TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 terms of use for access or usage of Motousher.com, Social media, or subdomains (the “Website”).

The term “Website” used in these Terms of Use or in any other policies and documents referred to in these Terms of Use shall mean and include www.motousher.com, shop.motousher.com, subdomains of motousher.com, any mobile application of Motousher and/or any interface available to a user for accessing or using the services provided by the Website.

INTRODUCTION

PLUSGROW MERCHANTRY PVT. LTD. , a company incorporated under the Companies Act, 2013 with CIN U51909MH2018PTC318387 and having its registered office at Bharti House, 43 Kachipura, New Ramdaspeth, Nagpur 440010 MH India (hereinafter referred to as “Motousher”) owns and operates the Website. Motousher offers a variety of imported spares, parts, consumables and accessories (“Products”) for imported bike parts, accessoires, spares, etc (hereinafter collectively referred to as the “Business”). Your use of the Website and its related sites and tools are governed by the terms and conditions as contained in herein (the “Terms of Use”).

For the purpose of these Terms of Use, wherever the context so requires, “you”, “your”, “yourself” or “user”  shall mean any natural or legal person who (i) accesses the Website; (ii) accesses the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as registered user; and/or ii) accesses the Website as a registered user and transacts on the Website for purchasing the Products available on the Website. The terms “we”, “us”, “our” “Motousher” shall mean Plusgrow Merchantry Pvt. Ltd. and include its associates and affiliates, including the erstwhile owner of Motousher, Proserv (Proprietorship).

The use of the Website is offered to you conditioned on your “Acceptance” of all the terms, conditions and notices contained in these Terms of Use. Upon “Acceptance”, these Terms of Use shall be effective and binding upon you along with any amendments made by Motousher at its sole discretion and posted on the Website and you shall not claim invalidity of these Terms of Use merely on the grounds that these Terms of Use are being concluded electronically. For the aforesaid purposes, “Acceptance” shall mean any act on your part which reflects your use of the Website or any such other actions that implies your acceptance. Further, when you use the Website, you will be subject to the rules, guidelines, policies, terms and conditions as applicable and they shall be deemed to be incorporated into and shall be considered as an integral part of these Terms of Use. You hereby further agree that these Terms of Use are being concluded and executed at Nagpur.

Your use of the Website implies that you agree with these Terms of Use and other rules and policies as displayed over the Website. If you do not agree or are not willing to be bound by the terms and conditions of these Terms of Use and rules and policies as displayed on the Website, please do not use the Website or otherwise seek to obtain access to the Website.

AMENDMENTS

Motousher reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to keep yourself updated and to check these Terms of Use periodically for any new changes or modifications. Your continued use of the Website following the posting of such changes shall mean that you accept and agree to the changes and modifications so made. As long as you comply with these Terms of Use, Motousher grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting these Terms of Use, you also accept and agree to be bound by the terms and conditions and policies as posted on the Website from time to time including without limitation Privacy Policy, Return, Refund and Shipping Policy.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT/ACCEPTANCE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

1.         MEMBERSHIP / ACCESS ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under 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. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact on the Website, except through your legal guardian or parents who have registered as users on the Website. Motousher reserves the right to terminate your membership 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 incompetent to contract as per applicable laws.

If you are accessing the Website as a guest user, you shall not be allowed to use the full functionality of the Website and avail all benefits as available to the registered users.

2.         YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

Business entity registration: If you are registering or using the Website as a business entity, you represent that you are duly authorised to accept these Terms of Use and you have the authority to bind your business entity to these Terms of Use. Further, the business entity, along with these Terms of Use, shall also be bound by a separate agreement that Motousher shall be executing with such business entity.

If you use the Website and provide your Registration Data, you shall be responsible for maintaining the confidentiality of your user ID and password. You shall also be responsible for all activities that occur under your User ID and password. You agree, inter alia, to:  (i) Provide true, accurate, current and complete information about yourself as prompted by Motousher’s registration form while registering (such information being the “Registration Data”); (ii) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iii) You must immediately notify us of any unauthorised use of your password or account or any other breach of security, and (iv) ensure that you exit from your account at the end of each session. You further agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Motousher has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, Motousher has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. Motousher shall not be liable for any loss or damage arising from your failure to comply with this Clause 2.

3.         ELECTRONIC EXECUTION AND COMMUNICATIONS

When you use the Website or send emails or other data, information or communication to Motousher, you agree and understand that you are communicating with Motousher through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or through any other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.

4.         CHARGES FOR WEBSITE USAGE

Membership on the Website is free. Motousher does not charge any fee for browsing and transacting on the Website. However, we reserve the right to charge fee and change our policies from time to time. Also, Motousher shall charge a non-refundable administrative fee of Rs. 500/- for every sale on the Website. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website including without limitation the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any such modifications or changes to the fee and related policies shall automatically become effective immediately once displayed on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

5.         USE OF THE WEBSITE

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

5.1.     You understand and agree that Motousher through its Website, apart from its Business, provides hosting services, information including product information to its users and persons accessing the Website. All items, articles, write- ups and/or professionals advertised/listed and the contents therein are advertised and listed based on the information/content provided by and/or uploaded directly by the vendors, manufacturers, professionals, suppliers,  and/or are the third party user generated contents. Motousher has no validity over the third party user generated contents and does not provide any guarantee with respect to any such content in relation to the Products offered on the Website and  shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.

5.2.     In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

a.      belongs to another person and to which you do not have any right to; or

b.      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or

c.       is misleading in any way; or

d.      is patently offensive to the online/e-commerce community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or

e.       harasses or advocates harassment of another person; or

f.        promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or

g.       promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or

h.      contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or

i.        provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or

j.        provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or

k.      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

l.        tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

m.     engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website.

For the purposes of these Terms of Use, our “prior written consent” means a communication coming from our legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; or

n.      solicits gambling or engages in any gambling activity which Motousher, in its sole discretion, believes is or could be construed as being illegal; or

o.      interferes with another user’s use and enjoyment of the Website or any other individual user’s enjoyment of similar services; or

p.      refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other websites, or contains content that is prohibited or violates the letter or spirit of these Terms of Use; or

q.      harms minors in any way; or

r.       infringes upon or violates any third party’s rights, (including but not limited to any patent, trademark, copyright, intellectual property rights, proprietary rights or third party’s trade secrets or rights of publicity or privacy) or is fraudulent or involves the sale of counterfeit or stolen items; or

s.       involves the transmission of “junk mail”, “chain letters”, or “unsolicited mass mailing” or “spamming”; or

t.       violates any law for the time being in force; or

u.      deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

v.       impersonate another person; or

w.     contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or

x.      threatens the unity, integrity, defence, 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 any other nation; or

y.       is false, inaccurate or misleading; or

z.       directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force, or

aa.   create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

bb.   link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Terms of Use or any other applicable law for the time being in force including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.

5.3.     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 of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

5.4.     You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any our servers, computer, network, by hacking, password “mining” or any other illegitimate means.

5.5.     You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer/user, including any Motousher account not owned by you, to its source, or exploit the Website 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, as provided for by the Website.

5.6.     You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.

5.7.     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 interfere with any other person’s use of the Website.

5.8.     You may 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 the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

5.9.     In the event that any transaction or attempted transaction relating to any item, goods or services which is in violation of these Terms of Use or applicable law comes to your knowledge, you shall take all steps to inform Motousher of the same at believe@motousher.com

5.10.  You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Goods and Services Tax, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our services and your listing, purchasing, consultations, solicitation of offers to purchase, and sale of items. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

5.11.  You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we 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. Motousher reserves the right, but has no obligation, to monitor the materials, articles, write-ups posted on the Website. Motousher shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Motousher, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS/ITEMS/CONSULTATIONS YOU POST/TRANSACT ON OR THROUGH THE WEBSITE. Please be advised that such content posted does not necessarily reflect the views of Motousher. YOU AGREE THAT MOTOUSHER OR THE WEBSITE DOES NOT GIVE ANY PROFESSIONAL ADVICE ON ITS OWN ACCOUNT. YOUR RELIANCE UPON ANY MATERIAL/CONTENT/ADVICES/INFORMATIONS ON OR THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK. In no event shall Motousher assume or have any responsibility or liability for any content/item posted/listed in relation to the Products offered or for any claims, damages or losses resulting from use of content/items and/or appearance of contents/items on the Website.

5.12.  You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any Products being sold or purchased on the Website.

5.13.  It is possible that other user (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. It is also possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, 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 Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

6.    CONTENTS POSTED ON SITE

6.1.  All text, graphics, user interfaces, visual interfaces, articles, write-ups, photographs, trademarks, logos, sounds, music 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 Motousher, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

6.2.  Motousher is committed towards protection of the intellectual property rights of all its partner-manufactures, and therefore if any Content on the Website is found to be infringing or violative of any party’s intellectual property rights, the same can be notified to Motousher at believe@motousher.com and we shall endeavour to bring down the infringing Content within 48 working hours of such notification.

6.3.  Except as expressly provided in these Terms of Use, 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 enterprise, without our express prior written consent.

6.4.  You may use information on the Website in relation to the products and services purposely made available by us for downloading from the Website, provided that you:

a.          do not remove any proprietary notice language in all copies of such documents; or

b.          use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

c.          make no modifications to any such information; or do not make any additional representations or warranties relating to such documents or information.

6.5.  You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, articles, write-ups, images, videos, audio files or other materials or information posted or transmitted to the Website. Such content will become the property of Motousher and you grant us the worldwide, perpetual and transferable rights in such contents. We shall be entitled, consistent with our Privacy Policy, to use such contents 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 the creation of derivative works that may include contents you provide. You agree that any such content you post may be used by Motousher, consistent with our Privacy Policy and rules of conduct as displayed on the Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

7.         PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that you and your personal identification information is one of our most important assets. We store and process your personal identifiable information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000 and rules there under. Our current Privacy Policy is available at https://www.motousher.com/terms-and-conditions/privacy-policy/ . If you object to your information being transferred or used in the way as provided in the Privacy Policy, please do not use our Website.

Your Consent: By using the Website and/or by providing your information, you consent to the collection and use of the information you disclose on the Website by us in accordance with our Privacy Policy as displayed on the Website. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned on the Website is acceptable to you.

8.         BREACH

8.1.     Without limiting other remedies, we may limit your activity, immediately remove your information or end your listing, warn other users of your actions, 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:

a.     If you breach these Terms of Use or the Privacy Policy or the documents, agreements rules, policies, terms and conditions as displayed on the Website and incorporated herein by reference;

b.     If Motousher is unable to verify or authenticate any information provided by you; or

c.     If it is believed that your actions may cause legal liability for other users or Motousher. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with Motousher or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach these Terms of Use or Privacy Policy or any other documents as displayed over the Website, we reserve the right to recover any amounts due and owing by you to us and 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.

8.2.     You also agree that any breach by you of these Terms of Use or any other rules or policy as displayed over the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to Motousher, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies we may have at law or in equity.

8.3.     If we initiate any legal action against you as a result of your violation of these Terms of Use or any other rules or policy as displayed over the Website, we shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.

9.         BUYING/AVAILING PRODUCTS

9.1.     All purchases of Products on or through the Website are a firm commitment to purchase. If you are the customer, you are obligated to complete the transaction on the Website.

9.2.     By purchasing any item from us you agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of these Terms of Use or unlawful

9.3.     Motousher strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid / unauthorized credit / debit / cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator.

9.4.     Please note that in the event of any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller/vendors/professionals after the transaction is closed with them.

Disclaimer: You acknowledge and undertake that you are accessing the Products on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of manufacturers nor any breach of conditions, representations or warranties by the manufacturers of the Products or Business and hereby expressly disclaim any and all responsibility and liability in that regard.

10.      CUSTOMER PROTECTION AT MOTOUSHER

10.1.  We endeavour to ensure that the products you buy from our Website and/or the information you gain though the Website are genuine, authentic, and are sold/given by well reputed and honourable service providers at the best prices possible. We also extend all the warranties, guarantees as entailed in the product by the manufacturer to you, all this at a great price and with the best customer service in the industry. It is however clarified that we seek to ensure the aforesaid only on a best endeavour basis and do not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuinity and authenticity of the Business products and/or the manufacturers listed on the Website, and that the manufacturers shall be solely responsible and liable for provisioning the warranties to you through their own means.

10.2.  If we have a suspicion or knowledge, that any of our members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then we may while reserving our right to initiate civil and/or criminal proceedings against the member may also at our sole discretion suspend, block, restrict, cancel the user ID of the registered user and take such necessary action against such member and/or disqualify that member and any related members from availing protection.

10.3.  Motousher reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user ID [and its related user ID’s] of such user and/or disqualify that member and any related members from accessing the Website.

10.4.  Any person who, knowingly and with an intention to injure, defraud or deceive, file a fraudulent complaint containing false, incomplete or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

11.      PAYMENTS

11.1.  While availing any of the payment method/s offered on the Website, we shall not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:

a.          Lack of authorization for any transaction/s; or

b.          Exceeding the preset limit mutually agreed by you and between your bank/s; or

c.           Any payment issues arising out of the transaction, or

d.          Decline of transaction for any other reason/s.

11.2.  All payments made against the Products availed on the Website by you shall be compulsorily in Indian Rupees only and the origin of the amount also needs to be from India. We do not accept any other form of currency with respect to the purchases made or any Products bought on the Website.

Any payments made in defiance of this clause shall be remitted back to the origin account as per the discretion and convenience of Motousher. All fees relating to same shall be bourne by you

12.      FEEDBACK

We encourage registered buyers/customers on the Website to provide feedback after the transaction has been closed as this helps other users to know the performance level of the said product. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non-confidential and will be displayed along with your user ID. We will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable.

13.      LIMITATION OF LIABILITY

13.1.  You acknowledge and undertake that you are accessing the the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall not be liable nor responsible for any breach of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

13.2.  In no event shall Motousher or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its Products or these Terms of Use (however arising, including negligence).

13.3.  Motousher’s liability in any circumstance is limited to the amount of administrative fess, paid by you to Motousher. Motousher, its associates, affiliates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Motousher assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

a.          The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;

b.          Any interruption or errors in the operation of the Website and/or buying the Products though the Website.

 
14. NO AUTHORITY
 

14.1 You acknowledge that no employee of Motousher or its affiliates shall have the authority to give any direction, representation or warranty, either written or oral, relating to the making of any commitment by Motousher or its affiliates, to any customer or any third party, pertaining to any product sold or service rendered by Motousher.

 
14.2 In an event, any representation, commitment or warranty, is made by any employee of Motousher or its affiliates to any customer or any third party, such representation, commitment or warranty, shall be unenforceable and not binding on Motousher.

15.      INDEMNITY

You hereby agree and undertake to indemnify, defend and hold harmless Motousher and its parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees (as applicable) from and against all and any actions, losses and/or expenses directly or indirectly, liabilities (including statutory liability) , damages, penalties, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by Motousher, made by any third party, including but not limited to, as a result or arising out of:

  1. Arising out of your breach or non-performance of terms of these Terms of Use,
  2. Any rules and policies as displayed over the Website
  3. Your violation of any law, rules or regulations or the rights of a third party site, or your violation of any law, rules or regulations or the rights of a third party
  4. breach of confidentiality and intellectual property rights obligations by you;
  5. any hacking or lapse in security of the third party apps, Shopify Site or the Customer data;
  6. any claim or proceeding brought by you or any third party against MotoUsher and/or the Manufacturers/suppliers in respect of any Products or Services offered/sold by us;
  7. any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by the Manufacturers, suppliers, contractors, agents, dealers, Customers or any third party;
  8. Arising out of your breach or non-performance of terms of the Terms of Use set forth with the manufacturers of the products that you buy from us
  9. Arising out of your breach or non-performance of terms of the Terms of Use set forth with the third party apps, websites (including, but not limited to, shopify, wordpress) or service providers ( like shipping carriers, phone providers, email providers)

The indemnities under this Clause are in addition to and without prejudice to the indemnities given elsewhere in this Agreement.

The indemnities provided herein shall survive the termination of this Agreement.

16.      DISCLAIMER OF WARRANTIES AND LIABILITY

15.1.  This Website, all the materials, information, contents and products offered through the Website, included on or otherwise made available to you are on “as is” and “as available” basis without any representation or warranties, express or implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, efficiency, accuracy or fitness for a particular purpose, except otherwise specified in writing and you shall keep MotoUsher fully indemnified for all times to come in this regard. Without prejudice to the forgoing paragraph, Motousher does not warrant that:

a.          this Website will be constantly available, or available at all or the Website or the Products offered through the Website will meet your requirements or your use of the Website will be uninterrupted, timely, secure or error-free; or

b.          the information on this Website is complete, true, accurate or non-misleading; or

c.          the results that may be obtained from the use of the Website, or materials will be effective, accurate or reliable; or

d.          We will be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.

e.          This Website, information, content, materials or Products (including software) included on or otherwise made available to you through the Website, our servers or any electronic communication sent from the Website are free of viruses or other harmful components;

16.2.  You will be required to enter a valid phone number while placing an order/buying Products on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent.

17.      TRADEMARK, COPYRIGHT AND RESTRICTION

This Website is controlled and operated by Motousher. All material on this Website, including images, illustrations, articles, blogs, write-ups, advices, audio clips and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The materials or products on the Website are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner or Motousher, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Motousher or the seller/vendor/professional/contractor or the owner (as may be applicable), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

18.      RISK OF LOSS

All items/products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

19.      JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the materials/products on the Website are presented solely for the purpose of sale and provision of services in India. We make no representation that the materials or products on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

20.      PRICING / TYPOGRAPHICAL ERROR

If we come across any difference in pricing resulting from typographic errors with respect to pricing or product information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you as per our Return and Refund Policy. The mode of refund will be the same as at the time of placing the order or any other mode at our discretion.

We reserve the right to amend, change or alter the Maximum Retail Price and packaging of all products without any notice.

21.      DELIVERY

You acknowledge that any dates/timeframe quoted for delivery of the Products are approximates only and Motousher, under no circumstances, shall not be liable for any delay in delivery of the Products. Time for delivery shall not be of the essence. MotoUsher reserves the right to deliver the Products in instalments and each delivery shall constitute a separate contract and failure by MotoUsher to deliver any one or more of the installments in accordance with these Conditions shall not entitle you to treat the Contract as a whole as repudiated or to withhold payment for the Products delivered.

Delivery due date (if applicable) shall not be less than 179 days.

In case of non-delivery of the Products or any part thereof, you are obligated to notify Motousher within {7} days from the estimated date of delivery, failing which you shall not be entitled to make any claim and Motousher shall not be liable for such non-delivery.

  1. PRODUCT WARRANTIES 

Pass-Through Warranty: We resell, and are not the manufacturers of third-party products listed on the website. We make no express or implied warranties on third-party products and our warranty coverages do not apply to these products. We will, however, pass through all warranties offered by the manufacturer, who has sole responsibility for processing such warranty claims and returns, if any. In all cases, unless otherwise agreed by the manufacturer, you must be the original owner with proof of purchase upon claim or proof of product registration.

We endeavour to ensure that the products you buy from our Website and/or the information you gain through the Website are genuine, authentic, and are sold/given by well reputed and honourable service/product providers at the best prices possible. We may, depending on the product and its manufacturer, also extend all the pass-through warranties as entailed in the product by the manufacturer to you, depending on the means they select towards the warranty claims, all this at a great price and with the best customer service in the industry. It is however clarified that we seek to ensure the aforesaid only on a best endeavour basis and do not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuineness and authenticity of the Business products and/or the manufacturers listed on the Website and that the manufacturers shall be solely responsible 

 

  1. GENERAL

23.1. Partnership: None of the provisions of these Terms of Use shall be deemed to constitute a partnership or agency between you and us and you shall have no authority to bind us in any manner whatsoever.

23.2.  Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of us to Plusgrow Merchantry Private Limited Attn: “Grievance Officer in Charge” at its registered office, India (in our case) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

23.3.  Severability: If any clause of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms of Use.

23.4.  Entire Agreement: These Terms of Use sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

23.5.  Assignment: You cannot assign or otherwise transfer this Agreement, or any rights granted hereunder to any third party. We may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.

23.6.  Force Majeure: You acknowledge that we shall not be held liable to you or deemed to be in breach of these Terms of Use or any binding contract, by reason of delay or failure in performing, any of our obligations in respect of its Business and Products, arising out of these Terms of Use or otherwise, if such delay or failure is occasioned due to a cause beyond our control

 

  1.     RETURNS, SHIPPING AND REFUND POLICY

The RETURNS, SHIPPING AND REFUND POLICY can be obtained using the link https://www.motousher.com/return-refund-and-shipping-policy

 

  1.     PAYMENT GATEWAY POLICIES

On payment if you may opt for the under-noted companies towards your transactions and shall keep us fully indemnified for all times to come in this regard.

  1. PayU Services Product PayUMoney, you agree and understand that you shall be bound by the PayUmoney terms and conditions at link https://www.payumoney.com/termsandconditions.html and
  2. Razorpay Software Private Limited you agree and understand that you shall be bound by the Razorpay terms and conditions at link https://razorpay.com/privacy/
  3. One97 Communications Ltd you agree and understand that you shall be bound by the Paytm terms and conditions athttps://pages.paytm.com/privacy.html
  1. SHOPIFY ONLINE STORE POLICY

We use shopify platform for our online sales , you agree and understand that you on usage of the website you as a user shall be bound by relevant Shopify terms and conditions found at link https://www.shopify.com/legal/terms and shall keep us fully indemnified for all times to come in this regard.

  1. LOYALTY POINTS / REWARDS SCHEME 
  • For our loyal customers Motousher is pleased to introduce “loyalty points” which could be reimbursed for cash discounts on products etc. 
  • “Loyalty Points”/“Referrals” shall mean the reward scheme of Motousher
  • “Rider Miles” shall be the reward points awarded under the Motousher’s Loyalty Points/reward scheme
  • “Effective Date” shall mean the date on which a member creates an account on the website shop section with his email or phone.
  • “Scheme Termination Date” shall mean the date on which the Motousher rewards scheme(s) is / are terminated by Motousher at its sole discretion.
  • Eligibility for Loyalty Points: “Referrals” & “Rider Miles” are for non trading members i.e retail customers only. For business to business transactions, traders and dealers of Motousher are not eligible for the Loyalty Points and Rider Miles. The traders and dealers shall not be permitted to make purchases through their friends and family members to take advantage of the rewards scheme(s). If Motousher finds that any trader or dealer is flouting this condition, Motousher reserves its right to terminate the dealership of such dealer/trader.
  • The Rider Miles shall come in force from the Effective Date and shall be available to Retail Member/s who are not trading and holding an account with website shop section on and after the Effective Date.
  • With effect from July 01, 2020, a “Redemption Handling Fee” + prevailing Goods and Services Tax (Rs. 99 + GST) shall be charged on every Rider Miles/Loyalty Points redemption request. The same will be charged to the Member via an invoice as per Motousher discretion. 
  • Motousher expressly reserves the right, at any time and without prior notice to the Members, to add, alter, modify, change or vary all or in part, or withdraw altogether the rewards schemes, including but not limited to Loyalty Points/Rider Miles or any other reward point scheme that Motousher may introduce from time to time.  
  • Computation of Loyalty points as may be done by Motousher under the Schemes shall be final, conclusive and binding on the Member and the Member understands and acknowledges that no action, legal or otherwise, shall be brought against Motousher, in this respect, before any court, tribunal etc.
  • Selection, addition, modification or deletion of the products or reward points offered in the redemption catalogue or scheme shall be at the sole discretion of Motousher and subject to change without notice.
  • Goods/services mentioned in the redemption scheme are non-transferable and non-encashable.
  • Motousher reserves the right to modify/change all or any of the Terms and Conditions applicable to all its Scheme(s) without assigning any reasons or without any prior intimation whatsoever to the Members. Motousher also reserves the right to discontinue the Schemes without assigning any reasons or without any prior intimation whatsoever. Nothing contained herein shall amount to a commitment or representation by Motousher to continue the Schemes.
  • Motousher reserves the right to cancel/ban/delete/remove any existing or new Member without assigning any reasons or without any prior intimation whatsoever. The Member understands and acknowledges that the Member has no vested right(s) in the Loyalty Points/Rider Miles and that Motousher can rescind the Members’ Loyalty Points/Rider Miles, anytime, without assigning any reason, and the Member under such circumstances, shall not be entitled to bring any action against Motosusher, legal or otherwise, in this regard, before any court, tribunal etc.
  • For breach of any of these terms and conditions by the Member, such Member shall lose his/her accumulated Loyalty Points/Rider Miles. 
  • In the event of a dispute between the Member and Motousher, with regard to or in relation to rewards schemes, including but not limited to Loyalty Points/Rider Miles or any other reward point scheme that Motousher may introduce from time to time , the decision of Motousher shall be deemed final. All such disputes shall be subject to exclusive jurisdiction of Courts at Nagpur, Maharashtra only.

 

  1. MISCELLANEOUS

The section headings of these terms are for convenience only and have no interpretive value.

 

  1. GRIEVANCE OFFICER 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

Grievance Officer In Charge

Plusgrow Merchantry Pvt Ltd (CIN U51909MH2018PTC318387)

Bharti House 43 Kachipura , New Ramdaspeth, Nagpur 440010 MH

Complaince ‘at’ plusgrow ‘dot’ com 

 

  1. CONSUMER COMPLAINT OFFICER

In accordance with Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Consumer Redressal Officer is published herewith:

Plusgrow Merchantry Pvt Ltd (CIN U51909MH2018PTC318387)

Bharti House 43 Kachipura , New Ramdaspeth, Nagpur 440010 MH

Customerservice ‘at’ motousher ‘dot’ com 

 

 

  1. GOVERNING LAW, SETTLEMENT OF DISPUTES AND JURISDICTION

These Terms of Use or the documents it incorporates by reference shall be governed and construed in accordance with the laws of India. Any and all disputes arising under these Terms of Use or under any other documents as displayed over the Website between you and We shall be subject to the exclusive jurisdiction of courts at Nagpur, Maharashtra, India.

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