Terms & Conditions

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This Agreement is entered into by and between Layog Technologies Pvt. Ltd.(“Company”) operating www.carzads.com and the Car Owner(s) identified on the registration form completed in connection with this Agreement ("Owner"). By completing the registration form the Owner agrees to be bound by the following terms of contract.

 

1. General Terms.

 

1.1 Database and Advertisership.

By executing this Agreement, the Owner agrees to comply with these terms and conditions for atleast three years after the date of registration. You can unregister before 3 years but your agreement will hold for the 3 years after the date of registration.
THERE IS NO GUARANTEE THAT YOU WILL BE SELECTED TO BECOME AN SELECTED OWNER (AS DEFINED BELOW) I.E. TO HAVE INSTALLED AND CARRY A DISPLAY ON THE OWNER'S VEHICLE UNDER AN ADVERTISING CAMPAIGN.

 

1.2 Registration on the Database.

The Company intends to establish a database of Owners who desire to carry a Display under an Advertising Campaign.
By executing this Agreement, the Owner agrees to be registered on the Company's database of potential owners and vehicles for a term of three (3) years from the date that the Owner executes the Form.
The Owner agrees not to register on another similar vehicle advertisement, campaign, or advertising programme or vehicle advertisement database, during such three (3) year term and for the next 3 years (a total of 6 years) , regardless of whether or not the Owner is selected for a Display.
The Owner's agreement to be included in the database on an exclusive basis shall not be affected by the Owner's sale or loss of the Vehicle identified on the Form, provided the Company is informed accordingly within a reasonable period.
The electronic submission of the completed Form is tantamount to consent to the terms and conditions set out within this Agreement.

 

1.3 Selected Owners.

If the Company, at its sole discretion, accepts the application of the Owner into a Advertising Campaign ("Selected Owner"), the Selected Owner agrees to have installed and to carry a Display designated by Advertiser or by the Company on the Owner's Vehicle for the Showing (defined below) and under terms specified in the Advertising Campaign.
Any Selected Owner agrees to carry a Display from a Advertiser or from the Company, which the Advertiser may change from time to time, for a total period of the contract, which may be, at the sole option of the Company, a continuous period or non-continuous, and may be a series of months at different times ..
The Company shall give the Selected Owner notice of the Advertising Campaign for which he/she has been Selected prior to or at the time of the installation of the Display.He will then be Selected after a week of notice if no denial is received in any form.

 

1.4 No Employee Relationship with the Company.

This Agreement does not create an employment, agency or independent contractor relationship between the Owner and the Company, or between the Owner and the Advertiser, in connection with the registration on the database or between the Selected Owner and the Company, or the Selected Owner and the Advertiser, in connection with the Display to be installed and carried on Selected Owner's Vehicle.

 

1.5 Indemnity.

The Company shall not be responsible to any finance company, hire purchase company or other person or organization claiming possession of the Vehicle either for the costs of removing the Display or for any damage caused to the Vehicle, and the Owner hereby indemnifies the Company against damages, costs, claims, demands, or payments which may be so demanded of the Company.


1.6 Waiver.

The company reserves the right to make modifications and changes in the Terms and Conditions at any time in the interest of business of Company and Owners or due to change in Government Policies & Rules. Such modifications or changes in terms and conditions of this agreement shall also not be a waiver of its rights nor prejudice the future enforcement of all terms and conditions of the agreement. The failure by company to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of its rights nor prejudice the future enforcement of all terms and conditions of the agreement.

 

2. Definitions.

2.1 "Form" means the registration forms as prescribed in our website www.carzads.com by reference.

2.2 "Owner" means the second party to this Agreement, that is, the persons or entities identified as such in the Form. For the purposes of this Agreement, Owner refers to the principal owner of the vehicle, who may be a different person from the driver of the vehicle.

2.3 "Selected Owner" means an Owner who is registered on the database and is selected under an Advertising Campaign.All the terms and conditions applicable to owners automatically apply to selected owners also unless specifically specified here in after.


2.4 "Vehicle" is the motor vehicle described in the Form. More than one vehicle per Form may be registered.


2.5 "Display" means a vinyl graphic advertising display affixed to the Owner's Vehicle.


2.6 "Showing" is the period of time that a given Display is affixed to the Owner's Vehicle. This period may also be referred to as the in charge period.


2.7 "Lien Holder" means any legal holder of a lien against the Vehicle.

2.8 "Advertiser" is the Company client, such as a business or company,that commissions the type of Display that is affixed to the Vehicle.

2.9 "Monthly Rate" means the rate to be paid to the Owner as determined by the Company from the Advertising Campaign.

2.10 "Advertising Campaign" means the programme of Display and Showing as selected by the Advertiser and the Company. The Advertising Campaign determines the coverage area to which Displays may be affixed to the Vehicle , the amount of time that such Display may remain affixed to the Vehicle, and affects the Monthly Rate. The Advertising Campaign applicable to any Selected Owner under this Agreement may change from time to time during the term of this Agreement at the discretion of the Company.

2.11 "Term" means for purposes of registration on the database, three (3) years from the date the Owner consents to this Agreement or, for purposes of being an Selected Owner, such term as the Company notifies to the Owner.

2.12 "Writing/write/wrote/written" means any communication in written form, including e-mail and short message service(SMS).


2.13 "Supervisor" means the individual(s) and/or company nominated by the Company to act on behalf of the Company for the specific purpose of supervising installation of Display or monitoring the showing of Display or performing like acts as directed by Company.

2.14 "Individual" means an owner who owns the vehicle in personal capacity in his name or jointly with other individual.


2.15 "Fleet Owner" means an owner who is a firm/company/organization as shown in the Form and owns one or more vehicles.

2.16 "Contact Person" means a representative of the Fleet Owner. He will be deemed Owner on behalf of The Fleet Owner for the purpose of this contract.

2.16 "Referrer" means an Individual or Fleet Owner already registered on on the database and who refers or introduces other Individuals or Fleet Owners to www.carzads.com.


3. Owner/Selected Owner Representations.

The Owner/Selected Owner represents and warrants as follows:


3.1 All the information in the Form is true and correct.

3.2 The Owner/Selected Owner is legally entitled to operate and use the Vehicle to comply with all the terms of this Agreement, and has the irrevocable consent of all persons with any legal interest in the Company including, but not limited to, the owner, joint owner, or lessee of the Vehicle and any Bank, Lender or Finance Company. In case of joint ownership the person who registers as Owner agrees to the Terms and Conditions on behalf the joint owner also.

3.3. The Owner/Selected Owner certifies that to the best of their knowledge there are no convictions pending which may prevent them from participation or, at a later date, prevent them from participation in a Showing. The Owner agrees to notify the Company of any pending convictions after date of submission of Form.


3.4 The Owner/Selected Owner, when selected for a Advertising Campaign, agrees to have a valid road worthiness certificate and valid Road Tax Payment document for the Vehicle.The Owner/Selected Owner, when selected for a Advertising Campaign, shall maintain minimum liability insurance for the vehicle as required by law. Neither the Company nor the Advertiser shall have any responsibility for any change in the Owner's insurance provisions caused by this Agreement.


3.5 The Owner/Selected Owner has full authority to enter into this Agreement and has received all necessary consents from Lien Holders.

3.6 The Owner/Selected Owner represents that the information entered on the Form is accurate, particularly as to the mileage that the Owner/Selected Owner's Vehicle is driven annually, and as to the general driving habits that the Owner/Selected Owner performs in the Vehicle, and that the Owner/Selected Owner does not anticipate any change in that information during the Term of this Agreement. The Owner/Selected Owner understands that if the Owner/Selected Owner has made any misrepresentation on the Form or if the Owner/Selected Owner fails to notify Company of any change in the information on the Form, then the Owner/Selected Owner will have materially breached this Agreement and the Company shall be entitled to terminate this Agreement forthwith and pursue all possible legal remedies against the Owner/Selected Owner.

3.7 The Owner/Selected Owner agrees to pay all taxes and duties on all payments and benefits arising to the Owner/Selected Owner under this Agreement. He also agrees that the Company may deduct tax at source from the payments due to him as per relevant tax laws and for such purpose he will be bound to provide details as required by the Company.

3.8 The Owner/Selected Owner will inform Company immediately of any change or alterations to the Vehicle or Vehicle ownership and of any change to motor insurance details.

 

4. Limited Refusal of Display.

For the purpose of the Advertising Campaign, a Selected Owner maintains the right to refuse a Display or an Advertising Campaign knowing that they may be removed from the database and excluded from further participation in future Advertising Campaigns, except where such refusal has been expressed in advance by email.

 

5. Owner/Selected Owner's Duties.

5.1 Installation and Removal of Displays.

5.1.1 In most of the cases the selected Owner will be able to install the Display himself or can get it installed at a workshop where screens are applied on car windows. In cases of certain special Displays the Company will get it installed and in such instances the Selected Owner shall make the Vehicle available for installation of the Display on the date, time and location specified by the Company. Similarly procedure will be adopted for the removal of Display.

5.1.2 The Selected Owner shall keep Vehicle in a clean condition.

5.1.3 The Display is and shall remain the property of the Advertiser.

5.1.4 The Selected Owner shall not remove or tamper with Display in any way. The Selected Owner's removal of the Display will void all warranties and obligations of the Company and the Display manufacturer or supplier.

5.2 Maintenance.

At all times during a Showing, the Selected Owner shall, at the Selected Owner's own expense:

5.2.1 Maintain all financial payments to and meet all other requirements by any Lien Holder regarding his vehicle.


5.2.2 Keep and maintain the Vehicle in good working order.

5.2.3 Keep and maintain the Vehicle in a prominent position, in a clean condition, and maintain the Display in as attractive condition as possible.

5.2.4 Immediately notify the Company if the Display is soiled, defaced or peeling off, you may have to mail the sticker to the company and the Company will have the Display repaired or replaced.

5.2.5 Immediately notify Company, in the event of an accident involving damage to the Vehicle body or windows. The Company's duty to pay the Selected Owner shall be suspended from the time of the accident until the Vehicle and the Display are repaired/replaced, or, until the Vehicle is replaced and a new Display is installed.

 

5.3 Replacement Vehicle.

If during the Term, the Owner replaces the Vehicle with another Vehicle for any reason, then the Owner shall immediately inform the Company and provide the Company with the information set forth in the Form with regard to the replacement vehicle. The replacement vehicle will then become the Vehicle for the purposes of this Agreement.

 

5.4 Right to Designate New Display.

At anytime during the Term of this Agreement, the Company may designate new Displays to be installed on the Selected Owner's Vehicle for a period of time up to and including the end of the Term. The Selected Owner shall comply with clause 5.1.1.

 

5.5 Inspection.

The Selected Owner shall present the Vehicle to the Supervisor of the Company for inspection whenever required by the Company .The Supervisor, as the Company's agent, will inspect the Vehicle and the Display and note the date and the milometer reading. The milometer shall be noted for business purposes of the Company, such as verifying the information given on the Form and for market research by the Company. We also have to add that we would require photographs of parts of vehicle with "Display" sent to us by mail/email/form. By not sending the required photographs within 2 weeks of receipt of display material you may forfeit your chances of getting payment for the month.

 

5.6 Parking.

To the extent that is reasonably feasible, at work and at home, the Selected Owner shall park the Vehicle in a conspicuous location on the street and not in an enclosed structure or enclosed driveway.

 

5.7 Behaviour.

The Selected Owner shall drive and act in a responsible manner and not do anything to put at risk the Company and/or the Advertiser.

 

5.8 Form is Material Term.

The Owner understands that the information given on the Form is important to the Company and material to this Agreement. The Owner shall immediately give the Company notice of any changes to the information requested in the Form, particularly any changes in home address and work address and number of miles driven annually.

 

6. Company's Duties.

6.1 Payment.

6.1.1 The Company shall make payment to the Selected Owner as described below, and only for such time as the Display is affixed to the Vehicle, and the Vehicle and the Display are properly maintained as set forth in section 5 of this Agreement.
6.1.2 The Company agrees to pay the Selected Owner on fixed quarterly dates for any Showings on his/her Vehicle during the first two months of the previous quarter.
6.1.3 The Company reserves the right to withhold payment until the Selected Owner has supplied all information required by form, email, phone, call or post.

 

6.2 Damage to Vehicle.

6.2.1 At the conclusion of each Showing the Owner shall remove the Display. However, any damage to the Vehicle resulting from installation or removal of the Display shall be compensated pursuant to the warranty of the Display manufacturer or supplier as provided at the time of installation.
6.2.2 The Company reserves the right not to pay the Selected Owner during such time that the Vehicle is damaged and/or undergoing mechanical repairs, or is unavailable for any other reason. Payments will only recommence on receipt by the Company of satisfactory proof of completed repair.

 

7. Removal from Database.

The Company reserves the right to remove the Owner/Selected Owner from the database at any time and without notice.

 

8. Notices.

All notices required by or to be given pursuant to this Agreement shall be in Writing and either personally served on the other party or delivered to the other party at their respective addresses as set forth above for the Company and on the Form for the Owner/Selected Owner. Both parties shall immediately notify the other if either changes its address for notification purposes.

 

9. Opportunity for Legal Advice.

The Owner has had a legal advisor review this Agreement or has had the opportunity to consult with a legal advisor to review this Agreement.

 

10. Governing Law.

This Agreement shall be governed by and interpreted in accordance with the laws of India and jurisdiction of all disputes will lie in appropriate court of law at Lucknow.

 

11. Arbitration.

Any dispute between the parties shall be referred to a single arbitrator nominated (failing agreement on nomination between the parties) by the Appropriate Court of law at Lucknow. The decision of the arbitrator shall be binding upon the parties and may be entered as a judgement in any court of competent jurisdiction.

 

12. Severability.

If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, they shall be considered severable and shall not invalidate or make unenforceable the remainder of this Agreement.

 

13. Limitation on Liability and Indemnity.

OWNER AND/OR SEECTED OWNER AGREE(S) TO INDEMNIFY, DEFEND AND HOLD HARMLESS LTPL, AND ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, SUITS, CAUSES OF ACTION, JUDGEMENTS, COSTS, OR EXPENSES (INCLUDING COURT COSTS AND REASONABLE LEGAL FEES PAYABLE AS INCURRED) OF WHATEVER KIND OR NATURE ARISING FROM, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, THE DISPLAY, THE ADVERTISING CAMPAIGN OR ANY DAMAGE OR INJURY, OF WHATEVER KIND OR NATURE, ALLEGED TO BE SUFFERED OR SUFFERED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY FINES, PENALTIES, COMPENSATORY OR PUNITIVE DAMAGES. IN THE EVENT THAT ANY CLAIM AGAINST THE COMPANY IS UPHELD, THE AMOUNT OF DAMAGES WHICH THE COMPANY SHALL BE LIABLE TO PAY SHALL IN NO CIRCUMSTANCES EXCEED THE SUM OF Rs 5000.00 (INR FIVE THOUSAND ONLY)