The document, being an electronic record generated by a computer system, does not require any physical or digital signature.
Terms of Use
Welcome to the “www.gaadiexperts.com” website, owned and managed by Elegant Smart Serve Private Limited, a company incorporated under the Companies Act, 2013 (18 of 2013). The mailing address is: Elegant Smart Serve Pvt. Ltd, Office No. 410, 4th Floor, Pearl Best Heights-II, Netaji Subhash Place, New Delhi-110034. For inquiries, email: auction@gaadiexperts.com.
The website provides a virtual platform for auction houses to facilitate the salvage of automobiles for insurance companies or any other businesses that choose to use the website’s online platform to make their products available for sale to the public.
These terms of use (Terms of Use) are provided for convenience. Any use, access, or login to the website, and conducting service orders or purchases using the website, constitutes confirmation that you have read and agreed to be bound by: (i) these Terms of Use; (ii) the terms of use of the Product’s Seller from which you make a purchase; (iii) any notice displayed on the website and/or by the Sellers; and (iv) the terms of any Service or Product you accessed through the website.
It is clarified that the Products supplied and sold via the website are sold and supplied solely by third parties. The website merely serves as a platform allowing Users and Sellers to engage in the sale and purchase of Products. Therefore, the applicable Seller shall be solely responsible for any Product sold by them, including its quality, nature, and conditions of sale and supply. The supply shall be made solely by the Seller. Additionally, the User is responsible for performing all necessary checks required to complete a purchase prior to making the actual purchase via the website. This includes, but is not limited to, physically viewing the items (on dates and places indicated on the applicable product page) and checking the terms of sale presented by the applicable Seller, including any costs associated with the price of the Product being sold.
You hereby represent and warrant that you are qualified and authorized to engage in and be bound by the obligations specified in these Terms of Use. If you make any service order, you declare that you are at least 18 years old. If you do not agree to the foregoing, you are not authorized to use the services offered via the website.
These Terms of Use constitute a binding legal agreement; therefore, it is recommended that you read them carefully.
1. Definitions
I. “Website” – refers to “www.gaadiexperts.com” and/or Elegant Smart Serve Private Limited, its employees, representatives, webmaster, mobile application(s), the website’s management, and/or anyone acting on behalf of the website.
II. “Users” and/or “Buyers” – refers to the website’s registered users, bidders, and/or buyers who use the website and/or anyone acting on their behalf.
III. “Seller” and/or “Sales House” – refers to parties who approach www.gaadiexperts.com to list and/or sell their vehicles on the platform via the website, having the undisputed legal right and/or authority to sell the vehicle. This can include individuals, firms, companies, any legal entities, or anyone appointed by a court or by the execution authority or any other competent authority to sell the product via the website’s bidding process.
IV. “Products”, “Services”, “Items” – refers to any product and/or service offered for auction sale via the website.
V. “Auction” – refers to a sale where a starting price is set, and any user interested in purchasing the product being sold must place a bid. The user who offers the highest price at the end of such sale shall “win” the sale.
VI. “Portal(s)” – refers to sections of sale within the website and mobile applications.
VII. Elegant Smart Serve Private Limited – can also be referred to as “ESSPL,” “410, 4th Floor, Pearl Best Heights-II, Netaji Subhash Place, New Delhi-110034,” “Company,” “Service Provider,” or “Auctioneer.”
2. Services Offered and Conditions
I. The Website provides a feature-rich, web-based, automated platform for real-time auctions of a wide variety of new and pre-owned motor vehicle assets, including 4-wheelers (such as passenger cars), 2-wheelers, 3-wheelers, commercial vehicles, construction equipment, farm equipment, and more.
II. Any product offered for auction sale via the Website by a seller will be placed and displayed on a designated auction page where relevant information regarding the applicable product will be provided.
III. The Website allows only registered users to place bids in auctions for specific or multiple vehicles, all on an “as-is, where-is” basis.
IV. All bids placed for any vehicle in auctions via the Website/Mobile app are binding. If your bid is selected as the winning bid, you are required to exercise the bid. Cancellation of bids and/or purchases is not possible after the auction expires.
V. As all auctions are “Post Approval,” the seller is not obligated to accept the highest bid or any bid. The seller may hold an additional bidding process between some or all bidders, extend the deadline for bid submissions, extend the bidding process time, or cancel the bidding process, all at their sole discretion and subject to applicable law.
VI. The price offered by bidders in auctions for a vehicle is a net price for that vehicle only. A standard transaction fee (as mentioned in the “Fees and Payments” section) of the winning bid shall be payable by the bidder to Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com. The winner is responsible for paying all fees associated with the use of the Website and agrees to bear any applicable taxes, charges, cesses, etc.
VII. In the event of non-payment (of membership fee, security deposit, auction fee, etc.), not honoring the winning bid, or late/no-response to any auction obligation, Elegant Smart Serve Pvt. Ltd. (410, 4th Floor, Pearl Best Heights-II, Netaji Subhash Place, New Delhi-110034) reserves the right to temporarily or indefinitely suspend or terminate your membership, forfeit part or all of any deposit made to the Website, refuse access to the Website, consider you as BACKOUT, and may take legal action.
VIII. In case of any buyer issue, we may consider the user’s performance history and specific circumstances when applying our policies. We may choose to be more lenient with policy enforcement to do the right thing for buyers. This does not limit or impair our right to refuse, modify, or terminate all or part of our services to anyone or to terminate this agreement with anyone for any reason at our discretion.
IX. All vehicle images presented on an auction page are for reference purposes only, and there may be differences between the images presented and the actual product. It is suggested that bidders physically inspect the vehicle and not solely rely on the images presented on the Website.
3. Applying for Membership
I. Access to the Website is available only to individuals (as registered Bidders) who can form legally binding contracts under the Indian Contract Act, 1872. You must be 18 years or older or at least the age of majority in your jurisdiction of residence or from which you use this Service. To access and use the Services, you must agree to all Terms and Conditions after thoroughly reading them, and register for an Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com account by paying the requisite Registration Fee/Membership Fee and depositing the Security Deposit (through cheque/draft/NEFT/RTGS/IMPS only).
II. You must provide your full legal name, current address, phone number, a valid email address, and any other required information. Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com may reject your application for an Account or cancel an existing Account for any reason, at our sole discretion. The provided email address and phone number will be used as the primary methods for communication.
III. It is your obligation to provide true, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system, and computer network. You are also responsible for all activities that occur under your User ID and Password. Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com cannot and will not be liable for any loss or damage resulting from your failure to maintain the security of your Account.
IV. Your membership shall be reviewed and renewed annually by paying the annual membership fee (for 1 calendar year) to maintain continuous access to the Platform and associated services. Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com reserves the right to change, alter, or waive the Registration Fee, annual Membership Fees, or Security Deposit at any time with or without notice.
V. If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and have the authority to bind that business entity to this User Agreement and Privacy Policy.
4. Fees and Payments
I. All fees are in Indian National Rupees (₹) only.
II. Visit our website https://gaadiexperts.com/registration-process/, register now section to learn about fees and payments to Gaadiexperts.
III. You can become a member/buyer/user of the services offered by the Website for one (1) calendar year by paying the Registration Fee and Security Deposit.
IV. The Account Renewal Fee is applicable only if the user pays the amount on or before the account expiry date. After the expiry date, the registration fee amount will be applicable for account re-activation.
V. The Vehicle/Auction Fee will be calculated on the winning bid amount of every Auction Sale and becomes due and payable by the Buyer once confirmation of the acceptance of the Winning Bid is conveyed to them.
VI. A non-interest-bearing refundable security deposit (minimum of ₹10,000) will be collected from all Member applicants (via cheque/draft/NEFT/RTGS/IMPS only) at or post-registration. This will be returned to the respective Buyer only upon their request or upon the expiry/early termination of this Agreement, provided all invoices and charges have been paid in full and nothing remains due. All refunds shall be credited to the Bank Account provided by the Buyer, and their account access will be rescinded. If the bank account is not valid, the refund will be made by check and mailed to the Buyer at the address on file with Elegant Smart Serve Pvt. Ltd. 410, 4th Floor, Pearl Best Heights-II, Netaji Subhash Place, New Delhi-110034 within 45 days of receipt of the written request and verification of the amount due.
VII. Offline/Direct Purchases/Pre-Approved Sales are those deals pre-approved by the seller to Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com. These can be finalized via Auction sale, electronic communication, or both to interested buyers as per applicable Auction/Vehicle Fee.
VIII. The Buyer will be accountable for paying a Penalty Fee to the Seller or Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com in the event of failure to perform any auction sale obligation or being considered a BACKOUT for any reason. An applicable amount shall be levied against any charges and dues outstanding and payable by the Bidder to the Auctioneer or Seller, including but not limited to non-payment of the Total Price to the Seller within the prescribed time period, refusal to honor the Total Price including the Winning Bid, non-payment of the Success Fee to the Auctioneer, or violation of any other term of this Agreement resulting in any loss or damage to the Auctioneer or Seller.
IX. You undertake to use any means of payment according to the law and in accordance with the instructions of the owner and/or the issuer of such means of payment.
X. The Company’s records and/or those of anyone on its behalf shall constitute prima facie evidence of the execution of a purchase by you.
XI. You undertake to keep your password and username details in strict confidence. Any activity, including logging into your account using your password, will bind you in all respects.
5. Limitation of Website’s Liability
I. The information on the Website is provided on an “AS IS,” “WHERE-IS,” and “AS AVAILABLE” basis. We do not guarantee its accuracy or correctness. While we strive to keep our Services safe, secure, and functional, we cannot guarantee continuous operation or access. Bid updates and other notifications may not occur in real time and are subject to delays beyond our control.
II. Content on the Website is uploaded based on information provided by Sellers and is published without prior examination by us.
III. Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com operates as an online brokerage platform between individuals/entities transacting vehicles through the platform. This includes owners, insurance companies, banks, financial institutions, new vehicle dealers acting on behalf of owners, other authorized Sellers, and Buyers. The Website is not responsible for the content or availability of services on the Website or linked websites.
IV. To the fullest extent permitted by law, Users agree that the Company, including its representatives, employees, officers, affiliates, licensors, suppliers, directors, managers, shareholders, and/or agents shall not be held liable for: i. Any damage (direct or indirect) caused to Users or any third party in relation to their use of the Website and/or Services. ii. Any malfunction, error, or omission of the Website and/or Services. iii. Any direct, indirect, consequential, incidental, special, punitive, exemplary, or other indirect damages under any legal theory due to access to or use of the Website and/or Services, or due to any hindrance in accessing or using the Website, even if the Company has been advised of the possibility of such damages.
V. The Website does not guarantee the quality of work or services rendered by Suppliers and is not responsible for their standard and/or ongoing activities. The Website shall not be liable for any damages caused to Sellers and/or Buyers in connection with transactions involving such Suppliers. Users are solely responsible for using any payment means, and the Website shall not be held responsible for any related damages, including leakage of details or theft.
VI. If the Company is found liable for any loss or damage connected with your use of the Website and/or Services, the Company’s liability will not exceed, in the aggregate, the total amount paid by you for the use of the Website and/or Services during the twelve (12) months immediately preceding the event that gave rise to the claim, or if no such amount was paid.
VII. The Website may contain links to other websites. The display of such links does not imply approval of third-party websites’ content or reliability. The Website is not liable for information or services displayed on other websites.
VIII. The Website reserves the right to change, remove, or omit any information from content uploaded. Additionally, the Website may, with or without notice, postpone or cancel an Auction Sale or withdraw a Vehicle from Auction Sale at its sole discretion, with no liability or obligation to the Bidder as a result of any withdrawal, postponement, or cancellation.
IX. The Website is not committed to continuous and proper operation or to the execution of any transaction. The Website shall not be liable for any malfunctions resulting from the transfer of information between Buyers and Sellers.
X. The Website operates solely as a platform and is not responsible for the correctness and accuracy of any publications, changes in time, dates, or any other information relating to Auction sales.
XI. The Website reserves the right to cancel an Auction Sale in the event of fraud, misrepresentation, or defects in the Vehicle description as determined by the Seller and to block Users at its sole discretion.
XII. The Website may include third-party advertisements. The Company is not responsible for the content of these advertisements or for the suitability of the Products and/or Services marketed through them. The Company does not recommend or encourage Users to purchase the advertised Products and/or Services.
XIII. Product images presented on the Website are for illustration purposes only, as provided by the applicable Sellers for advertising purposes.
XIV. The Company and/or the Website do not supervise or guarantee the reliability and accuracy of the information presented, the level of service of the Sellers, delivery schedules, the compatibility between images and Products supplied, etc.
XV. Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com and the Website are only bound by the terms of these Terms of Use. Where there is a conflict or discrepancy between these Terms of Use and other sources, including the terms of use of each Sales House, Receiver, Estate Manager, and/or Trustee (referred to as “Other Source”), the provisions of these Terms of Use shall prevail, provided they expand the rights of Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com and/or the Website and do not reduce their liability.
XVI. The contents of the Website, including these Terms of Use, may be translated into different languages. Only the Hebrew translation of the content of the Website, including these Terms of Use, shall bind Elegant Smart Serve Pvt. Ltd. or gaadiexperts.com. Any translations made are for User convenience only.
6. Limited License
I. Subject to your compliance with these Terms of Use, you are granted a limited, personal license to use the Website’s services.
II. The use of the Website and its services is subject to the laws of India and all applicable local regulations. By agreeing to these Terms of Use, you undertake to comply with all relevant local and national laws and regulations relating to the use of the Website or its services in general, and online Auctions in particular.
III. Each User is permitted to hold only one account.
IV. Users who have been blocked from using the Website are strictly prohibited from using others’ accounts or opening new accounts with others’ information.
V. The Website and its representatives do not obligate themselves to maintain information stored about you. You are solely responsible for keeping and backing up any information related to you.
VI. It is strictly forbidden to perform any robotic scan of the Website or to impose an unreasonable load of traffic on its servers.
VII. The Website and its representatives reserve the right to terminate the Website’s activity at any time without prior notice. There is no warranty regarding the Website’s availability. You undertake to provide the Website and its representatives with accurate information and not to mislead, impersonate, slander, infringe privacy rights, or act unlawfully in any manner.
VIII. If you wish to delete your account, please contact us at auction@gaadiexperts.com. Note that information related to offers made by a User will not be deleted, and the User will be charged for such offers in accordance with these Terms of Use.
IX. The Website and its representatives shall not be liable for any malfunctions caused by cyber intrusions, force majeure, deliberate or unintentional malfunctions, hostile actions, acts of war, terrorist activities, natural disasters, malfunctions of credit clearing companies, or any other reasons not deriving from the Website’s activity, whether by act or omission.
X. While using the Website, you undertake not to: (a) Perform or attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, basic structure, ideas, or algorithms of the Website; (b) Modify, translate, or create derivative works based on the Website or its contents; (c) Copy, rent, lease, distribute, transfer, or allow any use of the Website by a third party; (d) Use the Website for the purpose of cooperating with a third party; (e) Break into, disturb, or disrupt the Website’s activity or otherwise attempt to gain unauthorized access to the Website; or (f) Perform any manipulation or attempt to manipulate the selling price of a Product sold as part of an Auction and/or any bidding process performed on the Website by any means, including placing bids by other Users or instructing others to place bids to purchase a certain Product.
7. Ownership of Intellectual Property
I. You agree not to infringe upon the copyrights, intellectual property rights, or any other rights (under applicable law) of the Website or any third party. You must refrain from damaging, altering, or disrupting any of the Website’s content or infringing upon any other third-party rights.
II. All rights and intellectual property presented on the Website are solely owned by the Website or other entities with the right to use such rights. These rights are protected by law and include, but are not limited to, accounts, titles, computer code, subjects, objects, characters, names, stories, dialogues, key phrases, locations, ideas, artistic presentations, animations, sounds, musical compositions, images, sound effects, operating methods, buyer lists, market segmentation, user lists, graphics, and user-supplied information.
III. Unless otherwise indicated by a logo or trademark of another party, the contents of the Website are presumed to be the sole property of the Website.
IV. Any unauthorized copying, photocopying, translation, storage in a database, transmission or reception by any electronic, optical, mechanical, or other means, or any commercial use in whole or in part, as well as the creation of derivative works from the Website’s contents, is strictly prohibited. Such actions constitute a criminal offense, civil wrongdoing, and breach of contract unless written approval is obtained from the Company to use its materials.
8. Updating the terms of the contract
I. The Website reserves the right to periodically update these Terms of Use at its sole discretion and without prior notice. You are required to check these Terms of Use from time to time.
II. Any change to these Terms of Use shall be binding as of the date of its publication on the Website.
9. Indemnity
I. You undertake to indemnify the Company and/or anyone on its behalf for any claim, demand, damage, loss, loss of profit, payment or expense incurred by it, including attorney and legal fees, due to your breach of these Terms of Use.
II. Nevertheless, if you violate any of these Terms of Use, the Website will be entitled to disclose your name and the details know to it, as part of any legal process or otherwise, even if no judicial order is provided.
10. Governing Law and Jurisdiction
I. Any dispute between you and the Company will be settled by the competent courts in Delhi only, under the laws of India. It is hereby clarified that the provisions of this section apply also to a non-resident and/or a User which is not an Indian citizen, and in no event you shall raise any Forum Non-Convenience claim against the adequacy of Indian courts and/or claim that any foreign law shall be applicable to any engagement by you and the Company.
11. Electronic Signatures
I. You acknowledge that the Website facilitates contractual engagements between Sellers, purchasers and receivers via electronic signature and other online and electronic means (“Electronic Communication”). You hereby agree to the use of Electronic Communication in order to enter into contracts, participate and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Website. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. Further, you acknowledge that the Website engages third party subcontractor to compile digital forms for electronic signatures and you agree that the Website will share with such third party your details necessary for the creation of such digital forms.
12. Notices
I. Any notice to the Website and/or the production of legal documents to the Website, shall be deemed as delivered, solely when they are received. The Company’s mail address for sending registered mail with delivery approval is: Elegant smart serve Private Limited., Elegant Smart Serve Pvt. Ltd.410, 4th Floor, Pearl Best Heights-Il. NetajiSubhash Place. New Delhi- 110034 and by E-mail: auction@gaadiexperts.com.
II. You agree that all communications and notices from the Website to you shall be sent via e-mail, to the e-mail address that you have provided and such notices shall be deemed immediately delivered and will constitute legal delivery of legal documents.