By registering with www.bikewale.com (hereinafter referred to as "the Site"), you are confirming that you have read these
terms and conditions of your use of the Site and agree to abide by the same. These terms and conditions (hereinafter referred
to as "User Agreement") constitute your binding obligations towards Automotive Exchange Pvt. Ltd. (hereinafter referred to as
“bikewale.com” or “we” or “us”). This User Agreement is effective upon acceptance in registration for new registering users.
bikewale.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 (30) is this mandatory 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 User Agreement may not be otherwise amended except in writing and signed by you and bikewale.com. What’s the
implication? 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.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and bikewale.com's Privacy
Policy, which include terms and conditions expressly set out below and those incorporated by reference, before you may become
Please note: underlined words and phrases are links to the pages and websites. By accepting this User Agreement, you also agree
on those websites.
1. Membership Eligibility
Full use of the Site is available only to persons who can form legally binding contracts with bikewale.com under an 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.com. If you are registering as a business entity, you represent that you have the authority to bind the
entity to this User Agreement.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account like email ID , Password, etc.
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 registration form available on the
Site (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.com has a reasonable ground to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, bikewale.com has the
right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. 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.
4. Fees and Services
Membership on the Site is free. bikewale.com does not charge any fee for browsing on the Site. bikewale.com charges listing fee to
all sellers and special listing fees are charged to sellers who use the special listing feature(s) for listing their bikes.
Before you list a bike for sale through the Site, we request you to review our fee, posted on Site, which is hereby incorporated by reference into this User
Agreement. However, bikewale.com reserves the right to change its fee charging and credit policies from time to time. In particular, bikewale.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 bikewale.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. bikewale.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 bikewale.com. bikewale.com also reserves the right to take legal action in case of non-payment of fees by you to bikewale.com.
5. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
(a) "Your Information" is defined as any information you provide to us or to the other users of the Site (those users "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 details of any bikes you list on the Site):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen bikes;
(iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy; and
(iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any bike, 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.
(c) You agree to supply us with Your Information so we can use it for the purpose of the Site and agree that we are not violating any
rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect to Your Information. bikewale.com will only use Your Information
information to identify potential members of the site with whom you may have a beneficial relationship (including bike dealers or potential
buyers).Further, you acknowledge, authorize and consent to bikewale.com sharing your information with bike dealers or potential buyers, as the
case may be in the course of its business. You further acknowledge and agree that you will not share any sensitive personal data or information
as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information)
Rules, 2011, on the Site with any participant in the Site(including bikewale.com) and that you will always be compliant with the bikewale.com’s
(d) You represent and confirm that you shall be the sole and exclusive legal owner of all bikes, goods or products of any description that you
wish to offer for sale on the Site or shall have complete rights with respect to such bikes, goods or products bestowed on you by the legal owner
of such bikes, goods or products in writing and you will have the full authority in law to dealin and offer for sale such bikes, goods or products.
(e) In the event that any transaction or attempted transaction relating to any bike, good or service which is violative of this User Agreement
or applicable law comes to your knowledge, you shall take all steps to inform bikewale.com of the same. You may contact bikewale.com by sending
mail to email@example.com.
(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any bike or services being
sold or purchased on the Site.
(g) From time to time, you shall be responsible for providing information relating to the bikes 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 bikes or services so as to mislead other Users in any manner.
(h) You will not disclose your contact details like phone number, address, email address in the 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 bikewale.com.
5A. You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display,
upload, modify, publish, transmit, update or share any information that -
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy hateful,
or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
(c) may harm minors in any way;
(d) infringes any patent, trademark, copyright or other third party proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads bikewale.com, Site and/or Users about the origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
(g) impersonate any other person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer resource; and
(i) threatens the unity, integrity, defence, 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.
6. Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their transactions. bikewale.com is not and cannot be a
party to or control in any manner any transaction between two Users of the Site. Consequently:
(a) bikewale.com is not responsible for any non-performance or breach of any contract entered into between Users. bikewale.com cannot and does
not guarantee that the concerned Users will perform any transaction concluded on the Site. bikewale.com shall not and is not required to mediate
or resolve any dispute or disagreement between Users.
(b) bikewale.com does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the bikes or
services proposed to be sold or purchased on the Site. In particular, bikewale.com does not implicitly or explicitly support or endorse the sale
or purchase of any bikes or services on the Site. bikewale.com accepts no liability for any errors or omissions, whether on behalf of itself or
(c) bikewale.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 bikes or associated services. bikewale.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 bikes vest with bikewale.com
nor shall bikewale.com have any obligations or liabilities in respect of such contract. bikewale.com is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of bikes which are out of stock or otherwise unavailable. All bikes 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 Users that you
(f) You release and indemnify bikewale.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, bikewale.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.
We do not disclose your personal information to third parties for their marketing purposes contradiction ? without your explicit consent and
community principle. We understand clearly that you and Your Information is one of our most important assets. You acknowledge and agree that
Your Information and including any personal information would need to be provided by you to other Users through the Site when you seek to
transact with such Users on the Site. You further agree that we have no control over the recipient Users of Your Information since such Users
are selected by you when you choose to interact or transact with them.
Without limiting other remedies, bikewale.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 bikewale.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 bikewale.com; or
bikewale.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 bikewale.com or use the Site in any manner whatsoever until such time that such User is reinstated by bikewale.com.
Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, bikewale.com reserves the right
to recover any damages and amounts due and owing by you to bikewale.com and to take strict legal action including but not limited to a referral
to the Cyber Crime Division / initiating criminal proceedings against you.
bikewale.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 bikewale.com. Please be aware that even if you do not give bikewale.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 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. 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.com aware of its timely status.
11. No Warranty
bikewale.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 own sole risk.
12. Limitation of Liability
In no event shall bikewale.com or its suppliers 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 arising out of or in connection with
the Site, its services or this User Agreement (however arising, including negligence).
bikewale.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to bikewale.com. bikewale.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, bikewale.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 bikewale.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 bikewale.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 or in connection with
your breach of the User Agreement or the documents it incorporates by reference, or your use of the Site or your violation of any law or the
rights of a third party.
14 . Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and bikewale.com and you shall have
no authority to bind bikewale.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to bikewale.com c/o Automotive Exchange Pvt. Ltd. Attn: Legal
Department 11th floor, Vishwaroop IT Park, Sector 30A, Vashi, Navi Mumbai Maharashtra- 400705, (in the case of bikewale.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.
15 . Arbitration
If any dispute arises between you and bikewale.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 bikewale.com. The place of arbitration shall be Navi Mumbai. The Arbitration & Conciliation Act,
1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
16 . Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India.