Term of Use

Terms of Use

Disclaimer

These ‘Terms of Use’ alongwith the Privacy Policy, General terms of use(if any) of Moto Business Service India Pvt. Ltd.(“MBSI”) contains information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you, and by visiting or using this website, you accept and are legally bound by the terms and conditions of the website.

You should not use this website or any contents or links if you:

• do not agree to these terms in entirety, or
• are not a legal person or entity to enter into a contract in accordance with laws prevailing in India, or
• are prohibited from accessing or using the website or its contents or links.

By accessing and browsing the Website or by using and/or downloading any content from the same, you agree and accept the Terms of Use as set forth below.

1. ACCEPTANCE OF TERMS OF USE:

Your use or viewing the Website is subject to your acceptance of all the terms and conditions contained in these Terms of Use, including the Disclaimers and Privacy Policy available on the Website, and all other operating rules, policies, and procedures that may be published on the Website by the MBSI (the “Company”).

We reserve the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Website. We also reserve our right to impose limits on certain features and services or restrict your access to parts or all of the services of Website without any notice or liability.

• DISCLAIMER:

This website is designed, developed and maintained by MBSI and sometimes may also be maintained through third parties. Any information on the website i.e. the documents and graphics on this web site are provided on “as is” basis and could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. MBSI may also make improvements and/or changes herein at any time. Though all efforts have been made to ensure the accuracy and currency of the content including graphics on this website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with the Department(s) and/or other source(s), and to obtain appropriate professional advice.  MBSI hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event shall MBSI be liable for any kind of damage resulting from any cause or reason, arising out of or in connection with the use or performance of information available from this web site. Under no circumstances, MBSI will be liable for any expense, loss or damage, including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the visit or use of this website.

Though all efforts have been made to ensure the accuracy and currency of the content on this website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with the Department(s) and/or other source(s), and to obtain appropriate professional advice.

These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts of India.

The information posted on this website could include links or pointers to information created and maintained by third parties. MBSI is providing these links and pointers solely for your information and convenience. When you select a link to an external website, you are leaving the MBSI website and are subject to the privacy and security policies of the owners/sponsors of the external website.

We do not warrant or represent that this Website or any e-mail sent from us, is or will be free of any viruses or other harmful components, and we do not make any representations or warranties of any kind regarding the consequences of downloading any software, information, or materials from this Website. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of this Website. We recommend that you run a virus check before use of any software provided on this Website and we also recommend that you have an up-to-date backup of your hard disk before using the software. You hereby accept that the Company will not accept responsibility and will not be liable for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software or the Website.

• CONFIDENTIAL INFORMATION:

We or our affiliate company cannot accept or be responsible for the transfer of confidential or classified information via our Web sites. Any information we receive through our Web sites or received at email addresses posted on our Web sites will be treated as non-confidential/non-classified information and we will accept absolutely no responsibility for protecting the confidentiality of such information. However, customer personal data will be protected and managed according to the rules of our Privacy Policy.

Anyone who sends information to the affiliate company or to any third party is responsible entirely for the information they send.

• LINKS TO THIRD PARTY WEBSITES:

Links to third-party websites or information regarding third-party services are provided for convenience only and do not imply any approval or endorsement by the MBSI of the linked sites or information, even if they may contain the Company’s logo, such sites or third-party services are beyond the Company’s control. Thus, MBSI shall not be held responsible for the content of any linked site or any link or any information regarding third-party services contained therein.

If you visit or access from a Website affiliated with us or linked to this Website or any other hyperlink that maybe appearing on this Website, your visit or use of such other website/ link is at your own risk and you will be subject to the terms and conditions of use applicable to such other website/ link (including, without limitation, such website’s privacy policy and disclaimers). Those other websites are not under our control, and you acknowledge that we are not liable, at all, for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other Websites or resources. The inclusion on another website of any link to the MBSI Website does not imply endorsement by us.

We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink or the quality of any third-party’s products/services, and shall not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses or products/services. You further acknowledge and agree that we shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. You acknowledge that framing our Website, or any similar process is prohibited.

• SUGGESTIONS REGARDING INVENTION OR IDEAS:

There are cases where customers submit inquires to MBSI or to our affiliate companies with the intention of making suggestions regarding inventions or ideas they have. Since such suggestions may involve inventions or ideas (regarding technologies, products, specifications, etc.) that we or our affiliate companies are already working on but has not made public yet, there is a possibility of misunderstanding arising with such customers. For this reason, we ask that customers should refrain from making any suggestions concerning inventions or ideas with the purpose of receiving rights or compensation for said suggestions.

We ask for your kind understanding concerning this refusal to accept any suggestions of this nature. Should we receive such suggestions concerning inventions or ideas, they will be treated in accordance with the following rules:

• We will accept no responsibility for maintaining the confidentiality of any suggestions we receive from the customers.
• We do not recognize the responsibility to return or respond to the contents of any unsolicited suggestions we receive from the customers, including any responsibility to pay compensation regarding such suggestions.

• INTELLECTUAL PROPERTY:

This Website is the exclusive property of the Company. All the contents, documents, information and database included on the Website, including without limitation such text, graphics, images, logos, button icons, pictures, music, sound files, animation, audio clips, video clips and their arrangements, demos, digital downloads, data compilations, source code, html codes, reprographics, demos, patches, other files and software), is owned, controlled or licensed by MBSI or its affiliates, and is protected or covered by copyright, database rights, trade mark, trade dress and other intellectual property laws and other proprietary rights. These materials may not be copied for commercial use, storage, alteration, duplication, distribution, reproduction, transmission, communication, nor should these objects be modified or reposted to other web sites, apps or other digital content without prior written consent from MBSI and/or its affiliate company.

The rights to all contents (text, photographs, illustrations, etc.) on our Web sites may belong to us or to our affiliate companies, or else they are contents that are being used under the license. All of these contents are subject to copyrights, image rights, trademark rights, design rights, patent rights and the like that are protected by the law or by the international agreements.

Concerning the transfer of data such as catalog information, images and related data, any use {reproduction, alteration, uploading, posting, transmitting, distribution, licensing, selling (includes selling at auction), publishing, etc.} that clearly exceeds the accepted limits as established by law is strictly prohibited. Any such use becomes the complete responsibility of the user. We shall accept absolutely no responsibility for such use. Also, be aware that we may exercise our rights against anyone deemed to be infringing on its rights with regard to copyrights, image rights and the like.

We strictly prohibit the use of any contents on our Web sites (text, photographs, illustrations, etc.) for commercial or profit-making purposes. Furthermore, the posting of information on our Web sites does not constitute a relinquishment of copyrights, image rights, trademark rights, design rights, patent rights or any other types of rights (including the right to use or exercise these rights).

• MODIFICATIONS TO TERM OF USE:

MBSI reserves the right to change the disclaimers and/or the Terms of Use under which this Website is offered at any time and without notice. You will be automatically bound by these modifications when you use this site, and should periodically read the terms of use, the privacy policy and the disclaimers appearing on the Website.

• EXEMPTION FROM LIABILITIES:

We shall accept absolutely no responsibility for trouble, loss or damages resulting from information posted on our Web sites, the use of our Web sites or the inability to use our Web sites.

Any manufacturer-recommended retail prices, specifications, periods of sale, etc., listed for products may be changed without prior notice. Please note that images of products, etc., on our Web sites may give a different impression from the actual product in terms of color, shape, etc., depending on the display environment it is viewed on. We cannot guarantee that all the information posted on our Web sites is completely accurate or fully up to date.

Please be aware that we retain the right to change any information posted on our Web sites without prior notice or to cease operation of one or more of our Web sites. We shall not accept responsibility for any damages resulting from changes in information posted on our Web sites or the suspension or termination of operation of our Web sites, regardless of the reasons. Also, we accept absolutely no responsibility concerning Web site that are linked to our Web sites or Web sites that our Web sites have links to.

• INDEMNIFICATION:

You agree to indemnify, defend and hold harmless MBSI, its directors, shareholders, affiliates, employees, subsidiaries, authorised representatives, agents and permitted assigns (herein after individually and collectively referred to as “Indemnified Parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the terms of this Agreement; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your visit or use or misuse of the Website; or (iii) any claim that any Content / User Contributions / Third Party Content, information or materials provided by You caused damage to a third party including but not limited to by way of infringement of an intellectual property of the third party; or (iv) Your violation of any rights of another, including any intellectual property rights. (v) any fraud, negligence or misconduct by You (vi) violation of any applicable laws, regulations including but not limited to that of intellectual property rights, payment of statutory dues and taxes etc.

1. SEVERABILITY:

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

1. GOVERNING LAWS AND DISPUTE RESOLUTION:

The Terms shall be construed in accordance with the laws of India. All the dispute or difference either in interpretation or otherwise, of any provision of the Terms of Use, shall be referred to a sole arbitrator who shall be appointed by the MBSI and such arbitrator’s decision shall be final and binding. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be in Bengaluru/Delhi. The arbitration proceedings shall be conducted in the English language.

1. ENTIRE AGREEMENT:

These Terms of Use, Privacy Policy and other reference material of the MBSI are the entire agreement between you and MBSI with respect to the MBSI’s Website and shall supersede all prior communications and proposals (whether oral, written or electronic) between you and MBSI with respect to MBSI Website.