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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, 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 BikeWale. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
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 BikeWale'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 BikeWale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, BikeWale has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
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.
Membership on the Site is free. BikeWale does not charge any fee for browsing on the Site. BikeWale charges Listing Fee to all sellers and Special Listing Fees are charged to Sellers who use the Special Listing Feature for listing their bikes. 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 BikeWale. BikeWale is not liable for making these selections public. Before you list an bike 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 BikeWale are effective from May 11th 2005. However, BikeWale reserves the right to change its Fee Charging and Credit policies from time to time. In particular, BikeWale 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 BikeWale 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. BikeWale 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 BikeWale. BikeWale also reserves the right to take legal action in case of non-payment of fees by you to BikeWale.
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
The Site is only a venue where Users may meet and interact with one another for their transactions. BikeWale is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
Without limiting other remedies, BikeWale 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:
BikeWale 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 BikeWale or use the Site in any manner whatsoever until such time that such User is reinstated by BikeWale. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, BikeWale reserves the right to recover any amounts due and owing by you to BikeWale and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
BikeWale 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 BikeWale. Please be aware that even if you do not give BikeWale 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 bike at a time and needs to make BikeWale aware of its timely status.
As a registered member, you may list bike for sale on the Site. You must be legally able to sell the bike(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 bikes 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 bike 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 bike must not be misleading and must describe actual condition of the product. If the bike description does not match the actual condition of the bike, you agree to refund any amounts that you may have received from the buyer.
BikeWale 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.
In no event shall BikeWale 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). BikeWale's liability in any circumstance is limited to the amount of fees, if any, paid by you to BikeWale. BikeWale, 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, BikeWale assumes no liability whatsoever for any monetary or other damage suffered by you on account of
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.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and BikeWale and you shall have no authority to bind BikeWale in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to BikeWale c/o Automotive India Pvt. Ltd. Attn: Legal Department E-2/145 Arera Colony, Bhopal 462 016 (in the case of BikeWalem) 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 BikeWale 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 BikeWale. 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.
The User Agreement shall be governed and construed in accordance with the laws of India.
At BikeWale, we are extremely proud of our commitment to protect your privacy. We value your trust in us. We will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to friends and family. Please read the following policy to understand how your personal information will be treated as you make full use of our Site.
BikeWale promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. . From time to time we may reveal general statistical information about our Web site and visitors, such as number of visitors, number and type of goods and services purchased, etc. Your trust and confidence are our highest priority.
We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. The following are examples of some categories of persons to whom we would share your information with from time-to-time.
BikeWale may also aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.
When a user lists a classifieds advertisement, and the advertisement receives an expression of interest by the interested user, the interested user will be provided the contact information of the user listing the advertisement as provided in that user's registration form.
When a user expresses an interest in a classifieds advertisement, the user who has listed the advertisement will be provided the contact information of the interested user as provided in the interested user's registration form.
In order to facilitate interaction among all BikeWale community members, our Site allows you to access other users' contact information. Further, as a seller you will be sent via email the personal details like email, address and other information of the buyer(s), and as a buyer you will be sent via email the personal details like email, address and other information of the buyer(s). By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the Site or through a BikeWale-related communication or BikeWale-facilitated transaction, BikeWale hereby grants to you a license to use such information only for:
BikeWale and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a BikeWale user-even a user who has purchased an bike from you-to your mail list (email or physical mail) without their express consent after adequate disclosure.
To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on BikeWale, your BikeWale ID and Password are required in order to access your profile information.
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