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Terms and Conditions
Terms and Conditions
Earthmovers24 is a unit of JSR Earthmovers a Limited Liability Partnership owns and operates a website i.e. https://www.Earthmovers24.com/ including its mobile applications that allows users to sell pre-owned Construction machine. These terms and conditions (“Terms”) shall govern the use or access to the Website and Services (as defined below).
These Terms constitute a binding and enforceable legal contract between the Company and the user of the website (“you, your or user”).
Capitalised terms, unless defined herein, shall have the meaning ascribed to them under the Privacy Policy.
No information provided on the Website shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record for the purpose of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder. These Terms do not require any digital or electronic signature. You must not modify the paper or digital copies of any materials you have printed, or downloaded from, our Websites in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to the Terms, you must not access this Website
Company Profile
The Company is a Limited liability Partnership incorporated under the Limited Liability Partnership Rules ,2009 and is engaged in the business of trading in pre-owned construction equipment and providing services incidental and ancillary thereto.
The Website is owned and managed by the Company. Please read the Terms to acquaint yourself of the practices of the Company, with regard to your use of the domain and subdomains of our Website, which includes only the domains and subdomains being operated by the Company and does not include the domains or subdomains licensed out by the Company. It is acknowledged by you that upon being redirected to, or opening a domain which is not owned or operated by the Company, you are bound by the terms of use of that third party domain or subdomain irrespective of whether it is licensed by the Company to a third party.
We endeavor to make the process of trading in pre-owned construction machines an amazing and hassle-free experience for our customers. We hereby clarify that the Services mentioned on the Website are subject to availability. The online valuations of a Construction equipment provided by the Company are only prima facie quotations arrived on the basis of the information provided by you and are subject to change on further inspection of the equipment. The Company reserves the right to modify, amend and/or alter the said Service(s) based on its sole discretion and no such Services shall be deemed to be any offer or acceptance by the Company unless the same are accepted by the Company separately in writing through its authorized representatives. For specific price information, terms applicable, program and product information, please contact our customer care helpline at +91 9625840024or e-mail us at info@Earthmovers24.com.
Machine Valuation and Purchase Services
The Website allows you to book an appointment for the Company or its representatives to conduct a site inspection or a self-inspection by calling a representative of the Company or through the website (an ‘Appointment’). The actual sale price of the machine can only be evaluated and offered after a physical inspection of the Machine by authorized evaluators of the Company. The Company always carries out a physical inspection of the machine before it conveys the intent to proceed with further transaction for arriving at a final sale price. Physical inspection of the machine involves a thorough inspection of the vehicle including all working components and features and which shall be the critical factors to arrive at a sale price of the Machine, which may be offered by the Company accordingly (collectively, “Services”). Please note that ‘Services’ would include any other future services we may provide or propose to provide. You shall also be required to provide further details including the details of the Machine, which shall be done at the time of Appointment and before the carrying out of the physical inspection of the Machine.
The price offered by the Company shall be non-negotiable and subject to change only at the Company’s discretion.
Customer Profile & Information
- To avail the Services, you would be required to share your email ID and phone number, among other details as mentioned on website. You warrant that all information furnished in connection with your Profile is and shall remain accurate and true in all respects. You further agree and undertake to promptly update your details on the Website in the event of any change or modification of such details.
- You expressly agree to be liable and accountable for all activities that take place through your Profile in furtherance of the use of the Website or the Service provided or otherwise. The Company expressly excludes any liability for any unauthorised access to your Profile.
- You agree to receive communications from the Company regarding: (i) information relating to transactions recorded on the Website; (ii) requests for payment; (iii) information about the Company and the Services; (iv) promotional offers and services from the Company and its third party partners, and (v) any other matter in relation to the Services.
Third Party Services
- The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided the services and acknowledge that use of such Third-Party Services is solely at your own risk.
- The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including the accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
Limitation of Liability
We shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use our online portal or the purchased equipment.
Term And Termination
- These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
- The Company may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the user violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
- Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
- Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.
Exclusion of Warranties
The Company expressly disclaims all warranties, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. The Customer acknowledges that they have not relied on any representations or statements made by the Company regarding the Equipment’s quality or fitness for a particular purpose.
Indemnification
You shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your use of the Website or the Services provided, including any violation of these Terms or any infringement by you of any third party right or on account of any third party who may use your account with the Company.
Consent to Electronic Communications
Administrative Communications – By using the Service, you agree that we may communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Service.
Consent – You consent to receiving our email newsletter and other marketing-related emails from us. If you wish to remove yourself from our email list for such marketing-related emails, please use the unsubscribe link in any email received from us, or email us with “OPT-OUT”, “UNSUBSCRIBE”, “STOP”, or “REMOVE” in the subject line.
SMS Messaging – By using the Service, you agree that Earthmovers24 may send you transactional and promotional text (SMS) messages in connection with your use of the Service. You may opt out of receiving text (SMS) messages through the Service at any time by responding “STOP” or emailing info@earthmovers24.com. Opting out of receiving text (SMS) messages may impact and limit your use of the Service. Please be aware that your cellular carrier may charge fees in connection with your use of the Service. You are responsible for any mobile charges that you may incur in connection with using the Service, including data charges. If you are not sure what those charges may be, you should ask your carrier before using the Service. Earthmovers24 is not responsible or liable for any fees, costs, or overage charges associated with any data charges or data plan.
Fees/Charges
The Company reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services and/or action under applicable law.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Changes To This Privacy Policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Jurisdiction, Governing Laws, And Dispute Resolution
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Haryana and / or Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Haryana and / or Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
Contact us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@earthmovers24.com
