Legal
Terms of
Service.
Last Updated: 1 May 2026
Welcome to Apex Exchange (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. If you do not agree, do not use the Platform.
1 // Legal Status & Intermediary Disclaimer
- 1.1Role of the Platform: Apex is a technology-based online intermediary governed by Section 79 of the Information Technology Act, 2000.
- 1.2No 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.
- 1.3No 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
- 2.1Open Marketplace: This Platform is open to both registered business entities (Dealers) and private individuals (Consumers) who are 18 years of age or older.
- 2.2Account 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 // Financial Terms, Commissions & The "Flake Protocol"
To maintain a premium and secure trading environment, Apex operates on a zero-friction seller model and a buyer-funded commission structure:
- 3.1 Zero Listing Fees (Sellers)Creating a vehicle listing on the Platform is 100% free for all registered users. The Platform does not charge any upfront listing fees or back-end commission fees directly to the Seller.
- 3.2 The Buyer's Premium (Dynamic Authorization Hold)To ensure all bids are genuine, Buyers are required to authorize a temporary "Buyer's Premium" hold on their payment method to place a bid. This hold is dynamically calculated as 3% of the entered bid amount. If the Buyer is outbid or the auction ends without them winning, this hold is immediately voided/released back to the Buyer.
- 3.3 Split Checkout & Platform Success FeeIf a Buyer wins the auction, the 3% Buyer's Premium hold is immediately captured by the Platform as the Platform Success Fee. This 3% is deducted from the Buyer's total winning bid. The Buyer is legally obligated to pay the remaining balance (Winning Bid minus 3%) directly to the Seller via secure offline payment to take delivery of the vehicle.
- 3.4 The "Flake Protocol" (Default & Forfeiture)If a Winning Buyer fails to honor the transaction, refuses to pay the Seller the remaining balance, or backs out of the deal without valid mechanical justification, the Buyer permanently forfeits the 3% Buyer's Premium to the Platform. Apex will split the forfeited penalty, transferring 50% to the Listing Seller as "Inconvenience Compensation," while retaining 50%.
- 3.5 Buyer Protection & Valid DisputesIf the Buyer physically inspects the vehicle and discovers severe, undisclosed mechanical defects or fraudulent RC documentation that the Seller hid, the Buyer may file a formal Dispute. If the Platform verifies the Seller misrepresented the vehicle, the Buyer's 3% hold will be fully refunded, and the Seller may be permanently banned.
4 // Vehicle Verification & Listing Policy
- 4.1Automated RC Verification: Apex may utilize third-party APIs to verify the Registration Certificate (RC) status of listed vehicles based on digital public records.
- 4.2"As Is, Where Is": All vehicles are listed on an "As Is, Where Is" basis. Apex does NOT physically inspect any vehicles. The digital verification does not constitute a warranty of the vehicle's condition.
5 // Post-Listing Handover & Indemnity
- 5.1Offline Transaction: Payment, physical delivery, and RTO Name Transfer must be handled entirely offline between Buyer and Seller. Apex assumes zero liability for payment failures, physical injury, or property damage during vehicle inspection or transit.
- 5.2Limitation of Liability: Under no circumstances shall the Platform's total liability to you exceed the exact Bid Hold amount paid by you for that specific transaction.
6 // Governing Law
These Terms shall be governed by the laws of India. Exclusive jurisdiction for any disputes shall be the courts of Chennai, Tamil Nadu.
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Contactsupport@apexexchange.co.in