. USER INFORMATION

Information submitted by users must be accurate, complete and current.

You agree that AutoBest may use the information submitted by you for purposes necessary to provide the requested services, process enquiries and transactions, communicate with you and comply with applicable legal requirements.

The collection and processing of personal information is governed by AutoBest's Privacy Policy.

20. INTELLECTUAL PROPERTY

All content available on the Website, including:

• Text;
• Logos;
• Images;
• Photographs;
• Videos;
• Graphics;
• Designs;
• Website layout;
• Icons;
• Software;
• Vehicle descriptions; and
• Other materials

is owned by AutoBest or used under applicable rights or licences, unless otherwise stated.

You may access and use the Website for personal and legitimate purposes.

You may not, without prior written permission:

• Copy Website content;
• Reproduce Website content;
• Modify Website content;
• Republish Website content;
• Distribute Website content;
• Sell Website content;
• Use Website content for commercial purposes; or
• Create derivative works from Website content.

Vehicle manufacturer names, logos and trademarks displayed on the Website remain the property of their respective owners.

21. USER-GENERATED CONTENT

Where the Website allows users to submit reviews, feedback, photographs, comments or other content, you are responsible for the content you submit.

You represent that:

• You have the right to submit the content;
• The content is accurate to the best of your knowledge;
• The content does not violate applicable law;
• The content does not infringe third-party intellectual property rights; and
• The content does not contain malicious or unlawful material.

AutoBest may remove content that violates applicable law or these Terms.

22. WEBSITE AVAILABILITY

AutoBest makes reasonable efforts to keep the Website available and functioning.

However, we do not guarantee that the Website will:

• Always be available;
• Operate without interruption;
• Be completely error-free;
• Be free from viruses or harmful components;
• Be compatible with every device or browser; or
• Always contain complete, accurate or current information.

The Website may occasionally be unavailable due to maintenance, technical issues, security events or circumstances outside AutoBest's control.

23. INFORMATIONAL DISCLAIMER

Information published on the Website is provided for general informational and business purposes.

Vehicle availability, prices, specifications, photographs, features, financing information, insurance information and service information may change.

The presence of a vehicle on the Website does not guarantee that it will remain available until you contact or visit AutoBest.

Customers should verify material vehicle and transaction details with AutoBest before making a purchase or financial commitment.

24. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, AutoBest shall not be liable for indirect, incidental, special, consequential or exemplary losses arising from:

• Use or inability to use the Website;
• Reliance on information displayed on the Website;
• Third-party websites or services;
• Temporary Website interruptions;
• Delays caused by third parties;
• Financing decisions made by lenders;
• Insurance decisions made by insurers;
• Government or RTO processes; or
• Events outside AutoBest's reasonable control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

25. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless AutoBest, its employees, representatives, affiliates and service providers against claims, losses, liabilities, damages and expenses arising from:

• Your violation of these Terms;
• Your misuse of the Website;
• False, inaccurate or misleading information submitted by you;
• Your violation of applicable law;
• Your violation of another person's rights; or
• Your unauthorised use of Website content.

26. SUSPENSION AND TERMINATION

AutoBest may suspend, restrict or terminate your access to the Website or any service if:

• You violate these Terms;
• You provide false or misleading information;
• You engage in fraudulent or unlawful activity;
• Your use creates a security risk;
• Your conduct adversely affects AutoBest or other users; or
• Access is required to be restricted under applicable law.

Termination or suspension will not affect rights or obligations that have accrued before termination.

27. CHANGES TO THESE TERMS

AutoBest may modify these Terms from time to time to reflect changes in:

• Our services;
• Website functionality;
• Business practices;
• Technology; or
• Applicable laws and regulations.

The revised Terms will be published on the Website with an updated “Last Updated” date.

You should review the Terms periodically.

Your continued use of the Website following publication of revised Terms will constitute acceptance of the revised Terms, to the extent permitted by applicable law.

28. PRIVACY

Your use of the Website is also governed by our Privacy Policy and Cookie Policy.

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

Our Cookie Policy explains our use of cookies and similar technologies.

29. GOVERNING LAW

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

Subject to applicable law, disputes arising from or relating to these Terms, the Website or services provided by AutoBest shall be subject to the jurisdiction of the courts in Delhi, India.

30. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable by a competent authority, that provision shall be modified or interpreted to the extent necessary to make it enforceable, and the remaining provisions shall continue to remain in effect.

31. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Cookie Policy and any transaction-specific terms communicated by AutoBest, constitute the agreement governing your use of the Website and the relevant services.

Where specific written terms are provided for a particular transaction, those terms will apply to that transaction to the extent of any inconsistency with these general Terms.

32. CONTACT US

For questions regarding these Terms & Conditions, please contact: