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These terms and conditions of the Trustmark Programme (hereinafter referred to as 'Terms and Conditions') is an electronic record in the form of electronic contract in terms of Information Technology Act, 2000 (as amended from time to time) and rules framed thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signature or seal. These Terms & Conditions describes the terms and conditions which are applicable and binding upon the Customers who wish to avail the services in respect of purchase of Trustmark Cars under Trustmark Programme ('Programme'), as offered by the Company.

'Company' means Girnarsoft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 'GIRNAR' 21, Govind Marg, Moti Doongari Road, Dharam Singh Circle, Jaipur-302004, Rajasthan (hereinafter referred to as 'Company', which term may include, as the context may require, its affiliates, successors and assigns). Customer acknowledges that Company and its affiliates own and operate several online auto classified services portals including without limitation www.gaadi.com, www.cardekho.com and mobile applications thereof (collectively referred to as 'Portals').

'Customer' means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Indian Contract Act, 1872 and which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, affiliates, legal representatives, administrators and permitted assigns (in case of company) or his/her legal heirs, representatives executors, administrators, successors and permitted assigns (in case of individual) or the partners or partners for the time being of the firm and the survivor or survivors of them and legal heirs, representatives executors or administrators of such partners or survivors (in case of partnership).

'Dealer' means any person or entity engaged in sale and purchase of used/pre-owned motor vehicles and rendering certain allied services to various customers and is registered with and authorized by the Company, subject to applicable terms and conditions.

Trustmark Certified Cars means such used/pre-owned motor vehicles, which are certified by the Company and bears a valid Trustmark certified tag and listed for sale on GAPL's Portals under Trustmark Classified Section.

1. Key Features of the Programme:

• (a)

  Once the Customer has selected a respective Trustmark Certified Car and intends to purchase the same, the Customer shall communicate the same to the Company and proceed with making payment of token amount to dealer.

• (b)

  Customer shall provide all requisite details and information as may be required by the Company in this regard including without limitation, offer price.

• (c)

  Company will communicate and coordinate between the respective Dealer and Customer for the facilitation of sale-purchase transaction of respective Trustmark Certified Car including but not limited to finalization of final price of respective Trustmark Certified Car.

• (d)

  Post agreement of all terms between the respective Dealer and Customer (through the Company) for conducting the sale-purchase transaction of respective Trustmark Certified Car, Company under intimation to the respective Dealer will inform the Customer to pay the token amount (as applicable) within a stipulated timeframe directly into respective Dealer's bank account, details of which will be shared by the Company with Customer, basis details received by Company from the respective Dealer.

• (e)

  Customer shall adhere to following slab of token amount for purchase of Trustmark Certified Cars:

  Purchase Price of Trustmark Certified Car	Token Amount (in INR)
  Equal to Less Than INR 1,00,000/-	5,000/-
  More Than INR 1,00,000/- but Equal to Less Than INR 5,00,000/-	10,000/-
  More Than INR 5,00,000/-	20,000/-

• (f)

  Within a period of five days from the payment of token amount by the Customer to the respective Dealer, Customer shall make payment of balance amount of purchase price of Trustmark Certified Car directly into respective Dealer's bank account, failing which Customer agrees and understands that respective Dealer shall have the right to cancel the sale-purchase transaction and forfeit the token amount paid by the Customer, however, Company's decision shall be final and binding on the Customer and respective Dealer in this regard.

• (g)

  Customer agrees and understands that all payments (including token amount) to be made by the Customer to respective Dealer should be by way of using online modes of payment i.e. using a valid Credit Card/Debit Card/Mobile Banking (IMPS)/Net banking Account only. No cash payments or other mode of payments should be resorted to by the Customer. Customer shall be responsible or liable for any wrong/incorrect/faulty payment and in the event, the Customer suffers any kind of loss or damage arising out of the payment transaction made by the Customer to respective Dealer, Company shall not be responsible or liable in any manner whatsoever for the same.

• (h)

  Customer understands and agrees that Customer the token amount paid by Customer to the respective Dealer shall be non-refundable except in the following cases, wherein Company's decision shall be final and binding on the Customer and respective Dealer in this regard:

  • (i)

    In the event respective Dealer decides not to sell Trustmark Certified Car to the Customer, then the Customer will be eligible for refund of token amount paid by the Customer to respective Dealer for respective Trustmark Certified Car with fourteen (14) days by the respective Dealer.

  • (ii)

    In the event loan application of the Customer for a loan applied through the respective Dealer gets rejected or is taking more than five days, wherein Dealer wishes to sell the Trustmark Certified Car to someone else, then the Customer will be eligible for refund of token amount paid by the Customer to respective Dealer for respective Trustmark Certified Car with fourteen (14) days by the respective Dealer.

• (i)

  Trustmark Certified Car shall be subject to evaluation and inspection by the Company at the time of conclusion of sale and hand-over of possession of Trustmark Certified Car to the Customer and in the event Company (in its sole judgment and discretion) finds any material change in the physical condition of the Trustmark Certified Car or any information provided by the respective Dealer apropos the Trustmark inspection report, Company shall endeavor to get the same rectified/resolved from the respective Dealer within a stipulated timeframe. In the event, respective Dealer fails to rectify/resolve the issue within stipulated timeframe to the satisfaction of Company or if Company is of the opinion that the rectification/resolution of said issue is not possible or respective Dealer , or in the event, respective Dealer fails to provide the delivery of the Trustmark Certified Car within stipulated timeframe (except Force Majeure reasons as explained below) or due to any reason whatsoever, not able to honor the agreed final price against which the token amount was paid by the Customer to the respective Dealer, then Customer will be eligible for full refund of amounts paid by the Customer to respective Dealer with fourteen (14) days by the respective Dealer, however, Company's decision shall be final and binding on the Customer and respective Dealer in this regard. Customer understands and agrees that in such event, Customer's sole and exclusive remedy shall be refund of amounts paid by Customer to the respective Dealer for respective Trustmark Certified Car and Company shall not be responsible or liable in any manner in this regard.

• (j)

  Customer acknowledges that Company and respective Dealer shall not be responsible and liable in any manner for any damages, losses, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Company and respective Dealer.

• (k)

  Delivery of the Trustmark Certified Car is subject to 'force majeure' conditions. The term 'force majeure' means any circumstances which are unusual, unforeseeable and are beyond the control of Company and/or respective Dealer, the consequence of which could not have been avoided even if all due care had been exercised, including but not limited to acts of god, war or threat of war, epidemic, pandemic, riot, civil strike, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, or otherwise preventing or hindering the delivery of Trustmark Certified Car and all similar events beyond the control of Company and/or respective Dealer.

• (l)

  Delivery of the car shall be subject to realization of full payment in the bank account of the Dealer and provision of all requisite documents by the Customer alongwith production of originals for verification by the Company/Dealer at the time of taking delivery of Trustmark Certified Car.

• (m)

  Transfer of registration certificate (RC transfer) charges shall be extra for all India and not included in the price, shall be borne by the Customer.

• (n)

  Trustmark Certified Car purchased by the Customer from respective Dealer under this Programme will be for Engine & Transmission Limited Warranty, subject to applicable terms and conditions in this regard and the same will be issued within three (3) days of the delivery of the car to the Customer. Trustmark Certified Car purchased by the Customer from respective Dealer under this Programme will be eligible for a 7 Day Shield, subject to applicable terms and conditions in this regard.

2. Other Important Terms:

• (a)

  Customer undertakes that all the information and documents provided are true, complete, correct & genuine and the Customer shall keep Company and respective Dealer indemnified in this regard including but not limited to any mis-representation or false information, falsification of documents and/or forged documents.

• (b)

  Company reserves the right (at its sole and absolute discretion) to deny, suspend or revoke any or all the rights or entitlement to the Customer to avail the services and benefits under the Programme.

• (c)

  Company reserves the right (at its sole and absolute discretion), at any time, without prior notice and without assigning any reason thereof, to add/alter/modify/change/cancel or vary these Terms & Conditions.

• (d)

  Customer understands and agrees that Company is playing the role of a facilitator and coordinator in the sale-purchase transaction of Trustmark Certified Cars between Customer and respective Dealer under this Programme. The sale-purchase transaction, token amount and all other commercial terms such as balance payment, delivery of car etc., shall be as per the bipartite contractual obligations agreed between the Customer and respective Dealer only.

• (e)

  Customer shall defend, indemnify and keep Company and its affiliates, associates, principles and their directors, employees fully indemnified and harmless from and against all actions, proceedings (judicial, quasi-judicial or otherwise), losses, claims, damages, costs, fine and taxes including reasonable attorney's fees, duties, additions, penalties, interest, charges, liabilities and expenses of any kind against any loss or damage arising out of negligent, fraudulent or malfeasant acts or omissions or wilful misconduct, misrepresentation or false information, falsification of documents and/or forged documents or breach of any obligations or non-compliance of any of these Terms and Conditions or breach of any applicable laws by the Customer.

• (f)

  Customer agrees and acknowledges that Company shall not be responsible for the completion of transfer of Registration Certificate, Insurance and any other documents related to the Trustmark Certified Car required under applicable law for the transfer of ownership of the Trustmark Certified Car to Customer. Further, Company shall not be responsible for any litigation, dispute or objection arising from or incidental to the transfer of Registration Certificate, insurance and any other documents related to the vehicles required under applicable law including the Motor Vehicle Act, 1988 for the transfer of ownership of the Trustmark Certified Car.

• (g)

  Customer understands and acknowledges that the Customer shall be solely responsible and liable for any applicable tax related issues pertaining to and/or arising out of the sale-purchase transaction of Trustmark Certified Car with the respective Dealer and shall keep Company indemnified in this regard at all times.

• (h)

  Customer hereby acknowledges and confirms that upon receipt of delivery of Trustmark Certified Car from respective Dealer, the Customer shall assume any and all liability and responsibility for the possession and use of the Trustmark Certified Car including without limitation any loss or claim, any third party property damage or third party injury or death or injury or death of driver or occupant of the Trustmark Certified Car.

• (i)

  Customer shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the Company may reasonably request in order to carry out the intent and accomplish the purposes of this Programme and consummation of sale-purchase transaction of respective Trustmark Certified Car between the Dealer and Customer.

• (j)

  All disputes relating to or arising out of these Terms and Conditions shall be subject to laws of India and the courts of Jaipur, Rajasthan India shall have exclusive jurisdiction. It is clarified that in the event of any dispute, Customer's sole and exclusive remedy shall be against the respective Dealer for refund of any amounts paid by the Customer to respective Dealer for concerning Trustmark Certified Car and Company shall not be responsible or liable in any manner to the Customer in this regard.

• (k)

  If any terms of this Terms and Conditions conflict with any other terms and conditions/document/electronic record, this Terms and Conditions shall prevail and supersede, to the extent of such conflict or inconsistency.

26) Trustmark Programme (7 Day Shield) Terms & Conditions

These terms and conditions of the Trustmark Programme (hereinafter referred to as 'Terms and Conditions') is an electronic record in the form of electronic contract in terms of Information Technology Act, 2000 (as amended from time to time) and rules framed thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signature or seal.

'Company' means Girnarsoft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 'GIRNAR' 21, Govind Marg, Moti Doongari Road, Dharam Singh Circle, Jaipur-302004, Rajasthan (hereinafter referred to as 'Company', which term may include, as the context may require, its affiliates, successors and assigns). Customer acknowledges that Company and its affiliates own and operate several online auto classified services portals including without limitation www.gaadi.com, www.cardekho.com and mobile applications thereof (collectively referred to as 'Portals').

'Customer' means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Indian Contract Act, 1872 and which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors, affiliates, legal representatives, administrators and permitted assigns (in case of company) or his/her legal heirs, representatives executors, administrators, successors and permitted assigns (in case of individual) or the partners or partners for the time being of the firm and the survivor or survivors of them and legal heirs, representatives executors or administrators of such partners or survivors (in case of partnership).

'Dealer' means any person or entity engaged in sale and purchase of used/pre-owned motor vehicles and rendering certain allied services to various customers and is registered with and authorized by the Company, subject to applicable terms and conditions.

'Trustmark Certified Cars' means such used/pre-owned motor vehicles, which are certified by the Company and bears a valid Trustmark certified tag and listed for sale on GAPL's Portals under Trustmark Classified Section.

These Terms and Conditions apply to the Trustmark Certified Cars purchased by the Customers from Dealers under the Trustmark Programme as offered by the Company, accompanied by a Company's , 7 Days Shield Certificate ('7 Days Shield'). Under the 7 Day Shield, each Trustmark Certified Car shall be protected with 100% repair for any issues encountered in the vehicle sold by under the Trustmark Programme within a period of 7 days of delivery of possession at no extra cost to the Customer, subject to the following Terms and Conditions:

26.1. PERIOD OF COVERAGE : The Trustmark Certified Car 7 Days Shield, is valid for a period of seven (7) days from the date of delivery of physical possession of the Trustmark Certified Car to the Customer.

26.2. WHAT THE 7 DAYS SHIELD COVERS: 100% Repair-In the event Customer encounters any issue pertaining to the physical condition of the Trustmark Certified Car within seven (7) days of delivery of the physical possession of the Trustmark Certified Car to the Customer, the Customer shall report the same in writing to the Company within such timeframe of seven days. On receipt of such intimation, if the Company is of the opinion that such reported issue is genuine and if the issue was not found to be mentioned/reported at the time of purchase with reference to the last inspection report, then Company will get such part of the vehicle repaired in respect of which Customer has reported the issue, at the garage of Company's choice with no extra cost to the Customer.

26.3. 7 DAYS SHIELD VALIDITY REQUIREMENTS:

• (a)

  This unique offering is applicable only on Trustmark Certified Cars with a valid Trustmark certified tag.

• (b)

  The Customer has to sign the '7 Day Shield' cover terms and conditions document at the time of delivery of the Trustmark Certified Car and on receipt of delivery challan.

• (c)

  Customer will have to raise a request for any issues encountered with the Trustmark Certified Car in writing with details of the issue and proof of the same from their registered email address given to Company at the time of purchase of Trustmark Certified Car. Customer will have to email their request to the email id provided in the Handover documents.

• (d)

  The vehicle re-inspection will done by Company representatives and the report will be shown to the Customer for mutual agreement and transparency.

• (e)

  The Customer will have to bring the Trustmark Certified Car to the Company store or the place of sale as informed by the Company representative.

• (f)

  The delivery of the Trustmark Certified Car shall take place only in presence of Company designated representative/personnel as communicated to the Customer prior to the handover of the Trustmark Certified Car.

• (g)

  The vehicle during the 7 Days shield period should not undergo any replacement of vehicle parts/ refurbishment without explicit written permission of Company.

• (h)

  Trustmark Certified Car should not have run more than 300Kms as determined from the difference of odometer reading at the time of handover as captured in the final inspection report and the odometer reading at time of checking the car by Company representative.

• (i)

  '7 Day Shield' excludes all dents/scratches or any other physical damage.

• (j)

  It covers electrical and mechanical issues as per detailed T&Cs of the '7Day Shield'

• (k)

  The vehicle should not be used to commit a crime or involved in any unlawful or illegal activities.

• (l)

  The vehicle should not be involved in or liable to be involved in a legal case during the 7 day shield period.

• (m)

  The vehicle should not be involved in any accident caused by external impact or any damage that results from hard driving due to race, rally, misuse, abuse, hire, fire, flooding or any other natural calamity.

• (n)

  The shield will not be applicable in case of loss or damage caused by negligence, fraudulent or malfeasant acts or omissions or wilful misconduct, corrosion, use of poor quality / adulterated fuel,coolant or lubricating oil, intrusion of foreign or deleterious matter, freezing, abuse by the continued use of car after a fault has become evident or any intentional damage caused to the car. Driving even after noticing a fault or defect resulting in consequential damage and loss.

• (o)

  The shield shall not be applicable in-case of the odometer is not maintained in working order or disconnected or tampered, post-delivery of the vehicle or any part of the vehicle has been tampered or altered with intentionally.

• (p)

  The Customer is required to furnish all the documents provided at time of sale, including payment proofs, delivery challan, all service records and insurance and registration documents along with the copy of 7 Days Shield certificate to Company.

• (q)

  Shield shall not be applicable if all the original documents/information as required by the Company are not furnished to the Company or any of the document or information are found to be forged or fake.

26.4. HOW TO AVAIL:

• (a)

  Call the helpline number at +91 7947151515 Or Email: warrantysupport@cardekho.com

• (b)

  Customer can also contact Company representatives and/or authorised Dealers to avail this claim.

26.5. OTHER TERMS:

• (a)

  All disputes relating to or arising out of these Terms and Conditions shall be subject to laws of India and the courts of Jaipur, Rajasthan India shall have exclusive jurisdiction.

• (b)

  In no event the aggregate liability of the Company shall exceed the repair cost of the part of the vehicle in respect of which Customer has reported the issue. Except as indicated above, in no event will Company be liable for indirect damages caused due to lost profits or savings, business interruption, loss of data, lost revenue, loss of use, or any other commercial or economic loss of any kind, or special, incidental, or consequential damages.

• (c)

  Company reserves the right (at its sole and absolute discretion), at any time, without prior notice and without assigning any reason thereof, to add/alter/modify/change/cancel/withdraw/vary these Terms & Conditions.

• (d)

  The decision of Company with regard to applicability of 7 Days Shield in relation to a particular vehicle and/or Customer shall be final, binding and non-challengeable.

• (e)

  If any terms of this Terms and Conditions conflict with any other terms and conditions/document/electronic record, this Terms and Conditions shall prevail and supersede, to the extent of such conflict or inconsistency.

27) CARDEKHO TRUSTMARK ENGINE & TRANSMISSION LIMITED WARRANTY Terms & Conditions

These Terms and Conditions apply to the TrustMark Engine & Transmission Limited Warranty ('Warranty') issued by Girnarsoft Automobiles Private Limited, a company incorporated under the provisions of the Companies Act, 1956 in force in India, having its registered office at #21 Girnar, Dharam Singh Circle, Govind Marg, Moti Doongri Road, Jaipur - 302004, Rajasthan ('CarDekho' or 'We' or 'Us') in respect of a CarDekho TrustMark Certified Car ('Vehicle') purchased by you from an authorised dealer of CarDekho ('Dealer') in India accompanied by a CarDekho Certified Warranty Certificate ('Warranty Certificate'). For the avoidance of doubt, many of the phrases and terms used below have been defined in the Glossary.

CarDekho.com, warrants that each Vehicle which has been granted warranty certification on the basis of the CarDekho TrustMark Certification, will be free, under normal use and service, from defects in relation to certain parts of the Vehicle, as covered below at the time subject to the following Terms and Conditions:

27.1. PERIOD OF WARRANTY COVERAGE : The CarDekho TrustMark Engine & Transmission Limited Warranty, is valid for a period of 180 days or 7,500 kms, whichever is earlier.

27.2. WHAT THE WARRANTY COVERS: Under the CarDekho TrustMark Engine & Transmission Limited Warranty, ONLY the following components and / or parts are covered:

• (a)

  Engine: Oil Pump, Drive Crankshaft, Big End and Main Bearings, Connecting Rod, Gudgeon Pin, Piston, Valves (excluding burnt and pitted valves), Cylinder Head, Cylinder Head Gasket, Engine Block, Water Pump (failure due to external damage or corrosion is not covered), Inlet and Exhaust Manifolds, Radiator (No corrosion & external Damage), Flywheel and Ring Gear, Gear & Chains, Camshaft, Cam Follower, Valve Gear, Distributor Drive, Bore / Liner, Intercooler Units (if factory fitted), Tensioners, Water Temperature Sensor, Crank Angle Sensor, Cam Angle Sensor, Turbocharger, Auxiliary Water Pump, Thermostat Valve.

• (b)

  Manual Gear Box: Internal Gear, Shafts, Synchromesh Rings and Hub, Selector Forks, Bushes, Drive Chains, Gear Lever and Bushes, Clutch Slave Cylinder.

• (c)

  Automatic Gear Box: Shafts, Gears, Brake Bands, Valve Block, Governor, Oil Pump, Bearings and Bushes, Servo, Drive Plate and Transfer Gears.

27.3. WHAT THE WARRANTY DOES NOT COVER ? The warranty terms do not cover accidents or defects due to the following:

• 1.

  Failure to maintain the Vehicle as per the Service requirements mentioned in Section VI below.

• 2.

  Any damage that results from hard driving due to race, rally, misuse, abuse, hire, fire, flooding.

• 3.

  Any part that is not mentioned in the Parts covered list.

• 4.

  Any non-manufacturer approved accessories which are not authorised by respective manufacturer and are not supplied with Vehicle as OE fitment and manufacturer rubber and plastic accessories.

• 5.

  Inconsequential aspects such as noises, vibrations, oil seepage and sensations that could not lead to dismal vehicle function or performance.

• 6.

  Any loss arising out of accident caused by external impact.

• 7.

  Aesthetic parts including sheet metal & plastic parts requiring replacement / repair due to wear & tear, depreciation, moth, vermin, process of cleaning, restoring or renovating of scratches, effect of light, sun or any atmospheric condition, bird droppings.

• 8.

  Mechanical & electrical breakdown caused by overloading, strain, overrunning, freezing, excessive pressure, short-circuiting heating.

• 9.

  Periodic Maintenance Service jobs, including cleaning, polishing, minor adjustment, engine tuning, carbon cleaning, AC Servicing, wheel alignment, tire rotation, calibration / reconditioning / overhauling of diesel equipment including injector / nozzles and fuel pump, etc.

• 10.

  All consumables, including, engine oils, gear oil, brake oil, power steering oil, coolant, AC gas, oil, grease, battery electrolyte, radiator coolant.

• 11.

  Rusting / Corrosion to metal parts.

• 12.

  Damage to engine parts & fuel injection as a result of use of poor quality / adulterated fuel, coolant or lubricating oil to fuel system including fuel pump, injector nozzle, water pump as well as other parts.

• 13.

  Damage to engine due to hydrostatic lock or starvation.

• 14.

  Failure to maintain the odometer in working order or disconnecting or tampering it post-delivery of the Vehicle.

• 15.

  Driving even after noticing a fault or defect resulting in consequential damage and loss.

• 16.

  Interior and exterior linings, covers, absorbers and upholstery.

• 17.

  Air, oil and water leakage, wind noise, screeching and rattling noises and leakages.

• 18.

  Immobile gaskets, such as flat and paper gaskets, which are not involved in mechanical movements (Except e.g. leak on water bearing technical units as bonnet, water hoses, cylinder head gasket, radiator as well as air conditioning)

• 19.

  All frame and body parts, convertible and fold cover (except mechanical and electronic parts), glass, headlight casings, lighting inside and outside.

• 20.

  Clutch disk, Brake disk & pads, brake linings and drums, disks and blocks, tyres, wheel balancing, feathers / springs, pneumatic springs and pneumatic spring absorbers.

• 21.

  Body and Paint work including any losses due to accidental damages.

• 22.

  Outside CNG / LPG fitment not endorsed in Vehicle's Registration Certificate.

• 23.

  Theft of vehicle will make the warranty null and void.

• 24.

  RC Transfer receipt or challan or Transferred RC is mandatory for warranty claim.