Terms & Conditions

These terms and conditions outline the rules and regulations for the use of our website and services. Carwise is a brand under Wiseworks Technologies, which is a tech brand of Helios Spectra Private Limited, a company registered in India (hereinafter referred to as "carwise" or "We" or "Us" or "Our"). For the purpose of these Terms of Use the Terms of Use, wherever the context so requires, ("You" or "Your" or "Yourself" or "Buyer") shall mean a natural or legal person interested in purchasing motor vehicles that are listed on the Website and availing such other services made available by Carwise (collectively referred to as the "Platform"). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform.

Definitions

Helios Spectra Private Limited: The parent company overseeing Wiseworks Technologies and its sub-brands.

Wiseworks Technologies: The main tech brand of Helios Spectra Private Limited, under which Carwise operates.

Carwise: A sub-brand under Wiseworks Technologies, offering automotive services and information.

This structure ensures that all services provided by Carwise are backed by the quality and commitment of Wiseworks Technologies and Helios Spectra Private Limited. All legal agreements, transactions, and interactions on the Carwise website are made with Helios Spectra Private Limited, through its tech brand, Wiseworks Technologies, and its sub-brand, Carwise.

These terms of use are subject to revision by us at any time; please read these terms and conditions carefully before registering, browsing, accessing or otherwise using the platform. The revised terms of use shall be made available on the platform. You are requested to view the most current terms of use. We may require you to provide your direct or indirect consent to any update in a specified manner before further use of the platform. If no such separate consent is sought, your continued use of the platform shall signify your acceptance of the terms of use and your agreement to be legally bound by the same.

Reference to motor vehicles shall mean the reference to pre-owned cars only unless the platform offers services extended to other forms of automobiles, in which case the term automobiles shall include such other forms.

PART A – GENERAL TERMS RELATING TO PLATFORM

1. Eligibility to Use:

1. A) Use of the Platform is unavailable to minors under eighteen (18) years. It excludes persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872, including minors, undischarged insolvent or any Users suspended or removed from the Platform by Carwise for any reason whatsoever. If you are disqualified as per the preceding sentence, You shall not be permitted to avail of the services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving the services under the laws as applicable in India.
2. B) Carwise reserves the right to refuse access to use the Services offered at the Website to new users or to terminate access granted to existing users at any time without any reason for doing so.
3. C) You may have only one active account (defined hereunder) on the platform. You are also prohibited from selling, trading, or transferring your account to another person.

2. Registration of Your Account:

1. A) You may access and use the platform either as a registered user. However, not all sections of the www.carwise.in will be accessible to all users.
2. B) You can create a registered user account by providing Carwise certain user information as requested by us, following which you can create a specific login ID and password (“Account”)
3. C) If you use the Platform, You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be, used in an unauthorised manner.
4. D) Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your account area of the platform. You agree and acknowledge that you will use your account on the Platform to make purchases only for your personal use and not for business purposes. If you wish to order products for business purposes, please contact [email protected]. Carwise reserves the right to refuse access to the Platform, terminate accounts, or remove, edit content without notice to you.
5. E) You may be required to provide certain personal information and we may collect certain personal information.

3. User Representations and Obligations:

1. A) Subject to compliance with the Terms of use, Carwise grants you a non- exclusive, limited privilege to access and use this platform and the Platform Services.
2. B) You agree to use the Platform Services and the materials provided therein only: (a) for purposes permitted by the Terms of Use and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
3. C) You shall solely be responsible for your employees, subcontractors, and representatives and all claims made in relation to or by them. Carwise shall not be responsible for them in any manner whatsoever.
4. D) You agree not to engage in activities that may adversely affect the use of the Platform by other customers, Carwise, or registered trading partners.
5. E) You agree not to access (or attempt to access) the platform and the materials or Platform Services by any means other than through the interface provided by Carwise. You shall not use any deep-link, 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 Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
6. F) You acknowledge and agree that by accessing or using the platform or Platform Services, you may be exposed to content from others (including but not limited to other customers, registered trading partners, and other users/visitors) that you may consider offensive, indecent or otherwise objectionable. Carwise disclaims all liabilities arising from such offensive content on the Platform.
7. G) If the platform allows you to post and upload material, you are responsible for ensuring the material is not offensive and complies with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the platform by you is your sole responsibility.
8. H) You hereby do and shall grant Carwise a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable licence to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material in connection with the platform and Carwise’s (and Carwise’s successors’ and assigns’) businesses, including without limitation, for promoting the platform in any media formats and through any media channels. You represent and warrant that you have all rights to grant such licences to Carwise without infringement or violation of any third-party rights, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

4. Further, You undertake not to:

1. A) Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
2. B) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. C) Publish, post, upload, distribute or disseminate any harmful information, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation.
4. D) Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
5. E) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the platform or another's computer.
6. F) Engage in any activity that interferes with or disrupts access to the platform or the Platform Services (or the servers and networks which are connected to the platform).
7. G) Attempt to gain unauthorised access to any portion or feature of the platform, any other systems or networks connected to the platform, to any Carwise server, or to any of the Platform Services offered on or through the platform, by hacking, password mining or any other illegitimate means.
8. H) Probe, scan or test the vulnerability of the platform or any network connected to the platform, nor breach the security or authentication measures on the platform or any network connected to the platform. You may not reverse lookup, trace or seek to trace any information on any other user, registered trading partner, other Customer, or visitor to the platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your information, as provided on the platform.
9. I) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites.
10. J) Collect or store data about other customers/users in connection with the prohibited conduct and activities outlined in this section.
11. K) Use any device or software to interfere or attempt to interfere with the proper working of the platform or any transaction being conducted on the platform, or with any other person’s use of the platform.
12. L) Use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Carwise or other third parties.
13. M) Falsify or delete any author attributions, legal or other proper notices proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
14. N) Violate any code of conduct or other guidelines, which may apply for or to any particular Platform Service.
15. O) Violate any applicable laws or regulations for the time being in force within or outside India.
16. P) Violate the Terms of Use contained herein or elsewhere; and
17. Q) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information or software obtained from the Platform.
18. R) Carwise reserves the right to review any information/data you upload to the platform and delete any information/data that is inconsistent with these Terms of Use. You agree that you are solely responsible to Carwise and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Carwise or its affiliates may suffer) for any such breach.
19. S) You agree that Carwise may, at any time, modify or discontinue all or part of the Platform, charge, or offer opportunities to some or all Users.

5. Use of Materials:

1. A) Except as expressly indicated herein, Carwise hereby grants You a non-exclusive, freely revocable (upon notice from Carwise), non-transferable access to view, download and print any materials available on the Platform, subject to the following conditions:
2. B) You may access and use the materials solely for personal, informational, and internal purposes in accordance with the Terms of Use.
3. C) You may not modify or alter the materials available on the platform.
4. D) You may not distribute or sell, rent, lease, licence or otherwise make the materials on the platform available to others and
5. E) You may not remove any text, copyright or other proprietary notices in Automobile Service-related catalogs or any other materials available on the Platform.
6. F) The rights granted to you in the materials as specified above do not apply to the platform's design, layout, or look and feel. These elements are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7. G) Any software available on the platform is Carwise's property. You may not use, download, or install any software available on the platform unless otherwise expressly permitted by these Terms of Use or by Carwise's express written permission.

6. Usage Conduct:

1. A) You shall solely be responsible for maintaining the necessary computer equipment and internet connections to access, use, and transact on the platform.

7. Intellectual Property Rights:

1. A) Subject to Section 7 below, the platform and the processes and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the platform is owned and controlled by Carwise and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
2. B) Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any content through any medium without obtaining authorisation from Carwise.
3. C) Carwise and its Affiliates respect others' intellectual property. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected].

8. Disclaimer Of Warranties & Liability:

You expressly understand and agree that, to the maximum extent permitted by applicable law, the platform, platform services, other services and other materials are provided by Carwise on an “as is'' basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Carwise makes no warranty that (i) the platform or the platform services or other services will meet your requirements or your use of the platform or the platform services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the platform or platform services will be effective, accurate or reliable; (iii) the quality of the platform or platform services will meet your expectations; or (iv) any errors or defects in the platform or platform services will be corrected. No advice or information, whether oral or written, obtained by you from Carwise or through the use of the platform services shall create any warranty not expressly stated in the terms of use.

Carwise will have no liability for any registered trading partner/ buyer content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Carwise disclaims all liability concerning the misuse, loss, modification or unavailability of any trading partner/customer content.

Carwise will not be liable for any loss you may incur due to unauthorised use of your account or account information in connection with the platform or any platform services, either with or without your knowledge.

Carwise has endeavoured to ensure that all the information on the platform is correct. Still, Carwise neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or platform service. Carwise shall not be responsible for the delay or inability to use the platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the platform or otherwise arising out of the use of the platform, whether based on contract, tort, negligence, strict liability or otherwise. further, Carwise shall not be held responsible for non-availability of the platform during periodic maintenance operations or any unplanned suspension of access to the platform that may occur due to technical reasons or for any reason beyond our control. The trading partner understands and agrees that any material or data downloaded or otherwise obtained through the platform is done entirely at the buyer’s discretion and risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

9. Indemnification and Limitation of Liability:

You agree to indemnify, defend and hold harmless Carwise and its affiliates, including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnitees that arise out of, result from, or may be payable under, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, You agree to hold the indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the platform or Platform Services, Your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights. In no event shall Carwise, its officers, directors, consultants, agents and employees be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Carwise has been advised of the possibility of such damages, arising out of or in connection with (i) Your use of or access to the Platform, Platform Services or materials on the Platform; or (ii) seller support services provided by registered trading partners.

The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

10. Violation of the Terms of Use:

You agree that Carwise may, at its sole discretion and without prior notice, terminate Your access to the platform for cause, delist you, and block your future access if Carwise determines that you have violated these Terms of Use. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Carwise, for which monetary damages would be inadequate, and you consent to Carwise obtaining any injunctive or equitable relief that Carwise deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Carwise may have at law or in equity.

As a result of your violation of these Terms of Use, Carwise is entitled to recover from you, and you will pay all reasonable attorneys' fees and costs of such action, in addition to any other relief Carwise may be entitled to.

PART B- GENERAL TERMS FOR PLATFORM SERVICES

11. Platform to support transactions & service:

The Platform is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for trading partners to advertise, exhibit, make available and offer to sell motor vehicles to the buyers and (b) a platform for buyers to accept the offer to sell of the motor vehicles listed by the trading partners on the platform and to make payments to the trading partners for the purchase of the motor vehicles; and (c) services to facilitate the engagement of buyers and sellers under commerce on the platform; and (d) such other services as are incidental and ancillary thereto (“Platform Services”).

1. A) Carwise may offer certain services in addition to the Platform Services: Carwise may, at its discretion, add, modify or remove any of the Platform Services listed above from time to time without notice along with the terms and price of such services, which shall be deemed to be included in these Terms of Use. If you choose to avail of any such additional services, you hereby agree to sign such additional contracts to regulate the services chosen as may be prescribed by Carwise. You shall be notified by Carwise of any changes to the Platform Services. Your access to the Platform Services will accordingly stand modified, specifically in the case where Carwise has offered new Platform Services, and you have chosen to avail yourself of them.
2. B) The terms of new Platform Services shall be stated in this Terms of Use which will be duly amended from time to time to incorporate the same.
3. C) The Platform is only a facilitator in relation to the transactions entered between you and the registered trading partner. The agreement for the sale of motor vehicles and/or for the provision of any support services provided to you by a registered trading partner, shall be between you and the registered trading partner and shall strictly be a bipartite contract between you and the registered trading partner and Carwise shall not be a party to the same.
4. D) Carwise is not independently verified and does not guarantee the truthfulness of the credentials of the registered trading partner and any description of their business, authorisations, or offerings made by them including the nature of services, pricing, location, contact details, etc., provided by the registered trading partner. Such information has been collected from the concerned trading partner, who has guaranteed the truthfulness and completeness of the same, and Carwise shall not, in any manner, be responsible or liable for such information
5. E) As the registered trading partner instructed, Carwise merely displays the list price of the motor vehicles listed on the Platform. On similar lines, the platform merely displays the approximate cost of the support services provided by the trading partners. You acknowledge and agree that (i) the approximate cost of services provided by the registered trading partner for each category is only indicative and not an actual estimate of the service costs; (ii) the actual fees charged by each registered trading partner may vary from the fees quoted by other registered trading partners; (iii) the actual fees may vary from the approximate service cost provided for a category on a case-to-case basis considering, the type and extent of services required, etc. This approximation of cost is arrived at by considering various objective factors including, but not limited to, the labour costs and the cost of parts that may be required to be replaced or fixed.
6. F) The total price indicated on the platform for any seller support service is inclusive of the items described for that service (excluding taxes and other applicable charges under law) and may not include additional services found to be required at the time of availing such seller support service. In such a case, the registered trading partner / basis instructions from the registered trading partner will discuss any change in scope and fees that will be communicated to you.
7. G) Any seller support service once booked using the platform and accepted by the registered trading partner, as the case may, cannot be cancelled or modified by you.
8. H) It shall be the sole responsibility of the registered trading partner to honour Your seller support services provided by them. Carwise shall not be responsible, and shall have no liability for the genuineness, the quality or completeness of such seller support services, including any delay in the provision thereof or cancellation of any service booking made with a registered trading partner through the platform, or any offers, discounts or service packages communicated by the registered trading partner, or for any misconduct or fraud committed by a registered trading partner or its employees (if any) or representatives etc. Carwise cannot be called upon to provide any guarantee/security with respect to the provision of seller support services by the registered trading partner.
9. I) You may conduct searches on the platform to look for motor vehicles. The results for searches are derived on the basis of an algorithm which considers various factors, Customer reviews and feedback, pricing, etc. Alternatively, the registered trading partner may be listed on the basis of Customer-selected search criteria. In either case, Carwise does not have any control over the results of searches carried out by you on the platform. The result of any search for registered trading partners conducted by you on the platform shall not be construed as the opinion or preference of Carwise.
10. J) The Platform may categorize the registered trading partner on the basis of various factors, including your feedback, quality of motor vehicles sold, reliability of the registered trading partner. You agree to accept such categorization and you acknowledge that your searches on the platform will be subject to such categorization.
11. K) Any booking made by you for a motor vehicle or Platform Services through the platform may be subject to the additional terms and conditions mentioned therein, which you are presumed to have read and accepted at the time of making the service booking.
12. L) Carwise does not provide you with any guarantee that you will be able to purchase any motor vehicle listed on the platform or avail any Platform Services.

Termination:

The Terms of Use will continue to apply until terminated by either you or Carwise as set forth below. If you want to terminate your agreement with Carwise, you may do so by (i) notifying Carwise to close Your Account on the platform; and (ii) not accessing the platform. Such termination shall take effect 30 (thirty) days after receipt of such notice by Carwise. You are obliged to process all service bookings received by you through the platform prior to the date of closure of your account on the platform.

Carwise may, at any time, with or without notice, terminate the Terms of Use with you if:

1. A) You breach any of the provisions of the Terms of Use, the privacy policy or any other terms, conditions, or policies that may apply to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same).
2. B) Carwise is required to do so by law (for example, where the provision of the Platform Services to You is, or becomes, unlawful or upon receiving a request for termination by law enforcement or other government agencies).
3. C) The provision of the Platform Services to you by Carwise is, in the opinion of Carwise, no longer commercially viable or in any way detrimental to Carwise, its business or the platform; or
4. D) You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Carwise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
5. E) Carwise has elected to discontinue, with or without reason, access to the Platform, Platform Services or any part thereof.

Carwise may also terminate or suspend all or a portion of your account or access to the Platform Services with or without reason. Termination of your account may include:

(i) Removal of access to all offerings within the platform or concerning the Platform Services; (ii) deletion of your records and account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the platform and platform services:

The termination of your account shall not relieve you of any liability that you may have incurred or may incur in relation to the use of platform services provided before such termination.

You agree that all terminations shall be made in Carwise’s sole discretion and that Carwise shall not be liable to you or any third party for any termination of your account, or your access to the platform and platform services.

If you or Carwise terminate your use of the platform, Carwise may delete any content or other materials relating to your use of the platform or the platform services and Carwise will have no liability to you or any third party for doing so.

Governing Law:

These Terms of Use and all transactions entered into on or through the platform and the relationship between you and Carwise shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation to the platform, the Terms of Use, or any transactions entered into on or through the platform, or the relationship between you and Carwise shall be subject to the exclusive jurisdiction of the Courts at Delhi, India. You hereby accede to and accept the jurisdiction of such Courts.

Refund and Cancellation Policy:

At Carwise, we strive to provide a seamless experience with all our products and services. However, please note that any purchases or payment gateway requests made through the Carwise platform are not eligible for refunds or cancellations. Should you have any concerns, you may reach out to us via the 'Contact Us' section. We will endeavor to resolve any disputes in coordination with our third-party vendors and partners. Please be aware that monetary refunds or cancellations are not available in these cases.

Changes to Terms and Conditions:

Helios Spectra Private Limited reserves the right to update these terms and conditions at any time. Users are encouraged to review this page periodically for any changes.

Contact Information:

For any questions or concerns regarding these terms and conditions, please contact us at [email protected]