Terms and Conditions
This website https://www.oyekidbikes.com/ (hereinafter referred to as “Website”) is owned and operated by Oyekid Bikes (hereinafter referred as the “Company” or “We” or “Us” or “Our”) and having its registered office at 536/9, Singla Cycle Road, Ludhiana, Punjab, India (141003).
These are standard terms guidelines and conditions (or terms of sales) (hereinafter referred to as “Terms and Conditions” in the form of electronic records in terms of the Information Technology Act, 2000 and rules thereunder as applicable and provisions to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.
For the purpose of these Terms and Conditions, wherever the context so requires “you” or “your” shall mean any natural or legal person who visits and uses the services of the Website.
These Terms and Conditions are applicable to a user of the Company Website http://www.oyekidbikes.com/ (whether guest user or registered user) (“User”). By using the services and tools provided by the Website, you are deemed to have accepted the Terms and Conditions contained herein. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, you shall be contracting with the Company and these Terms and Conditions shall constitute your binding obligations.
When you use any of the services provided by the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as part and parcel of these Terms and Conditions.
The Company reserves the right, at its sole discretion, to change or modify these Terms and Conditions, from time to time without any obligations to inform you. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.
All rights including copyright, in this Website are owned by the Company. Any use of this Website or its contents, including copying or storing it in whole or part without the permission of the Company is prohibited.
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
User Registration Eligibility For The Purpose Of the Website.
Use of the Website is available only to persons who can enter into a legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be facilitated by your legal guardian or parents. The Company reserves the right to terminate and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
For the purpose of the above clause, it is hereby clarified that the eligibility criteria are only for the purpose of User registration on the Website. These Terms and Conditions are not applicable for registration of cycles/bikes.
User Account and User Registration Responsibilities.
Communications
Fees and Charges
User Content
The Company provides a variety of forums on the Website for its members to express themselves in the form of blogs, comments, reviews and photographs.
You shall not host, display, upload, modify, publish, transmit, download/ upload, update, or share any such information on/from the Website that:
belongs to another person and to which you do not have any right or that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophiliac,
libelous, invasive of another’s privacy, hateful, unlawful or religiously, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing or misleading in any way; or promoting any such illegal activities; or is patently
offensive to the online community, such as sexually explicit content, religiously offensive content or content that promotes obscenity, pedophiliac, racism, bigotry, hatred or
physical harm of any kind against any group, religion or individual; or harasses or advocates harassment of another person; or involves the transmission of “junk mail,” “chain
letters,” or unsolicited mass mailing or “spamming”; or infringes upon or violates any third party’s rights, including without limitation unauthorized disclosure of a person’s
name, email address, physical address, or phone number or rights of publicity; or infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade
secrets or rights of publicity or privacy or shall not be fraudulent; or promotes an infringement of, or illegal or unauthorized copy of another person’s copyrighted work; or
provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; or contains video, photographs, or
images of another person without his or her express written consent and permission or the permission or the consent of his/her guardian in the case of minor; or refers to any
website or URL that, in the sole discretion of the Company contains material that is inappropriate for the Website or any other website, contains content that would be prohibited
or violates the letter or spirit of these Terms and Conditions; or tries to gain unauthorized access or exceeds the scope of authorized access to the Websites or to profiles, blogs,
communities, account information, bulletins, friend requests, or other areas of the Websites or solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users; or intends to advertise or engage in commercial activities and/or sales without prior written consent of the Company. Throughout these Terms and
Conditions, the Company’s prior written consent” means a communication coming from the Company’s legal personnel, specifically in response to your request, and specifically
addressing the activity or conduct for which you seek authorization; or interferes with another User’s use and access to the Website; or harm minors in any way; or violates any
law for the time being in force; or deceives or misleads the reader/ Users about the origin of such messages or communicates any information that is grossly offensive or
menacing in nature; or impersonates another person; or contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer resource; or contains virus, malware or other computer programming routines that may damage, detrimentally interfere with, diminish the
value of, surreptitiously intercept or expropriate any system, data or personally identifiable information; or threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to
any other nation; or shall not be false, inaccurate, or misleading; or shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
The Company is under no obligation to examine or verify any messages, ratings, reviews, information or content (“Postings”) posted on the Website by you, and the Company
assumes no responsibility or liability relating to any such Postings on the Website. Notwithstanding the above, the Company may from time to time monitor the Postings on the
Website and may decline to accept and/or remove any Postings that contain any information inconsistent with these Terms and Conditions.
By providing any Posting on the Website, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other rights you have in your Posting, now known or not currently known, with respect to your Posting. The Company
will use your Posting in accordance with these Terms and Conditions and the Website’s Privacy Policy.
Notwithstanding anything contained in these Terms and Conditions, the Company may use the content of the Posting or any of its elements for any type of use forever, including
but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including displaying of the Postings on the Website or
anywhere else in any medium and the creation of derivative works that may include Postings you provide. You agree that any Posting you post may be used by the Company,
and you are not entitled to any payment or other compensation for such use by the Company.
You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Website) as
necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and you hereby expressly
authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Notwithstanding the right of the Company to monitor the Posting on the Website, You remain solely responsible for the content of the postings you post on the website. Please
be advised that such Posting does not necessarily reflect the views of the Company. In no event shall the Company assume or have any responsibility or liability for any Posting
posted or for any claims, damages or losses resulting from use of Posting and/or appearance of Content on the Website. You hereby represent and warrant that you have all
necessary rights in and to all Posting you provide and all information it contains and that such Posting shall not infringe any proprietary or other rights of third parties or contain
any libelous, tortious, or otherwise unlawful information.
It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily
exposed to such offensive and obscene materials.
Please carefully select the type of information that you publicly disclose or share with others on the Website. It is possible for others to obtain your personal information
disclosed by You on the public forum of the Website and that the any person may use such information to harass or injure you. The Company does not approve of such
unauthorized uses but by disclosing such public information using the Website You acknowledge and agree that the Company is not responsible for the use of any personal
information that you publicly disclose or share with others on the Website.
Use of Website
You agree, confirm, and undertake that your use of the Website shall be strictly governed by the following binding principles:
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion or Content (defined hereinafter) of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or in any way decompile, reverse engineer, or disassemble any material or content on the Website, the Company reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any part, section or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures of the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User of the Website, or any other customer of the Company including any membership account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Website.
You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions, or for other activity which infringes the rights of the Company or others.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Website.
The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Trademark, Copyright and Restriction on The Use Of Website Content
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Content on the Website is solely for your personal, non-commercial use. Use of the Content on any other web site or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
Other Dealings
Hyperlinks/Backlinks
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading
The Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components. The Company will not be liable for any losses, damages or claims by you or any third-party in this regard; Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
Purchase
All products and the information displayed on the Website constitutes an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms and Conditions as listed herein. We reserve the right to accept or reject your offer in part or in full.
There may be certain orders that the Company cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which the Company identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order. Any payment made through online mode by you will be refunded in case of refusal or cancellation of the order by the Company. Such a refund will be made through the same online mode of payment made by you & would be initiated within 15-20 days. Except in case of refusal or cancellation of the order by the Company, the Company has a strict no exchange, no return, no refund policy after your order is accepted by the Company.
In case multiple payment attempts were made for same order at the same instance & more than one payment were successful, the refund for the other additional transaction amount would be initiated in 7-10 days upon intimation.
Delivery & Shipping Policy
You confirm that the address at which delivery of the product(s) ordered by you is to be made, is correct and proper in all aspects. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information or non-availability of recipient), any extra cost incurred by the Company for re-delivery shall be claimed from you and you shall bear such expenses. Further, the Company shall not be responsible for any damages or losses incurred due to any mishandling of any third-party delivery services provider in transit.
If the Company is unable to deliver such ordered products due to any reason, the Company will refund such amount through the same online mode of payment made by you or will give credit in the form of deposit in your account for the amount received from the sale of such product, that could not be delivered to you, within 90 (ninety) business days.
You will be required to enter a valid phone number, email id while placing an order on the Website. By registering your phone number with us, you consent to be contacted by the Company via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. The Company may use your personal information to initiate any promotional phone calls or SMS’ unless expressly denied by the User.
Product Description
Assembly and Service
Declarations
(1). You hereby declare that you have provided all necessary legal details for the shipment of the product to the destination specified by you in the Order.
(2). You further declare that the product will be acquired for personal use of the buyer. The product will not be sold, resold, bartered or in any way disposed for profit.
Payment
(1) While availing any of the payment method/s offered at the Website, the Company 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 transaction/s; or Exceeding the pre-set limit mutually agreed by you and between your bank/s; or
Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s.
(2) All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. The Company does not accept any other form of currency with respect to the purchases made on the Website.
Risk of Loss
Pricing / Typographical Error
Cancellation of Order
Breach
Without limiting other remedies, the Company may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
If you breach the Terms and Conditions or Privacy Policy or other rules and policies, if any; If the Company is unable to verify or authenticate any information you provide; or If it is believed that your actions may cause legal liability for you, other Users or for the Company. The Company may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company.
Notwithstanding the foregoing, if you breach the Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by you or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Indemnity
Applicable Law
Jurisdictional Issues / Sale in India Only
Intellectual / Copyright Complaint
Limitation of Liability
The Company will not be liable to you (whether under the law of contract, the law of torts, law of equity or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website.
Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, User services or the software. While the Company shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.