Tractor For Everyone ("TFE" or "Company") welcomes you to tractorforeveryone.com! By accessing our platform, you acknowledge and agree to the following terms and conditions:

1. Entire Agreement:

These Terms of Use, along with our Privacy Policy, Additional Terms and Conditions, and Terms of Sale, constitute the entire agreement between TFE and you, constitute the entire agreement ("Agreement") between TFE and You.

- Privacy Policy

- Additional Terms and Conditions

- Terms of Sale

You acknowledge and agree that Your usage of the Website is strictly regulated and governed by the terms and conditions of this Agreement by accepting these Terms and Conditions.

2. Eligibility:

Our services are exclusively available to individuals of legal age who can form contracts under the Indian Contract Act, of 1872. or any other applicable laws in India. Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent, or otherwise) are not eligible to use Our Website and avail of Our Services. BY ACCESSING OUR WEBSITE OR AVAILING OF ANY OF OUR SERVICES, YOU REPRESENT TO THE TFE THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE TERMS OF USE. Additionally, TFE reserves the right, without assigning any reason, to restrict or limit Your access to the Website and may terminate Your access to the Website, denying the Services or any other product available through Our Website. This right of suspension/termination of Services of TFE, is in addition to any other remedy available to TFE, for access & usage of Website or availing any of Our Services through Website, which is in contravention of any of the terms and conditions of Terms of Use or this Agreement or any other applicable law.

3. Important:

This Website functions as an online marketplace and intermediary under the Information Technology Act, of 2000, providing a platform for users to access the Services. Information provided on the Website is for informational purposes only and does not substitute specific advice, including investment, legal, or taxation advice. TFE cannot be held liable for any transactions between Users of the Website. By accessing, browsing, and using this Website or availing Services, you acknowledge and agree that your understanding of this limited and restricted use is out of your own free will, discretion, and responsibility.

TFE reserves its right to modify, suspend, cancel, or discontinue any or all sections, or Services at any time without any notice. TFE reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that TFE shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website.

You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.

From time to time TFE may supplement its Terms of Use with additional terms pertaining to specific content and Your usage of mobile app may further require you to abide by the additional terms of the third party. These terms are collectively referred as ("Additional Terms"). Such Additional Terms are hereby incorporated by reference into these Terms of Use.

4. Services: 

TFE serves as a platform for Users of the Website, acting as an intermediary to facilitate transactions. The information and materials available on the Website are intended to assist Users interested in TFE's Services, providing them with options before finalizing transactions.. All the services listed above are provided at the sole discretion of TFE. You acknowledge and agree that TFE may add, modify, or remove any services/products listed above without prior notice or liability. 

Among other services and information, TFE may provide any or all of the below-listed services to the Users:

i.  The website may provide the information on new tractors or upcoming tractors including without limitation price, specifications, dealer locations, etc.

ii. TFE will provide services to research tractors, prices, technical specifications, other tractor attributes, and warranty and roadside assistance.

iii. The services can include listing of your used tractors, online or browsing through the list of used tractors listed by Users of TFE. Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, services to other Users of the Website. TFE makes no claims that the any such information / data as available is accurate or applicability of the information to any specific situation.

iv. TFE may also provide the user the ability to send SMS to the user's top callers or send an email to the users friends letting them know about the service.

v. Website may provide certain Features, Content ("Features" and "Content" are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.

vi. The website may provide the facility to the Users for their engagement for buying and selling the various products under the Terms of Use.

vii. TFE may also provide services towards the facilitation of the sale and purchase of Your used tractor to used tractor dealers and other services ancillary and incidental thereto including without limitation inspection and price discovery/valuation of Your used tractor.

5. Features and Content:  

TFE permits Users to upload or post certain content, data, or information, including messages, files, photographs, etc., collectively referred to as "User Content." As the originator of the User Content, you are solely responsible for the User Content that you upload or post. You acknowledge that TFE does not endorse any User Content on the Website and is not responsible or liable for any User Content. By posting or providing User Content on or through the Website, you grant TFE a perpetual, non-revocable, worldwide, royalty-free, and sublicensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt, and create derivative works of the User Content.

These terms and conditions are an electronic contract formed under the Information Technology Act, of 2000, and its associated rules and provisions concerning electronic documents and records. Please read these terms carefully before using or registering on the Website listing any item, accessing any material, information, or services, or posting any advertisement/information on the Website.

6. Your Account and Login Options:  

Users may access the Website and available information and materials as guest users without the need for registration. Certain features and information on the Website are restricted to registered users, known as "guest users," who do not need to register or create an account. To access features not available to guest users, registration and account creation are required. This involves providing certain details such as name, contact information, email address, etc. Upon completing the registration process and providing Your Information, TFE sets up an account for you by assigning a unique login ID and password ("Your Account"). Subject to compliance with account creation guidelines and any other applicable laws or rules, TFE recognizes you as a registered user ("Registered User").

As a Registered User, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of Your Account details and shall not disclose them to any other person. Any activity occurring under Your Account is your responsibility. You agree that the information provided during registration or account creation shall be truthful, accurate, and current, and you shall not use another person's details or account. TFE reserves the right to suspend, delete, or limit/deny access to Your Account or the Website or Services if the provided information is found to be untrue, false, inaccurate, not current, or pertains to another user's account. The collection, storage, sharing, or disclosure of Your Information provided to us shall be governed by TFE's Privacy Policy.

7. User’s Obligation:  

Subject to compliance with all applicable laws, rules, and terms and conditions of this Agreement, TFE grants the User limited permission to access and use the Website and avail the Services provided through or at the Website. When using the Website or Services, you agree to:

1. Use or access the Website or avail the Services only through the interface provided by TFE.

2. Not host, display, upload, modify, publish, transmit, or share any information or Content that violates any applicable laws or regulations.

3. Do Not attempt to gain unauthorized access to other users' accounts, Website features, or any systems or networks connected to the Website.

4. Do Not probe, scan, or test the vulnerability of the Website or disrupt its security measures.

5. Not use the Website or Content for unlawful purposes or to solicit illegal activities.

6. Comply with all applicable guidelines and terms of this Agreement and refrain from making negative or defamatory statements about TFE or its brand.

By using the Website or availing the Services, you agree to abide by these obligations and undertake not to engage in any activities that violate this Agreement or applicable laws.

8. Audit: 

TFE reserves the right to audit the Content, User Content, and Features available on the Website, or any other material or information posted/uploaded by users. If TFE determines that any Content/User Content violates any applicable law or the terms and conditions of this Agreement, TFE may remove, edit, or block such material without prior notice. While TFE does not pre-screen User Content, TFE has the right to accept, refuse, move, or remove any Content available via the Website. You acknowledge and understand that all User Content is the sole responsibility of the person from whom such User Content originated. Additionally, you acknowledge and agree that such User Content does not necessarily reflect the views of TFE, nor does TFE endorse any such User Content. Furthermore, TFE may share information related to such instances with government agencies for the purpose of verifying the identity of users or for prevention, detection, investigation, prosecution, and punishment of unlawful activities.

 

9. Buyers: 

When purchasing products from the Website, Buyers do so at their discretion, risk, and responsibility. TFE does not provide any recommendations or warranties regarding the quality, functionality, or fitness for a particular purpose of the products. Buyers are responsible for completing any necessary documentation by applicable laws when purchasing a product through the Website. TFE strongly advises against submitting false purchase requests on the Website.

 

You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including the actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not TFE, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.

TFE may from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.

It is clarified that any Scheme provided by the TFE unless otherwise provided, shall not be clubbed or combined with any other scheme available on the Website. Further to this, TFE, depending upon the different circumstances, may suspend/cancel/vary the Scheme without any notice.

When Buyer buys any product after visiting the Website, Buyer shall alone be responsible for completing the documentation part as per applicable laws and TFE shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.

If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. TFE is not and shall not be obliged to provide any such additional services. TFE only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.

TFE strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by TFE and/or Seller. Please be aware that even if you do not give TFE, your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.

Only individuals are permitted to purchase any used tractors listed for sale on the Website, provided that the use of such used tractors thereafter is restricted to their use only. Dealers, brokers, any other business entities, or any other person (except for individuals expressly permitted as above) must not purchase any such Used tractors and any such unauthorized purchase shall constitute a breach of this Agreement.

10. Sellers: 

Sellers must be legally authorized to sell the products listed on our Website. All listed products must accurately describe the products and be placed in appropriate categories. Soliciting business offline or outside of the Website is strictly prohibited. Sellers must not misuse or abuse the Website or engage in activities that violate this Agreement. It is the Seller's responsibility to complete and verify the necessary documentation before concluding a sale. TFE reserves the right to screen and, if necessary, remove listings from the Website if they are found to be misleading or inaccurate.

11. Auction: 

Participating in auctions, whether offline or online, to buy or sell Tractors or Implements binds you to the terms and conditions of the auction sale, in addition to this Agreement. To participate, TFE may require additional documents, agreements, or a security deposit.

12. Links to Third-Party Websites and Third-Party Content: 

a) Collection of User Information:

Through the TFE website, Tapasya Envision PVT LTD collects information via the contact form and email. Personally identifiable information is collected when knowingly provided, and users engaging with YouTube content through our website agree to YouTube's terms.

b) Third-Party Content:

Our Website contains hyperlinks to third-party websites and third-party information for general information purposes. While we make reasonable efforts to ensure accuracy, we do not control Third-Party Content and are not responsible for any loss or damages resulting from its use.

c) Use of Cookies:

Google uses cookies on our Website for ads based on user visits. Users may opt out of Google's use of cookies. By publishing ads on the Platform, users acknowledge that the Content may be public and accessible by third parties and search engines.

13. Fees & Payments:

Access to the Website is currently free, but TFE reserves the right to introduce charges in the future. By using services or purchasing products, you agree to pay any applicable fees. Users are responsible for all associated fees, taxes, and payment obligations.

14. License, Website Access & Modification:

Subject to compliance, users are granted limited permission to access and use the Website and its services. This license does not include resale or commercial use, and users may not reproduce or exploit content without permission. Unauthorized use will result in termination of the permission granted. 

15. Intellectual Property Right:

All text, graphics, audio, designs, and other works on the Website are copyrighted works of TFE or its licensors. All content on the Website is copyrighted and for personal use only. Any commercial use or alteration of material is prohibited. Trademarks, logos, or service marks are proprietary, and their use without permission is prohibited. TFE owns all intellectual property rights, and any infringement may result in legal proceedings.

16. Disclaimer of Warranty and Liability:

All content, user content, third-party content, or information on the Website or any products/services are provided on an "as is" basis without warranty of any kind, express or implied. TFE and its affiliates disclaim all warranties, including but not limited to implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Users access the Website or avail products/services at their own risk. TFE makes no warranty regarding the uninterrupted, timely, secure, or error-free nature of the Website or services or the accuracy, effectiveness, or reliability of results obtained.

TFE and its affiliates will not be liable for any claims, actions, or judgments arising from content posted on the Website by users or any third party.

TFE disclaims all warranties and liabilities related to the Website, content, user content, products/services, or third-party content, including but not limited to intellectual property rights, libel, privacy, publicity, or obscenity laws applicable in India.

TFE will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control. Users agree that TFE is not liable for any loss incurred due to unauthorized use of their account or account information.

If users purchase/download the Website from third-party service providers, neither TFE nor any third-party service provider shall be liable for errors or failures in the Website's functioning.

Modification:

TFE does not guarantee the correctness of information provided on the Website and reserves the right to modify, suspend, cancel, or discontinue any section or service at any time without notice. TFE may also make modifications and alterations to information on the Website without notice. Users agree that TFE shall not be liable for any modifications, suspensions, or discontinuances.

Users agree to use any information provided on the Website at their own risk and are advised to make proper inquiries before use. Additional Terms pertaining to specific content may be introduced by TFE from time to time and are incorporated by reference into these Terms of Use.

17. Indemnification and Limitation of Liability: 

Indemnity: Users agree to indemnify, defend, and hold harmless TFE, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (collectively referred to as "Indemnified Parties") from any losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal fees) arising from:

- Breach of the Agreement(s).

- Claims made by any third party due to or arising from Your use of the Website.

- Claims that any Content/User Content/Third Party Content provided by users caused damage to a third party.

- Violation of any rights of another, including intellectual property rights.

TFE may notify users of any claims for which they are liable to indemnify TFE. Users shall consult with TFE regarding the defense of such claims and shall not compromise or settle any claim without TFE's prior written consent.

Limitation of Liability:

TFE assumes no liability for any monetary or other damages suffered by users due to:

- Delay, failure, interruption, or corruption of any data transmitted in connection with use of the Website.

- Interruption or errors in the operation of the Website.

In no event shall TFE, its subsidiaries, affiliates, officers, directors, employees, partners, or suppliers be liable to users for any special, incidental, indirect, consequential, exemplary, or punitive damages, including loss of use, data, or profits, based on any theory of liability, arising from user's use of or access to the Website or its Content.

18. Platform for Communication: 

This Website acts as a platform to facilitate interactions between users and provides an opportunity to browse products and services, working as an intermediary under the Information Technology Act, of 2000.

TFE is not a party to any transaction between users and does not control such transactions. Consequently:

- All commercial terms are agreed upon solely between the buyer and seller.

- TFE is not responsible for any non-performance or breach of contract between users.

- TFE is not the seller of products/services listed on the Website, and any sale/purchase is a contract between buyer and seller.

- Users shall independently agree upon delivery, payment, insurance, etc.

Users release and indemnify TFE from any consequences of users' actions and acknowledge that TFE cannot control the information provided by other users on the Website.

Additionally, by interacting with TFE through the Website, users consent to receive periodic communication through electronic means.

19. Report Abuse & Your Feedback: 

 Abuse Reporting:

TFE advises users not to post or upload content that violates any terms of the Agreement or constitutes abuse. Prohibited content includes language that is racist, hateful, sexual, or obscene. If users encounter any such abuse or objectionable content, or if they believe any material infringes intellectual property rights, they should inform TFE. TFE is committed to taking appropriate action, including validation of the information and removal or modification of offending content if necessary.

Email Abuse and Threat Policy:

Private communication, including email correspondence, is not regulated by TFE. Users are advised not to engage in such practices. Any reported instances will be investigated, and TFE will take appropriate measures, including legal action if necessary, to address such behavior.

Your Feedback:

Feedback or comments shared on the Website are deemed non-confidential. TFE may use such feedback or User Content, and users acknowledge that:

- Their feedback does not contain confidential information.

- TFE is not obligated to maintain confidentiality regarding the feedback.

- TFE may already be considering similar feedback or content.

- Users are not entitled to compensation or reimbursement for the feedback.

20. Arbitration:

Both users and TFE agree that any disputes or claims arising from the Agreement or users' use of TFE's Services shall be resolved through arbitration. The sole arbitrator, appointed by TFE, shall be independent and neutral. Arbitration proceedings shall be held in Pune, Maharashtra, India, conducted in English and governed by the Arbitration & Conciliation Act, 1996, and other applicable Indian laws.

Before seeking arbitration, a party must provide a completed Notice of Dispute to the other party. Notices to TFE must be sent to the address provided under clause 21.

21. Miscellaneous:

Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email

On behalf of TFE to:

Tractor For Everyone, Tapasya Envision Pvt Ltd.

Address: A-18, 4th Floor, A- Wing, Shiv Samruddhi Arcade, Near ISKCON NVCC, NH65, Kondhwa-Katraj Highway, Pune 411048

Email: info@tractorforeveryone.com

On behalf of the User to:

Notices from TFE to users may be sent via email, through the address provided during registration, or through general notifications on the Website.

Assignment: Users cannot assign or transfer the Agreements or any rights or obligations without TFE's consent. TFE may freely assign its rights and obligations under the Agreement without users' consent, including transferring users' Accounts and Account Information to a third party acquiring TFE’s business.

Severability: If any clause of the Agreement is deemed invalid or unenforceable, the remaining clauses shall remain valid and enforceable.

Waiver: Failure to enforce any provision of the Agreement does not constitute a waiver of that provision. Any waiver must be in writing and executed by an authorized officer of the party.

Independent Entities: Users and TFE are independent entities, and nothing in the Agreement creates a partnership, joint venture, agency, or employment relationship.

Contacting You: By accessing the Website or availing any service, users consent to communication from TFE and its associate partners through various channels, regardless of registration in the Do Not Call Registry.

22) Governing Law and Jurisdiction:

The Agreement shall be governed by the laws of India. Disputes between users and TFE shall be subject to the exclusive jurisdiction of courts in Pune, Maharashtra, India unless resolved through arbitration as per clause 20.