These Terms of Use ("Terms of Use") are a legal agreement between you, the user ("User/Customer/You/Your" – terms that include individuals who access, use, and/or participate in the Platform in any manner), and Credit Wise Capital Private Limited (referred to as "We," "Us," "Company," or "Our"), the owner of the website located [location].
These Terms of Use, read in conjunction with the Privacy Policy, constitute an electronic record under the Information Technology Act, 2000, and the rules made thereunder, as well as the amended provisions concerning electronic records under various Indian statutes. By accepting these terms, you acknowledge that this agreement is enforceable against you under the law. The Company reserves the right to modify these Terms of Use and any other referenced documents at its sole discretion to comply with the existing legal and regulatory framework and for other legitimate business purposes. The amended Terms of Use will be posted on the Platform, with or without prior notification to you. It is your responsibility to review the Terms of Use for any changes, and we encourage you to check them frequently. Your use of the Platform following any amendment of the Terms of Use signifies your acceptance and assent to the revised terms. If you do not agree to abide by these or any future Terms of Use, please refrain from using or accessing the Platform.
The Company provides various features on its Platform, including but not limited to blogs, notifications, ride tracking options, bike health flow, expense tracking, fuel consumption tracking, loan applications, loan dashboards, and bike exploration. The terms and conditions detailed in these Terms of Use apply to these features.
By opting for the loan facilities offered by partner banks, third-party service providers, and collaborators on the Platform, you consent to having read, understood, and agreed to the terms and conditions provided by such entities. Please note that you may be required to execute additional documents with the Company, partner banks, third-party service providers, or collaborators, as applicable, and you are responsible for complying with the specified terms and conditions. Furthermore, you acknowledge and agree that the Company acts solely as an aggregator and will not be liable for any disputes that may arise between you and the partner banks, third-party service providers, or collaborators.
To visit or use the Platform in any manner, you must be at least 18 years of age. By visiting the Platform or accepting these Terms of Use, you represent and warrant to the Company that you are 18 years of age or older, and you have the right, authority, and capacity to use the Platform and agree to abide by these Terms of Use. If you are an individual below the age of 18 years ("Minor") and wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform. In such a case, these Terms of Use shall be deemed a contract with your legal guardian or parents and, to the extent permitted by law, enforceable against you.
These Terms of Use contain provisions that define your limits, legal rights, and obligations regarding your use of and participation in the Platform. These Terms of Use shall also govern all online transactions, including financial transactions, between the User and the Company. By using the Platform, you agree to comply with all applicable regulations, guidelines, and additional policies that the Company may establish from time to time.
The Company grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to use the Platform under the terms and conditions set forth in these Terms of Use.
You do not need to register with the Company just to visit or view the Platform. However, in order to avail yourself of the Company's services and access certain features of the Platform, you need to create an account ("Account"). To create an account, you must submit your name, email address, age, gender, and any other requested details through the Account registration page on the Platform. You also have the option to provide additional optional information, which is not required for Account registration but can enhance your personalized experience on the Platform. You agree not to misrepresent yourself or pretend to be another user of the Platform.
You need to create a password-protected account, and it is solely your responsibility to safeguard your password ("Password/s") and keep it secure at all times. We recommend changing your passwords periodically to maintain the security of your Account and interactions within the Platform. You are solely responsible for all activities that occur on your Account, and you must immediately notify the Company of any security breach or unauthorized use of your Account. Using another person's Account without the Company's permission is strictly prohibited. You may log in, change, or update your information from time to time by receiving a one-time password ("OTP") on your registered email ID and phone number. Additionally, you are solely responsible for any unauthorized use of your Password and Account resulting from the loss or theft of your mobile phone, through which you have registered your Account and access the Platform.
If you forget your Account Password, you can use the "Forgot Password" tab on the login page to receive an OTP on the email ID/phone number used for registration. It is your sole responsibility to maintain the confidentiality and security of any OTP to prevent any misuse of your Account.
You expressly acknowledge and agree that you (and not the Company) will be liable for any losses or damages (whether direct or indirect) caused by unauthorized use of your Account through any communication channel provided by the Company. Additionally, you may be liable for any losses incurred by the Company or others due to such unauthorized use.
Upon registration and creation of your Account, you will have access to a page displaying your profile ("Profile"), which will contain up-to-date information, including permitted personal details. You have the right to delete or deactivate your Profile and the information specified therein. However, such deletion or deactivation will be limited to the information available on the Platform and will not affect the data stored on the Company's servers or backend systems. If you have deleted or deactivated your Profile, you can request the Company to reactivate it by writing to info@bharatbikes.in, subject to any additional conditions imposed by the Company. Please note that you will not be allowed to delete any transaction details, including but not limited to invoices, bank details, or financial information, which are necessary for compliance with applicable laws or for reconciliation by the Company, banks, or financial institutions. By using the Platform, you expressly consent and agree to waive any right, whether under law or contract, that may require the Company to delete such data.
Your Profile page provides an option to log out of your Account, after which you will no longer have access to it. You may also clear your cached data and successfully exit the Platform.
You acknowledge and agree to comply with the following policies ("Account Policies"):
The Company provides various communication channels, including but not limited to chat boxes, comment sections, alerts/notifications, etc., for Users to communicate with the Company. The User has the right to opt out and choose not to communicate with the Company through such channels. During your use of any communication channel on the Platform, you agree and undertake not to post any content, opinions, or reviews related to the Platform.
In allowing you to use the Platform as intended herein, the Company has the following rights, and you, as the User, have the corresponding obligations. The list provided below is illustrative and should be read in conjunction with, and not in derogation of, the other rights of the Company and your obligations stated elsewhere in these Terms of Use or any referenced documents.
The Company shall assist the User in completing all the necessary formalities and documentation, as required, and connect the users to relevant dealers, partner banks, third-party service providers, and/or collaborators. However, the Company shall not be responsible in any manner whatsoever for the approval or disapproval of loans and the disbursement of loans to the User.
The Content on the Platform, including, but not limited to, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and similar materials ("Company Data"), as well as the trademarks, service marks, and logos contained therein ("Marks"), are owned by the Company. Other trademarks, names, and logos on this Platform are the property of their respective owners. You agree not to use, copy, or distribute any of the Company Data or Marks, except as expressly permitted herein.
The Company has the right to disclose User information, including personal information, if the Company reasonably believes that disclosure: (i) is necessary to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority; (ii) could potentially mitigate the Company's liability in an actual or potential lawsuit; (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity; (iv) to enforce these Terms of Use; and/or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud). Additionally, in order to process Your account transactions, the Company may share Your information with third parties. By using the Company's services, You hereby give consent to the Company and its affiliates to use Your information to improve their services.
The Company further makes no representation or warranty that any files, links, or pointers available through this site will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied. The Company makes no warranty that:
Any material, content, or information downloaded or otherwise obtained from the site is subject to this agreement and is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality related thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are implemented.
The Company highly respects intellectual property rights and expects the same from its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of Users who infringe upon the intellectual property rights of the Company or any third party.
The Company will provide loan facilities to its Users. However, the User acknowledges and agrees that upon the submission of documents and/or information as may be requested, the eligibility criteria for availing the loan shall be set by the Company at its sole discretion. The User further acknowledges and agrees that all terms pertaining to the loan, including but not limited to the loan amount to be sanctioned, rate of interest, repayment terms, and tenure, shall be solely decided by the Company.
Users can explore the bikes on the Platform, check their specifications, and book a test ride. However, the actual images and colors may vary depending on the display device of the User and cannot be guaranteed by the Company.
Wilfully entering erroneous or fictitious purchase requests may result in prosecution by the Company. As a seller, you certify that all information provided by you against your listed bike is true. An individual seller can list only one bike at a time and needs to inform BikeDekho.com about its timely status.
You may list a bike for sale on the Site for which you must be legally able to sell the bike(s) you list for sale on our Site. Listings may only include text descriptions, graphics, and pictures that describe your bike for sale. All listed bikes must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g., contact phone number, address, or email ID) in the bike listing or elsewhere on the Site other than in the Sell Bike Form, is expressly prohibited and would be considered a breach of the User Agreement. All listed bikes must be kept in stock for the successful fulfillment of sales. The listing description of the bike must not be misleading and must accurately describe the actual condition of the product. If the bike description does not match the actual condition of the bike, you agree to refund any amounts that you may have received from the buyer.
You agree that your use of the platform shall be at your own risk. To the fullest extent permitted by law, the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory, or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through the platform, any data, materials, content, or information relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented on this platform.
In no event shall the Company, its affiliates, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys, or agents be liable to you for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of data, marks, content, information, materials, or substance of the platform or content; (iii) any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party; (v) any interruption or cessation of transmission to or from the platform; (vi) any errors or omissions in any data, content, information, materials, or substance of the platform or content.
You agree to indemnify and hold the company and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content you submit, email, transmit, or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services offered by the Company.
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform, or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that you have violated any provision of the Terms of Use.
The Terms of Use shall be governed in all respects by the laws of India, and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Mumbai, India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws.
The Company may display advertisements and promotions on the Platform. The manner, mode, and extent of advertising by the Company on the Platform are subject to change, and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services.
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction.
The Platform may provide information regarding third-party websites, affiliates, or business partners and/or contain links to their websites. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material on those websites, is not responsible for such errors and representations, nor is it associated with them, and you shall access these websites at your own risk.
Neither the Company nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to, fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
It is further clarified that your registration on the Platform shall be deemed to be your consent to be contacted for the purposes mentioned above and for the promotion of goods and services of the Company, (i) on the mobile number shared (ii) by way of SMS or email notifications or messages in any other electronic form.
You agree that the Company may provide you with notices, including those regarding changes to the Terms of Use, by email, SMS, regular mail, or postings/notifications on the Platform.
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between you and the Company.
Any provision of this Agreement that is invalid, prohibited, or unenforceable in any jurisdiction shall:
You agree to indemnify and hold the company and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content you submit, email, transmit, or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services offered by the Company.
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform, or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that you have violated any provision of the Terms of Use.
The Terms of Use shall be governed in all respects by the laws of India, and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Mumbai, India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws.
The Company may display advertisements and promotions on the Platform. The manner, mode, and extent of advertising by the Company on the Platform are subject to change, and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services.
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction.
The Platform may provide information regarding third-party websites, affiliates, or business partners and/or contain links to their websites. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material on those websites, is not responsible for such errors and representations, nor is it associated with them, and you shall access these websites at your own risk.
Neither the Company nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to, fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
It is further clarified that your registration on the Platform shall be deemed to be your consent to be contacted for the purposes mentioned above and for the promotion of goods and services of the Company, (i) on the mobile number shared (ii) by way of SMS or email notifications or messages in any other electronic form.
You agree that the Company may provide you with notices, including those regarding changes to the Terms of Use, by email, SMS, regular mail, or postings/notifications on the Platform.
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between you and the Company.
Any provision of this Agreement that is invalid, prohibited, or unenforceable in any jurisdiction shall: