PLEASE READ THE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES ON THIS PLATFORM. AVAILING SERVICES THROUGH THIS PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES. FURTHER EMAIL US AT TECH@BIKEX.IN

1.INTRODUCTION

The website (www.bikex.in) (“the website”) is owned and operated by Bimal Motors, a sole proprietorship, having its registered office at Site No. 90, Bytarayanapura, New Airport Road, Bengaluru – 560092 (“Company” or “Bikex”).

The Company inter alia acts as a facilitator for the buying and selling of used two-wheelers (bikes, scooters, electric vehicles, etc.). The website is a platform that allows users to obtain all necessary information regarding two wheelers made available for real time purchase at specified locations. It allows the users to curate their search to suit their individual needs and renders all available information pertaining to the same. BikeX aims to create a platform that allows users to register themselves to avail continued information services to provide a short term and long term solution to lack of access to credible information regarding purchase of second hand scooters. BikeX is not the owner of these vehicles, but merely functions as an intermediary to facilitate the sale / purchase of vehicles between end users for a quick and hassle free transaction.

For the purpose of these Terms of Use, wherever the context so requires, “you” or “User” shall mean any natural or legal person who has agreed to use the Platform to avail of BikeX services for purchasing or selling used vehicles, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms “we”, “us”, “our” shall mean the website and / or BikeX as the context may so require;

This document is an electronic record under the provisions of the Information Technology Act, 2000 and relevant Rules framed there under (as applicable or amended from time to time). 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 policy and User agreement for access or usages of the website.

These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the”Agreement”) between you and BikeX in relation to your use of the Platform.

Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and BikeX and governs your use of the Platform’s Service, superseding any prior agreements between you and BikeX.

2. SCOPE OF SERVICES

2.1. The Website provides an internet and location based access to purchasers and sellers of used vehicles. The Website allows Users to quickly search, identify, and obtain information regarding the vehicles presently being offered for sale by their owners, along with the price, condition, etc.

2.2. The Platform collects, gathers and aggregates information regarding used vehicles and conveniently displays the same to its registered users through its website, allowing the users to identify and bookmark the vehicle of their choice.

2.3. BikeX does not sell any motor vehicle itself and only facilitates the sale between the owner and purchaser.

2.4. The website provides informational services allowing users to view prices, technical specifications and other attributes of the vehicles offered for sale by their respective owners. BikeX makes no claims that any data on the website is accurate and the accuracy of all information on this website is based on information provided by owners, who are liable for any misinformation or misrepresentation to Bikex or its users.

2.5. We do not have control over nor are we responsible for the condition of the vehicles being sold or purchased or for any grievance pertaining to performance or any other functional defect in the vehicle. We are also not responsible for the conduct of our users, either purchasers or owners / sellers.

3. PLATFORM FOR INFORMATION

3.1. The Website is a platform that Users utilize to inter alia get required information and share their reviews about automobiles and Sellers. The Website shall in no manner be held responsible for any opinion expressed or review made by any of the Users on this Website.

3.2. BikeX does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the vehicles listed on the website. It does not at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

3.3. The Website is only a platform that can be utilized by Users to receive information regarding used vehicles.

3.4. Vehicle inspections are performed by independent, third-party mechanics and/ or auto repair shops. BikeX does not own, operate, or control any repair shop or mechanic designated as a BikeX’s certified inspection location, station or shop or employ any third-party mechanics and, as such, BikeX does not guarantee the inspection results.

3.5. At no time shall BikeX hold any right, title or interest over the vehicles nor shall BikeX have any obligations or liabilities in respect of same. BikeX cannot take responsibility or control the information provided by our business partners, vehicle owners or sellers, which are made available on the Website.

4. REGISTRATION WITH BIKEX

4.1. Registration with the Platform is currently free, however in order to become a registered user you will have to provide some basic personal information, such as your name, contact number, e-mail address etc.

4.2. You agree and undertake that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you and to provide you our services. In case of any subsequent change in any of the details provided to us at the time of registration, you are solely responsible to update such information or intimate the Platform of such change.

4.3. We reserve the right to terminate your registration immediately without prior notice in the following circumstances :

• • If, in our opinion, you have breached any of the terms of the Agreement.
  • If, in our opinion, you are not utilizing the Platform for your personal use or if you are utilizing the Platform for commercial gain.
  • If you attempt to hack, unauthorized access, manipulate, reverse engineer or in any way attempt to affect the integrity of the Platform
  • In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

5. USE AND ABUSE OF THE PLATFORM

You acknowledge that Users have been granted a limited license to access and make personal use of the Platform for non-commercial purposes.

We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.

By creating an account with us you confirm that:

• • All information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times.
  • You will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
  • You will not use the Platform for any illegal or unlawful purpose;
  • This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
  • You endorse that you shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content on this website. However, you acknowledge that BikeX does not pre-screen the content, but that BikeX and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any information that are made available via the WebsiteYou endorse that you shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content on this website. However, you acknowledge that BikeX does not pre-screen the content, but that BikeX and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any information that are made available via the Website
  • You comprehend that all the information, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such information originated

6. ADVERTISING AND COMMERCIAL USE

6.1 Users of the Platform are not entitled to directly advertise to or solicit the custom of other Users without our express prior written consent.

6.2 You are not entitled to resell or commercially exploit the Platform’s contents other than content you have posted.

6.3 You acknowledge that certain third party advertisements may be placed / made use of in the Platform. You acknowledge that such advertisements are placed by third parties and BikeX is not directly responsible for such advertisements or for any links contained therein.

6.4 You acknowledge that the Platform may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Platform.

7. PRIVACY POLICY

You are requested to go through the privacy policy of BikeX [attach link here] and Privacy Policy shall be binding on you and BikeX. In the event you don’t agree with the Privacy Policy, we request you not to use the Platform.

8. DISCLAIMER OF WARRANTIES

Your use of this Platform is at your own risk. This Platform is provided by BikeX on an “as is” and “as available” basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform. BikeX is not responsible for operational issue faced by the User due to any act or action of the owner / seller of the vehicle.

This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, Content, materials, or products on the Platform, including that:

• • This Platform and its services will meet your requirements.
  • This Platform will be uninterrupted, timely, and secure or error free.
  • The quality of any products, services, information or other material purchased or obtained by you through this Platform will meet your expectations, be reliable or accurate, and
  • Errors in the software will be corrected within reasonable time.
  • Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
  • Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.

9. LIMITATION OF LIABILITY:

9.1. In no event shall BikeX be liable to any User on account of such User’s use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if BikeX is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. BikeX does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.

9.2. The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.

9.3. BikeX cannot authenticate or verify any of the data collected from any device owned or used by any User or may not be able to authenticate and verify data received from its Users (i.e. the owners / sellers) . BikeX shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User or by any business Partner of BikeX, whether or not such information is relied upon by BikeX and / or any user. BikeX shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device or by any Partner of BikeX.

10. INDEMNITY

You agree to indemnify, defend and hold BikeX harmless from all claims, damages and expenses (including attorney’s fees) made by any third party arising out of Content / feedback generated by you, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website

You hereby agree to indemnify, defend and hold harmless BikeX, its promoters, Directors, representatives, licensees, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

• • Any violation by you of these Terms of Use.
  • Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of BikeX;
  • If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BikeX and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
  • Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, BikeX shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to Fraud.

11. MISCELLANEOUS

Third Party Services: While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.You shall be solely responsible for your mode of accessing the Platform and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.

Change in terms of Use: This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Modifications to Platform: Changes may be periodically incorporated into the Platform. BikeX may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that BikeX may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. BikeX reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. .

Notices: All notices, demands and other communications from you to BikeX must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below. All notices sent to you by BikeX will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Severability: Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

False Information: If at any point of time, BikeX finds that the information provided by you in your registration or web mail is false, BikeX reserves the right to terminate your account You hereby agree to: (a) provide true, accurate and complete information about yourself to BikeX/ the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.

Entire Agreement: These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If at any time you would like to contact us with your views about our terms of use, you can do so by emailing us at info@bikex.in