These Terms of Use apply to all online visitors to the websites & mobile application operated by or on behalf of www.motox.org.in (the “Primary Website”).
Our Websites have different purposes and functionalities. We describe these differences on this page so please read it carefully. If you have any questions regarding the Terms of Use, please contact us through the information provided towards the end of this document.
We also have a Privacy Policy that applies to our Websites and may have other terms, legal notices, and conditions applicable to various activities on our Websites, including our terms and conditions that may apply to the enquiry of goods or services and to related activities and to specific portions or features of a Website (e.g., loyalty programs, contests, or promotions), all of the foregoing of which are incorporated herein by reference and shall together with the Terms of Use be a contractual agreement (“Terms”) between us and you.
By using, browsing, or otherwise accessing our websites or application, you accept and agree that you shall be contracting with us and these terms of use, including the policies, constitute your binding obligations with us. If you do not agree to the terms, do not use any of our websites.
Except as otherwise provided, the Terms are subject to change at any time with 7 days prior notice (for changes that are disadvantageous to the user, a 30 days’ notice) and your continued use of our Websites after any changes have been implemented constitutes acceptance by you of such changes.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable limited privilege to enter, access, and use our Website & application.
Unless otherwise agreed in writing, materials on our Website & application, including information, designs, icons, computer code, software and other materials, and the copyrights, trademarks, trade names, service marks, logos, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by us, our associated entities or our licensors.
The Website & application content are intended solely for personal, non-commercial use. Any such use shall be deemed to be a violation of our intellectual property and proprietary rights. Any use for which you receive any remuneration, whether in money or otherwise, shall be considered commercial use for the purposes of this clause.
Certain trademarks, trade names, service marks and logos used or displayed on our Websites/application are registered and unregistered trademarks, trade names and service marks of us and our associated entities. Other trademarks, trade names and service marks used or displayed on our Websites/Application are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website. Any use of such materials without our express written permission is strictly prohibited.
You accept, agree and confirm that you shall use our Websites only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.
You agree that you shall not use any “deep-link”, “robot”, “page-scrape”, “spider”, or other automatic or manual device or process, software, program, code, algorithm or methodology, to access, acquire, copy or monitor any portion of any of our Websites or Content, or in any way reproduce or circumvent the navigational structure or presentation of any of our Websites, Applications or Content, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us through the Websites. We reserve the right to take measures to prevent any such activity. You agree that you shall not resell use of, or access to, the Websites to any third party.
You agree that you shall not gain or attempt to gain unauthorized access to any portion or feature of any of our Websites, or any other systems or networks connected to the Website/Application or to any of the services offered on or through our Websites, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree that you shall not probe, scan or test the vulnerability of any of our Websites or any network connected to the Websites, nor breach the security or authentication measures on any of our Websites or any network connected to any of the Websites. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to any of our Websites, or any other customer of ours, including any shopping account or members’ program account that is not held or owned by you, in any way where the purpose is to discover materials or information, including but not limited to personal information, personally identifiable information (“PII”) or other information that reasonably could be used to connect non-PII to PII.
You agree that you shall not take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Websites or our systems or networks, or any systems or networks connected to the Websites or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.
You agree that you shall not use or exploit the data that is available on our Websites/Applications for commercial purposes, including any scraping activities to obtain information (such as price information).
You agree that you shall not use any device, technology, software, routine or method to interfere or attempt to interfere with the proper functioning or features of any of our Websites or any transaction occurring on any of the Websites, or with any other person’s use of any of the Websites.
You agree that you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our Websites/Application or any service offered on or through the Websites/Application. You must not impersonate or pretend that you are any other person or falsely claim you represent another person or entity.
You agree that you shall not use our Websites or application or any Content for any purpose that is unlawful or prohibited by these Terms.
You agree that you shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all other applicable laws, rules and regulations.
By using our Websites or sending emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and that you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.
You must not do any of the following when using our Websites:
Subject to Section 2(a) above, you may use our user-generated content Websites (including all subsidiary websites) for the purposes of viewing or participating in online forums, uploading and downloading user-generated content, and sharing such content with other users, and to use any other features and services purposely provided by us on that Website.
From time to time, we may offer special promotions or competitions. Where we do offer such promotions or competitions, we will make a copy of the applicable terms available on the relevant Website.
You must comply with the rules governing User-Generated Content (“User-Generated Content Rules”) set forth in this section 4. If you become aware of any violation of the User-Generated Content Rules or other unacceptable behavior by any user, you should report such activity to us by contacting us.
If you post information on any of our Websites, you are solely responsible for each User-Generated Content that you post on any Websites or transmit to other users and agree that you will not hold us responsible or liable for any User-Generated Content from another user that you access on any Websites.
Categories of prohibited User-Generated Content are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User-Generated Content. Without limitation, you must not post or transmit to other users anything that you know or reasonably believe:
When using our Website/Application, you may be exposed to User-Generated Content from a variety of sources. We are not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website/Application and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website/Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using our Website/Application you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Websites.
We are committed to complying with copyright and related laws, and we require all users of our Websites to comply with these laws. Accordingly, you must not post or store any material or content on, or disseminate any material or content over, any Websites in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You must not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the intellectual property rights of others upon receipt of proper notification to us by the intellectual property rights owner or their legal agent.
Certain features or services offered on or through our Websites may require you to open an account (including setting up an Account ID and password) and to share personally identifiable information (PII). Apart from the representations made in our Privacy Policy (see Section 2, above) regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account. If any of the information provided to us as part of the account opening or registration process changes, you must promptly change your account details online.
You must notify us immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you are solely liable for the actions of, and any losses incurred by us or any third party due to, someone else using your Account ID, password or account.
You must not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You do not need to have an account to place an enquiry on our Application. However, if you have an account on our Website/application, you may enjoy a better experience from our Authorized Vendors through the benefits an account offers, such as being able to view your purchase history and save your contact and shipping information.
We accept payment (through our third party merchants) through any of the payment methods specified in our Payment Terms
We will provide you with an invoice following the making of any payment.
While availing any of the payment methods available on our Primary Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transactions, or exceeding the preset limit mutually agreed by you and your bank, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
We have made every effort to display as accurately as possible the colors of our products that appear at our Websites/Application. We cannot guarantee that your electronic devices’ display of any color will be accurate, complete, reliable or error-free.
We reserve the right, in our sole discretion, to: modify, suspend or discontinue any of our Website or application or any service, Content, feature or product offered through Website/application, with or without notice; charge fees in connection with the use of any Website/application; modify and/or waive any fees charged in connection with any Website/application; and/or offer opportunities to some or all users of any Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to any of our Websites.
Your use of Website/Application is at your own risk. The Content and services provided on our Websites/Application are provided “as is” without any representations or warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Without prejudice to the forgoing, we do not warrant that:
a) Our Websites will be constantly available, or available at all; or
b) The information on our Websites is complete, true, accurate or non-misleading.
We will not be liable to you in any way or in relation to the Contents or services of, or use of, or otherwise in connection with, the Websites. We do not warrant that our Websites; information, Content, materials, product (including software) or services included on or otherwise made available to you through our Websites; their servers; or electronic communication sent from us are free of viruses or other harmful components. We do not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any of our Websites, or your downloading of any information or materials from any of our Websites;
Nothing on our Websites constitutes, or is meant to constitute, advice of any kind.
In no event will we or any of our respective officers, directors, employees, shareholders, associated entities, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of our Website/Application, any websites/application linked to our Websites, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities or damages, shall not exceed the amount you paid to purchase the product related to your claim of damages.
To the extent that you cause or contribute to any loss or damage suffered, our liability to you for any such loss or damage shall be reduced to that extent.
You agree to defend, indemnify and hold us and our associated entities harmless, and our officers, directors, employees, business partners and agents, from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from:
(i) any breach by you of any of these Terms, including but not limited to the Terms of Use, our Privacy Policy or any other Policies governing the use of our Websites; or
(ii) your violation of any applicable law, rules or regulations or any agreement or terms with a third party to which you are subject to; or
(iii) your User-Generated Content; or
(iv) your use of materials or features available on our Websites.
If you have any questions or concerns about the Terms, please contact us by any of the methods:
By email: support@motox.org.in