Privacy Policy | Terms of Use

Thank you for visiting the ClickCar App/website (including its mobile device-ready version) or using the ClickCar mobile app. In this Privacy Notice, we refer to our websites and mobile apps together as our “Online Services.” We hope that you find our Online Services to be a useful part of your Vehicle Buying and Selling experience. This Privacy Notice describes the types of personal information we collect from consumers through our Online Services and in connection with our products and services, including when you visit our ClickCar locations. This notice also describes how we use the information, with whom we may share it, the choices available to you regarding our use of the information, the measures we take to protect the security of the information, and how you can contact us about our privacy practices.;

Please note that this Privacy Notice describes our overall privacy practices for our Online Services that link to this notice. The Privacy Notice does not apply to any website or mobile app operated by ClickCar that has a separate privacy policy or notice. This Privacy Notice does apply to information about consumers collected in ClickCar locations and in other ways.

ClickCar do not share consumer personal information with others.

Information we obtain

We may obtain information from and about you in different ways. We obtain information from content you submit or provide to us through our Online Services (such as when you research a vehicle) or in surveys, faxes, telephone calls, chat messages, emails, and other correspondence; from information you provide when you register for a ClickCar account; from information you provide to us when you submit a lead about a vehicle; test drive a vehicle, buy a vehicle from a ClickCar, have a vehicle appraised, or sell a vehicle to a ClickCar; from information you provide when you apply for financing; and from social media, such as social media handles, content and other data provided through third-party features (such as apps, tools, payment services, widgets, and plug-ins) or posted on social media pages (such as ClickCar’s social media page or pages accessible to the public). The types of personal information we may obtain directly from you include:

Identifiers, such as name, username and password, phone number, fax number, email and postal address, pancard number, adhar card number driver’s license number, and social media handle;
Sensitive Personal Information, including your government identification number, such as pancard number, adhar card number, login credentials, race or ethnic origin, marital status, payment information, and precise geolocation;
Commercial information, such as information about the transactions you conduct with us either online or in our stores (e.g., vehicle purchases, appraisals, and services), information about the vehicles that you have searched for or otherwise expressed or indicated an interest in, and payment information;
Professional information, such as information about your job and employer, salary information, and prior work history;
Demographics, such as military service, age, gender, marital status, date of birth, and other characteristics you provide to us via the Online Services or in our stores;
Records of your interactions with our call center representatives, such as audio recordings;
Internet or other electronic activities, such as internet session information;
Preferences, such as preferred store and communications preferences; and
Inferences drawn from the categories of personal information described above.

We also may collect other information in connection with our Online Services, products and services in ways that we describe at the time of collection or otherwise with your consent. As a reminder, if you are a consumer who provides personal information to us in connection with our financing services, please read or contact our finance providing companies.

Automated Collection of Data

When you visit or interact with our Online Services or open our emails, we may obtain certain information by automated means. ClickCar may use a variety of technologies to collect this information, such as browser cookies, flash cookies, web beacons, mobile device identifiers, server logs, and other technologies. A browser “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our Online Services and third-party digital services; (3) tailor our Online Services around your preferences; (4) measure the usability of our Online Services; (5) understand the effectiveness of our communications; (6) identify, diagnose and resolve technical issues; and (7) otherwise manage and enhance our Online Services, products and services.

The information we obtain in this manner may include:

Identifiers, such as your device IP address and identifiers associated with your devices and apps;
Online activities, such as dates and times of website visits and app use, content viewed, your search terms, operating system and browser used, mouse clicks, and how you accessed the Online Services;
Geolocation data. When you use our Online Services, we may infer your location via your IP address or other information regarding your network connection. In addition, with your consent, our mobile device-ready website or mobile app (our “Mobile Services”) may collect precise information about the geographic location of your device. If your device is equipped with GPS or can connect with wireless access points or hot spots, or if your device is also a phone that communicates with cell towers or satellites, then your device is able to use these features to determine its precise geographic location. If you have consented using your device’s user interface, the geographic location of your device will be transmitted to our servers in real time any time that our mobile app is running(even if you are not actively using the app or it is minimized on your device). Once you set your device to transmit its location information to us, your device will continue to transmit its location information to us(when it is open) until you set your device to no longer do so. You may at any time opt out from allowing us to have access to your device’s location information by accessing our app’s location settings on your device and setting your device not to share its location with us.

Third-party Sources

We collect information from third parties, such as social media platforms, government agencies including the DMV, credit reporting agencies, reputation and identify verification services, vehicle history services, insurance companies, skip trace vendors, marketing vendors, data analytics companies and data suppliers. The categories of information that we collect about you from such sources are:

Identifiers;
Financial, medical, or health insurance information;
Demographics;
Commercial information;
Biometric information;
Online activities;
Geolocation data;
Professional information;
Education information;
Preferences; and
Sensitive information, such as precise geolocation, government identifiers, and race or ethnic origin.

We receive from third parties who work with you in many different ways, though we do not receive information that directly identifies you.

How we use the information we obtain

We collect and use your personal information for the following business purposes:

Providing and operating our Online Services, products and services, such as to provide you with the results of your searches;
Processing, evaluating, and responding to requests, inquiries, and claims we receive in connection with our Online Services, products and services;
Entering into and finalizing our transactions with you, including vehicle purchases, appraisals, and vehicle service;
Creating, managing, and administering your ClickCar account or ClickCar Auto Finance account, including identifying and authenticating you so you may access your account or use certain features of our Online Services;
Providing customer and technical support;
Providing you with marketing materials, such as to send you information about newly available vehicles and special offers and telling you about new features or updates;
Providing you with information, notices, offers, brochures, and advertising on our and third-party websites and mobile apps, by email and text, and in other ways;
Communicating with you about and administering your participation in surveys, special events, and other offers and promotions;
Performing data analytics, market research, and other processing;
Operating, evaluating and improving our business and Online Services (including developing new products and services; enhancing and improving our Online Services, products and services; managing our communications; measuring the effectiveness of our sales, advertising, communications and marketing; analyzing our customer base, Online Services, products and services; performing accounting, auditing and other internal functions; and connecting your interactions with our Customer Service Specialists, our website and our physical stores to enable you to progress in your car shopping, selling, financing and service journey as efficiently as possible);
Protecting against, identifying, and preventing fraud and other criminal activity, claims and other liabilities; and
Complying with applicable regulatory and legal requirements, relevant industry standards, and our policies, including this Privacy Notice and our Terms of Use; and
Responding to legal, court, or regulatory investigations or requests for information.

We also may use the information we obtain about you in other ways for which we provide specific notice and obtain your consent if required by applicable law.

In addition, we may combine information that we obtain about you. For example, we may combine:

Information that we have obtained offline, including in-person at our stores or over the phone, with information we obtain through our Online Services;
Information we obtain through automated means with information you submit to us;
Information about our transactions and experiences with you with other information we have collected from you;
Financial information we learn about you with other information we obtain; and
Information we get from a third-party with information we already have.

Third-Party Web Analytics Services

We use third-party online analytics services on our Online Services, including “Google Analytics” and Google reCAPTCHA v3 to collect information about use of our Online Services. Learn more about how Google uses information from sites or apps that use Google Analytics.

Online Tracking and Interest-Based Advertising

We collect information about your online activities over time and across different websites, apps and devices, including from third-party websites and apps. We also work with third-parties, such as ad networks and other service providers, which collect information about your online activities in this way. To do this, we (including the third-parties) may use browser cookies, web beacons, flash cookies, unique identifiers associated with your devices and apps, and other technologies. The information collected via these technologies is described in the Automated Collection of Data section above.;

We and certain third parties display interest-based advertising using information gathered about you over time and across devices and third-party websites, apps and platforms. Interest-based advertising or “online behavioral advertising” includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. These ads might be served on websites or on mobile apps. They might also be served in emails or other ways. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.

To decide what is relevant to you, we and certain third parties, such as our ad networks and other service providers, use information you make available to us when you interact with us, our affiliates, and other third parties. We and certain third parties gather this information using tracking tools, such as those described above. For example, we or the third parties may look at your browsing behaviors across devices. We and the third parties also may look at these activities on our apps and platforms and the apps and platforms of others.

We work with third parties who help gather this information and serve ads. These third parties might link your name, email address and other information to data they obtain. That might include past purchases made offline or online. Or, it might include online usage information.

To learn how to opt out of certain ad network interest-based advertising in the India and other countries., please visit YourAdChoices and Network Marketing Initiative websites. Choices you make may be browser-specific and device-specific. In addition, your mobile device settings may allow you to limit your device from sharing certain information for advertising purposes. Learn more information on these types of settings by exploring Google Play Help - Advertising ID and limiting your Apple ad tracking. Additional information about opting out of targeted advertising is included in the Your Rights section below.

Information Sharing

We may share your personal information with third parties for the business purposes described above in accordance with applicable law:

We may share information within the ClickCar family of companies;
We may share information with third parties who perform services for us or on our behalf. For example, we share information with vendors who send emails for us. We may also share information with companies that operate our websites or run a promotion. The information we share may include location information. We do not authorize our service providers to use or disclose the information except as necessary to perform services for us or on our behalf or to comply with legal requirements;
We may share information with third parties to complete your transactions, including Departments of Motor Vehicles and third-party finance companies;
We may share information if you are a winner of a bid, contest, or promotion. For example, we may share your information if you win a bid or contest as part of a winner’s list. We may also publish this winner’s list publicly;
We may share information with our business partners. For example, we will share information with third parties who cosponsor a promotion. These partners may send you information about events and products by mail or email;
We may share information if we think we are required to do so or believe that we have to do so in order to protect ourselves. For example, we may share information to respond to a court order or subpoena. We may share it in response to requests by a government agency or investigatory body. We may share information to establish, exercise or defend our legal rights or when we are investigating suspected or actual illegal activity or fraud;
We may share information with any successor to all or part of our business. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets(including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation); and
We may share information for other reasons we may describe to you;
We may share information with any other third party with your prior consent.

We disclose the following categories of personal information for business and operational purposes, such as auditing transactions, data security, debugging and product improvement, customer service, fulfillment, marketing, advertising, analytics, processing transactions, and servicing and maintaining accounts:

Identifiers;
Commercial information;
Online activities;
Professional information;
Geolocation data;
Education information;
Records of your interactions with us;
Demographics; and
Preferences.

Law requires that we describe certain disclosures of personal information where we receive valuable consideration. Law considers a “sale” even if no money is exchanged, and disclosures of personal information for purposes of targeted advertising, considered “sharing” under law. In the course of supporting ClickCar digital advertising activities, we “sell” or “share information to digital marketing partners. They use this information to provide us with digital advertising services, and may use the information to improve the services and offerings they provide to us and other businesses. The information we “sell” or “share” in this manner includes information collected when you engage with our website, mobile application, and other digital offerings.

Choices

We offer you certain choices in connection with the personal information we obtain about you. To update your preferences or limit the communications you receive from us, please contact us as specified in the How to contact us section of this Privacy Notice.

When you use our mobile device-ready website or mobile app (our “Mobile Services”), we may assign a unique identifier to your mobile device which will enable us to identify your device and send you push notifications. If you wish to turn off push notifications, go to your device’s settings and turn off push notifications from the ClickCar mobile app or turn off push notifications directly through the ClickCar mobile app. You can stop all collection of information by our mobile app by uninstalling it. You may use the standard uninstall process on your mobile device or the mobile app marketplace or network.

Your Rights

You may have rights to submit certain requests regarding our processing of their information. Depending on where you reside, you may have some of the following rights with respect to your personal information, subject to applicable exceptions:

Right to Access or Know: You may have the right to confirm that we have collected personal information about you and know what personal information we have collected about you, including, as applicable, the categories of personal information we have collected, the sources from which we collected that personal information, the business or commercial purposes for which we collected, sold, and shared that personal information, the categories of personal information that we sold, shared, or disclosed to third parties for business purposes and the categories of third parties to whom we sold, shared or disclosed personal information.
Right to Correct: You may request that we correct personal information that we hold about you.
Right to Deletion: You may be entitled to request that we delete the personal information that we have collected from you, though we may be permitted or required to retain personal information for certain purposes.
Right to Opt-Out of Sales and Sharing of Personal Information for Targeted Advertising: You may be entitled to opt out of sales of your personal information to third parties and to opt out of the disclosure or processing of your personal information for certain targeted advertising.
Right to Appeal: You may appeal any decision we make with respect to your rights requests.
Third-Parties Making Requests on Behalf of Others: Should you desire to have an authorized agent submit requests on your behalf, the authorized agent will need to provide certain information about them and you and provide documentation showing they are authorized to make such requests.
Right to Limit the Processing of Sensitive Personal Information: We only use and disclose sensitive Personal Information for the purposes expressly permitted under law.
Right to Non-Discrimination: You have the right not to receive discriminatory treatment if you exercise the rights conferred to you by applicable privacy law.

You may exercise these rights without fear of being denied goods or services. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information. You can exercise your rights online or by contacting us.

Due to the sensitive nature of the personal information ClickCar may collect or maintain about you, to exercise certain of the rights described above, you may need to answer a few questions to verify your identity. ClickCar uses a third party to administer the identity verification process. ClickCar does not have access to the information included in the questions.

Other online services and third-party features

Our Online Services may transfer you or provide links to other online services, including websites, for your convenience and information, and may include third-party features such as apps, tools, payment services, widgets and plug-ins, including for Facebook, LinkedIn, Instagram, whatsapp or Twitter. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, ClickCar is not responsible for these third parties’ information practices.

We maintain presence on several social networking and blogging platforms, such as Facebook and Twitter, Instagram, whatsapp and we also incorporate some third-party social networking features into our Online Services. Through these platforms and features, we may receive information about you, and this Privacy Notice applies to that information as well. In addition, third-party social networking platforms and blogging platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information.

How we protect personal information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Financial privacy

If you are a consumer who uses our financial services, please review our Financial Privacy Policy.

Children's privacy

The Online Services are not directed to children under the age of eighteen, and we do not knowingly collect personal information from children under the age of eighteen through our Services. We encourage parents and legal guardians to help enforce our Privacy Notice by instructing children under the age of eighteen not to download or use the Online Services.

How Long We Keep Your Information

We retain the personal information we collect for as long as reasonably necessary to achieve the purposes disclosed at the point of collection or in this Privacy Notice, unless a shorter retention period is required by law. The length of retention may vary depending upon factors such as:

The existence of an ongoing relationship between you and us;
Recordkeeping or legal compliance requirements; and
The need to resolve inquiries or complaints.

Updates to our privacy notice

From time to time, we may change our privacy practices. This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post an updated copy on our website/app and indicate at the top of the Privacy Notice when it was most recently updated. Please check our site/app periodically for updates. If we make a material change to our Privacy Notice, we will take reasonable steps to notify you, such as sending an email or posting notice on the Online Services.

How to contact us

If you have any questions about this Privacy Notice or our privacy practices you may contact us by e-mail or call us, or if you would like us to limit the communications from us, please contact us by e-mail or call us on our given contact number.

Contact us for any Support

Email : Help.ClickCar@gmail.com

Phone : +91 9898662801

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Terms of Use

Last updated Jan 06, 2024

Thank you for visiting ClickCar. (referred to in these Terms of Use as “ClickCar,” “us,” or “we”) provide websites, networks, mobile applications, and other digital services to you when you visit or shop at ClickCar.com, use ClickCar digital products or services, and use ClickCar applications for mobile devices (collectively referred to as “Services”). ClickCar provides the Services subject to these “Terms of Use.” Except as expressly addressed in these Terms of Use or in other disclosures presented to you.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. IT ALSO REQUIRES YOU TO GIVE UP YOUR RIGHT TO PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “DISPUTES” SECTION BELOW.

Introduction
Eligibility & Jurisdiction; Content; License and Access
Prohibited Uses
Account Creation; User Material Guidelines
Monitoring
Accuracy of Information; Corrections
Third Party Content, Sites, and Services
Ownership and Proprietary Rights; Intellectual Property
Disputes
Governing Law; Waiver of Jury Trial
Warranty and Limitation of Liability
Indemnification
Driver’s License Information
Export Policy
Promotions
Communications
Mobile Application Users
Contact Information
Miscellaneous

1. Introduction

BY USING CLICKCAR’S SERVICES, YOU AGREE TO THESE TERMS OF USE, AS UPDATED FROM TIME-TO-TIME. The date of the most recent revisions will appear at the top of this page, so check back often.

These Terms of Use are binding on all individuals and entities who access, visit, and use the Services, including all persons, entities, and digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process (collectively, “you” and “your”). Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms of Use. If you disagree with these Terms of Use, or if you violate, breach, fail to follow, or act inconsistently with these Terms of Use or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized, and ClickCar reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms of Use, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. We reserve the right, in addition to other remedies, to take any technical, legal or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms of Use. As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services.

ClickCar may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. ClickCar will not be liable to you should it exercise those rights.

Additional terms and conditions apply to some Services (for example, ClickCar Auto Finance Online Account Services Agreement, E-Sign Consent and Agreement, Text Message Terms and Conditions), and these terms can be found where the relevant Service is offered and are incorporated into these Terms of Use by reference. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern.

Commission / Fees

Listing your vehicle on ClickCar platform Free but when your vehicle get sold from our platform or you buy any vehicle through our platform or through our office we do charge fees for the transaction happened through our platform or through our office or through our employee. Minimum fees / commission for any vehicles is Rs. 5000 or 1% of the vehicle sold value whichever is more. Commission / fees will be collected from both side parties. Each will pay Minimum fees / commission for any vehicles is Rs. 5000 or 1% of the vehicle sold value whichever is more.

2. Eligibility & Jurisdiction; Content; License and Access

Eligibility & Jurisdiction

The Services are controlled and operated by ClickCar from the INDIA and are not intended to subject ClickCar to the laws or jurisdiction of any state, country, or territory other than the INDIA (excluding unincorporated territories, Some areas as per Indian rules). ClickCar does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the INDIA. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

The Services are intended only for use in the INDIA by individuals who are 18 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services you represent and affirm that you meet these requirements. If you choose to access this site from a location outside the INDIA, you are responsible for compliance with local laws.

ClickCar does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.

Content

These Terms of Use govern all content on the Services, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by ClickCar, our licensors, partners vendors, and/or other service providers (“Content”).

License and Access

Subject to your compliance with these Terms of Use, ClickCar grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services and to download and use any ClickCar mobile application (“Mobile Application”) on your mobile device, for your personal, NONCOMMERCIAL use only. As part of this, you may print, save, download, and share vehicle information, saved searches, your ClickCar Auto Finance account information (subject to the below requirements), any paperwork or other information relating to your transaction, and the online credit application for your non-commercial, personal use only. This license does not include any resale or commercial use of any Services or its Content, any collection or use of any product listings, descriptions, or prices, any derivative use of any Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.

3. Prohibited Uses

You may only use these Services for lawful purposes and in accordance with these Terms of Use. As a condition of your use of these Services, you warrant to ClickCar that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:

Access and/or use any other person’s User Information (defined below) or account, unless you have their express permission to do so.
Impersonate, imitate, or pretend to be someone else, by setting up different accounts or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.
Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content (including product listings, descriptions, or prices), or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms of Use, without ClickCar’s express written consent;
Except as provided in these Terms of Use, download, copy or transmit any Content for the benefit of any third party or for use with another service without ClickCar’s express written consent.
Make available any User Materials (defined below) through or in connection with the Services that is or may be in violation of the User Material Guidelines (set out below).
Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.
Restrict or inhibit another person from using the Services.
Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
Remove or modify any copyright or other intellectual property notices that appear in the Services.
Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services into any product or service, unless you obtain ClickCar’s express written consent.
Systematically download or store any materials except as expressly authorized by these Terms of Use.
Use any robot, spider, site search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services, without ClickCar’s express prior written consent.
Cause injury to any person or entity.
Violate any law, rule, or regulation, or these Terms of Use.
Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by ClickCar.
Use the Services or ClickCar’s name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation.
Use any meta tags or other hidden text or metadata utilizing a ClickCar trademark, logo, URL, or product name without ClickCar’s express written consent.
Harvest or collect personally identifiable information about other users of the Services.
Attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms of Use.

4. Account Creation; User Material Guidelines

Account Creation

We may at times require you to register and/or set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to create, or you will be provided with, a password and User ID, and you may be required to provide your name, telephone number(s), email address, street address, and other personally identifiable information (“User Information”). In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies. All User Information submitted to ClickCar through whatever channel becomes and remains the property of ClickCar subject to applicable law. Consequently, we may use any User Information you submit for any purpose we deem appropriate in accordance with these Terms of Use and our Privacy Policy. We maintain strict physical, technical, and administrative safeguards to protect your User Information from unauthorized or inappropriate access.

You agree, warrant, represent, and guarantee that all User Information you submit to ClickCar is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your User Information changes, you must update it via the mechanisms provided.

CLICKCAR SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, AND UP-TO-DATE USER INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION FROM CLICKCAR. CLICKCAR SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION. CLICKCAR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING YOUR USERNAME, PASSWORD, AND/OR ONLINE ACCOUNT SERVICES WITH SOMEONE ELSE. IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR ONLINE ACCOUNT SERVICES, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.

ClickCar reserves the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services.

You are solely responsible for the following:

Maintaining the confidentiality of your User ID, password, and User Information and
All access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.

You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third party without ClickCar’s written approval.

If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, and/or close the account/profile.

ClickCar is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.

User Material Guidelines

You are welcome to submit reviews, comments, and other communications, videos, photos, or other content via the Services or via any ClickCar-managed social media channels (e.g., Twitter, Facebook, Instagram, etc.) (“User Materials”). You acknowledge and agree that you are responsible for all User Materials you make available on any Services and/or in any ClickCar-managed social media channels. You represent and warrant that (1) you have the authority to grant the rights in such User Materials as set forth below and (2) such User Materials, and the use of such User Materials, shall not violate these Terms of Use.

By submitting User Materials via the Services or via any ClickCar-managed social media channels, you grant to ClickCar a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any User Materials you make available, in any media or medium, in any form, format, or forum, and for any purpose, without compensation to you. For this reason, do not send any User Materials to us that you do not wish to license to us, including any confidential information. You also grant to ClickCar a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Materials. In addition, you grant ClickCar the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that ClickCar is under no obligation to attribute such User Materials to you. You waive any “moral rights” or other rights with respect to authorship or attribution or integrity of materials regarding User Materials that you may have under any applicable law or theory. You agree you will indemnify ClickCar for all claims relating from any User Materials you supply. ClickCar takes no responsibility and assumes no liability for any User Materials posted by you or a third party.

You agree that you will not make User Materials available on the Services that:

Are false or misleading;
Violate any applicable laws;
Would infringe upon any third party’s intellectual property rights or other rights (without the owner’s written consent);
Are obscene, indecent, pornographic, violent, or otherwise objectionable;
Are derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by ClickCar, in its sole discretion);
Harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law;
Contain advertisements, solicitations, or SPAM links to other websites or individuals, without ClickCar’s prior written permission;
Contain or relate to chain letters or pyramid schemes;
Impersonate another business, person or entity, including ClickCar, its related entities, employees, and agents;
Violate any policy posted on the Services or on any third-party platform (e.g., social media platforms); or
Are intended to cause harm, damage, disable, or otherwise interfere with the Services.

5. Monitoring

To provide all users of our Services with a positive experience, we may monitor activities on the Services to ensure compliance with these Terms of Use. By utilizing the Services, you agree to such monitoring. ClickCar shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any User Materials available through the Services for any reason, including violations of these Terms of Use. Nonetheless, ClickCar does not represent, warrant or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action – or any action at all – in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.

6. Accuracy of Information; Corrections

Accuracy of Website Information

ClickCar designed its Services to meet your car-shopping needs by providing you with accurate and up-to-date information about ClickCar’s inventory and offerings across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices for or features/accessories on particular vehicles, the availability of credit, the terms of any such credit, and any features that may estimate credit terms. Additionally, the color and general appearance of vehicles in photographs may appear differently in person depending on your device settings. ClickCar does not guarantee the accuracy of such information. All vehicles are subject to prior sale and may not be available when you are ready for purchase. Further, ClickCar reserves the right to change productor credit pricing and specifications, as well as the terms of our guarantees and warranties, without notice. You agree that reliance on the vehicle listings and descriptions on the Services is at your own risk. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our Services before you visit that store location.

Corrections

If any information contained in this Terms of Use is inaccurate, we will gladly correct it. Simply Email us, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

7. Third-Party Content, Sites, and Services

Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product or services. ClickCar assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party social media or mobile application platform with which the Services operate or otherwise interact, and ClickCar has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, ClickCar assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance. Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“Third-Party Software”). Such Third-Party Software license terms shall apply to the corresponding Third-Party Software file in lieu of these Terms of Use.

When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third-Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.

8. Ownership and Proprietary Rights; Intellectual Property

Ownership and Proprietary Rights

You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of ClickCar or ClickCar’s third-party licensors. Except as expressly authorized by these Terms of Use, you may not make use of the Content and Services, and ClickCar reserves all rights to the Content and Services not granted expressly in these Terms of Use.

NOTICE: The following sentence applies to certain images owned by ClickCar: The automotive images or video contained herein are owned by Their Owners (Manufacturers) and are protected under INDIA and international copyright law. ClickCar reserves the right to pursue unauthorized users of its individual copyrighted images contained on the Services. These and other violations of Owner’s intellectual property rights may result in your liability for actual damages and loss of income to Image owner and profits you derive from this appropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys’ fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. We reserve the right to pursue all legal and equitable remedies against unauthorized uses.

Intellectual Property

ClickCar is the owner of a number of registered trademarks and service marks, including, but not limited to, CA (stylized design), CLICKCAR, CLICK-CAR (with dashes), CLICKCAR (stylized design-Color), CLICKCAR AUCTIONS (design), CLICKCAR AUCTION PERKS, CLICKCARAUCTIONS.COM, CLICKCAR AUTO FINANCE, CLICKCAR CARES (design), CLICKCAR CARES (words only), CLICKCAR CERTIFIED QUALITY INSPECTION, CLICKCAR FOUNDATION (with dotted line above foundation), CLICKCAR SERVICE CENTER (design), CLICKCAR THE AUTO SUPERSTORE, CLICKCAR THE AUTO SUPERSTORE (design & letters), CLICKCAR.COM, CM (stylized design), MAXCARE, THE AUTO SUPERSTORE, THE CLICKCAR FOUNDATION, THE GLOVEBOX, THE WAY CAR BUYING SHOULD BE., and WE’LL BUY YOUR CAR EVEN IF YOU DON’T BUY OURS!. Any unauthorized use, replication, or other violations of trademark law will be prosecuted. All other trademarks not owned by ClickCar or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ClickCar.

9. Disputes

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By using or accessing the Services, you agree to this Disputes Section. Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.

YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:

(1) ANY AND ALL CLAIMS (DEFINED BELOW) WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”) AND

(2) IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY AND:

(A) ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL;

(B) DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR; AND

A “Claim” is any claim, dispute or controversy between you and us that in any way arises from or relates to the Services and/or these Terms of Use, including but not limited to:

Initial claims, counterclaims, crossclaims and third-party claims;
Disputes based on contract, tort, consumer rights, fraud and other intentional torts (at law or in equity, including any claim for injunctive or declaratory relief);
Disputes based on constitutional grounds or on laws, regulations, ordinances or similar provisions; and
Disputes about the validity, enforceability, arbitrability or scope of this Disputes Section or these Terms of Use, subject to paragraph (e) of this Disputes Section.

Arbitration Details

Commencing Arbitration. Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute (“Notice”). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the Claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.

Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or we then may choose arbitration.

Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s Claim or Claims. Notwithstanding any other part of this Disputes Section, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Disputes Section (except for this paragraph) will be null and void.

Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the rules and procedures of the Administrator.
Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Disputes Section to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator’s rules provide otherwise. However, we will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing party.
Governing Law. This Disputes Section is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consis