Users making a purchase on the Website shall be referred to as the “Buyer” and Users selling their products by listing them on the Website shall be referred to as the “Seller”.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When You use the Website, or send emails or other data, information or communication to Us and provide Your information required for availing the Services, You agree and understand that You are communicating with Us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMSs from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform that Users utilize to inter alia get required information, meet and interact with one another for their transactions and share their reviews about automobiles and Sellers. Vroom and this Website shall in no matter be held responsible for any opinion expressed, review made by any of the Users on this Website and/ or is not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms may include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Vroom does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. Vroom does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Vroom does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Vroom accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Vroom is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Vroom cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Vroom shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. Vroom does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Vroom does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall Vroom hold any right, title or interest over the products nor shall Vroom have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Vroom is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Vroom is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
8. Vehicle inspections are performed by independent, third-party mechanics and/ or auto repair shops. Vroom does not own, operate, or control any repair shop or mechanic designated as a Vroom certified inspection location, station or shop or employ any third-party mechanics and, as such, Vroom does not guarantee the inspection results.
INSPECTION REPORTS ARE NOT A WARRANTY OR GUARANTEE ON THE VEHICLE. NEITHER VROOM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN AN INSPECTION REPORT.
Used car buyers and Users of this Website, agree and acknowledge that they will not rely solely on an Inspection report in their decision to buy a vehicle.
9. The inspection report is meant to cover certain items, but not all mechanical components of a vehicle. The inspection reports available for the vehicles may not be updated with the latest information about the vehicles and items that may appear acceptable now, may need work or attention shortly after the inspection is completed. Vroom is not liable or responsible for any damage to your vehicle caused during the inspection or while your vehicle is in the possession of the mechanic or auto repair shop.
10. Vroom provides guidelines on how to perform the 5-segment, 121 points plus mechanical inspection, but other than this, Vroom or the Website has no control or authority over such mechanics. Vroom implements procedures to seek out quality mechanics, but does not guarantee the work of any mechanic, as each mechanic operates separately and independently without any control or direct supervision from Vroom.
11. At no time shall Vroom hold any right, title or interest over the products nor shall Vroom have any obligations or liabilities in respect of such contract.
12. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
13. You/ Users of the Website release and indemnify Vroom and/or any of its officers, assigns and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You/ User may have in this behalf under any applicable law(s). Notwithstanding the indemnification mentioned hereinabove, despite its reasonable efforts in that behalf, Vroom cannot take responsibility or control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
14. Please note that there could be risks in dealing with underage persons or people acting under false pretense and Users are expected to conduct due diligence in this regard.
Membership on the Website is free for buyers. Vroom does not charge any fee for browsing and/ or buying/ transacting on the Website. Vroom reserves the right to change its Fee Policy from time to time at its sole discretion. In particular, Vroom may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Vroom reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Bangladesh Taka. You/ Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to Vroom, wherever applicable.
USE OF THE WEBSITE
You/ Users agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
1. Belongs to another person and to which You do not have any right to;
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. Is misleading in any way;
4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. Harasses or advocates harassment of another person;
6. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
9. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. Contains video, photographs, or images of another person (with a minor or an adult).
14. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
16. Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
17. Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
19. Harm minors in any way;
20. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
21. Violates any law for the time being in force;
22. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23. Impersonate another person;
24. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programing routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
25. Threatens the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. The User of this Website is required to ensure and undertakes that the information provided on this Website or any actions of the User(s) on this Website shall:
1. not be false, inaccurate or misleading;
2. not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
3. not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
4. not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity;
5. not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
6. not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website;
7. not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any other person/ entity or otherwise engage in any conduct or action that might tarnish the image or reputation, of Vroom or Sellers on platform or otherwise tarnish or dilute any Vroom's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Vroom's systems or networks, or any systems or networks connected to Vroom;
8. not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
9. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
11. at all times ensure full compliance with the applicable provisions of the Information Technology Act and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations regarding Your use of Our Services and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
3. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
6. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
7. It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
8. Vroom shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CONTENTS POSTED ON WEBSITE:
A.) THIRD PARTY CONTENT:
B.) USER GENERATED CONTENT:
Vroom prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
• Report offensive Display Names
• Report offensive language in a listing or therewise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Vroom will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
VIOLATIONS OF THIS POLICY MAY RESULT IN A RANGE OF ACTIONS, INCLUDING:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension
EMAIL ABUSE & THREAT POLICY
Private communication, including email correspondence, is not regulated by Vroom. Vroom encourages its Users to be professional, courteous and respectful when communicating by email.
However, Vroom will investigate and can take action on certain types of unwanted emails that violate Vroom policies
SUCH INSTANCES INCLUDE:
1. Threats of Bodily Harm - Vroom does not permit Users to send explicit threats of bodily harm.
2. Misuse of Vroom System - Vroom allows Users to facilitate transactions through the Vroom system but will investigate any misuse of this Service.
3. Spoof (Fake) email - Vroom will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the 'Contact Us' tab.
4. Spam (Unsolicited Commercial email) - Vroom's spam policy applies only to unsolicited commercial messages sent by Vroom Users. Vroom Users are not allowed to send spam messages to other Users.
5. Offers to Buy or Sell Outside of Vroom - Vroom prohibits email offers to buy or sell listed products outside of the Vroom Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Vroom policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status
1. Any dealer/ Seller found abusing/misusing the Vroom platform or promotions will be suspended and may face legal action.
2. Any Seller caught violating Vroom policy(s) will be suspended for 3 weeks and all their payments will be put on hold. If a Seller is suspended more than 3 times they will permanently banned from selling at Vroom.
3. Any vehicle submitted for promotions must be held for specified duration.
4. In case of any policy violation, Vroom reserves the rights to cancel any order while the Seller will still be liable to pay selling service fees to Vroom.
5. One Seller should have only one account with Vroom. Any seller found with multiple accounts with Vroom will be liable to have their account suspended and be liable to legal action.
6. Sellers need to submit a copy of a cancelled cheque to Vroom as proof of their bank account at the time of on boarding.
7. Vroom shall deduct tax as per NBR guidelines.
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the transaction. Use of the payment facility shall not render Vroom liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Vroom's Website.
3. You understand, accept and agree that the payment facility provided by Vroom is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the Vroom Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Vroom is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
4. PAYMENT FACILITY FOR BUYERS:
1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the payment facility, and You shall pay the transaction price through Your issuing bank/ instrument to the Seller using the payment facility.
3. You, as a Buyer, shall electronically notify the payment facility using the appropriate Vroom Website features immediately upon delivery or non-delivery within the time period as provided. Non-notification by You of delivery or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
4. You, as a Buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided, whichever is earlier. In case you do not raise a refund claim using the Website features within the stipulated time than this would make You ineligible for a refund.
5. You, as a Buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or Services and/or transactions and hence You may not be entitled to a refund in respect of the Transactions for those products and /or Services.
6. Except for Cash on Delivery transaction, refund, if any, shall be made at the same issuing bank/ through the same instrument from where transaction price was received.
7. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
8. For electronics payments and Cash on Delivery transactions, refunds, if any, shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
9. Refund shall be conditional and shall be with recourse available to Vroom in case of any misuse by Buyer.
5. Vroom reserves the right to impose limits on the number of transactions or transaction Price which Vroom may receive from on an individual valid Credit/Debit/ Cash Card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
6. Vroom reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Vroom or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
7. Vroom may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Vroom. As a result of such check if Vroom is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.
8. Vroom may delay notifying the payment confirmation i.e. informing Seller to dispatch, if Vroom deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Vroom may hold transaction price and Vroom may not inform Seller to dispatch, remit transaction price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
9. The Buyer and Seller acknowledge that Vroom will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond control of Vroom.
DISPUTES VIA CHARGEBACK
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies.
2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller.
3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
LIMITATION OF LIABILITY