Terms & Conditions
Welcome to TopCarBike.com. In these Terms & Conditions, the terms " TopCarBike.com ", "Website", "We", "Us" and "Our" refer to TopCarBike.com and the terms "You", "Yours" refer to You as a user of TopCarBike.com.
1. General Provisions
ii. The present Terms and Conditions apply exclusively to the relationship between TopCarBike.com and the participants using the Public Area of the databases operated by TopCarBike.com (marketplace for passenger cars). Any participants' own terms will be superseded by these terms.
iii. The material that appears on this Website is for general information purposes only. Our site includes materials and information collected from and provided by third parties that We may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this Website, and You should not rely on it without independent verification.
2. Scope of Services
i. TopCarBike.com will provide participants means to advertise their vehicle on the site (sellers) and will display said vehicle for an agreed amount of time to internet visitors (buyers). TopCarBike.com will also publish content relating to new and used vehicles.
ii. TopCarBike.com reserves the right to temporarily limit access to the Website if such is needed for technical reasons such as upgrading, server integrity etc. This may make it difficult or impossible to access advertisements during that period.
3. Buying and Selling Vehicles
i. TopCarBike.com is a vehicle listing and information service that brings together buyers and sellers via the Internet. TopCarBike.com is not a party to any transaction between vehicle buyers and sellers that originates on or through this Website. At no time shall TopCarBike.com have any obligations or liabilities in respect of such transaction. Information about a particular vehicle is supplied by the seller, not by TopCarBike.com. TopCarBike.com in no way represents that this information is accurate. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
ii. Though We hope that all who come to TopCarBike.com will act honourably and treat each other fairly, We cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can We assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using this website to find a buyer for your vehicle or a vehicle to purchase, We urge You to use the same common sense and good judgment You would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
4. Buying a vehicle
Before purchasing a vehicle or any other goods or services You have read about on TopCarBike.com, You should confirm with the seller any information, including the price, location, documentation that is important to your purchasing decision. TopCarBike.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or restricted on TopCarBike.com.
5. Listing Your Vehicle
i. TopCarBike.com offers a numbers of options for private sellers to sell their vehicle.
ii. In order for You to offer a vehicle for sale through our Sell Your vehicle service for private sellers; You must have possession of the actual vehicle listed and the ability to transfer title. To list a vehicle for sale on TopCarBike.com, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on TopCarBike.com , nor may You use our Website to promote, without our prior written permission, any other Website, product, or service.
iii. By using our Website to sell your vehicle as a private seller, You represent that You are at least 18 years of age.
iv. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material You post, including listing information and photos of your vehicle, and for the content of all email messages You transmit through TopCarBike.com. Nothing will undermine a user's confidence in the vehicle You are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in You is likely to be accompanied by erosion of user confidence in us, We care deeply about making sure that the information You supply is accurate and that, in all respects, You treat other TopCarBike.com users fairly and honourably.
v. In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though We cannot monitor every transaction that originates through a listing on TopCarBike.com, We may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over vehicles are advertised. By using our Website, You agree to cooperate in these quality assurance tests. If our tests reveal, or We, otherwise learn, that a seller may be violating the terms of this Visitor Agreement, We reserve the right to deny that seller use of services offered on our Website and any affiliated Websites and remove that seller's listings from each site.
vi. By listing a vehicle for sale on this Website, You agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
6. Content Requirements & Responsibility of Advertisements
i. Users are allowed to advertise only for the sale of vehicles. Any other advertisements are not allowed and will be removed.
ii. Users are obliged to submit correct and full information about their vehicle. TopCarBike.com is not responsible for any damage arising from placement of false information.
iii. Users can include photos with their advertisements. These photos have to be representative of the vehicle at sale and infringe on the intellectual property rights of third parties. TopCarBike.com does not have any influence on these photos and will in no way be accountable for their contents.
iv. The wordings of the advertisements should be in accordance with all laws and regulations of India.
v. The user shall take full responsibility for the contents of the advertisements. TopCarBike in no way endorses these advertisements in terms of their correctness or completeness.
vi. TopCarBike.com denies all warranty and liability for the compliance of advertisements with statutory provisions and their accuracy.
vii. TopCarBike expressly denies warranty and liability in case a transaction resulting from the advertisement does not take place, due to whatever reason.
7. User Content
i. Our Website allows users to publish listings, ratings, and reviews and to access social media tools where users may posts material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Terms & Conditions and to the policies of their third-party providers.
ii. You assume total responsibility and risk for your use of any interactive areas of our Website. You acknowledge that any of the user- generated content posted or transmitted through our Website represents the views of the author, and not of TopCarBike.com . You also acknowledge that your use of or reliance on such content is at your own risk.
iii. When publishing anything to our site or using any social medial tools or interactive features, You agree that You will not post or transmit:
1. Any copyrighted material unless You own or control the copyright in and to such material.
2. Material that is knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy or is otherwise objectionable or in violation of any applicable law, rule, or regulation.
3. Material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
4. Profanity in subject lines, messages, or signatures:
5. Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component:
6. Material that breaches another's privacy, i.e. containing phone numbers, addresses, or other personal information.
7. Spam, including, but not limited to junk mails, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted:
8. Material that contains advertisements or commercial solicitations: or
9. Material discussing illegal activities or linking to Websites that deals with such activities.
iv. You further agree that You will not attempt or do any of the following:
1. Interfere with or disrupt the TopCarBike.com Website or our computer systems, servers, or networks;
2. Attempt to again unauthorized access to any part of the Website, to accounts that belongs to other users, or to computer systems or network connected to the Website:
3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise:
4. Collect information about others without their consent:
5. Interfere with the use of our Website by any other individual or party:
6. Impersonate any person, or otherwise attempt to mislead others about your identity or post material under secondary user names or other aliases: or
7. Share any username and/ or password You have on our Website with any other persons.
8. Without limiting any of TopCarBike.com 's other rights or remedies, a violation of any of the above may result in the removal of any content You have transmitted or posted, revocation of any accounts You have on TopCarBike.com or on our affiliated Websites and services, and/or a ban from creating new accounts.
9. Although TopCarBike.com cannot monitor all of the listings and content posted to our Website, We reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content, or other posting that come to our attention that We consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who We believe has violated these terms or any other terms of this Terms & Conditions. We will not, in the ordinary course of the business, review the content of private electronic messages that are not addressed to us. However, We may occasionally monitor such communications as We believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Terms & Conditions, or to protect the rights, property, or safety of visitors to our Website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, TopCarBike.com takes no responsibility and assumes no liability for any content posted to our Website by You or by the third parties.
8. Other Content:
TopCarBike.com makes best efforts to ensure the content on the site is accurate. However TopCarBike.com is not responsible or liable for any loss or damage incurred as a result of the use of this content.
The user releases TopCarBike.com from all third party claims against TopCarBike.com in such circumstances that the user's advertisement violates the rights of this third party, or by any other use of the Website. The user also agrees to assume any necessary costs, including but not limited to, legal and court fees necessary to protect the rights of TopCarBike.com.
10. Deletion of Advertisements:
To preserve a representative and current database, TopCarBike.com database must be as correct as possible. Users are required to remove their vehicle advertisements as soon as their vehicle is no longer for sale. TopCarBike.com expressly reserves the right to remove advertisements from its database when the vehicle can no longer be assumed to be for sale.
11. Vehicle Search and System Integrity:
Vehicles in TopCarBike's database may be searched for only via the search functions offered on the site.
Users may not interfere with the Website's proprietary contents and coding. Attempts to influence the contents of other parties' advertisements are also forbidden. Any such attempts will be prosecuted in all vigour.
Under circumstances of force majeure, such as lawsuits, failure in communication technologies, natural disasters, and other such occurrences, TopCarBike.com will be released of its obligations to perform. No claims can be made to TopCarBike under such circumstances.
You agree that We may, under some circumstances and without prior notice to You, terminate your use of and access to any of the parts of our Website to which We restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and You agree that We will not be liable for any termination of your use of or access to the Website or any part of the Website.
14. Copyright and Usage Rights:
Any and all data, information, company logos, texts, programs and images of advertisements placed on the TopCarBike.com Website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants' as TopCarBike's own data. The copyright associated with an advertised vehicle, i.e. photos and text, does remain property of the advertiser.
15. Severability Clause:
In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legal effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to omissions in these terms and conditions.
16. Applicable law and court:
These terms and conditions are governed by the laws of India and Madhya Pradesh. In case of any dispute, the courts of Indore shall have jurisdiction.
17. Disclaimer of Warranties, Limitation of Liability, and Indemnification:
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." TOPCARBIKE.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPCARBIKE.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL TOPCARBIKE.COM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TOPCARBIKE.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE.
We want potential buyers and sellers visiting TopCarBike.com to feel free to share their email addresses with those listing vehicles for sale on our Website. By accessing this Website, You agree not to use information concerning other users of TopCarBike.com , or the vehicles they have listed or searched for on this Website in any manner for any purpose other than to explore the potential purchase or sale of a listed vehicle.
19. Contacting you:
By using TopCarBike.com and filling any form on our site, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status.