Welcome to MOTOZITE!

Term of Use

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

The following Terms of Use Agreement (the "TOU") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Motozite owned and operated by Purple Millet Private Limited, located at, Unit No.401 and 402, Greenwood Plaza, Sector 45 Gurgaon, Gurgaon Haryana – 122001, India and our subsidiaries and affiliates, in association with the use of the website, which includes www.motozite.com, (the "Site") and its Services, which shall be defined below.

Using www.motozite.com in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use www.motozite.com. If you do not agree to all of the following, you may not use or access www.motozite.com in any manner.

You represent and warrant that you are of legal age to form a binding contract (or if not, that you have received your parent’s or guardian’s permission to use www.motozite.com and that your parent or guardian agrees to these Terms on your behalf).

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

Creating an
Account
on the Motozite
Platform (owned by
Purple Millet Private
Limited)

The Site is a professional services website which has the following description:

To help the users to discover and buy and sell preowned vehicles through Dealer Partners. Dealer Partners are those Dealerships that we at Purple Millet partner with and whose inventory is listed on our website. The website provides description of a vehicle. The website is a platform to connect the buyers and sellers of vehicles according to their needs and interests.

Any and all visitors to our site shall be deemed as "Users" of the herein contained Services provided for the purpose of this TOU, where the term “Users” shall include customers, prospective customers, and all buyers and sellers of vehicles including those that might already have other contracts with the Company.

The user acknowledges and agrees that the Service of connecting Buyers and Sellers of vehicles, provided and made available through our website, www.motozite.com and applications may include some mobile applications. Those applications, that may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Purple Millet. The user also acknowledges and agrees that other than the Service of connecting Buyers and Sellers of vehicles, provided and made available through our website, www.motozite.com, all other services are provided by Third -Party and Purple Millet assumes no responsibility for the delivery of such services.

At its discretion, Purple Millet may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Purple Millet does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that Purple Millet shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Purple Millet shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

You may be required to sign up for an account on www.motozite.com. You promise to provide us with accurate, complete, and up-to-date registration information about yourself. The information you will provide shall include but not be limited to i. Name; ii. Phone Number; and iii. Email id.; iv. Street; v. city; vi. State; vii. country and viii. pin code.

You agree that you will only use www.motozite.com for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.

You may not select as your www.motozite.com account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Motozite reserves the right to refuse registration of or cancel a www.motozite.com account name at its discretion. Motozite reserves the right to share your information on our website, without your address/phone number/email addresses.

Operating your
account on
www.motozite.com.

As a User, you have the option of creating an account or simply browsing the website. Users may be buyers or sellers of the vehicles or both.

Buyers

First and foremost, you may exercise your option to register or simply choose to browse to begin with. The website provides details of available vehicles for sale from our Dealer Partners. Once you find something available that interests you and opt to be contacted, you will need to register if you have not already registered. After successfully registering, based on your interest and category of vehicle you choose, Motozite will connect you to the Dealer Partner. Thereafter all subsequent processes, including the entire process of test drive, payment, transfer of Registration Certificate (ownership transfer) and sales of any other services related to buying a vehicle (for instance, finance, insurance, extended warranty, RSA and so on), shall be between Dealer Partner and you, the user.

Seller

Once you visit the website, you may select the ‘sellcar’ option and register by providing us with your name, phone number and a few details of the vehicle, like Brand, model, registration year and Email. You may choose to share your email, expected price and vehicle pictures at this stage or after we get in touch with you. Once we have received a few details like PAN Card, and the Registration Certificate, Insurance Certificate and ‘Pollution Under Control’ Certificate, Motozite will connect you to the Buyer. Thereafter the entire process of test drive, vehicle inspection, payment, transfer of Registration Certificate (ownership transfer) and any other transaction related formalities related to selling a car shall be between you, the user and the Buyer.

We encourage users to view vehicles of interest in person and gauge the actual condition of the vehicle, before buying. The test drive of the vehicle chosen will be provided by our Dealer Partner directly. In the event of any kind of damages or loss that may arise during the test drive, you, the user and the dealer partner or seller shall be responsible. You agree that Motozite will not be responsible for any kind of damages, loss, dispute and discrepancies arising out of the incident. You also agree to hold Motozite and its parent Company Purple Millet blameless and not liable or responsible for any kind of withdrawal of contract or breach of contract by the Dealer Partner.

Motozite (www.motozite.com) will publish information shared with us by Dealer Partners, relating to a vehicle’s specifications, features, photos and videos and other information relevant to new or pre-owned vehicles like service history, availability of extended warranty, finance, insurance, and so on. We might even provide information based on our own research. We try to ensure that the information published is verified to best of our knowledge, but we do not guarantee that the information on the website is up-to-date, accurate or complete, nor do we guarantee that vehicles can be accessed without disturbance at any time. We take best efforts in compiling the content of the website and try to ensure that the information posted is up to date, however, there is possibility that a vehicle might remain posted for some time even after it has been sold. We do not guarantee the quality, safety or legality of the vehicles posted on the website.

Posts

Anything posted, uploaded, shared, stored, or otherwise provided to us to share on www.motozite.com or through any third-party website or social networking sites on the Motozite account or a page owned or managed by Motozite, is referred to as a “Post” in these Terms. There are a few rules that apply to all Posts.

Limited License to Us: You hereby grant Motozite a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within www.motozite.com. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your Post to make sure it is viewable on an iPhone as well as a computer.

If you would like us to share your Post with other users on www.motozite.com, then you grant us the license as mentioned in the paragraph above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of www.motozite.com a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of www.motozite.com. We reserve the right to remove any content from www.motozite.com at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), at our sole discretion, and without notice.

Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected.

Intellectual Property
and Reporting
Infringement

We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on www.motozite.com.

You understand that we own www.motozite.com. These Terms do not grant you any right, title or interest in Purple Millet, Motozite or www.motozite.com, or our trademarks, logos, and other intellectual property.

Acceptable Use
Policy

You are responsible for all your activity in connection with www.motozite.com. Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Make sure that you use www.motozite.com in a manner that complies with the law. If your use of www.motozite.com is prohibited by applicable laws, then you aren’t authorized to use www.motozite.com. We cannot and won’t be responsible for you using www.motozite.com in a way that breaks the law.

You also agree that you will not contribute any Post or otherwise use www.motozite.com in a manner that:

Other Users and
Third-Parties

Posts posted to www.motozite.com are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any post and you hereby release us from any damages or loss you might suffer in connection with a Post.

Other Users on
www.motozite.com:

Your interactions with organizations and individuals found on or through www.motozite.com, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that www.motozite.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We cannot guarantee the identity of any Users with access to www.motozite.com and are not responsible for which Users gain access to our products and services.

Third-Party
Content:

www.motozite.com may contain links or connections to third party websites or services that are not owned or controlled by us. Motozite has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

In the event that you have a dispute with one or more other users of www.motozite.com or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Motozite.

Indemnity

All users herein agree to insure and hold Purple Millet, its Directors, Motozite, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Use and/or your violation of any such rights of another person.

Terminating Your
Account

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Motozite has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Motozite is free to terminate (or suspend access to) your use of www.motozite.com, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Motozite.

Motozite also allows you to delete your account at any time. When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available.

You understand and agree that it may not be possible to completely delete your content from www.motozite.com records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using www. motozite.com.

You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

If you have deleted your account by mistake, contact us immediately at customercare@motozite.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Privacy on
Motozite

Motozite takes your privacy very seriously. For the current Motozite Privacy Policy, please click here.

Every registered User's registration data and various other personal information are strictly protected by the Motozite’s Privacy Policy. As a registered User, you herein consent to the collection and use of the information provided, including the transfer of information within India and/or other countries for storage, processing or use by Motozite and/or our subsidiaries and affiliates.

Proprietary Rights

You do hereby acknowledge and agree that Motozite’s Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Motozite or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Motozite Services (e.g. Content or Software), in whole or part.

Motozite herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our Software, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Motozite for use in accessing our Services.

You herein acknowledge, understand and agree that all of the Motozite trademarks, copyright, trade name, service marks, and other Motozite logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Motozite or Purple Millet Private Limited. You herein agree not to display and/or use in any manner the Motozite logo or marks without obtaining Motozite or Purple Millets’s prior written consent.

Changes to the
Terms

We are constantly trying to improve our products and services, so these Terms may need to change along with Motozite. We reserve the right to change the Terms at any time. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Motozite. If you use Motozite in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

No Warranties

www.motozite.com is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the use of www.motozite.com will be uninterrupted or error-free.

Any information or material downloaded or otherwise obtained by way of Motozite services or software shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.

Products purchased or offered through Motozite, are provided without any warranty of any kind from Motozite or Purple Millet Private Limited.

Limitation of
Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Motozite, its licensors, or its suppliers be liable to you or to any other person for:

1. Any indirect, special, incidental, or consequential damages of any kind, or

2. Any amount, in the aggregate, in excess of the greater of INR 10,000/- (INR ten thousand only) or

In case of a failed or incomplete service that may result in damage to User asset, Liabilities of the company is going to be limited to a maximum of INR 15,000/- only.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your www.motozite.com account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under applicable laws of India, without regard to the conflicts of law provisions thereof.

Dispute Resolution
and Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be resolved through following methods:

1. An escalation that will be addressed by company representative

2. Executive escalation that will be addressed by a senior executive of company

3. Consumer court at customer discretion within jurisdiction of Gurgaon, Haryana.

Any dispute that remains unresolved through the above mechanism shall be finally settled by arbitration in Gurgaon, Haryana, India, in accordance with the Indian Arbitration and Conciliation Act, 1996. For all purposes of these Terms, you consent to exclusive jurisdiction of the courts in Gurgaon, Haryana, India.

No Third-Party
Beneficiaries

As a User, you agree there are no third-party beneficiaries intended under these Terms.

No Joint Venture

You hereby acknowledge and agree that you are not an employee, agent, or joint venture of Motozite Inc., and you do not have any authority of any kind to bind us in any respect whatsoever.

Waiver

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

Entire Agreement

You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Violations

Please report any and all violations of this TOU to Motozite as follows:
Mailing Address: Purple Millet Private Limited, 301-302, 3rd Floor, Good Earth City Centre, Sector-50, Gurgaon-122018, Haryana, India
Telephone: +91 93115 79777
Email: contactus@motozite.com