On registering with www.keralaonroad.com (being referred to as ‘the Site’, hereafter) you are agreeing to have read all provisions of the terms and conditions governing your utilization of the services provided by and the site and to be governed by the same. All these terms and conditions and its provisions (being referred to as ‘User Agreement’) amount up to your legal binding duties towards Premium Comtechs Pvt. Ltd. (referred to, hereinafter, as ‘Keralaonroad.com’ or ‘we’ or ‘us’). As and when you accept this User Agreement during the registrations process, for all the new users who are registering with the site, these become effective. Keralaonroad.com may, as required and deemed fit, amend and revise these terms and conditions, any time by publishing any amendments to the existing terms of the Site.
All the amended terms of the site shall stand to become effective automatically after thirty (30) days from the day the amended terms are published on the Site and any succeeding use of the Site shall be administered by all such amended terms and conditions. As per your notification choices, we will inform you regarding the same. This User Agreement or any of its provisions may not be otherwise amended but in writing and signed by Keralaonroad.com and you.
What’s the Implication?
We advise you to review our terms and conditions regularly, for any updates or amendments, included in the User Agreement. If one or more clause(s) shall be considered, under any circumstance, void, invalid or unenforceable due to any reason, only such clause or clauses shall be considered severable and shall not, in any capacity, affect the enforceability and validity of any of the remaining clauses or provisions stated with respect to this user agreement.
Please Note: Word and phrases that are underlined are URLs to web pages of and websites. By agreeing to the User Agreement, you further accept that your use of the Site of our affiliates, subsidiaries and/or associates shall also be governed by the Privacy Policies and User Agreement published on the respective websites.
1. Membership Ability
The Site is available for full use to only those persons who can enter into lawful contracts, under an appropriate law, with keralaonroad.com. Individual who are considered ‘incompetent to contract’ within the scope of the Indian Contract Act, 1872, such as, including, minors, un-discharged insolvents etc. shall not use the Site in any manner whatsoever. The site must not be used by persons, whose membership or the registration has been cancelled or suspended by keralaonroad.com. In any event that you are registering any business entity or concern, you confirm that you have complete authorization to attach the entity to the User Agreement, as published herein.
2. Your Account and Registration Obligations
When you use our Site, you are solely responsible to sustain the secrecy with reference to details such as your user ID, password, etc and any and every details pertaining to restricting access to your computer system and you also agree to assume the responsibility of each and every activity that take place, in any capacity, under your account or password. You consent to:
a) Submit true, current, accurate and complete details (such details being the ‘Registration Data’) about yourself as required by the registration form given on the Site; and
b) Punctually update and maintain the Registration Data to constitute it current, true, accurate and complete. In the event that you supply keralaonroad.com with any information that is false, obsolete, inaccurate or incomplete, or in any capacity defies the User Agreement, we reserve the sole right to indefinitely terminate or suspend your membership partially or wholly and repudiate your access to the site, as we deem fit.
3. Electronic Communications
While you email us or log on to our Site, you are communicating electronically with us and you agree to receive communications from keralaonroad.com electronically as well. Through posting notices on the Site or by sending emails, we shall communicate with you. You consent that any and all disclosures, notices, agreements and any communications provided by us to you electronically satisfy any lawful requirements that such communications be in writing.
4. Fees and Services
Keralaonroad.com offers fee membership to its users and we do not impose any charge to browse our Site. However, a listing fee is levied on all the sellers and whenever a seller utilizes one or more special listing features for listing their bikes/cars, special listing fees are charged to them. Before using our listing service(s), we urge that you read and review the fee given on our website, which is hereby integrated into this User Agreement, by reference. However, Keralaonroad.com may, in its sole discretion, change its fee charging and credit policies, as we think adequate, from time to time. In addition, we also, as deem fit, remove or modify some or all services or add new services or features to the existing services from time to time. In such cases, keralaonroad.com reserves absolute right to levy fees for the new services or modify/change the fee structure of the existing services, as the case is. All changes to the fee structure and credit policies shall be posted and published on the Site and these changes shall come into effect automatically immediately after their posting on the Site. All fees must be quoted in Indian Rupee, unless stated otherwise. The person responsible for making the payment associated with using our Site and/or services shall be you and you consent to pay all and any applicable charges, taxes and penalties levied thereon. In any event that you may fail to compensate keralaonroad.com for any or all the services provided by keralaonroad.com, we reserve the absolute right to cancel, suspend or terminate your membership with us and/or decline to provide you access to the Site, in any capacity. Further, we also have full authority to take any legal action, against you, necessary in the event of non-payment of fees to keralaonroad.com
5. Use of the Site
You agree, confirm and guarantee that following legally binding clauses shall strictly govern your use and interactions on our Site;
a) ‘Your Information’ is defined as any piece of you furnish to us and/or to any other users of the Site, during registration, listing, buying or selling process, via any email feature or in the feedback area. We are only a passive medium that facilitates online publication and distribution of Your Information.
b) Your Information (or details of any bikes/cars listed by you on our Site)
(i) shall not be incorrect, inaccurate or deceptive;
(ii) shall not include the sale of bikes/cars that are stolen or counterfeit, or be fraudulent;
(iii) shall not violate other people's trade secret, intellectual property or any other proprietary rights or their right(s) of privacy or publicity; as well as
(iv) shall not, indirectly or directly, try to offer, offer , try to trade, trade or in any bike/car, the dealing of which is restricted or banned, in any manner, under, one or more than one, provisions of any applicable rules, regulations, laws, or guidelines in force for the time being.
d) You represent and consent that you alone are the sole and explicit legal title-holder of any and every bikes/cars, any type of products or goods that you may wish to present on our site for trading or have all the absolute rights in regards of the bikes/cars, any type of products or goods transferred to you by the lawful owner of the bikes/cars, any type of products or goods in writing and you alone shall posses all authority in to carry out any deal or present for sale such bikes/cars, any type of products or goods.
e) Upon coming acknowledging that if any transaction or effort to any transaction, in any capacity, concerning to any bikes/cars, any type of products or goods infringes, partially or wholly, one or more provisions of this Agreement or any law in effect at that point of time, you shall resort to any means permissible by law to inform keralaonroad.com of such issues.Keralaonroad.com may be contacted via email at contact@Keralaonroad.com.
f) Alone or in association with other user or users of the Site, you shall not, in any manner, try to manipulate or manipulate the price(s) of any bikes/cars or services listed or being sold or bought via the site.
g) You are the only person responsible to provide the Site with timely information and updates regarding the condition and status of the listed item(s) to be sold by you and in such cases, you agree with us to provide all the necessary details, pertaining to the any bikes/cars or any type of products or goods to be sold by you, that are accurate and in all and every respect. Over-emphasizing or exaggerating, deliberately or not, the features of all or any of the bikes/cars or any type of products or goods being proposed to be sold by you so as to deceive another user in any capacity is strictly prohibited by the Site. In failing to comply with this provision of the User Agreement, we, in our sole discretion take any legal action as deemed fit.
h) Except in the specified field of the form, you agree not to reveal any of your contact information including, but not limited to, your email address, address, and phone number, in the process of selling or buying any place on the Site such as forum for discussion, area for feedback or via any feature of email to bypass the Site.
5.A You, in addition agree, confirm and undertake to the Site that, while submitting Your Information to our Sit, you will not transmit, publish, display, modify, host, update, upload or share any details;
a) That you have no right to and is of another person;
b) That are blasphemous, obscene, harmful, defamatory, libelous, disparaging, pornographic, harassing, pedophilic, insidious of another privacy, hateful, ethnically or racially abhorrent, encouraging or involving money laundering or wagering or anything lawfully prohibited in any manner whatsoever;
c) That are Harmful to a minor;
d) That may violate or infringe any copyright, trademark, patent or any other proprietary rights;
e) That may defy any law in effect of the land;
f) That may deludeor deceive the website and/or existing and new users about the source of such communication or communicates anything that may be found grossly disgusting or disturbing in nature;
g) That mimic any other individual;
h) That conceive any files or programs, software codes, viruses that are designed with an intention to limit, hinder or interrupt the normal functionality of a computer system; and
i) That are threat to the integrity, security, unity, defense or the sole sovereignty of India, its relationship with other nations or affect the public order or create agitation to the commission of any cognizable offense or provokes the lawful investigation of any crime or is insolent to any other nation and its sovereignty.
6. Communication Platform
We make available this platform for the users of our Site can possibly meet and cooperate for their transactions. We, in no capacity, are or can be a party to the transactions between the users of the Site and do not regulate the any of the transactions. Further;
a) keralaonroad.com cannot be held responsible in any case arising due to breach or non-performance of any agreement or contract made between its users. We cannot and do not guarantee that the user(s) shall carry out any transaction concluded on our Website. We, in any manner are required to or do not act as a arbitrator to resolve any disputes arising between the users thereby.
b) Keralaonroad.com, under any circumstances, does not confirm or warrant the features of the bikes/cars, such as their condition, worth and quality, listed or proposed to be sold via the Site. We do not explicitly or implicitly endorse or promote the trade of any bike/car or any other services via the site. Neither on behalf of itself nor any third parties, does keralaonroad.com accepts any liability for any omissions or errors.
c) We, keralaonroad.com, do not confirm or warrant any attributes of the Users of the site such as identity, legal title or their creditworthiness etc. You are advised, in any event that you choose to enter into any transaction with another user or users of the Site, to independently verify and confirm the accuracy and correctness of the various bone-fides of the user(s) and take necessary decision using your best judgment with respect to that.
d) The website is presented as a medium of communication where users can interact with each other to buy or sell bikes/cars or avail any associated services. The site only acts as a medium of communication and it is thoroughly agreed that any and every contract to buy or sell any products or services via the site shall only constitute a strict bipartite contract entered into between the buyer and the seller thereof. Under no circumstances shall any interest, title or right over the items being sold via the Site vest with the Website, nor shall the Site, in any manner, be held responsible or liable with respect to any such contract. The bikes/cars are made available and offered for only a limited time and only for the available supply.
e) You must, in your own capacity, agree upon the terms and conditions on which transaction relating to the payment, delivery, insurance etc are to be carried out with the user(s) being transacted with.
f) You agree to release and protect keralaonroad.com and/or any and all of its representatives, employees or officers from any harm, damage, liability, cost or any other penalties and consequences resulting by the actions of any of the User(s) and particularly give up any claims, in this behalf, that you may have under any applicable law(s).Albeit its reasonable efforts on that behalf, the Site cannot and does not control any of the details furnished by other Users of the Site to be published on the Site as the case is. Chances are not rare of finding another User's information harmful, deceptive, offensive or inaccurate and the Site cannot be held liable for the same under any circumstances whatsoever. Please apply common sense, caution, and safe trading practices while making use of the Site and its services partially or wholly. Please do understand that there are also considerable risks involved while dealing with citizens of other countries, minors or persons acting under fake pretense.
Keralaonroad.com reserves the right to restrict your activity, instantly terminate any or all your listings, caution all others Users or the community of your actions, instantly terminate/suspend your account or membership indefinitely/ temporarily without limiting other solutions, and/or refuse to let you access the Site, in any of, but not limited to, the following instances;
a) Infringement or violation of User Agreement of the documents it encompasses by reference;
b) Failure to authenticate of verify the information provided by you to the Site;
c) In situations where we believe that your activities can cause legal burden on the Site, other User(s) or you; and/or
Keralaonroad.com may, in its sole discretion, reinstate suspended members and their accounts, at any time it deems fit. Any user which has been suspended indefinitely by the site shall never attempt to use in any manner or try to or register with the Site again, until such times that the Site itself reinstates the suspended user and the membership. Despite the aforesaid, if you violate the User Agreement or any of the documents it presents by reference, the right to be compensated and to recover, any past dues or charges due to the Site by you, and to call upon any legal action including, but not limited to, a referral to the Cyber Crime Division or cast criminal proceedings, as deemed necessary and vital by the Site to protect its and the rights of the other Users is solely vested with the Site under all circumstances.
We strongly advice against testing the Site with false buying/selling request in any manner as it will land you at considerable personal legal risk. Use of a fake name and fake personal information to buy any item listed on the Site is a crime. Presenting the site with fictitious or erroneous purchase request, intentionally or otherwise shall result in legal actions initiated by Keralaonroad.com. Please be informed and wary that though you don’t share the Site with your real identity, the web browser you may use transmits enough unique data to us using this a law enforcement team can easily identify you. You, being a seller, agree and confirm that all the details pertaining to all the listed bike/car are accurate. The capacity of individual sellers is limited to list only a single bike/car at any particular time and it is their obligation to let Keralaonroad.com know the timely status of the items listed.
You shall list bike/car on the Site for sale under the governance of the various provisions of the User Agreement herein, as a registered member of the Site. Listings are restricted to contain only images, graphics and text descriptions of the bike/car listed for trading. Appropriate category must be used for the listing of the item(s) for sale. However, you must be capable enough to sell the bike(s) or car(s) lawfully that you list on the Site for trade. Any such case where you make any effort to make business off line or outside of the scope of our Site by indicating any or whole of your correspondence address such as your email ID, address or phone number with reference to the bike/car listing or anywhere on the site other than on the Sell Bike/Car Form is explicitly and austerely forbidden and any such event would amount to the violate of the User Agreement of the Site. In order to be successful to gather sales, all listed bike/car must be available in stock. No part of the description of the listed item(s) should misinform any User in any manner or capacity and it must only portray the real status of the listed item(s). If such a situation arises where description of the listed item(s) misleads the Site or the User(s), you consent to return all the amount you may have earned from selling the item(s).
11. No Warranty
The Site and any and all of its associates provide the services 'as is' and without being liable to any condition or warranty, implied, express or statutory and specifically renounce itself of any merchantability, warranties of title, fitness for any particular purpose and non-violation. By using the Site, you explicitly state that you are using the Site at your own risk in all capacity.
12. Limitation of Liability
Any transactions agreed upon or entered into by persons incompetent under the Indian Contract Act 1872, Keralaonroad.com is not liable. In any event, KeralaonRoad or any of its consultants, employees, affiliates, associates of employees shall never be held for any kind of consequential, indirect or incidental damages in the likes of, but not limiting to, loss of goodwill or trade or business information, disruption of business or loss of projected earnings or benefits or any other intangible losses arising as a result from the usage of the site or whole or any part of the content available on the Site or its services or this User Agreement (however arising, including negligence).
The liability of keralaonroad.com is limited, under any circumstances, to only the amount of fee, if any, made by you to the Site. Neither the Site, its affiliates, associates nor its technology partners make any warranties or representations as to the completeness, reliability, accuracy, current and/or appropriateness of any information, content, graphics , text, software, URLs or correspondence provided by or via the use of the Site nor that the Site shall perform error-free and/or uninterrupted. Further, the Site disclaims all and any liability whatsoever for any financial or any other damages suffered by you with regard to:
a) The failure, disruption, corruption, impediment of any information transmitted through or in connection with the Site's use; and/or
b) Any disturbance or mistakes in the operation of the Site. In such an event, you explicitly agree that keralaonroad.com shall never be held for any kind of consequential, indirect or incidental damages such as, but not limiting to, loss of goodwill or business data, disruption of business or loss of earnings or benefits or any other intangible losses (despite KeralaonRoad or any of its employees have been warned of such possible damages).
You , as a user of the Site, agree to compensate or indemnify KeralaonRoad and its subsidiaries, affiliates, employees, agents and officers from any and every kind of demand or claim, including any reasonable attorneys' fees put forward by a third party, due to the Contents you transmit, communicate, email or submit or present via our Site, the way the Site is used by you, your relation to the Site, your violation of this Agreement herein or any other action of yours which resulted in intrusion of the rights or right of a user(s) of the Site.
14. Relationship and Notice
No provisions of the User Agreement may be considered to create an agency or partnership between you and the Site. The Site cannot, under no circumstances, be bound by you whatsoever, in any manner. Except in any case otherwise explicitly stated, any notice shall be sent by postal mail addressed to Keralaonroad.com, C/O Premium Comtechs Pvt. Ltd., 25/700(6), Soorya Platinum, Nurani, Palakkad, Kerala (in the case of Keralaonroad.com) or to the email address given to us by you during the process of registration (in your case). Until and unless the sending party has been notified the email ID is invalid, the notice shall be considered given 24 hours after the mail is sent. On another hand, the Site may give you notice by mail or postage certified by us and return receipt requested, to the address provided to us by you during the process of registration. In such a case, after 3 days from the date of mailing, the notice shall be considered given.
In any case of disputes between you and the Site while you use our Site or thereafter, relating to the interpretation, implementation, validity suspected breach of any provisions of the User Agreement, the dispute shall be referred to an independent and neutral third party arbitrator, identified by the Site. The arbitration shall take place in Palakkad, Kerala. All the arbitration proceedings shall be governed thoroughly by The Arbitration & Conciliation Act, 1996. English shall be the language of arbitration proceedings.
16. Governing Law
The existing laws of the land of India shall construe and govern the User Agreement.