DISCLAIMER

Disclaimer/ terms of use

User Agreement

These Terms of Use govern your use of the websites, content and Products offered through http://www.motoroids.com (“Site”). You (the user) agree to access “the site”, subject to the terms and conditions of use as set out here.

Motoroids may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of the Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Changes

Motoroids reserves the right to suspend / cancel, or discontinue any or all channels, Products at any time without notice , make modifications and alterations in any or all of the content, Products available on the site without prior notice.

Charges

Motoroids reserves the right to charge subscription and / or membership fees from a user with respect of any product, service or any other aspect of this Site.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material (including trademarks and logos, etc.) appearing on this site are the property of Motoroids Auto Infoservices Pvt Ltd, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Motoroids Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Limited Permission to Copy

Motoroids grants you permission to only access and make personal use of the Site and you agree not to download or modify/alter/change/amend/vary/transform/revise Motoroids site, or any portion of it. You are permitted to print or download extracts from these pages for your personal, non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.
Motoroids orbids you from any attempts to resell or put to commercial use any part of the Site; 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 account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.

Individual Registration

Individual Registration, by the visitor is required to become a Registered User to sell/purchase the products offered under this Site. To register, you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account; and also for any and all activities that arising under your account.

By becoming a Registered User, you consent to the inclusion of your personal data in Motoroids database; and you agree to access the your account at least once every ninety (90) days, upon failure to do so, Motoroids may , in its sole discretion, disable your account in case it’s not used in consecutive 90 days.

You also agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. To access these Products, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:-

* Any other person sharing your account and Password;
* Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Motoroids s users of the Site; or
* Access through a single account and Password being made available to multiple users on a network.

If Motoroids reasonably believes that an account and Password is being used / misused in any manner, Motoroids hall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Notwithstanding the above, Motoroids may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.

Motoroids may refuse service, restrict, suspend or terminate a Registered User’s Account or Email Account at any time, at its sole discretion without any prior notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Motoroids determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Motoroids has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or is incomplete, or (c) Motoroids believes that the Registered User’s actions may cause financial loss or legal liability to such Motoroids or its affiliates, directors, employees, etc.

You agree to notify Motoroids immediately of any unauthorized use of your account or any other breach of security. Motoroids will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Motoroids or another party due to someone else using your account or password.

No unlawful or prohibited use

You agrees that, as a condition of your use of this Site, you will not use the same for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any Motoroids server, or the network(s) connected to any Motoroids server, or interfere with any other party’s use and enjoyment of any Products/Site. You may not attempt to gain unauthorized access to any Products, other accounts, computer systems or to any of the content and/or information, through hacking, password mining or any other means.

Third Party Content / Information/ Products

You understand that the some Content/information/products displayed on this Site is provided or posted by third parties (“Third Party Content”) which may be independent Sites, wherein Motoroids has no control. You agree and understand that by visiting such sites you are beyond Motoroids website/s. Neither Motoroids nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content, information, etc., is the sole responsibility of the party who provided the same. Motoroids is not responsible for the authenticity, availability, suitability, reliability, accuracy, propriety, lawfulness or truthfulness of any Third Party Content, information, etc.,, and shall not be liable to any User in connection with such User’s reliance of such Third Party Content, as the same is provided on “AS IS” without warranty of any kind. In addition, Motoroids is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct. Motoroids may allow Users access to content, Products offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. Such sites are governed by their respective privacy policies, which are beyond Motoroids control. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Motoroids has no control over such third party’s web site, does not monitor such sites, and Motoroids shall not be responsible or liable to anyone for such web site, or any content, Products made available on such a website.

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to Motoroids by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Motoroids found on or through this Site, including payment and delivery of related goods or Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Motoroids will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Motoroids advertisers on the Website. Motoroids reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Buying and Selling Vehicles

When you offer a vehicle for sale through this Site, you must be prepared to sell that vehicle at the price at which, and the terms on which, you’ve listed it. When you accept the offer of the seller, you agree to purchase a vehicle at a price and on such terms, as required by the seller.

As a seller, you must have possession of the actual vehicle listed and the ability to transfer the title in the same. You are solely responsible to ensure that the vehicles made available by you on this Site, are non accidental, are not stolen or obtained by way of theft, fraud, any other illegal means etc. To list a vehicle for sale on Motoroids site the sellers are required to provide certain identifying and true and adequate contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You will charge any potential buyer for information about any vehicle listed for sale on Motoroids site, nor will you use this Site to promote, without our prior written permission, any other Site, products or services.

By using Motoroids site, you represent that you are not listing a vehicle for sale in your capacity as an employee or representative of a dealer. Motoroids reserves the right to deny use of this Site to anyone who does not comply with these requirements or who otherwise uses this Site in a manner Motoroids considers inappropriate, in its sole discretion.

Though Motoroids can’t monitor every transaction that originates on this Site, we may perform random quality assurance tests to confirm that those who offer vehicles for sale over this are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them; and those who choose to buy the said vehicles, as capable of buying and abide by the terms of this agreement. By using our Sell Your Vehicle service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller/buyer is engaging in “bait and switch” or other unfair or deceptive practices, Motoroids reserves the right to deny that seller /buyer the use of this Site.

Although Motoroids cannot monitor all the listings posted to this Site, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons..

You understand that Motoroids is only a facilitator and only provides a platform to buyers and sellers of vehicles for sale/purchase of the same. All information about a particular vehicle is supplied by the seller, not by Motoroids. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to this Site will act honorably and treat each other fairly, we can’t verify the information seller/s supply or guarantee the vehicle/s they offer. Nor can we assure the seller of a vehicle that the check he/she gets from the buyer isn’t going to bounce. When using this Site to find a buyer for your vehicle or a vehicle you can buy, we urge you to use the same common sense and good judgment as you would use in selling a vehicle through, or responding to, a classified ad in the newspaper. Since, Motoroids is not involved / has no participation in the sale/purchase of vehicles arising under the Site; it cannot \be made a party whatsoever for any dispute arising from sale/purchase made by any user herein. In addition, Motoroids is not required to mediate or resolve any dispute or disagreement between User/s of the site.

Use of this Site

By using this Site the user agrees to follow all applicable laws and regulations when using this website. In addition, the user specifically agrees to the following terms and conditions:-

1. The User certifies that he/she is at least 15 (fifteen) years of age.
2. The User will require a valid login id / registration with motoroids.com to sell/purchase vehicles.
3. It may be only after valid registration that the user can sell/purchase the products posted on this Site.
4. The User shall not post any product which violates any legal rights, etc of any third party.
5. The User agrees not to use this Site to gather, for marketing purposes, any email addresses or other personal information that has been posted by other users of the Site. The user shall not restrict or inhibit any other user from using and enjoying the Products and Service made available under this Site.
6. The user shall not Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
7. The user shall not interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
8. The user shall not use the Site to instigate or encourage others to commit illegal activities or cause injury or any other damage to any person.
9. The user shall not gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
10. The User agrees that since Motoroids is only a platform provider, therefore the accuracy, quality, authenticity, etc of the products cannot be guaranteed.
11. The User agrees that Motoroids, its directors, officials, representatives and employees shall in no way be responsible for any damages caused to Users qua the sale/purchase of the vehicle/s.
12. You shall indemnify, defend and hold harmless Motoroids (including its and their officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any non-compliance by user with the terms and conditions hereof; or (b) any third party actions.
13. The User shall not upload post, email, transmit or otherwise make available any viruses, Trojan horses, time bombs, or any other harmful programs or elements.
14. The user shall not harm minors in any way
15. The user shall not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
16. The user shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
17. The user shall not upload, post, email, transmit or otherwise make available any products that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information learned or disclosed as part of employment relationships etc.).
18. The user shall not upload post, email, transmit or otherwise make available any products that infringe any privacy rights, rights of publicity, or other proprietary rights (“Rights”) of any party.
19. The user shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.

Disclaimer of Warranties and Limitations of Liabilities

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, products, including without limitation, the implied warranties of title and non-infringement, etc are disclaimed and excluded. Motoroids merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. Any transactions relating to sale/purchase of goods or Products not directly offered by Motoroids are to be settled inter-se between the parties to such transaction Motoroids does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or Products offered by any other party and not Motoroids. Motoroids will not be liable for any loss that you may incur, while selling or purchasing goods /Products of the third party. Under no circumstances will Motoroids be held responsible or liable, in any way, for any errors or omissions in any information/products, for any loss or damage of any kind incurred as a result of the use of any information, etc posted or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that Motoroids is not responsible for any content sent using and/or included in Motoroids site by any third party.

Motoroids and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Motoroids sites/Products, with the delay or inability to use the Motoroids sites/Products or related Products, the provision of or failure to provide Products, or for any information, software, products, Products and related graphics obtained through the Motoroids sites/Products, or otherwise arising out of the use of the Motoroids sites/Products) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Motoroids as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, Products, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.

Termination of Account

Motoroids reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Motoroids Site; Refuse, move or remove for any reason any products that you submit on or through the Site; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Products) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Motoroids Site will immediately cease. You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

User Information

Motoroids reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity. Furthermore, Motoroids may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Motoroids shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Motoroids for such disclosure.

User agrees that Motoroids shall have no liability to User, including no liability for consequential or any other damages, in the event Motoroids takes any of the actions mentioned in the above clause, and that User agrees to bear the risk that Motoroids may take such actions.

Data Protection

Motoroids may send information and offer Products to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Motoroids reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Motoroids.

Further, Motoroids can (and you authorize Motoroids to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, 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.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Motoroids and you shall have no authority to bind Motoroids in any manner, whatsoever.

Force Majeure

Motoroids shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.

Data Protection

Motoroids may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Motoroids reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Motoroids.

Further, Motoroids can (and you authorize Motoroids to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, 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.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Motoroids and you shall have no authority to bind Motoroids in any manner, whatsoever.

Force Majeure

Motoroids shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Right to remove inappropriate messages

We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.

Limited time to bring your claim

You and Motoroids agree that any cause of action arising out of or related to the Motoroids web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy

By using Motoroids sites and Products, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of TIL sites. We reserve the right, to modify this Privacy Statement at any time.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

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