Terms and Conditions of Use

Welcome to Apex (the "Platform"), operated by B P VIJAYA BHASKAR. This document is an electronic record in terms of the Information Technology Act, 2000, and the rules made thereunder.

By clicking "I Agree," registering an account, or using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree, do not use the Platform.

1. LEGAL STATUS & INTERMEDIARY DISCLAIMER

• 1.1 Role of the Platform: Apex is a technology-based online intermediary governed by Section 79 of the Information Technology Act, 2000.
• 1.2 No Auctioneer Status: We are NOT an auctioneer, automobile dealer, or broker under the Sale of Goods Act, 1930. We merely provide a virtual infrastructure connecting independent sellers (individuals and businesses) with registered buyers.
• 1.3 No Ownership: The Platform does not own, possess, inspect, or hold title to any vehicle listed on the website. The final contract of sale is strictly and exclusively between the Winning Bidder (Buyer) and the Listing User (Seller).

2. ELIGIBILITY & REGISTRATION (C2C & B2B)

• 2.1 Open Marketplace: This Platform is open to both registered business entities (Dealers) and private individuals (Consumers) who are 18 years of age or older.
• 2.2 Account Verification: To ensure platform safety, all users must provide a valid phone number, email, and requisite KYC details. Apex reserves the right to suspend any account flagged for fraudulent activity.

3. THE "DOUBLE GATE" FEE STRUCTURE

To maintain a premium and secure trading environment, Apex enforces the following financial rules:

• 3.1 Listing Fees (Retail Sellers): Non-verified private sellers must pay a non-refundable upfront base Listing Fee (e.g., ₹999) before their vehicle profile goes live. This base fee is automatically waived for verified professional dealers. Additional premium visibility upgrades (like the Featured Lot Boost) may incur separate non-refundable costs.
• 3.2 Platform Success Commission (Sellers): Upon successfully closing an auction, the winning Seller is required to pay a Platform Success Fee (a designated percentage of the final winning bid, e.g., 2% to 3%) directly to Apex. This fee must be cleared by the Seller to unlock the verified contact details (the "Winner Dossier") of the winning buyer. Selling the vehicle off-platform to avoid this fee during the exclusivity period is a violation of these terms.
• 3.3 Lead Verification Deposits (Buyers): To ensure all offers are genuine, Buyers must authorize a temporary deposit hold (e.g., ₹2,000) on their payment method in order to place bids on the platform.
  
  Refunds & Forfeiture: If a Buyer does not win the auction, the temporary hold is immediately released. If a Buyer wins but fails to honor the deal, respond to the Seller, or complete the transaction without valid mechanical justification, Apex reserves the right to capture and forfeit the ₹2,000 hold as a penalty.

4. VEHICLE VERIFICATION & LISTING POLICY

• 4.1 Automated RC Verification: Apex utilizes third-party government APIs (e.g., Signzy/VAHAN) to verify the Registration Certificate (RC) status of every listed vehicle. However, this verification is limited to digital public records (theft/blacklist status).
• 4.2 Strict Upload Schema: Sellers must honestly upload all required media, including 360-degree exterior photos and a clear photo of the dashboard with the engine running. Sellers must explicitly declare all known mechanical defects and pending loans.
• 4.3 No Physical Inspection: Apex does NOT physically inspect any vehicles. The digital RC verification does not constitute a warranty of the vehicle's engine, chassis, or physical condition.

5. BIDDING, "AS-IS" POLICY, & POST-AUCTION HANDOVER

• 5.1 "As Is, Where Is": All vehicles are listed on an "As Is, Where Is" basis.
• 5.2 Buyer Due Diligence & The "No-Fault" Rejection: It is the Buyer's sole responsibility to physically inspect the vehicle offline before transferring any funds. If the Buyer arrives and discovers the Seller materially lied about the vehicle's condition in the listing, the Buyer has the right to reject the vehicle without losing their ₹2,000 Bid Hold.
• 5.3 Offline Transaction: Once the auction timer expires, Apex connects the Buyer and Seller. Payment for the vehicle, physical delivery, and RTO Name Transfer (Form 29/30) must be handled entirely offline. Apex assumes zero liability for payment failures, bounced cheques, or RTO delays.

6. THIRD-PARTY AFFILIATE SERVICES (Action Center)

• 6.1 Following a successful auction, Apex may provide links to third-party services (e.g., Premium History Reports, Insurance Renewals, FASTag issuance, or Auto Financing).
• 6.2 These services are fulfilled by independent third-party APIs and partners. Apex assumes no liability for the approval, issuance, or fulfillment of these external services.

7. INDEMNITY & LIMITATION OF LIABILITY

• 7.1 You agree to indemnify and hold harmless Apex and its founder from any claims, legal notices, or financial losses arising out of:
  • Misrepresented, accidentally damaged, or encumbered vehicles listed by a Seller.
  • Failure of a Buyer to pay the Seller.
  • Any physical injury or property damage occurring during vehicle inspection or transit.
• 7.2 Under no circumstances shall the Platform’s total liability to you exceed the exact Listing Fee or Bid Hold amount paid by you for that specific transaction.

8. DATA RETENTION & COMPLIANCE (IT Rules 2021)

• 8.1 In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Platform will retain user data and registration records for a period of 180 days after any cancellation or withdrawal of registration, for cybersecurity and law enforcement purposes.

9. GRIEVANCE REDRESSAL & JURISDICTION

In accordance with the IT Rules 2021, complaints regarding fake listings or platform abuse will be acknowledged within 24 hours and resolved within 15 days.

These Terms shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Chennai, Tamil Nadu.