Terms of Use

1. About Hercules Autos

Hercules Autos is an online marketplace that facilitates the advertisement, discovery, and communication relating to new and used vehicles, automotive products, and related services.

The Platform acts solely as an intermediary and technology provider. Hercules Autos is an "intermediary" as defined under Section 2(1)(w) of the Indian Information Technology Act, 2000. We are not a vehicle dealer, broker, agent, financier, insurer, vehicle inspector, or party to any transaction conducted between users. We do not own, possess, inspect, certify, guarantee, or warrant any vehicle, product, service, listing, seller, buyer, dealer, or third party using the Platform.

2. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts under applicable law. By using the Platform, you represent and warrant that:

• You have the legal authority to enter into these Terms.
• All information provided by you is accurate and current.
• Your use of the Platform complies with all applicable Indian laws and regulations.

3. User Accounts

You may be required to create an account to access certain features. You agree to:

• Maintain accurate, complete, and updated account information.
• Keep login credentials and passwords strictly confidential.
• Accept sole responsibility for all activities that occur under your account.
• Notify us immediately at our legal contact email of any unauthorized access or security breach.

We reserve the right to suspend, restrict, or terminate accounts at our sole discretion without prior notice.

4. Vehicle Listings & Intellectual Property Take-Down

Users who create listings are solely responsible for:

• Legal ownership and the absolute right to sell or advertise the vehicle.
• Accuracy of all vehicle information, condition descriptions, and odometer readings.
• Displaying legally mandated details, including disclosures required under the Consumer Protection (E-Commerce) Rules, 2020.
• Service history, accident history, registration details, and pricing.
• Photographs, graphics, and uploaded content.

You agree not to post listings that are false, misleading, fraudulent, stolen, duplicate, offensive, defamatory, or infringing upon third-party intellectual property rights.

Take-Down Policy: If any intellectual property owner or user believes that a listing violates their rights or contains unlawful content, they may send a written notice to our designated email below. We will evaluate and act upon valid take-down notices in compliance with Section 79 of the Information Technology Act, 2000.

5. Dealer Accounts

Dealers, traders, brokers, and commercial sellers must ensure that:

• All listings comply with applicable consumer protection, trade, and taxation laws (including GST rules).
• Business details, corporate identity, licenses, and addresses are accurate and transparently displayed on their listings.
• We reserve the right to verify dealer credentials and request supporting documentation at any time.

6. No Verification or Endorsement

The Platform does not verify or guarantee ownership claims, vehicle condition, vehicle history, mileage accuracy, accident records, financing status, or legal encumbrances. Any verification badges, ratings, reviews, market estimates, or recommendations are provided solely for informational purposes and do not constitute endorsements. Users must independently conduct their own due diligence before entering into any transaction or making payments.

7. Pricing Information and Market Estimates

Any valuation, fair-price indicator, market estimate, pricing recommendation, depreciation analysis, or AI-generated estimate displayed on the Platform is generated using automated data algorithms. It may contain inaccuracies, does not constitute a professional valuation, is not financial or legal advice, and should not be relied upon as the sole basis for a transaction.

8. Communications Between Users

The Platform may provide messaging, inquiry forms, telephone contact masking tools, chat services, or AI-assisted communication tools. We do not monitor all communications, guarantee responses, or verify statements made by users. Users are solely responsible for interactions and agreements made with other parties.

9. Fraud Prevention

Users are responsible for exercising caution when buying or selling vehicles. Common risks include fake payment confirmations, identity fraud, vehicle cloning, odometer tampering, title fraud, and advance fee scams. Hercules Autos shall not be responsible for losses arising from fraudulent activities conducted by third parties.

10. Prohibited Activities

You agree not to:

• Violate any law, regulation, or third-party rights.
• Manipulate vehicle prices or misrepresent vehicle ownership.
• Use bots, scrapers, crawlers, or automated systems to extract data without explicit authorization.
• Introduce malware, harmful code, or interfere with Platform operations.
• Harvest user information or create multiple fraudulent accounts.

11. Intellectual Property

All Platform content—including logos, trademarks, software, databases, text, graphics, designs, and user interface elements—is owned by or licensed to Hercules Autos and is protected by applicable intellectual property laws. Users may not reproduce, distribute, modify, reverse engineer, or commercially exploit any Platform content without prior written permission.

12. User Content License

By uploading content to the Platform, you grant Hercules Autos a worldwide, royalty-free, non-exclusive, sub-licensable, transferable license to store, display, publish, reproduce, distribute, and modify for formatting purposes your content to operate and promote the Platform. You retain ownership of your content.

13. Third-Party Services

The Platform may contain links to banks, insurers, inspection providers, vehicle history repositories, or payment processors. We do not control or endorse third-party services and are not responsible for their content, accuracy, actions, or performance.

14. Payments and Fees

Certain premium features or listing bundles may require payment. All fees are displayed clearly at the time of purchase, may change at any time, and are non-refundable unless required by law. Failure to pay applicable fees may result in immediate suspension or removal of listings.

15. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERCULES AUTOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE, THAT LISTINGS ARE ACCURATE, OR THAT TRANSACTIONS WILL BE COMPLETED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERCULES AUTOS, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF VEHICLE DEFECTS, FRAUD BY USERS, OR FAILED TRANSACTIONS.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF:

• (A) THE TOTAL FEES PAID BY YOU TO THE PLATFORM DURING THE PRECEDING 12 MONTHS; OR
• (B) INR 5,000.

17. Indemnification

You agree to defend, indemnify, and hold harmless Hercules Autos and its affiliates from any claims, damages, liabilities, costs, losses, and legal expenses (including attorney fees) arising from your use of the Platform, your listings, your transactions, or your violation of these Terms or any third-party rights.

18. Suspension and Termination

We may suspend, restrict, or terminate access to the Platform at any time without notice or liability if we believe you have violated these Terms, if we receive a valid legal or government request, or if fraudulent or suspicious activity is detected.

19. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the competent courts located in Thiruvananthapuram, Kerala, India.

21. Force Majeure

We shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet/telecom failures, government actions, cyberattacks, strikes, war, or power outages.

22. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms become effective upon publication on the Platform. Continued use of the Platform constitutes acceptance of the revised Terms.

23. Contact Information & Grievance Redressal

In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, the contact details of the Grievance Officer are provided below. Complaints will be acknowledged within 48 hours and resolved within one month from receipt.

• Company/Platform Name: Hercules Autos
• Designated Grievance Officer: Legal & Compliance Lead
• Email: legal@herculesautos.com
• Address: Thiruvananthapuram, Kerala, India

24. Accessibility

We are committed to making the Platform usable for everyone and work to meet widely recognised accessibility standards. If you encounter an accessibility barrier, please contact our Grievance Officer above so we can address it.