TERMS AND CONDITIONS OF USE
1. OVERVIEW
The following are terms of a legal agreement between the user ("you") and independent owned venture, 4309 Denham Way, Plano, TX, operated from Boriwali West, Mumbai ("LLP"), for the use of the LLP's website www.roadguru.in ('Website'). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Website.
1.2 The LLP may, without notice to you, at any time revise these Terms and Conditions of Use and any other information contained in this Website by updating these Terms and Conditions of Use. The LLP may also make improvements or changes to the information in respect of the services and/or products provided/advertised through this Website at any time without notice to you.
2. GENERAL TERMS
2.1 The LLP grants you non-exclusive, non-transferable, limited permission to access the information and content provided through this Website, solely on your computer (including but not limited to, accessing the Website through mobile phones, ipads, tablets and any other electronic devices capable of providing internet access for the purpose of accessing, browsing or using the Website, whether in existence now or to be propounded in the future ) and for your personal and noncommercial use of this Website.
2.2 Your failure to comply with the terms, conditions and notices on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission to use this Website as provided herein, the LLP does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror any of the information and content from this Website on any other website or in any other media whatsoever.
2.3 The LLP provides no assurances that any reported problems will be resolved by the LLP even if the LLP elects to provide information with the goal of addressing a problem.
3. INFORMATION PROVIDED ON THE WEBSITE
3.1 The LLP offers a diverse range of information, content, and advertisement and other material to you through the Website with respect to automobile services, emergency and scheduled maintenance services, car listing for members, loan services, analytical services and other banking and other allied product and services. The LLP and the Website functions solely as a neutral venue and digital clearinghouse where information is provided to you with respect to third parties offering products and services mentioned hereinabove ("Service Provider(s)"). Further, the Website collects and collates information that is generally in the public domain, including but not limited to, maintenance, loans etc. Through the Website you may also connect with the Service Provider(s) for a particular service or product as may be provided on the Website.
3.2 The Website displays information related to financial services that is generally in the public domain and information of various products and services offered by the Service Provider(s) as mentioned herein above along with the financial terms of each of the products/services offered/advertised through this Website. Further, you will also have the option to compare the products/services offered by different Service Provider(s) so as to make an informed decision in respect of the products/services best suited for you.
3.3 The Website shall collect the information submitted by you for availing the services/products offered/advertised through the Website and transmit the same to the Service Provider(s) selected by you.
3.4 The LLP is merely an intermediary and is not involved in or a party to the actual transaction between you and the Service Provider(s). As a result, the LLP has no control over the quality, accuracy, safety, or legality of the transactions that take place on this Website, the accuracy of listings, the completeness of the information provided or the ability of Service Provider(s) to provide products or services and the LLP shall not be responsible for the actions or inactions on your part or on part of the Service Provider(s).
3.5 The Website does not provide any of the products or services posted, advertised or offered by the Service Provider(s) on the Website. The LLP does not endorse any Service Provider, nor does the LLP guarantee the quality of their products or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services posted, advertised or offered through the Website are not provided by the LLP and are specifically and solely between you and the Service Provider. Any transaction you enter into with a Service Provider is strictly between you and the Service Provider, and the LLP is not a party to that transaction. Any dispute you have with a Service Provider is between you and the Service Provider with respect to the products or services or the information of the product or services provided by the Service Provider to you, and the LLP will not be a party to that dispute in any event whatsoever.
3.6 The LLP cannot and will not guarantee each Service Provider's identity nor can the LLP guarantee their capabilities. In addition, the LLP cannot guarantee that information provided by or about the Service Provider(s) on the Website is accurate, including but not limited to the listings provided by a particular Service Provider. In addition, the LLP cannot guarantee that information provided by analytical tools and outputs is accurate. You should use the Website as a starting point for identifying Service Provider(s) to provide the products or services you may need, then conduct your own research to ensure that Service Provider(s) you choose to do business with are appropriate for you. You acknowledge that by opting to utilize the information provided on the Website may result in the Service Provider receiving contact information as may be provided by you in accordance with the terms and conditions set out herein.
3.7 The LLP explicitly disclaims all express, implied, statutory and other warranties, guarantees, or representations, including but not limited to, the accuracy and completeness of any and all information provided through the Website that has been provided by the Service Provider(s) through the Website and/ or the information generally in the public domain that may be collected, collated, updated and /or modified by the LLP and provided through the Website and / or analytical tools and outputs created by the LLP to help you understand complex financial concepts in simple terms and provided through the Website. The LLP shall not be held responsible for any claims or loss or harm suffered by you with respect to your use of the information provided through the Website, in any event whatsoever
4. USE OF THIS WEBSITE
4.1 You will use this Website to access the information in respect of the Service Provider(s) for analytical purposes or any other purpose as may be set out herein or in the Privacy Policy of the Website made available www.roadguru.in/privacy, the products and services offered by the Service Provider(s) and any other information made available through this Website.
4.2 You will not, under any circumstances whatsoever, use the Website to display or modify or send or post or share any messages or any material that:
4.2.1 Belongs to any third party whatsoever without the right or permission to do so;
4.2.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of anotherâs privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
4.2.3 Harm minors in any way;
4.2.4 Infringes any trademark, patents, copyrights or any other proprietary rights of any third party whatsoever;
4.2.5 Violates any law for the time being in force;
4.2.6 Deceives or misleads the LLP or any party whatsoever about the origin of such messages or communicates any information which is grossly offensive or menacing on nature;
4.2.7 Impersonate another person;
4.2.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
4.2.9 Threatens the unity, integrity, defense, security or sovereignty of India, incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
4.3 You may contact a particular Service Provider through the email address, phone numbers and/or any other contact details made available on the Website.
4.4 You understand that the Website may not be accessible or access may be interrupted due to technical difficulty or otherwise. The LLP is not and shall not be responsible for any delay/ failure to access the Website and/or any error/ omissions owing to such delay/ failure.
4.5 You represent and warrant to the LLP that you are legally entitled to access the Website. You expressly agree and permit the LLP to contact you via the contact number/e-mail address(es) provided, from time to time for promotions, feedback, surveys that may be carried out by the LLP.
4.6 The LLP may in its sole discretion be entitled to block / deny access to any person under any circumstances whatsoever, without giving any prior notice.
5. INFORMATION YOU SUBMIT
5.1 The information/content made available on the Website is accessible freely without creation of a user account and you can only browse through the information/content provided therein without the creation of an account. Nevertheless, you shall be bound by these Terms and Conditions of Use and the Privacy Policy to the extent applicable even while browsing through this Website.
5.2 You agree and acknowledge that for availing the services or products through this Website or any information provided on this Website or for contacting the Service Provider(s) through this Website or for sharing and/or emailing and/or printing and/or saving the information/content made available on this Website, or for posting reviews and/or comments on this Website, you may have to create an account on the Website by providing your personal information like name, contact number, city, email address, etc. You may further provide your financial information, your employment details and any other personal information as may be required to avail the products or services offered by the Service Provider(s) through this Website. You undertake and acknowledge that the information provided by you for the use of this Website is complete and accurate and you shall keep this information updated as and when required.
5.3 By browsing/accessing the information/content provided through this Website and /or by creating an account on this Website and accepting these Terms and Conditions of Use, you agree and acknowledge that you are atleast 18 (Eighteen) years of age and have the power, authority and capacity to enter into legally binding agreement.
5.4 By providing the information on the Website you automatically grant, and you represent and warrant that you have the right to grant, to the LLP an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such information provided by you for the purpose and in a format on or in connection with the Website, the LLPâs business, or the promotion thereof.
5.5 In the event you misplace or are unable to recall your account details like your username and/or password or in the event any third party whatsoever misuses your account details with or without your express authorization and consent, you shall promptly intimate the Website of the same. Further, the Website and/or the LLP shall not be responsible in any manner whatsoever for any misuse of your account and any other details provided by you on this Website in the event you misplace or are unable to recall your account details or any other details or misuse of such details by any third party whatsoever with or without your express authorization or consent.
5.6 For more details pertaining to the rights, usage and sharing of the information provided by you for the use and access of this Website, kindly refer to the Privacy Policy made available at www.roadguru.in/privacy.
6. THIRD PARTY WEBSITES
6.1 This Website may provide links or references to websites and resources not belonging to the LLP. The LLP makes no representations, warranties, or other commitments whatsoever about any such third party websites or third party resources that may be referenced, accessible from, or linked to the LLPs Website. A link to a third party website does not mean that the LLP endorses the content or use of such website or its owner. In addition, the LLP is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the LLP's Website. Accordingly, you acknowledge and agree that the LLP is not responsible for the availability of such external websites or resources, and is not responsible or liable for any content, services, products, or other materials on or available through those websites or resources. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
7. DISCLAIMER OF WARRANTY
7.1 Use of this Website is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. The LLP explicitly disclaims to the fullest extent permitted by law, all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, the LLP makes no warranty or guarantee that this Website will be uninterrupted, timely, secure, or error-free.
7.2 You understand and agree that if you download or otherwise obtain materials, information in respect of the products or services posted, offered or advertised on this Website, or choose to avail any product or services posted, offered or advertised on this Website by contacting the Service Provider(s) on the contact details displayed on this Website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system
7.3 Information on this Website, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current, or complete, and while the LLP makes its best effort to ensure accuracy of the information, data, tools and content, this Website may contain technical inaccuracies or typographical errors. The LLP assumes no responsibility for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matter described in this Website.
7.4 Further, the LLP and the Website is merely an intermediary and functions solely as a neutral venue and digital clearinghouse where information is provided to you with respect to products and services offered by the Service Provider(s) and/or any other information that may be generally in the public domain and / or analytical tools and outputs and the LLP shall not be liable for any deficiency or defect in the service or product provided by the LLP and / or Service Provider(s) in any event whatsoever.
8. LIMITATION OF LIABILITY
8.1 In no event will the LLP be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any website or resource linked to, referenced, or accessed through this Website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if the LLP is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 The LLP is the sole and lawful owner of all the rights to this Website and its content. Website content means its data, design, layout, object code, source code, text, images, etc. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with the LLP, its affiliates or licensors of the LLP's content, as the case may be.
9.2 Trademark
The LLP and all its related icons and logos are registered trademarks or trademarks or service marks of the LLP and the LLP is the sole and exclusive owner of the same throughout the world and is protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 Copyright
All content on this Website is the exclusive copyright of the LLP except the third party content and link to third party websites on this Website.
The LLP respects the intellectual property rights of others and we expect you to do the same. The LLP believes that you agree that you will not copy, download and reproduce any information, text, images, files or databases available on or through the Website for the purpose of re-selling or redistributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with the LLP or otherwise commercially exploiting the information or the content available on the Website. Systematic retrieval of the information or the content made available on the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the LLP is prohibited.
In addition to the above, use of the information and content provided on this Website for any purpose not expressly permitted herein is prohibited and may invite legal action. As a condition of your access to and use of this Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. The LLP reserves the right to terminate the account of a user upon any infringement of the rights of others in conjunction with use of the Website, or if the LLP believes that your conduct is harmful to the interests of the LLP, its affiliates, or other users, or for any other reason in the LLP's sole discretion, with or without cause.
10. INDEMNITY
10.1 You agree to indemnify and hold us and the LLP's affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner whatsoever in whole or in part out of your use of the Website and/or the information made available through this Website and/or the products or services offered/advertised on this Website.
11. TERMINATION
11.1 The LLP also reserves the universal right to deny access to particular users to any/all of the information or content made available on the Website without any prior notice/explanation in order to protect the interests of the LLP and/or other users of the Website. The LLP reserves the right to limit, deny or create different access to the Website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
11.2 The LLP withholds the right to temporary or permanent termination of membership of any user of this Website for any of the following reasons:
11.2.1 If it concludes that the user(s) have provided any false information in connection with the account created by such user to the LLP, or are engaged in fraudulent or illegal activities.
11.2.2 The user(s) breach any provisions of these Terms and Conditions of Use or the Privacy Policy of the Website made available at www.roadguru.in/privacy.
11.2.3 Utilize the Website to send spam messages
11.2.4 Impersonate or unlawfully use another person's/company's/entity's name to post information or conduct business of any form.
11.2.5 Any unauthorized access, use, modification, or control of the Website data base, network or related services.
11.2.6 Obtain by any means other Website user's name and/or password.
12. USAGE RESTRICTIONS AND REPRESENTATIONS
12.1 You shall not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Website or any information or content provided through this Website; (ii) modify, translate, or create derivative works based on the information or content of this Website; (iii) use or access the Website to build or support, and/or assist a third party in building or supporting products or services competitive to the LLP; or (iv) remove any proprietary notices or labels from the Website. You shall not knowingly or willfully use the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with the LLPâs business in any manner whatsoever.
13. UPDATES
13.1 The LLP may change, modify, amend, or update these Terms and Conditions of Use from time to time without any prior notification to user(s) and the amended and restated Terms and Conditions of Use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Website. Your continuous use of the Website will signify your acceptance of the changed terms.
14. ARBITRATION AND JURISDICTION
14.1 If any dispute, difference, claim or question shall at any time arise between the LLP and you, in relation to the use of the Website (in any manner whatsoever) such dispute, difference, claim or question shall be referred to arbitration. The LLP and you shall mutually appoint a sole arbitrator. Such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of arbitration shall be Mumbai, India and the proceedings shall be in the English language.
14.2. These Terms and Conditions of Use shall be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction.
15. MISCELLANEOUS
15.1 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.2 LLP's failure to enforce any right or failure to act with respect to any breach by a user(s) under these terms and conditions will not waive that right nor waive the LLP's right to act with respect with subsequent or similar breaches.
15.3 The LLP shall be entitled to assign all its rights and obligations arising out of or in relation to the Terms and Conditions of Use of the Website and the Privacy Policy to any third party, as it may in its sole discretion decide.
15.4 If one or more of the provisions of the Terms and Conditions of Use of the Website and the Privacy Policy hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality and enforceability of the remaining provisions herein contained shall not be affected or impaired in anyway.
15.5 Should you have a concern about the LLPâs collection or use of your personal information or about any terms of these Terms and Conditions of Use of the Website or the Privacy Policy as made available on www.roadguru.in/privacy, you may contact our Grievance Officer Mr Ajay Amberkar on the address mentioned herein below. You may also email us at the email address provided on this Website.
15.6 These Terms of the Use of the Website along with the Privacy Policy constitute the entire understanding and agreement between you and the LLP. There are no understandings, representations or warranties (whether written or oral) except as expressly set forth or referred to herein.