Or Use Your Mobile / Email
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Or Use Your Mobile / Email
"BIKE JINNI welcomes you through its web portal www.bikejinni.com ("Site").Bike Jinni aims to fulfil the wishes and expectation of its users through our website portal and shall try to serve you in the field of two wheelers , ATVs , automobile , parts and its related services. Bike Jinni hope that you have a great experience using our web portal site and find it useful to meet legitimate requirements.
Bike Jinni does not render any precise advice, certifications, guarantees or warranties on the data , information or content (as defined below) relating to the product and services, that Bike Jinni shows or makes available on this Web PortalSite www.bikejinni.com.
2 USER AGREEMENT
This User Agreement shall be binding on user regarding use of the Site and the services including but not limited to content and products offered through the Site, any showroom , mobile or internet connected device or otherwise.
(A)"User" or "You"
"User" or "You" may be defined as a person who accesses or avails this web portalsite of the Company for the purpose of Displaying or Uploading information, Hosting,doing Transactions, Advertising, Posting, Sharing views, comments, Downloading, Viewing, Registering and includes his/her/its agents/associates, attorney's , heirs, officers, directors or any such person/agency acting on behalf of USER and other persons jointly participating in using the web portalsite of the Company. Tract Auto World will be called as BIKE JINNI in rest of the document.
(B) "Contents" or "Content"
Any type of information in the form of E-mails, Messages, Data, Analysis, Articles, Materials, News, Pictures, Documents/Contracts, Comparisons, Price, Calculations, Notices/Forms, Any Software, Videos or any information/data which USER view / download through this site means the "Contents" or "Content".
(c) "Site" or "Web Portal Site"
"Site" or "Web Portal Site" is defined as the www.bikejinni.com internet site and all pages linked to it
1. USER should ensure that he/she is eighteen (18) years of age or above and under the age of 18 may use Bike JinniServices of the Web Portal Site,only with the guidance & involvement of their parents and / or legal guardians registered account.
2. The USERagrees to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, residential address, contact number, email address, social media account etc.
3. The USER himself or by encouraging others.shall not commit illegal activities or cause injury or any damage to any website or person.
4. The USER shall not post any product which violates the legal rights ,respect, freedom etc of any third party .
5. The USER shall not upload, post, email, transmit or otherwise make available any products that User 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.).
6. The USER shall not do any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages on the site.
7. The USER shall not gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by any means such as hacking, password mining or other illicit means. The User shall not upload post, email, transmit or otherwise make available any viruses, Trojan horses, time bombs, or any other harmful algorithms, programs or elements etc.
8. The USER shall not manipulate identifiers in order to disguise the origin of any content transmitted through the Sites any privacy rights, rights of publicity, or other proprietary rights ("Rights") of any party.
9. The USER shall not harm any section of society whether male ,female, transgender, minor, of any religion ,caste or creed.
10. The USER shall not use any illegal, antisocial or destructive terms while using the website.
11. The USER agree that Bike Jinni, for the best services, may share your personal details with third parties like automobile dealers, potential buyers/sellers, or others as the case may be in the general process of business or providing best services to you.
12. The User agrees that since BIKE JINNI is only a service provider, therefore will not guarantee about the accuracy, quality, authenticity, benefit etc. of the products.For information purposes onlythe contents are provided on this wedsite and do not advice the matters related tolegal, Insurance, Finance, investment, taxation or otherwise and is not providing you with any nature of certification, guarantee or warranty.
13. By accessing, browsing and using this Site, the User agree and acknowledge that the user understand this limited and restricted use and agree with the terms and is in noway allowed to interfere in the working of the site including its servers, rules regulations or polices related to it.
14. The USER shall make it clear that Bike Jinniprovides services for research of automobiles, their prices with technical specifications, reviews and other attributes. It also includes listing of your used vehicles online or browsing through the list of used vehicles listed by the users of Bike Jinni . It does not claims or take any responsibility that the data is accurate or is suitable for particular situation.
15. Bike Jinni also provides the user the ability to send SMS to the user's relevant callers or send an email to the users, friends etc letting them know about the product , services and information.
16. The Web PortalSite may provide certain usable Features/Functions that enable sending/receiving greetings / invites/solicitation messages/ follow ups/reminders/transmitting information to the Users contacts whose details, as required under the specific Features/ Functions, are submitted and specifically permitted by the User to be so used. Once such a Feature/Function is selected and consented by the User, the User agree/allow that the Feature/Function shall enable sending one instant message and a maximum of 3 reminders.
17. This terms and condition document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures of its users.
18. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy or usage of www.bikejinni.com webportalsite.
19. The User agrees that BIKE JINNI, its directors, officials, representatives and employees shall in no way be responsible for any damages caused to Users for the sale/purchase of the vehicle/s , parts, accessories and services on its web portal site www.bikejinni.com.
3.INDIVIDUAL REGISTRATION &LOGIN OPTIONS
The visitor (individual /company /agent /dealer /business partner etc) on the BIKE JINNI web portal site (www.bikejinni.com) has/have to register himself individually to become a registered USER to sell/purchase the products , Parts , Services offered under this Web PortalSite.
For REGISTERATION, User has to open an ACCOUNT (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form).
User(You) also will have to choose a password and a user name. User are entirely responsible for maintaining the confidentiality of your password and account; and also for any and all activities that arising under your account.
Process of LOGIN can be done through email or valid phone number or linking social media site like facebook , google account etc.
The BIKE JINNI Dealer /Partner login (if any) is for the reference of only Registered Automobile/Two wheeler/Parts/manufacturer/Suppliers etc.
After REGISTRATION, it will be considered that USER agrees to include the personal data inBIKE JINNI's Database;
After REGISTRATION , it will be considered that USER agrees to access the your account at least once every ninety (90) days, upon failure to do so, Bike Jinni may , in its sole discretion, disable your account in case it's not used in consecutive 90 days.
BIKE JINNI 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 also not required for such termination if BIKE JINNI belives that USER has provided wrong/untrue/incomplete information or detects breach of provisions of this Agreement by USER or his actions may cause financial loss or legal liability to such BIKE JINNI or its affiliates, directors, employees, etc
4.(A) BIKE JINNI website allows USERto upload and post any material on the Website, however USER must take the responsibility that such material is not offensive/illegal and is with in the legal limits of webPortal. User is not allowed to:
(a) Violate any applicable laws or regulations for the time being in force within or outside India;
(b) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
(d) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
(e) Use any device or software to interfere or attempt to interfere with the proper working of the Web Portal , transaction being conducted on the Website, with any other person's use of the Website
(f) Violate the legal rights of others by abusing/threatening/defaming .
(g) Impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity.
(h) Publish/ post/ upload/distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
(i) Upload files that contain software or other material protected by applicable intellectual property laws unless USER own or control or have all necessary consents;
(j) Corrupted files,virusesor any software that can damage the BIKE JINNI web Portal or its users is to be strictly avoided.
(k) Illegal access to any portion of the WebPortal, any other systems or networks connected to the Web Portal, to any Bike Jinni server.
4.(B)NO UNLAWFUL OR PROHIBITED
The Site of BIKE JINNI shall not be , in any manner that damaged, disabled, overburden by USER.
BIKE JINNI's server, or the network(s) connected to any BIKE JINNI server ,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.
Bike Jinni has 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.
6.(A).MODIFICATION ON WEBSITE
BIKE JINNIhas full and sole legal right to modify or make changes on the WebPortalfrom time to time without any notice or informing anyone. BIKEJINNI is not liable to USERor THIRD PARTY for such modifications / alterations / suspensions / cancellations / discontinuations.
BIKEJINNI is free to make additions or cancellations in rules/clauses/terms and conditions or anything related to its working at any time without giving prior notice.
USER shall agrees that any information provided on the Site shall be used at your own risk.
Bike Jinni has the right to suspend / cancel, or discontinue any or all channels, Products & Services at any time without notice on its Web Portal.
BIKE JINNI make modifications and alterations in any or all of the content, Products &Services available on the site without prior notice to anyone.
(1)"Contents" or "Content" on the BIKE JINNI WEBPORTAL in the form of messages, texts, information, pictures or anything defined in "Contents"in the definition section of this agreement is the intellectual property of website. Without permission of BIKE JINNI Content cannot be used by any one in any manner either copied/posted etc.
(2) USER is supposed to use it for personal purpose and cannot use it for commercial purpose. In such a case it is a violation of the copyright of BIKE JINNI and/or its affiliates or associates or of its third-party information providers.
8.LINK TO THIRD PARTY PORTALS
Some Hyperlinks to other Web Portals are provided on the BIKEJINNI website but it is clearly stated that BIKE JINNI has not any association with those web Portals/operators and hence is not responsible/liable for any loss to USER arising out of using those webPortals by USER.
BIKE JINNI is not responsible for the products or services provided by those webPortals and so is not endorsing the products or services of those webPortals.
Bike Jinni or itsbusiness associates, employees, directors does not provide any warranty in respect content of third party webPortals, their services, products or certifications.
9.RIGHT TO REMOVE INAPPROPRIATE MESSAGES
BIKE JINNI reserveits legal right to remove any message/s which aredeemed to be inappropriate, i.e., racist, sexist or threatening, language or for any other reason whatsoever nature.
Respect to everyone will always be maintained on BIKE JINNI Web Portal.
10. BUYING& SELLING ON THE WEB PORTAL SITE-
BIKE JINNI webportal does not allow USER to use false name or any other false information , only to check the webportal.It will be considered as a fraud and shall be liable to be prosecuted under Criminal Laws.
1. BIKE JINNI will come to know your real name and unique address which can be used for legal action against you.
2. USER as a seller/Buyer certify that all information provided by him / her against listed Vehicle is true and vehicle is free from any legal action, court order or part of any legal proceeding.
3. USER agrees and undertakes to disclose all/any prevailing encumbrances, lien, lease, charge, and hypothecation etc. on his /her vehicle at the time of registration to this site. Site/ Bike Jinni/Annexe will not be, in any way whatsoever, liable for disputes arising out of such transaction.
4. One vehicle at a time can be listed by an Individual seller.Its status should be known to BIKE JINNI.
5. As a SELLER, one must offer the selling price and the terms on which he /she wants to sell .As a BUYER When you accept the offer of the seller, you agree to purchase a vehicle at a price such terms, as required by the Seller.
6. NOTWITHSTANDING anything contained herein it is clarified that BIKE JINNIWeb Portalis only communication channel and the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
7. BIKE JINNIshall not have any obligations or liabilities in respect of such sale contract/transaction between Buyer and Seller.
8. BIKE JINNIshall not be responsible for non-delivery or delayed delivery of vehicles or unsatisfactory condition of purchased vehicles, and any such issue shall be taken up by the buyer with the seller directly and independently
9. SELLER,by registering him/her self or vehicle, agrees and undertakes that he/she/it have lawful possession of the actual vehicle listed and the legally entitled to transfer the title in the same. AND HE /SHE SHALL TAKE THE RESPONSIBILITY that vehicle is non-accidental (if accidental, user to disclose clearly) and not be stolen from somewhere or taken with some illegal means.
10. For listing on BIKE JINNI's Web Portalthe sellers must provide certain identifying and true and adequate contact information.
11. By posting and listing of vehicle for sale on BIKE JINNI's Web Portal, you represent and confirm that you are the sole and exclusive legal owner of such vehicle, cars, goods or products that you wish to offer for sale on the Site
12. Listed vehicle descriptionmust not be misleading and must describe actual condition of the product. Otherwise, you agree to refund any amounts that you may have received from the buyer.Bike Jinni, as described above, shall not be carrying liability in case non-refund by seller.
13. The advertised price and terms of listed vehicle are to be agreed by both BUYER AND SELLER.
14. Quality assurance tests will be provided by our webPortal and SELLER must agree to it for availing TO SELL services through BIKE JINNI Web Portal.
15. If our tests reveal, or we otherwise learn, that a seller/buyer is engaging in "bait and switch" or other unfair or deceptive practices, BIKE JINNI reserves the right to deny that seller /buyer the use of this Web Portal.
16. BIKE JINNIcannot monitor all the listings posted to this Web Portal, 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.
17. All information about a particular vehicle is supplied by the seller, not by BIKE JINNI. Potential buyer has to independently check the authenticity of details regarding the vehicle listed on the Web Portal. Negotiation between the buyer and the seller will be direct and both shall treat each other fairly.
18. FOR BUYER, same thinking / judgment will be advised. The buyer and seller shall be responsible to comply with the applicable laws for the sale or purchase of vehicle, taxes finance insurance etc.
19. Since buyer &seller agrees to the terms and conditions themselves and BIKE JINNI is not involved .BIKE JINNI shall not be required to mediate or resolve any dispute or disagreement between User/s of the site and is not responsible..
20. No responsibility of BIKE JINNI and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the usersof any nature whatsoever of the Site and specifically waive any claims that you may have in this behalf under any applicable law.
12.ADVERTISEMENTS ON WEBSITE
Third parties can post their advertisements, information material or promotional material on the Part of the Site provided by and with prior permission from BIKE JINNI.
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/materialBIKE JINNI shall not be responsible for it in any way.
USER correspondence or business dealings with, or participation in promotions of, advertisers other than BIKE JINNI 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 USER and such advertiser.
BIKE JINNI will not be 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.
13. USER INFORMATION
BIKE JINNI reserves the full 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.
BIKE JINNI may disclose the User's identity and contact information, if requested by a government or law enforcement body for the purpose of verification of identity, for the prevention/ detection/investigation including cyber incidents or crimes, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
BIKE JINNI shall not be liable for damages or results thereof and User agrees not to bring any action or claim against BIKE JINNI for such disclosure for the sake law and justice.
User agrees that BIKE JINNI shall have no liability to User, including no liability for consequential or any other damages, in the event BIKE JINNI takes any of the actions mentioned in the above clause, and that User agrees to bear the risk that BIKE JINNI may take such actions.
BIKE JINNI 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.
BIKE JINNI 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 BIKE JINNI.
BIKE JINNI can (and you authorize BIKE JINNI 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 or to tackle cyber crimes.
15.LIMITED PERMISSION TO COPY
BIKE JINNI webPortal is only to access and make personal use of the Site by registered USER, however he is not allowed to download or make changes or amend or revise any of the portion of the webPortal..
All text, graphics, audio, design and other works on the Web Portalare the copyrighted works of BIKE JINNI
Content on the Web Portalis for personal use only. Any alteration of the material or use of the material contained in the Portalfor any commercial purpose is a violation of the copyright of Bike Jinni and its associates.
16.TERMINATION OF ACCOUNT
BIKE JINNI reserves its right
(a) to restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the BIKE JINNI's Web Portal.
(b)to Refuse, move or remove for any reason any products that you submit on or through the Site;
USER can also terminate HIS/HER account at any time but your information may remain stored in our servers even after the deletion or the termination of your account.
17. WARRANTIES AND REPRESENTATIONS
The information from or through this Web portal site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Web portal site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.
Bike Jinni(Tract Auto World Pvt Ltd) , its associates , employees , or its affiliates shall not be in any way responsible for any loss or damage that may arise to any person or company or dealer or seller from any inadvertent error in the information or content or data contained in this Web portal site.
1) Bike Jinni website provides a platform where individual or groups can execute transactions. The Web portal site does not control/have control over or in any manner the transactions between the users.
2) Bike Jinni exercises extreme care in providing data on its webPortalunder latest technological environment. Some words used like 'verified', "Certified" ," J Trustmark", " Jinni Price Meter" have its own relevance. The word 'verified' indicate that Web portal site data are based on SMS , Email and Call Certification from the information provided by the customer. However, the words"Certified" ,'J Trustmark' indicate that Web portal site data are based on certification made by the Bike Jinni team or its authorised affiliate or business partner . Users are advised to exercise their own independent check, testing , evaluation and verification before entering into any transaction or dealing.
3) Bike Jinniis not responsible for any non-performance or breach of contract of any nature entered into between/among users. Bike Jinnidoes not attempt to prove / guarantee / warranty such as quality, durability, condition, and worth of the Products like Scooters/Motorcycles/Bikes/Super Bikes /ATVs/Automobiles/Special Purpose Vehicles or other Vehicles or Parts or accessories or services proposed to be sold or purchased on the site by the third parties. Bike Jinniaccept no liability for any omissions or errors whether on behalf of itself or third parties.Any failure of performance, error, defect,omission, interruption, deletion, 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 Web PortalSite. Forperformance, value, accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation no representations, warranties or guarantees whatsoever are made.
4) Users are advised to make best use of information provided on the Bike Jinniby verifying independently the bona fides of any particular User or Seller or Dealer or Supplier or Service Provider that you choose to deal with on the Web Portal Site.
18. LIMITATION /EXTENT OF LIABILITIES
BIKE JINNIand its associates, affiliates, employees, dealers, agents , suppliers or consultants shall not in any event be liable for any incidental, indirect or consequential damages such as, but not limited to, business interruption , loss of business information, loss of goodwill/reputation, or loss of anticipated profits or benefits resulting from use of the Web Portalsite or any part or whole of the data , content or arising out of any breach of warranty even if BIKE JINNI or its associates, affiliates, employees, dealers, agents , suppliers or consultants have been advised of the possibility of such damages. Such limitation/extent of liability shall apply whether the damages arise from use or misuse of or reliance or information or data on BIKE JINNI information, from inability to use or access.
BIKE JINNI information, data, content or from the interruption, suspension, or termination of access to the content or web portalsite (including such damages incurred by third parties). This limitation/extent shall also apply, without limitation, to the costs of procurement of substitute/alternate content, loss of data, loss of goodwill/reputation, loss of profits, or loss of opportunity/business.
Such limitation/extent shall further apply with respect to the performance or non-performance of BIKE JINNI or any information, data, content that appears on, or is linked or related in any way to, the web portalsite provided thereunder. Such limitation/extent shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
The User Agreement has no provision that constitute a partnership or agency or association between you and BIKE JINNI and you shall have no authority to bind BIKE JINNI in any manner whatsoever.
Copyright and all intellectual property rights in all material (including trademarks and logos, etc.) appearing on this web portalsite are the property of BIKE JINNI, its , affiliates , employees and associates and are protected under applicable India Notification of copyright infringement - [Take Down Notice]
you are the owner of copyright in any content available on www.Bike Jinni.com ("Website" or "Bike Jinni") and uploaded without your consent, or you believe that your content has been copied in any way that constitutes infringement, please provide the following information to the Company Secretary/ Manager Legal of Bike Jinni.
1. The country in which your copyright applies
2 .The title and description of the content, as available on the WebPortal, and the full URL of the web page where the content is available.
3. Description of the content/ work, the copyright - which belongs to you.
4.A statement specifying that you have found specific content on the Website e.g., video/ audio/ text/ graphic content, which you believe infringes your copyright.
5 An explanation on how the content available on the Website infringes your copyright (e.g. in case of any audio content, the musical works or the sound recordings are a copy of your original works, etc.).
6. Your contact information so that Bike Jinni can get in touch with you (e-mail address is preferred).
7. Your contact information which Bike Jinni can pass on to the submitter of the concerned content, so that he/ she can get in touch with you to resolve your complaint directly (e-mail address is preferred).
BIKE JINNI is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. You agree to supply us with Your Information so we can use it for the purpose of the Site and agree that we are not violating any rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.BIKE JINNI will only use Your Information in accordance with the User Agreement and BIKE JINNI's Policy. You hereby understand and agree that the Site may use your information to identify potential members of the site with whom you may have a beneficial relationship (including Automobile/Motor vehicle dealers or potential buyers). In the event you have any grievance in relation to any Content uploaded on the Site, you may contact our Grievance Officer at firstname.lastname@example.org
We request you to please provide the following information in your complaint:-
(1)A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(2)Identification of the copyrighted work claimed to have been infringed.
(3)Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(4)The address, telephone number or e-mail address of the complaining party.
(5)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
Copyright ©2015 Bike Jinni(Tract Auto World Pvt Ltd) All rights reserved. This disclaimer/terms of service notification is subject to change without notice
21.ARBITRATION AND APPLICABILITY OF INDIAN LAW
In case of any dispute between USER and BIKE JINNI during use of the Web Portal or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by BIKE JINNI. Arbitration shall be at Gurgaon place. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The Agreement shall be governed by the Laws of India. The Courts of law at Gurgaon/Delhi shall have exclusive jurisdiction over any disputes arising under this agreement
22.FOR INTERNATIONAL USE
In case of International use, USER agrees to comply with local rules and all applicable laws regarding technical data transmission from the country in which he/she resides.
<p>Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.</p>
Invalidation of any terms of agreement by 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 valid unless and until any change in governing laws.
BIKE JINNITerms 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.
25.LIMITED TIME TO BRING YOUR CLAIM
USER andBIKE JINNI agrees that any cause of action arising out of or related to the BIKE JINNI's web Portal, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
BIKE JINNI shall have no liability for any interruption or delay to you, to access the Web Portal irrespective of the cause which is not in our control.
USER usingBIKE JINNI's Web Portal, Products &Services , signifies your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, you can discontinue use of BIKE JINNI Web Portal. We reserve the right, to modify this Privacy Statement at any time without prior notice.
28.LIMITED NON-EXCLUSIVE LICENSE
"limited non-exclusive license" for access and use of BIKE JINNI Web Portal will be provided to USER for following purpose:
(a) to access and make personal but non commercial use of this Web Portal for informational purposes and
(b) not to make modificationsin any portion of Web Portal.
This license does not includes the following:
(i) any derivative use of this web portal or its contents by USER.
(ii) any commercial use of this web portal site or its contents.
(iii) Contents/ information on the web portalsite may not be reproduced in any form into any internet web portalsite or any other information retrieval system, either electronic or mechanical.
(iv) USER shall not frame or use Bike Jinni framing techniques to enclose any trademark, logo, or other proprietary information (including pictures,text, page layout) of Bike Jinnior our affiliates without the written consent of Bike Jinni. USER is not allowed to use any meta tags or any other "hidden text" using Bike Jinni's name or trademarks without the written consent of Bike Jinni. Any unauthorized/illegal use will terminate the permission and the license granted by Bike Jinni under this Agreement to USER..
Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.
31. REFERRAL PROGRAM
BIKE JINNI will also introduce referral program from time to time and may be completely withdrawn. If a customer refers his friend or relative under the Bike Jinni Sponsored Referral Scheme and he buys a Two wheeler ,Vehicle, Service ,Parts etc through bikejinni.com within two month of the date when he is referred than you and your friend/relative will be eligible for a gift from bikejinni.com and a confirmation mail regarding the same shall go to the customer if at that. For that customer has to send ID proof and mailing address with in 2 days of confirmation mail.
Bike Jinnishall not be responsible for any defect, warranty, replacement, delay in shipment etc. relating to the Two wheeler ,Vehicle, Service ,Parts etc purchased or the gift. By accepting the gift/ Two wheeler , Vehicle, service, Parts etc, the customer agrees to these terms.
32. GRIEVANCE REDRESSAL MECHANISM
Any concern , abuse or complaint with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer via in writing through email signed with the electronic signature addressed to Grievance Officer , Bike Jinni by sending an email to email@example.com.
33. Customer Registration and Communication
As per Telecom Regulatory Authority of India (TRAI) guidelines, I/We hereby authorize Tract Auto World Pvt. Ltd. (www.bikejinni.com) and its associates/affiliates / business partners / manufacturers /registered dealers/suppliers , or any other related service provider or otherwise who are accessing the data by virtue of their association with Bike Jinni to communicate with me/us through Email, mobile, SMS , social media or other modes of communication even if my/our number/numbers(s) is/are registered in the www.nccptrai.gov.in or National Do Not Call Registry (NDNC) .
Any part or provision of this agreement that is invalid, prohibited or unenforceable in any jurisdiction shall:
be ineffective in that jurisdiction to the extent of the unenforceability , invalidity or prohibition
be ineffective in that jurisdiction to the extent of the unenforceability, invalidity or prohibition
not affect the validity of that part or provision in any other jurisdiction.
35. Compliance with Laws
All dealing entities by Buyer and Seller on Bike Jinni webportalsite shall comply with the all applicable laws including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Customs Act,Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India applicable to them respectively and relevant amendment from time to time.
1.Theprice information, taxes, data, calculations, money related items on Bike Jinni Web Portal (New Vehicle Prices, Used Vehicle Prices-Jinni price Meter, EMI calculator, Spec data,Running cost of your bike etc) are solely and completely based on the information/details provided or collected from different market sources and are tentative only for the convenience, guidance or information for users.
3. Prices, Loan EMI calculator, running cost of your bike, calculations on prices or anything related to money are developed and based on certain algorithms, tools or calculators or formulas made available to Bike Jinni Web Portal. Bike Jinni has used some hypothesis, pre-determined assumptions, internal logics, tools etc and some of that are not verified, accurate or complete. Bike Jinni intention is to support user with good data for information and does not claim that all information made available to it from market, public or private sources, vendors etc is complete and accurate.
2.All the prices /money related items of new/used vehicles are in Indian Currency. There may be some difference in the information or prices, for that User shall reconfirm such data from respective manufacturer, dealer, organisation or agent etc before making purchase or deal.User shall take due care and caution, obtain advise of tax/ legal/ accounting/ financial/ Insurance/technical or other professionals prior to taking of any decision, acting or omitting to act, on the basis of the information / data.The User or any other entity/organisation that are in contract or otherwise shall not raise any claim on Bike Jinni Web Portal or Tract auto world for these services/Information/data even when there is omission , negligence or otherwise by Bike Jinni or its affiliate, employee , director or group companies. Bike Jinni will not be liable to user/ any third party, for any direct, indirect, incidental, special/consequential loss/ damages, business opportunity or loss of goodwill , without limitation for loss of profit, etc whatsoever, whether in contract, terms & conditions, misrepresentation or otherwise arising from the use of these tools/ information / data /trends .
3.No guarantee will be provided by Bike Jinni in relation to the correctness/completeness/accuracy of any details /information on Bikejinni.com. As a result, the user cannot depend completely on the completeness/correctness/accuracy about any information /data/prices/ EMI calculator/Running Cost etc provided on Bike Jinni web portal. User cannot put any claim on the Bike Jinni Web portal, its affiliates, employees, directors, partners or any person or parent organisation related to information /data/prices/money related items on Bikejinni.com or its affiliates.