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These are the terms and conditions governing your use of the website www.BikeWale.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 CarTrade Tech Limited (hereinafter referred to as BikeWale) ("User Agreement "). This Agreement is effective upon acceptance in registration for new registering users, BikeWale 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 BikeWale. The User Agreement was last revised on May 11, 2006. You are advised to regularly check for any amendments or updates to the ter ms 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's Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of BikeWale. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites.
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:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets.
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 CarTrade Tech Limited 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.
Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. The privacy practices of this statement apply to our services available under the domain and sub-domains of www.BikeWale.com BikeWale (the "Site") and apply generally to our parent, affiliates, subsidiaries or joint venture websites whose specific privacy policies are available from our Privacy Central pages. By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site. This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about BikeWale's practices so that you can make informed decisions. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the User Agreement. This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on May 11, 2006 for all users.
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.
When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is to provide a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Site to make your experience safer and easier. Importantly, we only collect personal information about you that we consider necessary for achieving this purpose. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. To fully use our Site, you will need to register using our online registration form, where you may be required to provide us with your contact and identity information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Site. We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, and your IP address. We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session. If you choose to buy or sell on the Site, we collect information about your buying and selling behavior. We also collect other users' comments about you in our feedback area. If you choose to post messages on our forum or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. If you choose to list a bike for sale on the Site we use your address and billing information to bill you and provide associated support. You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve the Site's content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time.
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.
Where a user enters information on any form of an advertiser, the information is simultaneously collected by BikeWale and the advertiser. The information is used by BikeWale in accordance with the terms of this privacy policy and is used by the advertiser as per the advertisers prevalent privacy policies. Because we do not control the privacy practices of these advertisers, you should evaluate their practices before deciding to provide the said information.
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.
There are certain bikes and services for which third parties request for information before the service is listed on the Site (example: application for bike loan). The information provided by the user for such purposes is simultaneously collected by BikeWale and the respective third party. This information is utilised by the third party in accordance with its privacy policy and the terms of the offer. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the Site (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Site related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such as for Site surveys). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.
We share much of our data, including personal information about you, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. BikeWale, its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information.
We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, User ID history, fraud complaints, and bike listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
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.
By using the Site, you consent to the collection and use of the information you disclose on the Site by BikeWale. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our privacy policy will be communicated through our Web site at least 10 days in advance of implementation
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