A) These are the terms and conditions governing your use of the website www.Indiabikes.com (hereinafter referred to as "the Site") and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards Telesoft Neutek Pvt. Ltd. (hereinafter referred to as Indiabikes.com) ("User Agreement "). This Agreement is effective upon acceptance in registration for new registering users, Indiabikes.com may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Indiabikes.com. The User Agreement was last revised on Oct 14, 2010. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
a. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, year 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. The Site is not available to persons whose membership has been suspended or terminated by Indiabikes.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
b. Your Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.
You agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by Indiabikes.com's registration form (such information being the "Registration Data"); and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Indiabikes.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Indiabikes.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
c. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
d. Use of the booking engine on the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
(a) "Your data" is defined as any information you provide to us or other users of the Site ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
(b) Your Information (or any cars listed):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen cars;
(iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any car, 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.
(d) You represent and confirm that you shall be the sole and exclusive legal owner of all cars, goods or products of any description that you wish to offer for sale on the Site or shall have complete right bestow on you by the legal seller in written and you should have the authority to deal in and offer for sale such cars, goods or products.
(e) In the event that any transaction or attempted transaction relating to any car, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Indiabikes.com of the same. You may contact Indiabikes.com by sending mail to info@Indiabikes.com.
(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any car or services being sold or purchased on the Site.
(g) From time to time, you shall be responsible for providing information relating to the cars or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such cars or services so as to mislead other Users in any manner.
(h) You will not disclose your contact details like Phone number, address, emailing address in buying or listing process, other than the specified place in the form, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass Indiabikes.com.
6. Communication method
The Site is only a venue where Users may meet and interact with one another for their transactions. Indiabikes.com is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
(a) Indiabikes.com is not responsible for any non-performance or breach of any contract entered into between Users. Indiabikes.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Indiabikes.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.
(b) Indiabikes.com does not make any representation or Warranty as to the attributes (such as quality, worth, condition, etc.) of the cars or services proposed to be sold or purchased on the Site. In particular, Indiabikes.com does not implicitly or explicitly support or endorse the sale or purchase of any cars or services on the Site. Indiabikes.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) Indiabikes.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell cars or associated services. Indiabikes.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning buyer. At no time shall any right, title or interest over the cars vest with Indiabikes.com nor shall Indiabikes.com have any obligations or liabilities in respect of such contract. Indiabikes.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of cars which are out of stock or otherwise unavailable. All cars are offered only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
(f) You release and indemnify Indiabikes.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Indiabikes.com cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
f. Services Fees
Membership on the Site is free. Indiabikes.com does not charge any fee for browsing on the Site. Indiabikes.com charges Listing Fee to all sellers and Special Listing Fees are charged to Sellers who use the Special Listing Feature for listing their cars. However, such listing fee can be waived off for fix duration as Inaugural Offer and/or to an Individual Seller or Associate Dealer, short listed and selected by Indiabikes.com. Indiabikes.com is not liable for making these selections public. Before you list an car for sale through the Site, we request you to review our Fees which is hereby incorporated by reference into this agreement.
The Fee Charging and Credit policies on Indiabikes.com are effective from May 11th 2005. However, Indiabikes.com reserves the right to change its Fee Charging and Credit policies from time to time. In particular, Indiabikes.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Indiabikes.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site.
Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. Indiabikes.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Indiabikes.com. Indiabikes.com also reserves the right to take legal action in case of non-payment of fees by you to Indiabikes.com.
g. Buying listing
Indiabikes.com strongly advises you not to test the site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by Indiabikes.com.
Please be aware that even if you do not give Indiabikes.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As a seller you certify that all information provided by you against your listed bike is true. Individual seller can list one car at a time and needs to make Indiabikes.com aware of its timely status.
h. Selling & buying listed bikes
As a registered member, you may list bike for sale on the Site. You must be legally able to sell the car(s) you list for sale on our Site. Listings may only include text descriptions, graphics and pictures that describe your bike for sale. All listed cars must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the car listing or elsewhere on the Site other than in the Sell bike Form is expressly prohibited and would be considered as a breach of the User Agreement. All listed bikes must be kept in stock for successful fulfillment of sales.
The listing description of the car must not be misleading and must describe actual condition of the product. If the car description does not match the actual condition of the car, you agree to refund any amounts that you may have received from the buyer.
i. No Warranty
Indiabikes.com and its suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
j. Limitation of Liability
In no event shall Indiabikes.com or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence).
Indiabikes.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to Indiabikes.com. Indiabikes.com, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Indiabikes.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
(ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that Indiabikes.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Indiabikes.com has been advised of the possibility of such damages).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
l. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Indiabikes.com and you shall have no authority to bind Indiabikes.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Indiabikes.com c/o Automotive Exchange Pvt. Ltd. Attn: Legal, 905, Technocity, Plot X5/3, Navi Mumbai, Maharashtra 400710 (in the case of Indiabikes.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and Indiabikes.com during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Indiabikes.com. The place of arbitration shall be Bhopal. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Without limiting other remedies, Indiabikes.com may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
(a) If you breach the User Agreement or the documents it incorporates by reference;
(b) If Indiabikes.com is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you, other Users or Indiabikes.com.
Indiabikes.com may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Indiabikes.com or use the Site in any manner whatsoever until such time that such User is reinstated by Indiabikes.com. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Indiabikes.com reserves the right to recover any amounts due and owing by you to Indiabikes.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
o. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India at Mumbai and the cyber laws of India 1999.