Welcome to Hooter. Hooter is a vehicle marketplace platform operated by Webest Technologies Private Limited. In these Terms & Conditions, the terms "Hooter", "Website", "We", "Us" and "Our" refer to Hooter and the terms "You", "Yours" refer to You as a user of Hooter.
General Provisions
- By using this Website, You accept the following Terms & Conditions. This is a legally binding agreement between You and Hooter; please read it carefully. When using this Website, You may be subject to other posted terms and guidelines applicable to certain services available on this Website. All terms and guidelines on this Website, including our Privacy Policy, are part of these Terms & Conditions. Unless explicitly stated otherwise, any features or services available at any time on this Website are subject to these Terms & Conditions. Accessing this Website in any manner, even through automated means, constitutes your use of the Website and your agreement to be bound by these Terms & Conditions. Hooter may change the Terms & Conditions from time to time. Your continued use of this Website after the posted effective date constitutes your agreement to be bound by these Terms & Conditions as modified, except that modifications do not apply to any dispute arising prior to their effective date.
- The present Terms and Conditions apply exclusively to the relationship between Hooter and the participants using the Public Area of the databases operated by Hooter (marketplace for passenger cars). Any participants' own terms will be superseded by these terms.
- The material that appears on this Website is for general information purposes only. Our site includes materials and information collected from and provided by third parties that We may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this Website, and You should not rely on it without independent verification.
Scope of Services
- Hooter will provide participants means to advertise their vehicle on the site (sellers) and will display said vehicle for an agreed amount of time to internet visitors (buyers). Hooter will also publish content relating to new and used passenger cars.
- Hooter reserves the right to temporarily limit access to the Website if such is needed for technical reasons such as upgrading, server integrity etc. This may make it difficult or impossible to access advertisements during that period.
Buying and Selling Vehicles
- Hooter is a vehicle listing and information service that brings together buyers and sellers via the Internet. Hooter is not a party to any transaction between vehicle buyers and sellers that originates on or through this Website. At no time shall Hooter have any obligations or liabilities in respect of such transaction. Information about a particular vehicle is supplied by the seller, not by Hooter. Hooter in no way represents that this information is accurate. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- Though We hope that all who come to Hooter will act honorably and treat each other fairly, We cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can We assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using this website to find a buyer for your vehicle or a vehicle to purchase, We urge You to use the same common sense and good judgment You would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
Dealer Network, Subscriptions & Lead Distribution
Hooter is a platform for both individual users and authorized dealers. Individuals can buy and sell vehicles directly with other individuals, and may also connect with authorized dealers, while dealers can access platform tools and leads through a subscription.
- Hooter operates a network of authorized automobile dealers. Dealers may subscribe to Hooter's Partner App and related dealer services to access buyer and seller leads, vehicle listings, buyer requirements, seller requirements, inventory management tools and other dealer services in accordance with their selected subscription plan. Subscription benefits, pricing, lead access limits and other features may vary from time to time and are subject to change without prior notice.
- Subscription fees paid by dealers are eligible for refund within seven (7) days from the date of purchase, subject to verification by Hooter. Hooter reserves the right to reject refund requests where services have been misused, abused or accessed in violation of these Terms & Conditions. After the expiry of the seven (7) day refund period, all payments shall be non-refundable unless otherwise required by applicable law.
- By submitting any enquiry, vehicle listing, buying requirement, selling requirement, callback request, contact form or any other lead generation form on Hooter, you expressly authorize Hooter and Webest Technologies Private Limited to share your information with one or more authorized dealers, buyers, sellers, financial partners, insurance partners and other business partners within the Hooter network.
- The information shared may include your name, mobile number, email address, city, vehicle details, buying requirements, selling requirements and other information voluntarily provided by you.
- You acknowledge and agree that your enquiry or lead may be distributed to one or more authorized dealers, individual buyers, individual sellers or partners simultaneously for the purpose of providing quotations, offers, inspections, financing options, vehicle purchase opportunities, vehicle sale opportunities and other related services. As a result, you may receive phone calls, WhatsApp messages, SMS messages, emails or other communications from multiple dealers, buyers, sellers or partners.
- Dealers, individual buyers, individual sellers or partners may contact you directly regarding your enquiry, vehicle requirement or vehicle sale request. Hooter serves both individual users (buyers and sellers) and authorized dealers, and acts solely as a technology platform connecting buyers, sellers and dealers. Hooter is not a party to transactions between them and does not act as the seller, dealer or owner of vehicles listed on the platform.
Marketplace Disclaimer
- Hooter is solely a marketplace and information platform that facilitates connections between buyers, sellers, dealers and partners.
- Hooter does not own, possess, inspect or sell vehicles listed by third parties unless expressly stated otherwise.
- Hooter does not verify, guarantee or warrant the ownership, condition, mileage, accident history, title status, financing status, insurance status, service history, documentation, legality or suitability of any vehicle listed on the platform unless expressly stated otherwise.
- Vehicle purchase agreements, negotiations, inspections, financing arrangements and final sale transactions are generally completed directly between buyers and sellers/dealers.
- Users are solely responsible for conducting their own due diligence and verification before entering into any transaction.
Buying a Vehicle
- Before purchasing a vehicle or any other goods or services You have read about on Hooter, You should confirm with the seller any information, including the price, location, documentation that is important to your purchasing decision. Hooter is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or restricted on Hooter.
- Used cars listed on Hooter for sale may be purchased by individuals for own use only. These cars may not be purchased by dealers, brokers, or any other business entity and such a purchase would constitute a violation of the terms and conditions of Hooter. Dealers and brokers may contact Hooter for paid packages for purchasing vehicles.
- It is not permitted to submit a lead or to enquire against a used car listing on Hooter for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on Hooter by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, brokering, match-making with other buyers, or purchase for resale.
Listing Your Vehicle
- Hooter offers a number of options for private sellers to sell their car. On the Sell Your Car section of our home page select the city and on the next page, kindly fill in the blank form and get started. For information about ad packages available to dealers, please visit our Become a Partner page.
- In order for You to offer a vehicle for sale through our Sell Your Car service for private sellers, You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on Hooter, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on Hooter, nor may You use our Website to promote, without our prior written permission, any other Website, product, or service.
- By using our Website to sell your vehicle as a private seller, You represent that You are at least 18 years of age, that You are not a motor vehicle dealer, that You are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither You nor anyone acting on your behalf will list more than two vehicles for sale simultaneously.
- Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material You post, including listing information and photos of your vehicle, and for the content of all email messages You transmit through Hooter. Nothing will undermine a user's confidence in the vehicle You are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in You is likely to be accompanied by erosion of user confidence in us, We care deeply about making sure that the information You supply is accurate and that, in all respects, You treat other Hooter users fairly and honorably.
- In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though We cannot monitor every transaction that originates through a listing on Hooter, We may, from time to time, perform random quality assurance tests to confirm that vehicles offered for sale are advertised as represented. By using our Website, You agree to cooperate in these quality assurance tests. If our tests reveal, or We otherwise learn, that a seller may be violating the terms of this Agreement, We reserve the right to deny that seller use of services offered on our Website and any affiliated Websites and remove that seller's listings from each site.
- By listing a vehicle for sale on this Website, You agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
Content Requirements & Responsibility of Advertisements
- Users are allowed to advertise only for the sale of passenger vehicles. Any other advertisements are not allowed and will be removed.
- Users are obliged to submit correct and full information about their vehicle. Hooter is not responsible for any damage arising from placement of false information.
- Users can include photos with their advertisements. These photos have to be representative of the vehicle at sale and must not infringe on the intellectual property rights of third parties. Hooter does not have any influence on these photos and will in no way be accountable for their contents.
- The wording of the advertisements should be in accordance with all laws and regulations of India.
- The user shall take full responsibility for the contents of the advertisements. Hooter in no way endorses these advertisements in terms of their correctness or completeness.
- Hooter denies all warranty and liability for the compliance of advertisements with statutory provisions and their accuracy.
- Hooter expressly denies warranty and liability in case a transaction resulting from the advertisement does not take place, due to whatever reason.
User Content
- Our Website allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of these Terms & Conditions and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of our Website. You acknowledge that any of the user-generated content posted or transmitted through our Website represents the views of the author, and not of Hooter. You also acknowledge that your use of or reliance on such content is at your own risk.
When publishing anything to our site or using any social media tools or interactive features, You agree that You will not post or transmit:
- Any copyrighted material unless You own or control the copyright in and to such material.
- Material that is knowingly false and/or defamatory, inaccurate, libelous, tortious, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy or is otherwise objectionable or in violation of any applicable law, rule, or regulation.
- Material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
- Profanity in subject lines, messages, or signatures.
- Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component.
- Material that breaches another's privacy, i.e. containing phone numbers, addresses, or other personal information.
- Spam, including, but not limited to junk mails, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted.
- Material that contains advertisements or commercial solicitations.
- Material discussing illegal activities or linking to Websites that deal with such activities.
You further agree that You will not attempt or do any of the following:
- Interfere with or disrupt the Hooter Website or our computer systems, servers, or networks.
- Attempt to gain unauthorized access to any part of the Website, to accounts that belong to other users, or to computer systems or networks connected to the Website.
- Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
- Collect information about others without their consent.
- Interfere with the use of our Website by any other individual or party.
- Impersonate any person, or otherwise attempt to mislead others about your identity or post material under secondary user names or other aliases.
- Share any username and/or password You have on our Website with any other persons.
Without limiting any of Hooter's other rights or remedies, a violation of any of the above may result in the removal of any content You have transmitted or posted, revocation of any accounts You have on Hooter or on our affiliated Websites and services, and/or a ban from creating new accounts.
Although Hooter cannot monitor all of the listings and content posted to our Website, We reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content, or other posting that come to our attention that We consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who We believe has violated these terms or any other terms of these Terms & Conditions. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, We may occasionally monitor such communications as We believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce these Terms & Conditions, or to protect the rights, property, or safety of visitors to our Website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, Hooter takes no responsibility and assumes no liability for any content posted to our Website by You or by third parties.
Other Content
Hooter makes best efforts to ensure the content on the site is accurate. However Hooter is not responsible or liable for any loss or damage incurred as a result of the use of this content.
Indemnification
The user releases Hooter from all third party claims against Hooter in such circumstances that the user's advertisement violates the rights of this third party, or by any other use of the Website. The user also agrees to assume any necessary costs, including but not limited to, legal and court fees necessary to protect the rights of Hooter.
Deletion of Advertisements
To preserve a representative and current database, Hooter's database must be as correct as possible. Users are required to remove their vehicle advertisements as soon as their vehicle is no longer for sale. Hooter expressly reserves the right to remove advertisements from its database when the vehicle can no longer be assumed to be for sale.
Vehicle Search and System Integrity
Vehicles in Hooter's database may be searched for only via the search functions offered on the site.
Users may not interfere with the Website's proprietary contents and coding. Attempts to influence the contents of other parties' advertisements are also forbidden. Any such attempts will be prosecuted with all vigor.
Warranty
Under circumstances of force majeure, such as lawsuits, failure in communication technologies, natural disasters, and other such occurrences, Hooter will be released of its obligations to perform. No claims can be made to Hooter under such circumstances.
Termination
You agree that We may, under some circumstances and without prior notice to You, terminate your use of and access to any of the parts of our Website to which We restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms & Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and You agree that We will not be liable for any termination of your use of or access to the Website or any part of the Website.
Copyright and Usage Rights
Any and all data, information, company logos, texts, programs and images of advertisements placed on the Hooter Website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants' as well as Hooter's own data. The copyright associated with an advertised vehicle, i.e. photos and text, does remain property of the advertiser.
Severability Clause
In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legally effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to omissions in these terms and conditions.
Applicable Law and Court
These terms and conditions are governed by the laws of India. In case of any dispute, the courts of Delhi shall have jurisdiction.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
If You rely on this Website or any information, product, or service available through this Website, You do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted through this Website. This Website is provided to You "as is." Hooter and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability, or fitness for a particular purpose of the information available through this Website (or any information, goods, or services that are referred to, advertised or promoted on, or sold through this Website). Nor do We or they guarantee that this Website will be error free, or continuously available, or that this Website will be free of viruses or other harmful components. Hooter and its affiliates, agents, and licensors will not be liable for any claims, actions, or judgments arising out of or related to any content posted to this Website by You or any third party.
Under no circumstances will Hooter or its affiliates, agents, or licensors be liable to You or anyone else for any damages arising out of your use of this Website or any product or service linked to or from or advertised or promoted on this Website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business, and loss of data), even if We are advised beforehand of the possibility of such damages. You agree that the liability of Hooter and its affiliates, agents, and licensors, if any, arising out of any kind of legal claim arising out of or otherwise relating to this Website will not exceed the amount You paid, if any, for the use of the Website out of which such liability allegedly arises. Without limiting the generality of the preceding sentence, You agree that We are not responsible or liable to You or anyone else for any threatening, defamatory, obscene, offensive, tortious, or illegal conduct by You or any other party or any infringement of your or another's rights arising from or in connection with this Website.
Miscellaneous
We want potential buyers visiting Hooter to feel free to share their email addresses with those listing vehicles for sale on our Website. By accessing this Website, You agree not to use information concerning other users of Hooter, or the vehicles they have listed or searched for on this Website in any manner for any purpose other than to explore the potential purchase or sale of a listed vehicle.
Contacting You
By using Hooter and filling any form on our site, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status.
Marketing Rights
By uploading, publishing or submitting any vehicle listing, photographs, videos, descriptions or other content to Hooter, you grant Hooter and Webest Technologies Private Limited a non-exclusive, worldwide, royalty-free, transferable and sublicensable right to use, reproduce, modify, distribute, publish, display and promote such content for advertising, marketing, promotional and business purposes across websites, mobile applications, social media platforms, search engines, print media and other marketing channels.
Image Processing
You acknowledge and agree that photographs and media uploaded to Hooter may be processed, resized, compressed, watermarked, blurred, enhanced or otherwise modified by Hooter for quality assurance, compliance, security, platform optimization and marketing purposes.
Vehicle Verification Disclaimer
Certain services offered by Hooter, including but not limited to RC verification, challan checks, vehicle information services and similar services, may rely on data obtained from third-party providers, government databases or publicly available sources.
Hooter does not guarantee the accuracy, completeness, reliability or timeliness of such information and shall not be liable for any errors, omissions or discrepancies contained therein.
Communication Consent
By using Hooter and submitting information through the Website, mobile applications or any associated services, you expressly consent to receive communications from Hooter, Webest Technologies Private Limited and their authorized partners through phone calls, SMS messages, WhatsApp messages, email, push notifications, in-app notifications and other electronic communication channels regarding vehicle listings, enquiries, services, promotions, offers and related business activities.
Such consent shall apply regardless of your registration under any Do Not Call (DNC) or Do Not Disturb (DND) registry to the extent permitted under applicable law.
Grievance Officer
For any queries, complaints or grievances in relation to these Terms & Conditions or your use of Hooter, you may contact our Grievance Officer at the details below.
Name: Mohit Sharma
Designation: Business Head
Email: support@hooter.in
Phone: +91 95988 89995
Have questions?
If anything here is unclear, our team is happy to help. You may also want to review our related policies.