Last Updated On 28/05/2017
Terms Of Service
“WWW.DWICHAKRA.COM” (hereinafter, the “Website”) is owned and operated by Dwichakra Services Private Limited (“Dwichakra”), (hereinafter referred to as “Company”), a private limited company incorporated under the Companies Act, 2013, having its registered at No. 17, 2nd Floor, 2nd Cross, 3rd Main, Friends Layout, Chruch Street, Kotanuru Dinne, JP Nagar, 8th Phase, Bangalore – 560076, Karnataka, India and bearing CIN U74900KA2016PTC087128.
“You”, “Your”, “Yourself” or “User” shall mean and refer to the person visiting, accessing, browsing through and/or using the Website at any point in time and shall include the “Clients/Customers”. Further it shall also mean and refer to persons who are “Franchisee” and “Service Provider” for the Website. However, where a Client/Customer or Vendor or Service Provider is mentioned specifically it shall only mean and refer to that class of User.
The term “We”, “Us”, “Our” shall mean and refer to the Dwichakra website and/or the Company, depending on the context.
This Agreement shall cover your usage of the Website as a User, which shall include Customers, Vendors/Service Providers. Further the Franchisees are also bound by the Franchise Agreement signed with the Company, besides this Agreement. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
DWICHAKRA HOLDS THE SOLE RIGHT TO MODIFY THE TERMS OF SERVICE WITHOUT PRIOR PERMISSION FROM YOU OR PROVIDING NOTICE TO YOU. THE RELATIONSHIP CREATES ON YOU A DUTY TO PERIODICALLY CHECK THE TERMS OF SERVICE AND STAY UPDATED ON ITS REQUIREMENTS. IF YOU CONTINUE TO USE THE WEBSITE OR AVAIL ANY OF ITS SERVICES WITHOUT REGISTRATION FOLLOWING SUCH CHANGE, THIS IS DEEMED AS CONSENT BY YOU TO THE SO AMENDED POLICIES. YOUR CONTINUED USE OF THE WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH THE TERMS OF SERVICE EVEN AFTER ALTERATIONS, IF ANY.
2. About Us
Dwichakra provides bike rentals, motor vehicle rentals, and accessories and organizes biking trips and biking clubs, travel arrangements, training, bike sales and service, used bike sales and auto consultancy, bike alterations, conducting bike races and other related and incidental activities in India and other select places.
Customers shall create an account on the Website by entering their full name, email id, mobile number and choose a password. Thereafter Customers shall enter the pickup and drop off information such as selecting the city/location, selecting the date/time and searching for the available bikes, from which they may choose the best suited option. The Customers shall then confirm their reservation and make payment for the services along with the required credentials/KYC documents. Thereafter the Customers shall receive the bike at the nearest location mentioned and shall deliver the bike to the same location once the trip is complete.
The name Dwichakra itself represents passionate biking and commuting solutions. Founded in Bangalore, the Company/Website delivers and explores adventure rides across India.
The young team of Dwichakra is working towards building innovative thoughts and solving commuter problems in urban areas. Further the Company/Website seeks to bring about a change in biking trips and clubs across India.
3. General Terms Of Usage
1. The minimum hiring period for bikes shall be 4 hours and the billing period shall follow a 4 hour cycle. The Company guarantees fuel in the bike up to the nearest fuel station. In the event the User wants to change the bike, the same shall be intimated to the Company within 24 hours of confirmation and it may be consider by the Company based on the availability. Before starting the ride, the user shall verify the condition of the vehicle. Further extension of hiring period should be informed to the Company at least 2 hours prior. The same may or may not be accepted by the Company, depending on the availability of bikes.
2. The User shall provide original copy of his/her driving license, Aadhar Card, Indian Passport and any other valid ID issued by State/Central government. The same shall be applicable for pillion rider, in case if the hirer is unwell and unable to ride. Foreign nationals using the services of the Website shall provide their international driving license and valid VISA copy. The user shall collect original documents from the Company at the time of drop-off of bike.
- DELIVERY AND PICK-UP
Pick-Up and delivery time shall be scheduled between 6 am and 9 pm. The bike has to be dropped at the same location where it was picked up. Extension of rent shall be considered on availability. Date and time of pick up cannot be changed once the booking is confirmed. The delivery option of bike available to the User shall be within 5 km. Delivery of bike shall be done at the doorstep of the User and shall be done 45 minutes prior to booking time and shall depend on the traffic condition. In the event of delay in delivery the Customer may call the Company helpline or the delivery personal provided in the SMS notification to the Customer. Further the Customer agrees that at the time of pick-up he/she shall ensure that the bike and its parts work properly. The Company shall not be responsible and/or liable if the bike fails to work properly.
- SAFETY AND PRECAUTIONS
The Customer shall wear a helmet while riding the bike and must abide by all traffic rules and ride with caution. The Customer shall not listen to music or talk/text on the phone while riding. The Customer shall use head-light to increase visibility at night and use eye protection to keep bugs & dirt out of their eyes. The Customer shall use sun glasses to reduce glare from the sun and take extra care in wet weather as the roads may be slippery. The rider shall be in good health, be able to operate, control and balance the bike. The rider must inform the Company if any part of the bike is subjected to repair or not working properly so that the Company can try to solve the problem through our helpline. All risks pertaining to riding a bike shall be borne by the rider alone.
- PROHIBITION AND TRAFFIC VIOLATIONS
The Customer shall not exceed the requisite speed limit. Driving under the influence of alcohol or drugs or any other medication is prohibited. Parking the vehicle in non-parking area is prohibited. The Customer shall report to the Company in case of accident. The Customer shall not use hands free mobile and texting and shall not triple ride. Transportation of any illegal goods using the Company bikes is prohibited. The Company strictly prohibits any adventure activities like bike racing and stunts using the Company’s bikes. In the event the Customer fails to adhere to any rules mentioned herein we shall permanently blacklist such a Customer and shall not allow such a Customer to use our services in the future.
- DAMAGE AND ALTERATIONS
Any damage to the bike or its equipment shall be subject to repair costs on part of the Customer. Any damage caused to the bike from the pickup to the dropping of bike, the rider shall bare all the charges. Any third party damage to the biked rented shall be intimated to the Company and a FIR shall be lodged at the nearest police station. We shall provide assistance but all legal formalities shall be fulfilled by the rider and such third party. No external structures or alterations shall be carried out on the bikes rented. In case of any damage to the helmet the rider shall be responsible to pay for the same. Over speeding beyond limits as per traffic rules and any loss/damage caused pursuant to the same shall be the personal liability of the User using the bike at that point of time and he/she shall pay for the same whenever the company receives penalty challan for the concerned violations.
- ACCIDENT AND THEFT
Accident and theft of rented bikes shall be informed immediately to the Company and the nearby police station without any delay. FIR should be lodged at the nearest police station. In case of theft during the ride the rider/person who has acquired the bike on rent from the Company shall be responsible to pay the full price of the bike to the Company.
We shall ensure the delivery of bikes in a well-maintained condition and we look forward to receiving the same from your end. We may need 7 days to ensure that you have returned the company vehicle in a good condition. The Customer shall co-operate and show the valid identity proof to the Company mechanic or delivery agent who might ask for it. The Company has the right to cancel the booking in case of violation by the Customer.
- BIKING TRIPS CHECKLIST INSTRUCTIONS
- Make sure your bike is serviced and fueled.
- Carry up to dated documents such as DL, RC, and Emission Test etc.
- We recommend riders to carry their own tool kit and First Aid Kit.
- Biker should assemble and report before 30 minutes in prior.
- Minimum riding gears are mandate for rider, as well as for pillion rider.
- The bike should be at least 150CC and could be any model and make.
- Personal toiletries kit (soap, shampoo etc.) & summer/winter clothing.
- OTHER IMPORTANT NOTES
- Our service carries only with minor break down such as puncher, starting trouble, refill fuel and engine oil.
- Do not over speed or do not leave the camp without prior information.
- Company (Dwichakra Services Pvt. Ltd.) is not liable for any loss of death or injuries during ride due to riding negligence or under the influence of drugs or alcohol or third party injuries & accidents.
- Dwichakra shall care for rider in case of medical emergency due to natural consequences such as snake bite or wild animal attack etc. and rider has to wage medical expenses if any.
- For more information, please refer http://www.dwichakra.com/terms-conditions.
- BIKING / RIDING EVENT INSTRUCTIONS (EVERY PARTICIPANTS MUST READ)
- The staggered riding formation allows a proper space cushion between motorcycles so that each rider has enough time and space to maneuver and to react to hazards. The Captain rides in the left third of the lane, while the next rider stays at least one second behind in the right third of the lane; the rest of the group follows the same pattern.
- A single-file formation with a minimum 2-second following distance is preferred on a curvy road, under conditions of poor visibility or poor road surfaces, entering/leaving highways, or other situations where an increased space cushion or maneuvering room is needed.
- Avoid side-by-side formations, as they reduce the space cushion. If you suddenly needed to swerve to avoid a hazard, you would not have room to do so. You don’t want handlebars to get entangled.
- Periodically check the riders following using your rear view mirrors. If you see a rider falling behind, slow down so they may catch up. If all the riders in the group use this procedure, the group should be able to maintain a fairly steady speed without pressure to ride too fast to catch up.
- If you’re separated from the group, don’t panic. Your group should have a pre-planned procedure in place to regroup. Don’t break the law or ride beyond your skills to catch up.
- For mechanical or medical problems, use a cell phone to call for assistance as the situation warrants.
- If a rider leaves during the ride, the rest of the group should re-form the staggered formation by criss-crossing into the next vacant position. Although it would seem more efficient for the column directly behind the missing rider to move up, we do not recommend it because passing another rider within a lane can be risky.
- To use the services provided on the Website, you shall register yourself on the Website and become a member.
- To create an account, you need to provide your email id, mobile number and choose a username and password.
- You must keep your account and registration details current and correct for communications related to your purchases from the Website.
- In the event a Customer does not register on the website, his/her registration shall be done automatically when he/she books a service on the website. Further Google and Facebook account may be linked to the Website account.
- 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 event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
5. Payments & Fees
THE SERVICES AVAILABLE ON THE WEBSITE REQUIRE A PAYMENT OF FEES. THE COMPANY RESERVES THE RIGHT TO CHANGE ITS PRICE LIST, PLANS AND TO INSTITUTE NEW CHARGES AT ANY TIME, AND THE SAME MAY OR MAY NOT BE NOTIFIED TO THE USER.
- Payment tariff shall differ from Monday to Thursday and Friday to Sunday, where surge pricing shall apply.
- The payment shall include an interest free safety deposit of Rs. 999/- per bike and the same shall be returned to the respective account within a week after drop off. Further variation in the drop off timings shall lead to extra standard charges as applicable on hourly basis. Prices may vary during special events and festivals.
- One or many of the following payment options are available on the Website:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks
- Visa & Master Card Debit cards;
- Bank wire
- Other payment gateways such as Digital wallets, UPI, PayPal, Moneybooker, PayuMoney and any other payment mechanism that comes into usage in the future.
- Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
- As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company.
6. Cancellation & Refund Policy
- Cancellation amount or refund amount shall be transferred within 5-8 working days of such cancellation and shall be credited to your bank account.
- In case a bike is booked early for a week and cancelled prior to the trip, the amount refunded shall be a % of total amount paid. The % amount refunded shall be as follows:
- If cancellation is done before two weeks then 95% of total amount shall be refunded.
- If cancellation is done before a week then 60% of total amount shall be refunded.
- If cancellation is done before three days, then 40% of total amount shall be refunded.
- If cancellation is done before two days, then 25% of total amount shall be refunded.
- If cancellation is done before one day then there shall be no refund.
- If cancellation is done by the Company then 100% of the amount shall be refunded.
- Cancellation of bike is subject to reasons beyond and circumstance due to unavailability of bikes to the Company. If the chosen bike is unable to be delivered from our end, then the Customer shall be eligible for full refund.
- Trip/Ride Cancellation & Refund Policy:
- If cancellation is done before two weeks of the ride, then 60% of total amount shall be refunded and transaction charges are applicable.
- If cancellation is done before a week of the ride, then 40% of total amount shall be refunded and transaction charges are applicable.
- If cancellation is done within a week of the ride, then there shall be no refunded.
- If cancellation is done by the Company then 100% of the amount shall be refunded and transaction charges are applicable.
7. User Obligations
You are a restricted user of this website.
- 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 information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- 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. 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 offensive content on the Website. Further, You may report such offensive content.
- In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor 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 way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- 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;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- 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;
- 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;
- Create liability for Dwichakra or cause Dwichakra to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
Dwichakra has no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall Dwichakra 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 on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Services on the Site would be available pan India. However, some features of the Site shall only be available in select cities in India. 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.
TRANSACTIONS ON THE WEBSITE ARE SECURE AND PROTECTED. ANY INFORMATION ENTERED BY THE USER WHEN TRANSACTING ON THE WEBSITE IS ENCRYPTED TO PROTECT THE USER AGAINST UNINTENTIONAL DISCLOSURE TO THIRD PARTIES. THE USER’S CREDIT AND DEBIT CARD INFORMATION IS NOT RECEIVED, STORED BY OR RETAINED BY THE COMPANY / WEBSITE IN ANY MANNER. THIS INFORMATION IS SUPPLIED BY THE USER DIRECTLY TO THE RELEVANT PAYMENT GATEWAY WHICH IS AUTHORIZED TO HANDLE THE INFORMATION PROVIDED, AND IS COMPLIANT WITH THE REGULATIONS AND REQUIREMENTS OF VARIOUS BANKS AND INSTITUTIONS AND PAYMENT FRANCHISEES THAT IT IS ASSOCIATED WITH.
10. License And Access
THE COMPANY GRANTS YOU NO SUB-LICENSE, WHETHER LIMITED OR NOT, TO ACCESS AND MAKE PERSONAL USE OF THE SITE, AND NOT TO DOWNLOAD (OTHER THAN PAGE CACHING) OR MODIFY IT OR ANY PORTION OF IT, EXCEPT WITH EXPRESS WRITTEN CONSENT OF THE COMPANY. YOU ARE NOT PERMITTED ANY RESALE OR COMMERCIAL USE OF THE SITE OR ITS CONTENTS; ANY COLLECTION AND USE OF ANY PRODUCT LISTINGS, DESCRIPTIONS, OR PRICES; ANY DERIVATIVE USE OF THE SITE OR ITS CONTENTS; ANY DOWNLOADING OR COPYING OF INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS. ANY PORTION OF THE SITE MAY NOT BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, VISITED, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT EXPRESS WRITTEN CONSENT OF THE COMPANY. YOU MAY NOT FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY TRADEMARK, LOGO, OR OTHER PROPRIETARY INFORMATION (INCLUDING IMAGES, TEXT, PAGE LAYOUT, OR FORM) OF THE WEBSITE OR OF THE COMPANY AND/OR ITS AFFILIATES WITHOUT THE EXPRESS WRITTEN CONSENT OF THE COMPANY. YOU MAY NOT USE ANY META TAGS OR ANY OTHER “HIDDEN TEXT” UTILIZING THE COMPANY’S NAME OR TRADEMARKS WITHOUT THE EXPRESS WRITTEN CONSENT OF THE COMPANY. YOU SHALL NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE SITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE SITE OR TO ANY SERVER, COMPUTER, NETWORK, OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE SITE, BY HACKING, ‘PASSWORD MINING’ OR ANY OTHER ILLEGITIMATE MEANS.
YOU HEREBY AGREE AND UNDERTAKE NOT TO HOST, DISPLAY, UPLOAD, MODIFY, PUBLISH, TRANSMIT, UPDATE OR SHARE ANY INFORMATION WHICH:
- BELONGS TO ANOTHER PERSON AND TO WHICH YOU DO NOT HAVE ANY RIGHT;
- IS GROSSLY HARMFUL, HARASSING, BLASPHEMOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, PEDOPHILIC, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OBJECTIONABLE, DISPARAGING, RELATING OR ENCOURAGING MONEY LAUNDERING OR GAMBLING, OR OTHERWISE UNLAWFUL IN ANY MANNER WHATEVER;
- HARMS MINORS IN ANY WAY;
- INFRINGES ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS;
- VIOLATES ANY LAW FOR THE TIME BEING IN FORCE;
- DECEIVES OR MISLEADS THE ADDRESSEE ABOUT THE ORIGIN OF SUCH MESSAGES COMMUNICATES ANY INFORMATION WHICH IS GROSSLY OFFENSIVE OR MENACING IN NATURE;
- IMPERSONATES ANOTHER PERSON;
- CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER RESOURCE;
- THREATENS 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; OR
- IS MISLEADING OR KNOWN TO BE FALSE IN ANY WAY.
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS from Dwichakra at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to firstname.lastname@example.org.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
12. Copyright & Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
13. 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, WE MAKE NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- 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 USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE RESPONSIBLE FOR THE RELEVANCE AND VALIDITY OF COMMENTS MADE BY THIRD PARTIES LIKE VENDORS, PUBLIC ON THE PLATFORM. THE CUSTOMER SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. FURTHER IN AWARDING POINTS THAT ARE REDEEMABLE FOR CASH, TO USERS WE ARE NOT RESPONSIBLE IF THE EVENT EXPIRES OR CHANGES OR IS REMOVED ALTOGETHER.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
14. Indemnification And Limitation Of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY 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 SERVICE. 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.
WE SHALL NOT BE LIABLE IN THE EVENT THE USER USES OUR SERVICES FOR ANY ILLEGAL ACTIVITY. THE COMPANY DISCLAIMS ALL LIABILITY ARISING OUT OF THE SAME.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR EXPERTS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s)/service(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
16. 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.
- 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 the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In 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.
- Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held only at Bengaluru, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts only at Bengaluru, Karnataka, India.
18. Miscellaneous Provisions
- Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of Our user Agreement.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
19. Contact Us
If you have any questions about this Agreement, the practices of, or your experience with the Service, you can e-mail us at email@example.com.