Terms & Conditions

The Terms and Conditions (“T&C”) contained herein shall apply to any person (“User”) using the services of Popular Vehicles and Services Pvt. Ltd. (“PVSPL”), an authorised dealer of Maruti cars manufactured by Maruti Suzuki India Ltd., for availing online booking of Maruti Vehicles by registering and making advance payment through the payment gateway service (“Services”) offered jointly by ICICI Bank  and Payment Gateway Service Provider (“Payment Service Providers”), through PVSPL's website i.e. www.popularnexa.com (“Website”).  

Upon clicking on the accepted button in the Terms and Conditions link appearing on the Website, each User is deemed to have read, understood and consented to these T&C. 

PVSPL reserves the right to change this T&C from time to time without notice. Each User acknowledges and agrees that it is his/her responsibility to review this T&C periodically to familiarize himself/ herself with any modifications. Each User’s continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

A. General Terms and Conditions For Online-Payments:

1. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services.

2. PVSPL’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of PVSPL's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the Website or information provided to or gathered by PVSPL with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of PVSPL.

3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.  

4. These Terms and Conditions constitute the entire agreement between the User and PVSPL. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and PVSPL. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5. The entries in the books of PVSPL and/or the Payment Service Providers kept in the ordinary course of business of PVSPL and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.

6. Copyright/ Trademarks:  All content and materials available on the Website, including but not limited to text, graphics, Website name, code, images and logos are the intellectual property of PVSPL, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized in writing by PVSPL.

7.  Refund Policy in case of cancellation of Booking: In the event of cancellation of the online vehicle booking made and request for refund of the deposited booking amount by the User, PVSPL shall refund the full deposited amount through NEFT (Net Transfer) or through Bank Cheque in the following manner and procedure:  

i. In case the User wants to cancel the online vehicle booked, for whatsoever reason, such User shall send a request mail specifically from the registered email id of the User to email id of PVSPL at  -----------------@popularv.com, with his/ her details in writing intimating cancellation and claiming refund of the booking amount deposited online.  The mail shall clearly mention whether refund is required by NEFT or Bank cheque and in case the request is for refund through NEFT, the User shall also mention in the mail, his bank account to which the refund is sought.  

ii. Upon receiving the email request as above:- 

a. if the required details are wrong/ incomplete, then PVSPL shall issue a reply mail to the User requiring to verify and correct the wrong/ incomplete details; or 

b. if all details are correct/ complete, then PVSPL shall issue confirmation mail to User for approving the request and that the refund will be made as requested with 7 working days. This procedure will be followed in case the User issues mail with correct and completed details after receiving the reply mail in clause (a) above.

iii. From the date of approval mail, within 7 working days, PVSPL shall:

a. effect full refund of the advance deposited amount through NEFT to the bank account given and held by the User; or  

b. issue a crossed cheque in the User’s name with full refund amount, which the User shall personally or through his agent come and collect from the branch of PVSPL, which shall be intimated in the confirmation mail.   In case User’s agent is send for collection of cheque, the such agent’s name and identity shall be mentioned in the request mail issued by User and also the agent shall bring written authorization from the User and identity proof, failing which the cheque shall not be handed over to the agent.   

iv. No claims for refund shall be made by any User to the Payment Service Provider(s) and any such claims made will be considered as void and shall not be entertained.

8. Refund for fraudulent/ duplicate transaction(s):  The User shall directly contact PVSPL for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by PVSPL alone in line with their policies and rules. 

9. Server Slow Down/ Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

(i) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact PVSPL via e-mail or any other mode of contact as provided by PVSPL to confirm payment.

(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider.  No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).

B. Limitation of Liability:

1. PVSPL has made this Service available to the User as a matter of convenience. PVSPL expressly   disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that PVSPL reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

2. PVSPL and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall  PVSPL and/or the Payment Service Providers, its employees, directors, and its third party agents  involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary  arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services. 

3. PVSPL and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

(i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or 

(ii) any interruption or errors in the operation of the Payment Gateway.

4. The User expressly understand and agree, without prejudice to any other terms and conditions herein, that any claim against PVSPL shall be limited to the online booking amount paid by the User, less such deductions and applicable processing fees, for availing the Services through the Website.

5. The User agrees that PVSPL or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond PVSPL’s reasonable control.

C. Miscellaneous Conditions: 

1. Any waiver of any rights available to PVSPL under these Terms and Conditions shall not mean that those rights are automatically waived.

2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that PVSPL or the Payment Service Provider(s) have no control over such matters.           

3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, PVSPL does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

4. PVSPL, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by PVSPL on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;

i. Choose a new password, whenever required for security reasons.

ii. Keep his/ her User ID & Password strictly confidential.

iii. Be responsible for any transactions made by User under such User ID and Password.

The User is hereby informed that PVSPL will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her PVSPL account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

6. Termination of Use:  The User agrees that PVSPL may, at sole discretion, suspend or terminate User’s access to all or part of the Website and our Resources with or without notice and for any reason, including, without limitation, breach of this T&C.  Any suspected illegal, fraudulent or abusive activity may be grounds for terminating such User’s relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, such User’s right to use the Resources provided will immediately cease, and PVSPL reserves the right to remove or delete any information that such User may have on file with PVSPL, including any account or login information.

D. Debit/ Credit Card, Bank Account Details: 

1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details. 

2. The User may pay his/ her fees to PVSPL by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details: 

i. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions; 

ii. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate; 

iii. The User is authorizing debit of the nominated card/ bank account for the payment of fees selected by such User along with the applicable Fees. 

E. Personal Information: 

1. The User agrees that, to the extent required or permitted by law, PVSPL and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements. 

2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to PVSPL. The User agrees to be contacted via e-mail on such mails initiated by him/ her. 

3. In addition to the information already in the possession of PVSPL and/ or the Payment Service Provider(s), PVSPL may have collected similar information from the User in the past. By entering the Website the User consents to the terms of PVSPL’s information privacy policy and to PVSPL’s continued use of previously collected information. By submitting the User’s personal information to PVSPL, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein. 

4. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

F. Governing Law and Jurisdiction:  

The Services availed by the User through the Website is materialized and concluded by physical delivery of the booked vehicle through various dealership/ sales outlet run by PVSPL across the State of Kerala and Tamil Nadu in India.  It can be accessed by most countries around the world. As each country has laws that may differ from those in India, by accessing the Website, each User agrees that the statutes and laws in India, without regard to the conflict of other laws, will apply to all matters relating to availing of the Services and use of the Website.

Furthermore, the User expressly agrees and subjects himself to the sole jurisdiction of the courts and forums within the dealership/ sales outlet through which the delivery of the booked vehicle is due and legal actions, if any, to enforce the T&C shall be solely brought before courts/ forums located in such locations within the State of Kerala and Tamil Nadu in India. 

G. Payment Gateway Disclaimer: 

The Service is provided in order to facilitate access to view and pay vehicle booking amount online. PVSPL or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.