Terms of Service

1. General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.motorcykle.in.

The domain name www.motorcykle.in (hereinafter referred to as “Website”) is owned by motorcykle.in, a Private Limited Company registeredunderthe Companies Act 1956, as amended,(Hereinafter referred to as the “Company”), having its registered office at 306, Drosia Apartment, Bada Chandgnaj, Lucknow 226024.

The use of this website by you is solely governed by this policy and any policy so mentioned by terms of service. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company.

For the purpose of these Terms of Service, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user on the website by providing Registration Data while registering on the Website. The site also providesits services without registration but thisdoes not absolve you of this contractual relationship.

The term “We”, “Us”, “Our” shall mean www.motorcykle.in. You will be subject to the rules, guidelines, policies, terms and conditions applicable to any service that is provided by this website, and they shall bedeemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from you or notice to you. The relationship creates on you a duty to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, itshall be deemed as consent by you to the so amended policies. As long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Motorcykle.in is an online platform for automotive enthusiasts who believe in the future of digital and social media. The website visualizes to build up a strong social media challenge for motorcycle or scooter users who wish to be abreast of regular and updated information about two-wheelers and everything else related to it. The website serves everyone who owns, rides, desires or deserves a motorcycle and contains comprehensive information about motorcycles and scooters of all ranges and makes available in India. Users can search and compare products listing and also rate the local dealers according to their service and performance. User can create their personal profile which will help them access the existing and future web services and product as well.

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.

2. Membership

The website is a platform for any motorcykle enthusiast who is interested in any way about motorcykles. It is a platform for the user tosearch and compare products listing and also rate the local motorcycle dealers/distributorson their services and performance.

2.1 The person seeking to be a member of this website shall login through their ‘Facebook’ or ‘Twitter’ account or register themselves with the website for availing its services.

2.2 The use of this website is limited to all those above the age of 18 and who are not barred under the provisions of Indian Contract Act, 1872 which inter alia includes those ‘Incompetent to Contract’s.

2.3 You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or if the company has reasonable reasons to believe you have done so, we hold the rights to permanently suspend your account with or without prior intimation.

2.4 You shall not upload any inappropriate cover and/or profile images on their personal motorcykle.in profile.

3. Communications

By using this Website, it is deemed that you have consented toreceive SMS users alerts if you opt for services from this website, even if you have registered for DND (Do Not Disturb) or NDNC (National Do Not Call) services, as these are transactional messages important for you in your interaction with the site motorcykle.in and its services. Any user wishing to the contrary shall send an email on get@motorcykle.in to notify his intention.Till such a mail has been sent, you would be deemed to have explicitly authorized such communication.

The sharing of the information provided by you will governed by the Privacy Policy and we shall give out such contact information of yours to third parties for advertisement and lead generation purpose.

4. Charges

The membership of this website is free of cost and the user shall not be charged for the services provided by the website.However, we reserve the sole right to amend or alter this policy of ours with a prior notice to the users.

5. Third party information

The website shall host various include hyperlinks to other web sites or content or resources or advertisements of third parties, which would be solely the intellectual property of third party and the user shall use his own discretion before going for any such third party content hosted on the website.

The content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.

However it is hereby expressly specified that all rights in any content, data, image, advertisement, slogan, logo or any other material, collectively content uploaded on the website that is the Intellectual Property of yourself, or any third party shall remain with such respective owners and we shall in no manner be responsible for the same. It is hereby expressly specified that we firmly uphold Intellectual Property Protection laws and that you are hereby barred from doing any act or attempting to do any act that is in, or can be held to be an attempt to be a violation of any Intellectual Property Right subsisting in any content uploaded on the Website. Such a limitation shall be in addition to the User Obligations provided specifically in this Terms of Service.

6. User obligations

You are a restricted user of this website.

6.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any material, information or software obtained from the website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.

6.2 You agree not to access (or attempt to access) the website and/or the materials or services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website is expressly banned. You acknowledge and agree that by accessing or using the website or services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website. In all such instances, You may report such content to us at geton@motorcykle.in

6.3 The User shall not and agrees not to:

a) Upload any inappropriate cover and/or profile images on their personal motorcykle.in profile;

b) Impersonate any person or entity, or falsely provide any information sought on the website for whatever purpose. Non-compliance of the requirement shall lead to immediate suspension of the account.

c) Probe, scan or test the vulnerability of the Website or any network connected to the website, or breach the security or authentication measures on the website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the website, or any other customer of the website, including any website Account not owned by You, to its source; or exploit the website or service or information made available or offered by or through the Website in any manner, whether or not the purpose behind which is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

d) Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers or networks connected to or accessible through the websites or any affiliated or linked sites;

e) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

f) Use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

g) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

h) Violate any applicable laws or regulations for the time being in force within or outside India;

i) Violate the Terms of Service including but not limited to any applicable additional terms of the website contained herein or elsewhere;

j) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

k) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

l) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;

m) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

n) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

6.4 This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance, questions, answers, reports and graphics. Reproduction is prohibited other than as set forth in these terms and conditions. It is hereby specified that this clause shall only apply to materials that are our Intellectual Property.

6.5 You shall not engage in advertising to, or solicitation of, other users of the website to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on our website or related to us.

6.6 You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without Our prior explicit consent. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

6.7 Intellectual Property Rights: Unless the website has otherwise agreed, nothing herein gives the user a right to use any of the website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand keyword, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand keyword of the Website are a property of the Company. Furthermore, with respect to website created by the company, the company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall we assume or have any responsibility or liability for any Content posted, or for any claims, damages or losses resulting from the use of Content and/or appearance of Content of any Third Party on the Website.

You hereby represent and warrant that you have all necessary rights in and to all information you provide, and that such information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

7. Disclaimer of warranties and liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

The website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, The Website makes no warranty that:

(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;

(ii) the reviews provided about the services and performance of local dealers / distributors are error free or objective;

(iii) any errors or defects in the website, services or other materials will be corrected.

To the maximum extent permitted by applicable law, we will have no liability related to third party related content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. Motorcykle.in also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The User understands and agrees that search and comparison of the products listing undertaken, provided by the website, is done entirely at their own discretion and risk and they will be solely responsible for any consequences whatsoever that arises out of it. Motorcykle.in accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

The User hereby also understands that the websites provides the review of the local dealers and which may change in the future searches by the user as the reviews may change with the improvement in the service and performance of the dealers. Such reviews / ratings are only the opinions of the users and we disclaim all liability with regard to such opinions. They are and shall remain the personal views of the users of the website and we shall have no responsibility / liability towards any such personal view of any user.

We shall not be liable for any third party product or services. Any advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.

8. Indemnification and limitation of liability

You agree to indemnify, defend and hold harmless this website including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Limited time to bring your claim

You and The Company agree that any cause of action arising out of or related to the website, only, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action will be permanently barred. You may bring such cause of action to our attention at geton@motorcykle.in.

10. Disputes and jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

10.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.However, the parties in good faith will attempt to bind by the decision.

10.2 Stage 2: Arbitration. In the event mediation does not yield a result suitable or preferred by any one of the parties, arbitration shall follow, the award of which is binding on both parties. The Arbitration shall be done by a Sole Arbitrator appointed by the Company. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will take place at Lucknow,Uttar Pradesh.

In the event of the dispute resolution mechanism failing, the matter shall be subject to Indian laws in the jurisdiction of the courts of Lucknow.

 

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