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Notices & User Agreement
General Site Usage & User Agreement
Welcome to bicycleindia.com,
where technology ticks faster than time. bicycleindia.com,
and its affiliates gives all the information you would like to explore
about Indian websites and related global websites.
Here is the legal agreement between you and bicycleindia.com
By using the bicycleindia.com
Web site (the "site") and any of its services, I shall be bound by
and must adhere to the following terms and conditions of this Agreement
as well as all policies and guidelines included in this Agreement
by reference or by posting elsewhere on this site. These policies
and guidelines include, but are not limited to, those relating to:
Privacy Policy
bicycleindia.com may change any
of the terms and conditions of this Agreement at any time with or
without notice. Any changes will be in effect immediately when posted
on the site. My continued use of the bicycleindia.com site
and any of its services constitutes my acceptance of this Agreement
including any changes. If I do not agree to any of the terms of this
Agreement now or in the future, my sole recourse is to discontinue
the use of this site and its services.
Eligibility
To use bicycleindia.com's services,
I must be able to form legally binding contracts under applicable
law. I must be at least 18 years of age to enter into a commercial
transaction enabled by the bicycleindia.com
Web site. I understand that the services are not available to any
person or entity whose use has been temporarily or indefinitely suspended
by bicycleindia.com. If I do not
qualify, I will not use these services. I am aware the site may include
adult or mature content and must be at least 18 years of age to view
such Content.
Permitted Use
I may print a single copy or make a single electronic copy of site
Content onto my hard drive for my personal, non-commercial use, provided
that I do not alter the Content, remove any copyright, trademark or
other proprietary notice of the Content. I may also e-mail a single
copy of site Content to my friends or other consumers, provided they
comply with the restrictions set forth in this Agreement. Any other
copying, re-publication or distribution of Content, via human or robotic
action, is prohibited without prior written permission from bicycleindia.com
and/or the appropriate copyright holder.
My Information, Obligations, Conduct And
Restrictions
Any information I provide to bicycleindia.com
or to other users by e-mail or when using any service or feature of
this site must be true, accurate, current, and complete and must be
promptly updated when changes occur. To register, I must provide my
real name and e-mail address.
All Content I originate, post, e-mail, upload or otherwise transmit
through the site or its services including information, data, files,
text, software, music, sound, photographs, graphics, video, messages
or other materials is solely my responsibility.
I agree not to:
- use
the site for any unlawful purpose;
- transmit
any Content or act in any way that is unlawful under the laws of
any country, or that is harmful, threatening, abusive, harassing,
inflammatory, tortious, defamatory, profane, vulgar, stalking, obscene,
pornographic, libelous, invasive of another’s privacy, hateful,
or racially, ethnically, or otherwise objectionable;
- transmit
any data which does not comply with all applicable laws governing
the transmission of technical data exported from the country in
which I reside;
- represent
myself as any other person or entity or falsely state or represent
my affiliation with another person or entity;
- disclose
my password to any other person or entity;
- disguise
the origin of any Content transmitted through e-mail or any feature
or service of the site;
- harm
minors in any way;
- transmit
any Content that I do not have the right to transmit under any law,
contract, or fiduciary relationship including proprietary or confidential
information;
- transmit
any Content that infringes on any patent, trademark, trade secret,
copyright or other proprietary right or right of publicity or privacy
of another person or entity;
- transmit
any Content containing unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, or other solicitation except
in areas designated specifically for that purpose;
- act
in any way or transmit any Content containing software viruses or
any other computer code, file, routine or program that may damage,
interfere, destroy, or limit the functionality of any service, computer
software, hardware or telecommunications equipment;
- interfere
with or disrupt the site or its services or disobey any requirements,
procedures, policies or regulations of the site, services, servers
or networks connected with this site or its services;
- use
any robot, spider, or other automatic or manual device or process
to monitor or copy bicycleindia.com's
Web pages or content without prior written permission from
bicycleindia.com;
- transmit
any junk mail, mass mail, chain letters, or any form of spam;
- create
any liability for
- bicycleindia.com
or cause bicycleindia.com to
lose any part of the services of our Internet Service Providers
or other suppliers;
- take
any action that may impose an unreasonable load on bicycleindia.com's
technical infrastructure;
- act
in any manner that disrupts the normal flow of dialogue or otherwise
negatively affects another user’s ability to engage in real time
exchanges;
- collect
or store information about another or intercept or expropriate any
system, data or personal information;
- copy,
reproduce, duplicate, alter, modify, create derivative works, or
publicly display any Content from the Web site, whether proprietary
or licensed to bicycleindia.com
by its users or third parties without prior written permission from
bicycleindia.com or the appropriate
third party;
- copy,
reproduce, duplicate, alter, modify, create derivative works, publicly
display, sell, resell, or exploit for any commercial purpose, any
portion of the service, use of the service, or access to the service
without prior written permission from bicycleindia.com
or the appropriate third party;
- intentionally
or unintentionally violate any applicable local, state, national
or international law or any regulations or ordinances having the
force of law, including without limitation those governing export/import
control, consumer protection, unfair competition, anti-discrimination,
or false advertising;
- attempt
to sell or purchase any counterfeit or stolen items;
- cause
bicycleindia.com to violate
any applicable law, statute, ordinance, or regulation.
Breach
And Termination
bicycleindia.com has the right to
refuse service, remove content, terminate passwords and accounts,
and/or cancel orders temporarily or indefinitely, for any reason including,
without limit, if it believes that:
- the
user’s conduct violates applicable law, is fraudulent or misleading,
or is harmful in any way to the interests of bicycleindia.com,
its affiliates or its users,
- the
user is inactive, or
- the
user fails to pay applicable fees
- the
user violates any term of this User Agreement.
bicycleindia.com
may at any time discontinue any part of the site or its services with
or without notice. I agree that bicycleindia.com
is not liable to me or any third party for any termination of my access
or the availability of the site or any of its services. I may discontinue
my participation in and access to the site or its services at any
time. This Agreement will continue to apply to all past use of the
site or its services even if I am no longer using them.
Right To Disclose Fraudulent And Unlawful
Activity
bicycleindia.com has the right to
access, preserve, disclose or report to law enforcement, regulators
or third parties, any activity, content, or information, without limit,
as required by law or if believed to be fraudulent or unlawful. bicycleindia.com
has the right, but not the obligation, to monitor and investigate
any activity and Content associated with the site.
Links And Advertisers
Any dealings I have with affiliates, suppliers, advertisers or third
parties found on or through the site is solely between me and those
affiliates, suppliers, advertisers or third parties. I agree that
bicycleindia.com has no responsibility
for the payment, availability, or delivery of related goods or services,
or any terms, conditions, warranties, representations, external sites,
resources, loss or damage of any sort related to my dealings with
affiliates, suppliers, advertisers or third parties found on or through
bicycleindia.com’s services. I
may be subject to additional terms and conditions that apply when
using affiliate, supplier, advertiser or third party services or content.
My Privacy And My Password
If passwords are provided I agree that I am responsible for maintaining
the confidentiality of my password. I shall not disclose my password
to any other person or entity or allow any other person or entity
to use my username and password. I am solely and fully responsible
for any activity that occurs under my username and password on the
site. If the security of my password is compromised in any way, I
must change my password. bicycleindia.com
is not responsible for any loss or damage arising from my failure
to comply.
I will respect the privacy of others and agree to adhere to bicycleindia.com’s
Privacy Policy. I agree not to use any information regarding any other
person or entity which is disclosed or accessible through the site
or its services, except to enter into and complete transactions using
the bicycleindia.com services.
I agree not to use any information about another to solicit, advertise,
e-mail or spam, harass, or invade another’s privacy or otherwise conduct
myself in an objectionable manner.
Violations
I will report any offensive or illegal Content or member conduct and
other violations of the User Agreement by e-mailing bicycleindia.com
at info@bicycleindia.com
Use At Own Risk
The bicycleindia.com site and
services, including those provided by its affiliates, suppliers, advertisers
or third parties are provided "as is" and "as available" and my use
of the site is at my sole discretion and risk.
- bicycleindia.com
uses its best efforts to maintain the site and its services but
is not responsible for the results of any defects or outages or
any resulting lost profits or other consequential damages.
- bicycleindia.com
and I are independent contractors and no agency, partnership, joint
venture, or other relationship is intended or created by this Agreement
or my use of the site and its services. The bicycleindia.com
site acts only as a venue for affiliates, suppliers, advertisers
and other participants and bicycleindia.com
is generally not involved in the actual transaction between participants.
- bicycleindia.com
has no control over the quality, safety, or legality of any products
or services listed or advertised on its site, the ability of advertisers
to sell items or the ability of consumers to purchase items. bicycleindia.com
cannot ensure that any affiliate, advertiser, supplier or other
third party will actually complete a transaction.
- I
will not rely on any Content created by bicycleindia.com
or submitted to bicycleindia.com
or assume that the site, its contents, products or services are
error-free, secure, timely, reliable, or suitable for any particular
purpose and agree to evaluate and bear all risks associated with
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of any Content.
- All
information, files, software, data, text, music, sound, photographs,
graphics, images, message or other materials (Content), whether
posted publicly or transmitted privately, is not under the control
of bicycleindia.com and is,
therefore, the sole responsibility of the individual or entity which
originates the Content.
- If
I download or otherwise obtain any material through the use of the
site or its services, I will do so at my discretion and risk and
I am solely responsible for any damage to my computer system or
loss of data that results from obtaining any such material.
- bicycleindia.com
may modify, limit, discontinue, terminate, or restrict any portion
of the site, its agreements, policies, and rules, or its services
at any time.
- I
understand that bicycleindia.com
may, but is not obligated to, provide assistance, including any
technical or customer support, in the use of any part of the site
and that my use of the site and its services is at my own risk.
- I
understand that any advice or other information, written or stated,
which I obtain from bicycleindia.com through the site or
any of its services does not create any warranty unless expressly
stated in this Agreement.
- bicycleindia.com
does not control the information transmitted via the site or its
services by other users. I may find Content transmitted by other
users to or through the site to be offensive, harmful, inaccurate,
or deceptive.
- I
understand that bicycleindia.com
may, but is not obligated to, refuse, review, remove, or alter
any Content posted on its site and is not responsible for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personal settings.
No
Warranty
bicycleindia.com MAKES NO OTHER REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, EXCEPT AS
REQUIRED BY LAW, INCLUDING, WITHOUT LIMIT:
- WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
- THAT
THE SITE OR ITS SERVICES WILL MEET ANY USER’S REQUIREMENTS OR BE
AVAILABLE, ACCESSIBLE, TIMELY, SECURE, UNINTERRUPTED OR WITHOUT
ERROR;
- THAT
THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED
IN THE SITE WILL BE AVAILABLE FOR PURCHASE OR TRADE, WILL BE AS
REPRESENTED BY ADVERTISERS, WILL BE LAWFUL TO SELL OR PURCHASE OR
THAT SITE USERS OR OTHER PARTICIPANTS WILL PERFORM AS PROMISED;
- ANY
WARRANTY, EXPRESS OR IMPLIED, ARISING FROM THE COURSE OF DEALING
OR USAGE OF TRADE;
- ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR
NOT ARISING FROM THE NEGLIGENCE OF bicycleindia.com.
TO
THE FULL EXTENT PERMITTED BY APPLICABLE LAW, bicycleindia.com
DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Disputes
bicycleindia.com is, generally, not
involved in actual transactions between users, advertisers, sponsors
or other participants. bicycleindia.com
does not act as the agent for users, advertisers, sponsors or other
participants and will not be involved in resolving any disputes relating
to or arising out of any such transaction. bicycleindia.com
will not be liable for any damages of any kind whether actual or consequential
including, without limit, any direct, indirect, incidental, punitive
or consequential damages arising from any participation in the site
or its services. I agree to release bicycleindia.com,
its agents and employees from claims, demands and damages of every
kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, in any way connected with such disputes.
Limit Of Liability
IN NO EVENT SHALL bicycleindia.com,
ITS AFFILIATES, ADVERTISERS, SPONSORS, OR SUPPLIERS BE LIABLE FOR
LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS SITE, OUR SERVICES, THE INABILITY TO USE THE
SITE OR ITS SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES
PURCHASED FROM OR THROUGH THIS SITE, MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SITE OR ITS SERVICES, OR THIS AGREEMENT,
HOWEVER ARISING, INCLUDING NEGLIGENCE.
bicycleindia.com Participation
bicycleindia.com, its employees,
representatives, agents and affiliates may purchase services or participate
in transactions conducted through this site. However, bicycleindia.com,
its employees, representatives, agents and affiliates are subject
to all terms and conditions of this Agreement as any other user or
participant of this site.
Right To Use Information
I grant bicycleindia.com the royalty-free,
worldwide, perpetual, non-exclusive and fully sub licensable right
and license to exercise the copyright and publicity rights to any
information or Content I transmit to the site including the right
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display my name and username,
and to incorporate it in other works in any form, media or technology
for the purposes of publicity and promotion, without compensation.
Additional Notices Regarding Products Purchased from bicycleindia.com.
All product purchased from bicycleindia.com
(e.g. Web Site Packages, Advertisement Packages, Domains Registrations,
Server Space, etc.) are provide under the following additional terms
and conditions:
IN NO EVENT SHALL bicycleindia.com,
ITS AGENTS, CONTRACTORS OR REPRESENTATIVES, BE LIABLE FOR THE LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ASSETS, OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH bicycleindia.com's
SERVICES, THE INABILITY TO USE ITS SERVICES, TRANSACTIONS ENTERED
INTO THROUGH THE SITE OR ITS SERVICES, OR THIS AGREEMENT, HOWEVER
ARISING, INCLUDING THROUGH PURPORTED NEGLIGENCE. bicycleindia.com's
LIABILITY AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS TO ANY
USER OR THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT
OF FEES THE CUSTOMER HAS PAID TO bicycleindia.com
FOR THE SERVICE GIVING RISE TO THE CLAIM OF LIABILITY. THE DATA THAT
bicycleindia.com COLLECTS FROM
ITS CLIENTS REMAIN CONFIDENTIAL TO, AND THE PROPERTY OF, THE CLIENT
AT ALL TIMES. INTERMEDIARY DATA COMPILED TO ACHIEVE FINAL REPORTS
REMAIN THE PROPERTY OF bicycleindia.com.
METHODOLOGIES, TECHNIQUES, PROCESSES AND DESIGNS INVOLVED IN THE DEVELOPMENT
AND DELIVERY OF bicycleindia.com's
SERVICES REMAIN PROPRIETARY TO bicycleindia.com
AND MA Y NOT BE USED OR DISCLOSED WITHOUT THE PRIOR WRITTEN CONSENT
OF AN OFFICER OF bicycleindia.com.
Copyright Complaints
bicycleindia.com respects the
intellectual property rights of others. By using this site, I agree
to do the same. bicycleindia.com
has the right to terminate the accounts of users who infringe the
intellectual property rights of others. If I believe my work has been
copied and is accessible on the bicycleindia.com
site or through its services in a way that constitutes copyright infringement,
I may notify bicycleindia.com
by providing the following information:
- an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a
description of the copyrighted work I claim has been infringed along
with a description of where the original material exists or a copy
of the copyrighted work;
- a
description of where on the bicycleindia.com site the material
I claim is infringing is located;
- my
name, address, telephone number and e-mail address;
- a
statement that I have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a
statement made under penalty of perjury, that the above information
in my notice is accurate and that I am the copyright owner or am
authorized to act on behalf of the copyright owner.
bicycleindia.com’s
agent for notice of copyright infringement claims on this Web site
can be reached as follows:
Please direct any comments, questions, or problems to info@bicycleindia.com
Copyright, Ownership And Proprietary Rights
All Content included on this site such as text, images, files, documents,
photographs, graphics, logos, button icons, audio clips, video clips,
HTML code, other code, and software is the property of bicycleindia.com,
its affiliates or content suppliers and is protected by Indian and
international copyright laws. The Content may contain proprietary
and confidential information which is protected by Indian and international
copyright laws. Any Content contained in sponsor advertisements is
protected by copyright, trademark, service mark, patent or other proprietary
rights and laws. The collection, arrangement, assembly and compilation
of all Content on this site is the property of bicycleindia.com
and is protected by Indian and international copyright laws. I may
use the Content and software included on the site in accordance with
the terms, conditions, and instructions provided on the site. Any
other use including the modification, reproduction, distribution,
transmission, replication, republication, display, or performance
of the Content on this site is strictly prohibited without prior written
permission by bicycleindia.com
or the appropriate third party.
Patents And Trademarks
The bicycleindia.com logo and
other graphics and service names are trademarks of bicycleindia.com
and may not be used in connection with any product or service that
is not bicycleindia.com’s in any
way that is likely to cause confusion among customers or in any manner
that discredits bicycleindia.com.
Indemnity
As a condition of my use, I agree to indemnify, defend and hold harmless
bicycleindia.com, its subsidiaries, partners, affiliates, officers,
directors, agents, and employees from all claims, including any attorneys’
fees, made by me or any third party due to or arising out of:
- my
use of this site or its services,
- any
Content of any messages I send or receive using this site,
- any
product or service I purchase or sell using this site,
- any
downloading, use, reproduction of or receipt or distribution of
Content through the site,
- my
connection to the site or its services,
- my
breach of this Agreement or the documents it incorporates by reference,
or
- my
violation of any law or the rights of a third party.
Applicable
Law
The bicycleindia.com site and
its services are created and managed by bicycleindia.com.
in the State of Punjab, INDIA. The laws of the Indian this Agreement
and these disclaimers, terms, and conditions without giving effect to
any of conflict of law principles.
Arbitration
Any claim or controversy arising out of or relating to this Agreement
or our services shall be submitted to binding arbitration in accordance
with the commercial arbitration rules of the Indian Arbitration Act
. Any claim or controversy shall be arbitrated on an individual basis
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Ludhiana Punjab,
INDIA and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. I or bicycleindia.com
may seek any interim or preliminary relief from a court of competent
jurisdiction in Ludhiana, Punjab, INDIA necessary to protect rights
or property pending the completion of arbitration.
Miscellaneous
bicycleindia.com reserves the right
to make changes to its site and these disclaimers, terms and conditions
at any time.
The failure of bicycleindia.com
to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of any right or provision. If any provision
of this Agreement is found unlawful, void, or unenforceable, that provision
shall be deemed sever able from these terms and conditions and shall
not affect the validity and enforceability of any remaining provisions.
As a prerequisite to bringing any claim or cause of action arising out
of or related to use of this site or its services, I shall give notice
to bicycleindia.com by certified
mail to: info@bicycleindia.com
I agree that any claim or cause of action arising out of or related
to use of the site or its services or the Agreement must be filed within
a month after such claim or cause of action arose or be forever barred
regardless of any statute or law to the contrary.
The section titles in this Agreement have no legal or contractual effect
and are for convenience only.
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