Terms of Use

1. About these Terms

These Terms of Use (“Terms”) govern your access to and use of the CarNearU website at carnearu.in, its WhatsApp service and any related services (together, the “Platform”). The Platform is operated by Ishtiyaque Ansari, an individual, of Mumbai, Maharashtra, India (“CarNearU”, “we”, “us”).

“You” means any person who visits or uses the Platform, including a person looking to buy or rent a vehicle (a “Buyer”), a person listing a vehicle (a “Seller”), and a dealership or individual registered as a dealer (a “Dealer”). Dealers are also bound by our Dealer Terms. How we handle personal data is described in our Privacy Policy, which forms part of these Terms.

By creating an account, ticking “I agree”, listing a vehicle or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. These Terms are an electronic record under the Information Technology Act, 2000 and do not require a physical or digital signature.

You must be at least 18 years old and legally able to enter into a contract under the Indian Contract Act, 1872 to use the Platform.

2. CarNearU is only a listing platform

CarNearU is an online technology platform that lets Dealers and Sellers publish listings of vehicles, and lets Buyers discover those listings and contact the Dealer or Seller directly. We act as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000.

CarNearU is not a party to any transaction. In particular, CarNearU:

• does not own, possess, stock, inspect, test, certify, value or guarantee any vehicle listed on the Platform;
• does not sell, buy, rent, exchange or finance any vehicle, and is not an agent, broker or representative of any Buyer, Seller or Dealer;
• does not collect, hold, process or refund any payment, advance, token amount or deposit between users;
• does not arrange or guarantee test drives, delivery, registration transfer, insurance, loans or warranties; and
• does not employ, control or vouch for any Dealer or Seller.

Our role is limited to displaying listings and forwarding a Buyer’s inquiry (a “lead”) to the Dealer or Seller the Buyer chose to contact. Any contract for the sale, purchase, rental or exchange of a vehicle is made solely between the Buyer and the Dealer or Seller concerned.

Dealers related to CarNearU

Some listings on the Platform are published by Fast & Furious Cars, a dealership owned by the operator of CarNearU. Fast & Furious Cars uses the Platform as a Dealer, on the same Dealer Terms and in the same way as every other Dealer. For its vehicles, Fast & Furious Cars alone is the seller and is responsible to the Buyer for the vehicle and the deal under these Terms and the law. CarNearU, as the Platform, is not a party to those deals and its role is the same as for any other listing: displaying it and forwarding leads. Listings from Fast & Furious Cars receive no preferential ranking or treatment because of this relationship.

3. Listings are the lister's responsibility

Every listing — including the price, kilometres driven, year, ownership history, accident and service history, loan or hypothecation status, documents, photos and description — is created and controlled by the Dealer or Seller who posted it. They alone are responsible for its accuracy, legality and for keeping it up to date.

CarNearU does not verify listings and makes no representation or warranty, express or implied, about any vehicle or listing, including its condition, roadworthiness, legal status, title, documents, price or availability. Labels such as “approved dealer” only mean that the Dealer completed our onboarding checks; they are not a guarantee of the Dealer, its vehicles or its conduct.

Information on the Platform that comes from automated tools (for example, details read from a WhatsApp message to create a draft listing) may contain errors and is confirmed by the lister, not by us.

4. Deals happen directly between Buyer and Dealer/Seller

Price negotiation, test drives, inspection, payment, delivery, transfer of the registration certificate (Forms 29 and 30 under the Motor Vehicles Act, 1988), transfer of insurance, closure of any loan and issue of the lender’s NOC, taxes, challans and any warranty or after-sales service are matters solely between the Buyer and the Dealer or Seller.

Any dispute about a vehicle or a deal — including about its condition, description, documents, payment, delay, refund or cancellation — must be resolved between the parties to that deal. We may, at our discretion, help by sharing information we lawfully hold, but we have no obligation to mediate or resolve the dispute.

5. Your responsibilities as a Buyer

Before you pay any money or sign anything, you are responsible for satisfying yourself about the vehicle and the other party. We strongly recommend that you:

• inspect the vehicle in person and have it checked by an independent mechanic;
• check the original registration certificate, insurance, pollution certificate, service records and the vehicle’s record on the government VAHAN portal, including any hypothecation and pending challans;
• meet in a safe, public place and verify the identity and authority of the person selling;
• never pay an advance, token amount or full price before you have verified the vehicle and its documents, and prefer traceable payment methods; and
• make sure the registration transfer is completed and keep copies of all documents and receipts.

CarNearU will never ask you to pay for a vehicle through us. Treat any such request as fraud and report it to us.

6. Fraud or misconduct by a Dealer or Seller

Dealers and Sellers — including Fast & Furious Cars and any other dealer related to CarNearU — act on their own behalf and not on behalf of CarNearU. If a Dealer or Seller misrepresents a vehicle, takes money without delivering, sells a vehicle they are not entitled to sell, hides a loan, accident or legal problem, uses forged documents, or otherwise cheats or harms you, that is the act of that Dealer or Seller alone, and your remedies are against them.

To the extent permitted by law, CarNearU is not liable for any such fraud, misconduct or loss. Our onboarding checks, approvals and labels do not make us responsible for a Dealer’s or Seller’s conduct. If you report fraud to us, we will:

• review the report and, where appropriate, remove the listings and suspend or block the Dealer or Seller;
• preserve the relevant records we hold; and
• share information with the police, a court or another authority when they lawfully ask for it, to help you pursue the Dealer or Seller.

You can also report cyber or financial fraud to the National Cyber Crime Reporting Portal (cybercrime.gov.in) or by calling 1930.

7. Accounts, phone numbers and communications

• You must give accurate information, keep your login details confidential, and are responsible for all activity on your account.
• We verify phone numbers using WhatsApp. By requesting verification you agree to send and receive WhatsApp messages from us for that purpose.
• When you send an inquiry about a listing (for example, by tapping WhatsApp or Call), you agree that your name and mobile number are shared with that Dealer or Seller so they can respond, and that they may contact you about it.
• We may send you service messages about your account, listings and inquiries. We will only send promotional messages where the law allows, and you can opt out at any time.

8. What you must not do

In line with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you must not host, display, upload, publish, share or transmit any information that:

• belongs to another person and to which you have no right;
• is false, misleading or deceptive — including a vehicle you are not entitled to sell, a fake price to attract inquiries, or wrong kilometres, ownership, accident or loan details;
• relates to a stolen vehicle, a vehicle with forged or tampered documents, chassis or engine numbers, or one that cannot lawfully be sold;
• impersonates another person or business, or misrepresents your identity or affiliation;
• is obscene, defamatory, harassing, discriminatory, or harmful to children;
• infringes any patent, trademark, copyright or other proprietary right (for example, photos you did not take and have no licence for);
• contains viruses or any code designed to interrupt, destroy or limit the Platform;
• threatens the unity, integrity, defence, security or sovereignty of India, public order or friendly relations with foreign states; or
• violates any law for the time being in force.

You must also not scrape or copy listings or user data, send spam, misuse other users’ contact details, bypass our security or rate limits, create multiple or fake accounts, or use the Platform for any unlawful or fraudulent purpose.

9. Our rights over the Platform

We may, without liability and with or without notice, remove or disable any listing or content, refuse, suspend or terminate any account, or take down a Dealer’s listings, where we believe these Terms or the law have been breached, on receiving a valid complaint or a court or government order, or to protect users or the Platform.

We may change, suspend or discontinue any part of the Platform at any time. The Platform is provided on an “as is” and “as available” basis, and we do not guarantee that it will be uninterrupted, error-free or secure.

10. Limitation of liability

To the maximum extent permitted by applicable law, CarNearU and its operator shall not be liable for:

• any vehicle, listing, deal or communication between users, or any act or omission of any Buyer, Seller or Dealer;
• any defect, misdescription, non-delivery, non-payment, fraud, theft, injury, damage or loss arising from a vehicle or a deal, including during a test drive or inspection;
• any payment made between users, or any failure to complete the transfer of registration, insurance or loan;
• any loss of profit, revenue, data, goodwill or opportunity, or any indirect, incidental, special or consequential loss; or
• any interruption, error or unavailability of the Platform, or the acts of third-party services such as WhatsApp or Google.

Where we are found liable despite the above, our total liability to you for all claims arising out of or relating to the Platform shall not exceed the higher of (a) the fees you paid to CarNearU in the twelve months before the claim, and (b) ₹1,000.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Indian law, or any right you have under the Consumer Protection Act, 2019 that cannot be waived by contract.

11. Indemnity

You agree to indemnify and hold harmless CarNearU, its operator and anyone working for it from and against any claims, losses, liabilities, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to your listings or content, any deal or dispute you are part of, your breach of these Terms or of any law, or your infringement of any third party’s rights.

12. Content and intellectual property

You keep ownership of the photos, videos and text you submit. By submitting them, you grant CarNearU a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, resize, display and distribute them on the Platform and in promoting the Platform (including on social media and search engines), for as long as the listing is live and for a reasonable period afterwards. You confirm that you have the right to grant this licence.

The CarNearU name, logo, design and software belong to CarNearU or its licensors and may not be used without our written permission.

13. Third-party services

The Platform uses third-party services such as Google Sign-In and WhatsApp, and may link to other websites. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.

14. Complaints, takedown requests and Grievance Officer

If you have a complaint about a listing, a user, or these Terms — including any content you believe is unlawful, fraudulent, infringing or in breach of “What you must not do” above — please contact our Grievance Officer, appointed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020:

Please include the link to the listing, a description of the issue and your contact details. We will acknowledge your complaint within 24 hours and aim to resolve it within 15 days of receiving it. Where required by law, we will act on content within the time limits the law sets.

15. Changes to these Terms

We may update these Terms from time to time. The version and effective date at the top of this page show when they last changed. If a change is significant, we will notify you on the Platform or by message, and may ask you to accept the new Terms. Continuing to use the Platform after the changes take effect means you accept them.

16. Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to any right you have under the Consumer Protection Act, 2019 to file a complaint before a consumer commission, the courts at Mumbai, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform.

17. General

• If any part of these Terms is found invalid or unenforceable, the rest remains in force.
• Our failure to enforce any right is not a waiver of it.
• You may not transfer your rights under these Terms. We may transfer ours, for example to a company that takes over the Platform.
• These Terms, together with the Privacy Policy (and, for Dealers, the Dealer Terms), are the entire agreement between you and us about the Platform.
• Questions about these Terms: admin@carnearu.in.