TERMS AND CONDITIONS

DRIVELIST Customer Application

Last Updated: March 11, 2025

1. INTRODUCTION

Welcome to the DRIVELIST Customer Application (hereinafter referred to as "DRIVELIST," "the Platform," "we," "our," or "us"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you (hereinafter referred to as "User," "Customer," "you," or "your") and DRIVELIST Automotive Technologies Pvt. Ltd., governing your access to and use of the DRIVELIST Customer Application, including all related services, features, content, and functionality.

By downloading, installing, registering, accessing, or using the DRIVELIST Customer Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Platform.

2. DEFINITIONS

In these Terms, the following definitions apply:

"Application" or "App" refers to the DRIVELIST Customer Application software, available for download on mobile devices or accessible through web browsers.

"Dealer" refers to any automotive dealership, business entity, or individual engaged in the sale of vehicles who lists vehicles on the DRIVELIST platform.

"Content" refers to all information, text, images, videos, audio, graphics, features, functionality, and other materials that may be viewed on, accessed through, or contributed to the Platform.

"Listing" refers to any vehicle advertisement, including all associated content, published by a Dealer on the Platform.

"Service" refers to all features, functionality, tools, content, and services offered through the DRIVELIST Customer Application.

"Transaction" refers to any interaction between a User and Dealer that may lead to the sale, purchase, or exchange of a vehicle advertised on the Platform.

"User" refers to any individual who accesses or uses the DRIVELIST Customer Application.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Registration Requirements

To create an account on the DRIVELIST Customer Application, you must:

  1. Be at least 18 years of age or the legal age of majority in your jurisdiction;
  2. Complete the registration process by providing accurate, current, and complete information;
  3. Create a secure account with a unique username and password or authenticate through supported third-party services;
  4. Possess the legal capacity to enter into binding contracts;
  5. Not be prohibited from using the services under the laws of your jurisdiction.

3.2 Account Verification

DRIVELIST may require verification of your identity before granting full access to certain features of the Platform. This verification process may include:

  1. Mobile phone verification through OTP;
  2. Email verification;
  3. Identity verification through government-issued ID, when necessary for specific transactions or features;
  4. Any additional verification as required by applicable laws and regulations.

3.3 Account Security

You are responsible for:

  1. Maintaining the confidentiality of your account credentials;
  2. Restricting access to your account and your device;
  3. All activities that occur under your account, whether or not authorized by you;
  4. Notifying DRIVELIST immediately of any unauthorized access or security breach;
  5. Ensuring that you properly exit from your account at the end of each session.

We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.4 Account Usage

Your DRIVELIST account is personal to you and you agree not to:

  1. Create more than one account per person;
  2. Share your account with any third party;
  3. Create an account on behalf of another individual without their express consent;
  4. Use the account of another User;
  5. Transfer your account to another person without DRIVELIST's prior written consent.

4. PLATFORM USAGE AND USER CONDUCT

4.1 General Obligations

As a User of our Platform, you agree to:

  1. Comply with all applicable local, state, national, and international laws and regulations;
  2. Use the Platform only for lawful purposes and in accordance with these Terms;
  3. Provide accurate and truthful information in all interactions with Dealers and DRIVELIST;
  4. Conduct all communications and transactions with Dealers in a respectful and appropriate manner;
  5. Respect the intellectual property, privacy, and other rights of DRIVELIST, Dealers, and other Users.

4.2 Prohibited Activities

You must not engage in any of the following activities:

  1. Using the Platform for any illegal, fraudulent, or unauthorized purpose;
  2. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  3. Interfering with or disrupting the operation of the Platform or servers or networks connected to the Platform;
  4. Attempting to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform;
  5. Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Platform;
  6. Introducing viruses, trojans, worms, logic bombs, or other materials that are malicious or technologically harmful;
  7. Collecting or harvesting any information from the Platform, including User or Dealer information;
  8. Using the Platform to send unsolicited communications, promotions, or advertisements;
  9. Circumventing, disabling, or otherwise interfering with security-related features of the Platform;
  10. Engaging in any activity that could disable, overburden, damage, or impair the functioning of the Platform.

5. VEHICLE LISTINGS AND TRANSACTIONS

5.1 Vehicle Listings

  1. DRIVELIST provides a platform where Dealers can list vehicles for sale, and Users can browse and inquire about these listings;
  2. DRIVELIST does not own or sell the vehicles listed on the Platform;
  3. The information in vehicle listings is provided by Dealers, and DRIVELIST does not verify or guarantee the accuracy or completeness of this information;
  4. Images of vehicles may not always represent the exact condition or appearance of the actual vehicle;
  5. DRIVELIST recommends that Users physically inspect any vehicle and review all relevant documentation before making a purchase decision.

5.2 Inquiries and Communication

  1. The Platform enables Users to make inquiries about listed vehicles and communicate with Dealers;
  2. All communications should be relevant to the vehicle listing and conducted in a respectful manner;
  3. DRIVELIST may monitor communications between Users and Dealers to ensure compliance with these Terms and improve the quality of service;
  4. Personal contact information should not be shared in initial communications for security reasons.

5.3 Transactions

  1. DRIVELIST facilitates connections between Users and Dealers but is not a party to any transaction;
  2. All negotiations, sales agreements, and payment arrangements are conducted directly between Users and Dealers;
  3. DRIVELIST does not guarantee the completion of any transaction initiated through the Platform;
  4. DRIVELIST does not provide financing, insurance, or other services related to vehicle purchases, although it may provide information about or links to third parties offering such services;
  5. Users are solely responsible for conducting due diligence on vehicles and Dealers before entering into any transaction.

5.4 Fees and Payments

  1. Using the DRIVELIST Customer Application for browsing vehicle listings and contacting Dealers is free of charge;
  2. DRIVELIST may offer premium features or services that require payment, which will be clearly indicated before you opt to use them;
  3. All vehicle payments are made directly to Dealers, not to DRIVELIST;
  4. DRIVELIST does not charge Users a commission or fee for purchasing a vehicle through the Platform;
  5. If DRIVELIST introduces paid services in the future, the pricing and payment terms will be clearly communicated before implementation.

6. REVIEWS AND USER CONTENT

6.1 User Reviews and Ratings

  1. DRIVELIST may allow Users to submit reviews, ratings, and feedback about Dealers and vehicles;
  2. By submitting a review, you grant DRIVELIST a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and display such content on the Platform;
  3. Reviews must be accurate, truthful, and based on your actual experience with the Dealer or vehicle;
  4. Reviews must not contain offensive, defamatory, or inappropriate content;
  5. DRIVELIST reserves the right to remove any review that violates these Terms or our content policies.

6.2 User-Generated Content

  1. The Platform may allow you to upload or submit content such as comments, questions, photos, and videos;
  2. You retain ownership of any content you submit, but grant DRIVELIST a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content;
  3. You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not infringe the intellectual property rights of any third party;
  4. You are solely responsible for any content you submit, and it must not:
    • Violate any law or regulation
    • Infringe on any third-party rights
    • Contain false, misleading, or deceptive information
    • Include offensive, harmful, or inappropriate material
    • Contain personal information of any third party without their consent
  5. DRIVELIST reserves the right to remove or refuse to display any user-generated content at our sole discretion.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 DRIVELIST Intellectual Property

  1. The DRIVELIST name, logo, App, website, and all content, features, and functionality (including but not limited to text, graphics, software, images, videos, designs, and code) are owned by DRIVELIST or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws;
  2. You may not copy, modify, reproduce, distribute, create derivative works of, publicly display, or exploit any DRIVELIST intellectual property without explicit written permission;
  3. No license or right to use any DRIVELIST trademark, logo, or trade name is granted except as expressly set forth in these Terms.

7.2 License to Use the Platform

  1. Subject to your compliance with these Terms, DRIVELIST grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial purposes;
  2. This license does not include any resale or commercial use of the Platform or its contents, any collection and use of any vehicle listings, descriptions, or prices, any derivative use of the Platform or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

8. DATA PRIVACY AND CONFIDENTIALITY

8.1 Data Privacy

  1. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference;
  2. By using the Platform, you consent to the collection, use, storage, and disclosure of your information as described in our Privacy Policy;
  3. You acknowledge that any information you share with Dealers through the Platform may be used by them in accordance with their own privacy practices.

8.2 Location Data

  1. Certain features of the Platform may request or require access to your device's location services;
  2. You can control or disable location services through your device settings;
  3. By enabling location services, you consent to the collection and use of location data as specified in our Privacy Policy.

9. TERM, TERMINATION, AND SUSPENSION

9.1 Term

These Terms commence upon your registration and continue until terminated by either party.

9.2 Termination by User

  1. You may terminate your account at any time by using the account deletion function within the App or by contacting our support team;
  2. Account deletion will result in the permanent removal of your account and may result in the deletion of content you have submitted.

9.3 Termination or Suspension by DRIVELIST

DRIVELIST may suspend or terminate your account and access to the Platform:

  1. If you breach any provision of these Terms;
  2. If you engage in fraudulent, illegal, or harmful activities;
  3. If required by law or government order;
  4. If your account remains inactive for an extended period;
  5. For operational or security reasons, with reasonable notice;
  6. If DRIVELIST ceases to operate the Platform.

9.4 Effects of Termination

Upon termination:

  1. All rights granted to you under these Terms will cease immediately;
  2. You must cease all use of the Platform;
  3. You remain liable for any obligations incurred before termination;
  4. Provisions that by their nature should survive termination will survive, including indemnity, warranty disclaimers, and limitations of liability.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 Service Disclaimers

  1. The platform is provided on an "as is" and "as available" basis without warranties of any kind;
  2. DRIVELIST disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  3. DRIVELIST does not warrant that the platform will be uninterrupted, error-free, or secure, or that any defects will be corrected;
  4. DRIVELIST does not verify the accuracy or completeness of vehicle listings, dealer information, or other content provided by third parties;
  5. DRIVELIST makes no representations or warranties regarding the quality, safety, legality, or availability of vehicles listed on the platform, or the reliability or conduct of dealers.

10.2 Vehicle Disclaimers

  1. DRIVELIST is not a vehicle dealer and does not own, sell, lease, or control any vehicles listed on the platform;
  2. DRIVELIST does not guarantee the condition, performance, safety, quality, or legality of any vehicle or the accuracy of any vehicle listing;
  3. Users are solely responsible for verifying the condition and legal status of any vehicle before purchase;
  4. DRIVELIST does not guarantee the identity, qualifications, or conduct of dealers;
  5. Any vehicle history or valuation information provided through the platform is for reference only and should be independently verified.

10.3 Limitation of Liability

  1. To the maximum extent permitted by law, DRIVELIST shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses;
  2. DRIVELIST's total liability for any claims arising under these terms shall not exceed the amount paid by you to DRIVELIST (if any) in the 12 months preceding the event giving rise to the liability;
  3. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if DRIVELIST has been advised of the possibility of such damages;
  4. These limitations shall not apply to liability that cannot be excluded or limited by applicable law.

10.4 Indemnification

You agree to indemnify, defend, and hold harmless DRIVELIST, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  1. Your use of the Platform;
  2. Any content you submit, post, or transmit through the Platform;
  3. Your violation of these Terms;
  4. Your violation of any rights of another person or entity;
  5. Your violation of any applicable laws or regulations.

11. MODIFICATIONS TO THE SERVICE AND TERMS

11.1 Service Modifications

DRIVELIST reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice. We may:

  1. Add, alter, or remove features or functionality;
  2. Impose limits on certain features or restrict access to parts or all of the service;
  3. Update the App to address security issues, compatibility with new devices, or improved performance.

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the service.

11.2 Terms Modifications

DRIVELIST may revise these Terms at any time by posting the updated version on our website or through the App. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and terminate your account.

Material changes to these Terms will be communicated through:

  1. Email notification to the email address associated with your account;
  2. Notification within the App;
  3. Notice on our website at least 30 days before the changes take effect.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Dispute Resolution

  1. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled through good faith negotiations between the parties;
  2. If the dispute cannot be resolved through negotiation within 30 days, either party may initiate arbitration proceedings;
  3. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time;
  4. The arbitration shall be held in Bangalore, India, and shall be conducted in English;
  5. The arbitration panel shall consist of a single arbitrator mutually agreed upon by the parties or, if no agreement can be reached, appointed in accordance with the applicable arbitration rules;
  6. The arbitration award shall be final and binding on the parties.

12.3 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and DRIVELIST waive any right to a jury trial.

13. MISCELLANEOUS PROVISIONS

13.1 Force Majeure

DRIVELIST shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond DRIVELIST's reasonable control, including but not limited to, natural disasters, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13.2 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and DRIVELIST. You do not have any authority to bind DRIVELIST in any way.

13.3 Assignment

  1. DRIVELIST may assign or transfer these Terms, in whole or in part, without restriction;
  2. You may not assign or transfer your rights or obligations under these Terms without DRIVELIST's prior written consent.

13.4 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 the Terms will otherwise remain in full force and effect and enforceable.

13.5 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and DRIVELIST concerning the Platform and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

13.6 No Waiver

DRIVELIST's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DRIVELIST.

13.7 Notices

Notices to you may be made via email, regular mail, or notifications within the App. DRIVELIST may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Platform.

14. CONTACT INFORMATION

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

Customer Support: support@drivelist.com

Hours of Operation: Monday to Friday, 9:00 AM to 6:00 PM IST

By using the DRIVELIST Customer Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.