CONTRACTUAL RELATIONSHIP
Classic Enterprises, incorporated under the Companies Act, 2013, having its registered office at T-2528 Gurunanak Market Naiwala Karol Bag Delhi operating under the name “MOTOCLASSIC”, provides a marketplace for auto parts and accessorie , or any products or services in connection with the Application or Website (“Services”) shall be governed by these terms and conditions (“Terms”). The Website and Applications are together called the “Platform”.
These terms constitute a legally binding and enforceable agreement between Motoclassic (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the Platform to browse and/or avail the Services displayed by us on the Platform. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access or stop your use or access of our Services. These Terms expressly supersede prior written agreements with you. The Company requests the User to carefully go through these terms & conditions (“Terms and Conditions” or “Terms”) prior to accessing the Platform or availing Services (as defined below) using the Platform.
The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with the legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms at the domain of https://motoclassic.in/terms-and-conditions/. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the Platform, Content (as defined below) and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest version of the Terms and Conditions.
No information provided on the Platform shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record in terms of the Indian Contract Act, 1872; the Information Technology Act, 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. These Terms are generated by a computer system and do not require any digital or electronic signature.
DEFINITIONS
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your Content” or “User Content” means Content that you upload, share or transmit, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Motoclassic Content” means Content that the Company creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content.
ELIGIBILITY
You hereby represent and warrant that you are eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with the Terms stated therein.
You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third-parties.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to act on behalf of your organization.
SUPPORT
The Company offers an email as well as phone call based support system along with an online knowledge pool of FAQs. In case you require any assistance or support, you may access support resources or contact our support by emailing at classicenterprises78@gmail.com or calling our helpline at +91- 8105003848 (Monday to Sunday between 7 am and 9 pm).
The Company shall revert to every complaint at the earliest upon receipt of the complaint during the business days. Further, the Company shall take the best possible efforts to redress the complaint within 7 days of receipt of the complaint. Any suggestions by the Company regarding the use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by the Company regarding the use of the Service shall not be construed as a warranty.
The Company shall take reasonable care and measures required for the safety of your car in our possession. In the event, the User’s car is stolen while in the possession of the Company, the Company will take all reasonable measures and extend necessary support to the User for recovering their car, such as, promptly informing the User of the occurrence of the theft, immediately report the theft to the nearest police station, co-operate and aid the local authorities to recover the vehicle, etc.
PROHIBITED USAGE OF THE PLATFORM
Users shall be prohibited from carrying out any illegal activity in the Platform including but not limited to acts mentioned are violating or attempting to violate the integrity or security of the Platform; transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services; intentionally submitting on the Platform any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform; circumventing or disabling any digital rights management, usage rules, or other security features of the Platform. Any unlawful activities on the Platform are prohibited by the laws of India.
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause 7. We shall also be entitled to preserve such information and associated records for at least 90 days for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer by us. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Platform or otherwise disclosed, submitted or offered in connection with your use of the Platform (collectively, the “Comments”) shall be and remain Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any User Comments.
You agree that no Comments submitted by you to the Platform will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Platform will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service on the Platform. We may terminate or restrict your use of our Platform and Services if you violate these Terms or engage in any illegal or fraudulent use of our Platform or Services.
You agree that neither you nor anyone acting on your behalf, will directly or indirectly, publish, post, or otherwise issue any defamatory comments or remarks, in writing, orally or electronic format, against the Company, and its respective employees, clients, operations or services. Any violation of these Terms or intimidation for such will make you liable to compensate the Company for losses caused due to such acts of yours. In order to recover the damages and losses and prosecute you for illegal defamation, the Company shall be entitled to initiate civil and/or criminal proceedings against you as per the appropriate law, by the Company.
LIMITATION OF LIABILITY
The Company does not warrant that the results that are obtained from the use of the product will be accurate or reliable. You agree that except as expressly stated by the Company, the Services and all the products provided/delivered to you through the Service are provided ‘as is’ and ‘as available for your use, and are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties. While we endeavour to ensure your access and use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.
In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.
The Company shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services; or any transaction or relationship between you and any third-party provider or any delay or failure in performance resulting from causes beyond Company’s reasonable control.
DISPUTE RESOLUTION
In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Bengaluru shall have sole jurisdiction over the matter and/or for the enforcement as the case may be.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you products shall be governed by and construed in accordance with the laws of India and jurisdiction of Bengaluru, India.
CONTACTING YOU
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback in relation to Platform or our Services; obtaining feedback in relation to any other Users listed on the Platform; or resolving any complaints, information, or queries by other Users regarding your critical Content.
You agree to provide your fullest co-operation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.