Welcome to www.motorexchange.in and its directly associated domains
(“Website” or “We” or “Us”). If you continue to browse and use the Website you
are agreeing to comply with and be bound by the following terms and conditions
of use, including any future amendments (“Terms of Use”), which together with
our Privacy Policy govern our relationship
with you in relation to this Website (“Agreement”).
For the purpose of the Agreement, a user of the Website (“User”) (whether
registered or not) and wherever the context so require “You” shall mean any
natural or legal person who has agreed to use the Website or become a member of
the Website (“Registered User”) by providing data while registering on the
Website (“Registration Data”). You hereby accept this electronic version /
electronic record of the Agreement.
GENERAL
1. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Website.
2. As a condition of your use of the “Website”, you pledge that you will not use
the site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Website in any manner which could
damage, disable, overburden, impair, or interfere with any other party's use and
enjoyment of the Website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Website. You agree, and are hereby put on notice, that you are
prohibited from posting or transmitting to or from this Website any unlawful,
threatening, libelous, defamatory, inflammatory, pornographic, or profane
material or any other material that could give rise to any civil or criminal
liability under law. You are solely responsible for the content of any comments
you make.
3. The information, products, and services included in or available on the
Website may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. The Website and/or its respective
suppliers/ affiliates may make improvements and/or changes on the Website at any
time.
4. Advice received via Website should not be relied upon for personal, legal,
commercial or financial decisions and you should consult an appropriate
professional for specific advice tailored to your situation.
REPRESENTATIONS & WARRANTIES
5. The Website and/or its respective suppliers, affiliates, associates,
representatives make no representations about the suitability, reliability,
availability, timeliness and accuracy of the information, products and services
contained on the Website for any purpose. All such information, products
offered, services offered etc. are provided on an "as is where is" basis without
warranty of any kind. Website and/or its respective suppliers, associates,
affiliates hereby disclaim all warranties and conditions with regard to the
information, products, services, including all implied warranties and conditions
of merchantability, fitness for a particular purpose, title and
non-infringement. Nor do they guarantee that this information will be error free
or continuously available, or that the service will be free of viruses or other
harmful components. The information generated by the Website is believed to be
accurate, but the Website and its suppliers do not warrant or guarantee such
accuracy. The Website and its suppliers do not authorize the use of such
information for any purpose other than your personal use, and prohibit to the
maximum extent allowable the resale, redistribution, and use of this information
for commercial purposes.
6. In no event shall the Website be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever including
without limitation, damages for loss of use arising out of or in any way
connected with the use or performance of the Website, with the delay or
inability to use the Website or related services, the provision or failure to
provide services, or for any information, products, services and related
graphics obtained through the Website, or otherwise arising out of the use of
the Website, whether based on contract, tort, negligence, strict liability or
otherwise, even if the Website or any of its suppliers/affiliates has been
advised of the possibility of damages. If you are dissatisfied with any portion
of the Website or with any of these terms of use, your sole and exclusive remedy
is to discontinue using the Website.
7. The Website shall not be responsible for, and does not guarantee the
performance of, any goods or services purchased through the Website.
PROPRIETARY RIGHTS
8. The information contained in this Website including all images,
illustrations, designs, photographs, video clips, writings and other materials
that appear herein are copyrights, trademarks, trade dress or other intellectual
property owned, controlled, or licensed (all of which, collectively, “Contents”)
by the Website or its subsidiaries and affiliates or are the property of their
respective owners. The name “motorexchange” and its logos are trademarks of the
Website.
9. Permission is granted to display, copy, distribute, download, and print in
hard copy portions of this Website for the sole purposes of: (1) placing an
order with the Website or (2) using this Website as a shopping resource,
provided you do not modify the Website and that we retain all copyright and
other proprietary notices contained in the Contents.
10. Except as required for completing a transaction on the Website, none of the
Contents may be copied, reproduced, distributed, republished, downloaded,
displayed, posted electronically or mechanically, transmitted, recorded, in any
manner mirrored, photocopied, or reproduced without the prior written permission
of the Website or the applicable copyright owner. Linking, framing, mirroring,
scraping or data-mining of and from the Website is strictly prohibited.
TERMINATION
11. Please note that the permission granted herein terminates automatically if
you breach any of the provisions of the Terms of Use. Any other use of the
Contents on this Website including reproduction for purposes other than as noted
above, and including any reproduction, modification, distribution, or
republication may violate copyright or trademark laws, and, without the prior
written permission of the Website is strictly prohibited. The Website reserves
the right, in its sole discretion, to terminate your access to any or all of the
Website and the related services or any portion thereof at any time, without
notice. The Website reserves the right to cancel any listing at any time for any
reason, with or without cause/reason, and reserves the right to prohibit or
restrict access to the services to anyone at any time, with or without
cause/reason.
LIMITATION
12. We reserve the right to limit sales, including the right to prohibit sales
to re-sellers. You acknowledge that the Website may establish limits concerning
use of the Website, including the maximum number of days that Content will be
retained by the Website, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the Website, and
the frequency with which you may access the Website.
13. You agree that the Website has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted. You
acknowledge that the Website reserves the right at any time to modify or
discontinue its operation (or any part thereof) with or without notice and that
the Website shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Website.
14. You agree that any material, information, and ideas that you transmit to
this Website shall be and remain the property of the Website. You further agree
that the Website may use information about your demographics and use of this
Website in any manner.
15. The Website may without any prior notice revise these terms of use by
updating this posting. You agree that in the event any portions of these Website
terms of use are found to be unenforceable, the remainder of these Website terms
and conditions shall remain in full force and effect. By using this Website you
agree to be bound by any such revisions and should therefore periodically visit
this page to determine the then current terms of use to which you are bound.
LINKS
16. We are not responsible for any errors, omissions or representations on any
of our pages or on any links on any of our pages. We do not endorse in anyway
any advertisers on our web pages. Please verify the veracity of all information
on your own before undertaking any reliance. The linked sites are not under our
control and we are not responsible for the contents of any linked site or any
link contained in a linked site, or any changes or updates to such sites. We are
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by us of the site.
APPLICABLE LAWS & JURISDICTION
17. We hereby expressly disclaim any implied warranties imputed by the laws of
any jurisdiction. This Agreement is governed by the laws of the Republic of
India. We consider ourselves and intend to be subject to the jurisdiction only
of the courts of the Mumbai, Maharashtra in India. If you don't agree with any
of our disclaimers above please do not read the material on any of our pages.
The Website is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Website constitutes your agreement to all such terms, conditions, and
notices.
DISCLOSURE
18. The Website reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in its sole discretion.
RELATIONSHIP
19. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and the Website as a result of this Agreement or
Terms of Use in respect of the Website.
ENTIRE AGREEMENT
20. Unless otherwise specified herein, the Agreement constitutes the entire
agreement between the User and the Website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the User and the Website. A printed version of this Agreement
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
ELIGIBILITY
21. You represent and warrant that you are at least 18 years of age and that you
possess the legal right to use the Website in accordance with the stated terms
and usage policies. You hereby agree to supervise usage by, and be responsible
for the actions of, any minors who use your computer and/or password to access
Website. You warrant that you possess the legal authority to enter into this
Agreement and in accordance with all terms and conditions herein. If you are
buying or selling goods using the Website, you further warrant that you have
legal authority to enter into other binding agreements for the sale or purchase
of goods. You agree to be financially responsible for all of your use of the
services (as well as for use of your account by others, including without
limitation minors living with you). You agree to supervise and be responsible
for all usage by minors of the Website under your name or account.
22. You also warrant that all information supplied by you or members of your
household in using the Website, including without limitation your name, email
address, street address, telephone number, credit card number, PAN, bank details
and if you are selling goods, all information about your listed goods, is true
and accurate. Failure to provide accurate information may subject you to civil
and criminal penalties.
CHARGES & TAXES
23. We reserve the right to charge listing fees for certain listings, as well as
transaction fees based on certain completed transactions using the Website. We
further reserve the right to alter any and all fees from time to time, without
notice. You shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of the Website.
DISCLAIMER
24. The Website cannot screen, censor or otherwise control the listings or any
transactions, including whether a listing is accurately described, whether an
item can be legally purchased or sold in your jurisdiction, or whether a
transaction will be completed as described by the seller or the buyer. Further,
the Website cannot control or warrant the behavior of the users of the Website.
As such, your use of this section is at your own risk, and We disclaim any
liability with regard to use of the Website and any actions resulting from your
or any other party's participation in the Website. You understand and accept
that there may be delays, omissions, interruptions, inaccuracies and/or other
problems with the information, products and services published on this Website.
INDEMNITY
25. You hereby agree to indemnify the Website, its suppliers, service partners,
agents, employees, consultants, officers and directors from all claims, demands
and damages, whether actual or consequential, of every kind, whether known or
unknown, disclosed or undisclosed, arising out of or relating to any and all
listings, transactions, or any other use of the Website. You understand and
agree that the Website is merely a facilitator and platform and is not either
directly or indirectly involved in any transactions between you and other users,
the Website cannot and will not be involved in resolving any disputes relating
to any completed or uncompleted transaction for the purchase or sale of listed
goods.