Last updated on 18th Sep, 2015

This document is an electronic record in terms of the Information Technology Act, 2000 (“Act”) and the rules framed thereunder including any amendments to the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This website, “www.carandbike.com” (“Website”), is owned and operated by Fifth Gear Ventures Ltd (“We”, “Us”, “Company” or “Our”, which shall mean and include its affiliates, successors and assigns).

Your (“User”, “Seller”, “Buyer”, “You” or “Your”, which shall mean and include, where the context so requires, its legal heirs and representatives) use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including all policies which are incorporated herein by way of reference. These Terms of Use shall be enforceable against You in a the same manner as any other written agreement.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THE SAME, PLEASE DO NOT USE THIS WEBSITE.

About Us
The Company is, inter alia, engaged in the business of developing and operating the Website which will cater to all aspects of the automotive buying and selling experience of new and used vehicle, while integrating both digital and offline facilities.
Acceptance of Terms and General Use

The Website that the Company provides to a User is subject to the following Terms of Use.
1. By using this Website, You agree to comply with all of the terms and conditions included herein. The right to use the Website is personal to the User and is not transferable to any other person or entity.
2. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Website as a Platform
1. This Website is a platform for communication between the Buyers, different Users and different Sellers. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products. The Company is only providing a platform for communication and it is agreed that transactions, transaction price and all commercial terms such as delivery, dispatch of products are as per bipartite contractual obligations between Buyer and Seller and payment facility available at the Website is merely used by the Buyer and Seller to facilitate the completion of the transaction.
2. All commercial and contractual terms will be between Sellers and Buyers alone and in case of any default in the transaction, damage of goods, fault in the delivery etc., the Company will not be responsible in any manner. The Company will not be responsible for any non-performance or breach of contract between the Sellers and Buyers.
Account

If You wish to use the part of the Website that requires maintenance of a Company account (“Account”) such as, accessing certain content or uploading content on the Website, You will be required to furnish certain information and details, including Your name, e-mail id, and any other information deemed necessary by the Website (“Account Information”). You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times.

You will use the Website and create and use the Account only if You are a natural person or where the User is a juridical entity, then such account is created by a natural person on behalf of such juridical entity. If You are less than 18 years of age, You will use the Website and create and use the Account only if You have parental guidance or You receive consent from Your legal guardian.

If You wish to terminate Your Account, You may send an e-mail to Us at contact@carandbike.com requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account for various reasons including, if:
1. You violate any of the Account terms listed above;
2. You breach any of the provisions of the Terms of Use or other Website policies;
3. There is prolonged inactivity in Your Account; and
4. You repeatedly upload content that infringes other people’s intellectual property rights or transact in goods with no title over such goods.
Licence

Subject to Your compliance with the Terms of Use, We grant You a personal, non-commercial, non-exclusive, non-transferable, revocable, limited licence to enter and use the Materials (as defined below) and the Website.
Prohibited Use

The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the purposes, including but not limited to, the following:
1. Copying, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Material contained on the Website, in whole or in part, without Our prior written consent; or
2. Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in any Material provided on the Website to any third party;
3. Download any Materials or User Content (as defined further) unless You see a ‘download’ or similar link displayed on the Website by reference; or
4. Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the Materials or User Content on the Website (except as may be a result of standard Internet browser or search engine).
User Agreement

User agrees to the following:
1. User will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website including obtaining such corporate, statutory or other approvals, consents and permissions as required to transact on the Website.
2. User will provide authentic and true information in all instances where such information is requested from the User. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation User details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Website, without prior intimation whatsoever.
3. User shall access the Website and transact at User’s sole risk and are using the User’s best and prudent judgment before entering into any transaction through this Website.
User Content
1. We may provide You and other users with the opportunity to participate in forums, reviews, comments, feedback, suggestions and other communication functionalities and may provide You with the opportunity, through such features or otherwise, to submit, post, display content and materials on the Website (“User Content”) .
2. Uploading User Content on the Website amounts to publishing the User Content. By uploading the User Content on the Website, You understand that all users visiting the Website will be able to view the User Content. The Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay User any compensation for any User Content; or (3) to respond to any User Content. The Company does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website.
3. Except as otherwise described on the Website, the Company does not assume any obligation of any kind to You or any third party with respect to Your User Content. You specifically acknowledge that the Company shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.
4. The User Content posted or expressed on the Website are not necessarily that of Company. We do not undertake to monitor or review the User Content the same is not Our responsibility.
5. You grant to the Company unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of Your User Content for any purpose whatsoever in all formats, on or through any media.
6. You agree not to use or encourage, or permit others to use, the Website to:
  1. Make available any User Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, disability, a breach of data privacy laws and that violates the privacy of other Users;
  2. Intimidate and/or harass another;
  3. Incite others to commit violence;
  4. Harm minors in any way;
  5. Make available any User Content in contravention of these Terms of Use or applicable policies, or any User Content that You do not have a right to make available under any law or contractual or fiduciary relationship;
  6. Download, save or otherwise transmit, any of the User Content available on the Website, in any manner, whether by means of current or future technologies;
  7. Make available any User Content that infringes any intellectual property rights or other proprietary rights of any party;
  8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  9. Do anything unlawful, misleading, malicious, or discriminatory;
  10. Manipulate identifiers to disguise the origin of any of User Content posted on, or transmitted through, the Website including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the User Content or other material available on the Website;
  11. Post anyone’s identification documents or sensitive financial information on the Website;
  12. Use any of the Company’s domain names as a pseudonymous return email address;
  13. Do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
  14. Intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website;
  15. Disrupt or interfere with the security of, or otherwise cause harm to, the Website Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  16. Access the Website through means other than through the interface that is provided by the Company;
  17. Violate any applicable laws or regulations for the time being in force in or outside India including but not limited to the sale, import, export, use etc. of illegal substances or gambling or other unlawful activities; or
  18. Violate any of the terms specified under the Terms of Use or any other Website policies.
Any violation by You of this section may result in immediate suspension or termination of Your Account.

You acknowledge that We are only an intermediary with respect to all User Content. However, on receiving written notification of alleged infringement of third party intellectual property rights by any User Content, We may, at Our own discretion, remove the allegedly infringing User Content from the Website with or without prior notice to You. If We do not take down the same, You agree that Your only recourse will be to terminate Your Account with Us. You hereby waive any legal or equitable rights or remedies You have or may have against Us with respect thereto. Please refer to our Report Abuse Policy for the procedure adopted by Us for such take down of allegedly infringing User Content.
Personal Information

The Company respects a User’s privacy. The Privacy Policy of the Company, which can be accessed at Privacy Policy, provides succinctly the manner the User data is collected and used by the Company on the Website. As a visitor to the Website, a User is advised to read the Privacy Policy carefully. By accessing the Website, You agree to the collection and use of Your information by the Company in the manner provided in the Privacy Policy.
Changed Terms

The Company shall have the right at any time to change or modify the Terms of Use applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Products
1. Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange within 10 days.
2. We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. We cannot guarantee that Your computer monitor's display of any color will be accurate.
3. We reserve the right, but are not obligated, to limit the sales of the products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that We offer. All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product at any time.
4. We do not warrant that the quality of any products, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the same will be corrected.
Modifications to the Prices of the Products
Prices for the products listed on the Website are subject to change without notice. We shall not be liable to You or to any third-party for any modification in the contents or packaging or price change of the product.
Restrictions and Accuracy of Account and Billing Information
1. We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2. You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
3. We reserve the right to impose limits on the number of transactions or transaction price which We may receive from on an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual during any time period, and reserves the right to refuse to process transactions exceeding such limit.
4. We reserve the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by Users with Us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
5. The Company may do such checks as it deems fit before approving the Buyers commitment to pay for Cash On Delivery (as defined below) transactions for security or other reasons at the discretion of the Company. As a result of such check if the Company is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the Buyers commitment to pay transaction price.
6. The Company may delay notifying the payment confirmation i.e. informing Seller to dispatch, if the Company deems suspicious or for Buyers conducting high volumes of transactions to ensure safety of the transaction and transaction price. In addition, the Company may hold transaction price and the Company may not inform Seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
7. The Buyer and Seller acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.
Errors, Inaccuracies and Omissions
1. Occasionally there may be information on the Website that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after You have submitted Your order).
2. We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date on any related website, should be taken to indicate that all information in the on any related website has been modified or updated.
For Sellers
1. As a registered seller, You are allowed to list item(s) for sale on the Website. You must be legally able to sell the item(s) You list for sale on Our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe Your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. You must ensure to list and sell the product(s) well before the expiry date of the product(s). We are not responsible if the product(s) are sold beyond the expiry date of the product(s). You will solely be responsible for any consumer complaints filed before a consumer forum or a court of law for, including but not limited to, defective product, damaged product, expired product.
2. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, You agree to refund any amounts that You may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. The Company reserves the right to delete such multiple listings of the same product listed by You in various categories.
For Buyers
1. Payments
  1. While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    1. Lack of authorization for any transaction(s), or
    2. Exceeding the preset limit mutually agreed by You and between "Bank(s)", or
    3. Any payment issues arising out of the transaction, or
    4. Decline of transaction for any other reason/s.
  2. All payments made against the purchases on the Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
  3. Before shipping / delivering Your order to You, Seller may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users .
  4. Use of the payment facility shall not render Us liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products listed on Our Website.
  5. You have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery (“Cash on Delivery”) to and from other Users in respect of transactions through payment facility. Your relationship with Us is on a principal to principal basis and by accepting these Terms of Use You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the payment facility. We do not guarantee the identity of any User nor do We ensure that a Buyer or a Seller will complete a transaction.
  6. You understand, accept and agree that the payment facility provided by the Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
2. Refunds and Return
  1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products from the Seller using the payment facility, and You shall pay the price through Your issuing bank to the Seller using the payment facility.
  2. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products from the Seller using the payment facility, and You shall pay the price through Your issuing bank to the Seller using the payment facility.
  3. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent.
  4. You, as a Buyer, shall be entitled to claim a refund of the price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction. In case You do not raise a refund claim using Website features within the stipulated time then You would be ineligible for a refund.
  5. You, as a Buyer, understand that the payment facility may not be available in full or in part for certain category of products and hence You may not be entitled to a refund in respect of the transactions for those products.
  6. Except for Cash on Delivery transactions, refund, if any, shall be made at the same issuing bank from where the money was received.
  7. For Cash on Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (as per registration details provided by the Buyer).
  8. Refund shall be made in Indian Rupees only and shall be equivalent to the price received in Indian Rupees.
  9. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  10. Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.
  11. Refund shall be subject to Buyer complying with Policies.
License & Website Access

The Company grants the User a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. User 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 without express written consent. User may not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
Monitoring

All electronic communications and content presented and / or passed to Us, including that presented and / or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, the Company has the right to reject, at its sole discretion, from the Website any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.
Intellectual Property
1. The Website and all Materials, excluding the User Content, that are uploaded on the Website by Us, unless otherwise stated, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs (collectively, the “Materials”) are owned, controlled or licensed by the Company, its subsidiaries or affiliates. Any and all rights to use any Materials not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors.
2. The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company in future (collectively “Trademarks”). You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
3. All Trademarks, domain name, trade dress including the look, feel and design of the Website, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company
4. All third party Trademarks advertised or displayed on the Website belong solely to the respective third party and We do not have any rights over such third party trademarks.
5. This Website is operated by and is the sole property of the Company. Any and all Material on this Website are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website. Modification of the Materials on the Website or use of the Materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
6. We respect the intellectual property rights of others, and We expect Our users to do the same. Therefore, as a matter of policy, any User Content uploaded on the Website, should be original material created by You or validly licenced to You. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content You submit; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Website or otherwise pursuant to these Terms of Use. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.
7. You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at contact@carandbike.com or accessing Our Report Abuse section.
Links to Third Party Websites
1. The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
2. Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
Security
1. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for You or logging into an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host, or network.
2. You shall not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together “Viruses”). You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
3. By breaching the provisions of this clause, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
4. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.
5. You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
Termination
1. In addition to termination of Your Account, We reserve the right to suspend Your use of and prohibit access to any or all features / parts of the Website, in the event it is determined by Us that You have violated any of these Terms of Use. Any such suspension or termination of access to Website may be effected by Us without providing You with a prior written notice in this regard.
2. Upon termination of Your Account or prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.
3. You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Website.
Disclaimer and Liability
1. All Materials and User Content on the Website is provided to You on an ‘as is’ basis. You agree that Your use of the Website shall be at Your sole risk.
2. To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Website and Your use thereof. The Company excludes all conditions, terms or representations about the accuracy or completeness of this Website's Materials and User Content or the content of any sites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from Our Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Materials and User Content posted, emailed, transmitted, or otherwise made available via the Website.
3. We hereby expressly disclaim all warranties and representations of any kind with respect to any and all Materials, User Content and features available on the Website, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not the Company knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Company Materials or information derived from use of the Website.
4. The Company does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through the Website, the Company will not be liable to You for any act or omission by such third party in relation thereto.
5. To the fullest extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive or consequential damages, incurred in connection with the Company Materials or User Content on the Website, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance thereupon.
6. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Website. In no event will the Company be liable to You for any lost profits, lost savings or incidental, special or consequential damages arising out of Your use or inability to use the Website or the breach of this Terms of Use, even if advised of the possibility of such damages.
7. Your obligations under this clause shall survive the termination of these Terms of Use.
Notifications

If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at contact@carandbike.com.
Governing Law and Jurisdiction

This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this Terms of Use.
Severability

If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
No Waiver

The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
General

You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. These Terms of Use comprise the full and complete agreement between You and the Company with respect to the use of the Website and supersedes and cancels all prior communications, understandings and agreements between You and the Company, whether written or oral, expressed or implied with respect thereto.

Terms of Service