Website Usage Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules 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.
General Usage
- You, (the "User/You") can access www.xcibikes.com, subject to the terms and conditions of use, as changed/updated from time to time entirely at the discretion of Alphavector (India) Private Limited ("We/Alphavector/Company") as set out below ("Terms of Use / User Terms of Use"). This Agreement is for an indefinite term and you understand and agree that you are bound by such terms.
- By visiting this site or accepting these Terms of Use, you agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Site in a manner consistent with any and all applicable laws and regulations. If any of the terms and conditions are unacceptable to You, it is advised that the website is not used by You.
- By using the Site, you agree to follow and be bound by all terms and conditions concerning your use of the Site. Certain areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
- Alphavector may monitor User's access to the Site and terminate User's access to the Site or any part thereof at any time and for any reason without any notice. The provisions regarding disclaimer of warranty, accuracy of information, software, database other system or functionality of website and indemnification shall survive such termination.
- Alphavector may change or discontinue any aspect of the Site at any time, including, its content or features. Alphavector reserves the right to change the Terms of Use applicable to the use of the Site. Such changes shall be effective immediately upon notice, which shall be displayed on the Site in a conspicuous place.
- It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
Eligibility
This Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use this Site. If you are a minor, You must have your parent or guardian read and agree to these Terms of Use prior to you using this Site.
Intellectual Property
All contents on the Site are the exclusive property of Alphavector except the third-party content. The software, text, images, graphics, video and audio used on the Site belong to or are licensed to Alphavector or its subsidiaries and affiliates. No material from the Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Alphavector. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on the Site by the User may violate copyright, trademark and other applicable laws, and You shall be liable for criminal and/or civil penalties for the same. You are granted a non-exclusive, non-transferable, limited right to access the Site and avail of the services provided by Alphavector on the Site.
Intellectual Property Rights Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any Intellectual Property Rights ("IPR") you own or control, please immediately notify us at [email protected].
Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in your notification. Thus, if you are unsure that material located on or linked to by the Site infringes your IPR, you should consider contacting an attorney first.
Disclaimers
- Alphavector does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site or content therein results in the need for servicing or replacing equipment or data, Alphavector shall not be responsible for any such costs that the User may incur. Site and content are provided on an "as is" basis without any warranties, including, but not limited to, any implied warranties of merchantability or fitness of the content for any particular purpose. While utmost care is taken to provide correct and up-to-date information, Alphavector does not warrant the accuracy, completeness and timely availability of the information provided on the Site and accepts no responsibility or liability for any error or omission in any information provided on the Site or its comprehensiveness. Alphavector to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for a particular purpose and non-infringement.
- Alphavector shall not be liable for any damage to the User's computer system or loss of data that results from the download of any content, materials, and information from the Site or use of any image, information, software, systems, functionality, or other services on the Site. Further, under no circumstances, Alphavector shall be liable for any unlawful act of the User or its affiliates, relatives, employees, or agents including misuse of any data, unfair trade practices, fraud, cyber-squatting, hacking and other cyber-crimes. In no event shall Alphavector be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use Site, or any information provided thereon, or any claim attributable to errors, omissions or other inaccuracies in the Site.
- You shall not send, submit, post, or otherwise transmit, material or messages that contain software viruses, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Site, or other user's ability to use the Site.
Fraudulent Activities, Fake Calls & Scams
Alphavector representatives will never ask for any personal information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. Also, you will never be asked to install third-party applications granting access to your mobile or computer screen. Beware of anyone who is claiming to be associated with Alphavector. Acting on any such requests may make you a victim of fraud, potentially leading to the loss of valuable information or money.
Indemnity
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User agrees to indemnify and hold Alphavector, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the Site. Alphavector reserves the right to disclose any personal information about you and your use of the Site including its contents, without your prior permission if Alphavector has a good faith belief that such action is necessary to :
- conform to legal requirements or comply with legal process;
- protect and defend the rights or property of Alphavector or its affiliated companies;
- enforce the Terms of Use; or
- act to protect the interest of its customers or others.
- The User's right to privacy is of paramount importance to Alphavector. Any information provided by the User will not be shared with any third party, except in the manner provided under these Terms of Use and for the intended purpose for which such information is provided by the User, in which case the User's consent is implied. Alphavector reserves the right to use the information to provide the User with a more personalized online experience and for the improvement of the Website.
Security, Confidentiality and User Prohibition
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For availing of the services under the Site (such as product warranty), registration by the User is required. You will receive a one-time password and warranty certificate upon completing the registration on the Site. You are responsible for maintaining the confidentiality of the one-time password and other information shared by you to avail of the product warranty. By registering, you agree to the following terms and any other specific terms which shall be posted at an appropriate site location. Each registration is for a single individual User only. You will be asked to enter your Name, Email Address, Mobile Number and Date of Purchase of the Product along with the Invoice etc. to access these services. Therefore, we do not permit any of the following:-
- a) Any other person sharing your Name and other relevant information.
- b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as Users.
- You specifically agree that Alphavector shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Site.
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Specific Prohibited Uses: Alphavector specifically prohibits any other use of the Site, and all Users agree not to perform any of the following:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Alphavector.
- make any unauthorized use of the Site, including collecting names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or generating warranty certificates by automated means or under false pretences.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User names;
- use our support services improperly or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another User or person or use the personal information of another User.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any services to you.
- delete the copyright or other proprietary rights notice from any content.
- copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
- On nonconformance by users of any of the aforesaid terms, Alphavector may in its sole discretion, restrict or terminate the offending User's ability to access the Site and determine whether to take any other actions.
- Alphavector does not make any representation or undertaking for or on behalf of any of the vendors or corporates as may be listed herein on the Site. Further, Alphavector does not implicitly or explicitly support, refer or endorse any of the vendors or corporates that may be listed on the Site.
Third-party Websites and Content
- The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Alphavector. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
- You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
User data
- We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
- You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Privacy policy
- We care about data privacy and security. Please review our Privacy Policy here to learn more about how we collect and use information about Users via this Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
- We do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
Applicable laws
- The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. The User shall alone be responsible for all his acts, deeds and things and he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
- No failure or delay by Alphavector in exercising any right, power or privilege under the Terms of Use will operate as a waiver of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under the Terms of Use.
- The Site is controlled, operated and administered by Alphavector from its offices within India. Alphavector makes no representation that materials on this site are appropriate or available for use at any other location(s) outside India. Any access to this site from territories where its contents are illegal is prohibited. You may not use the site or export the materials in violation of any applicable export laws and regulations. If you access this site from a location outside India, you are responsible for compliance with all local laws. Notwithstanding anything contained above, Alphavector shall not be responsible for any action/loss/liability based on the material available on the website. The User is expected to form his/her own opinions regardless of the material provided on the website.
- The Terms of Use shall be governed by the Laws of India. The Courts of Law at Ahmedabad, Gujarat shall have exclusive jurisdiction over any disputes arising under the Terms of Use.
Miscellaneous
- This Terms of Use and any policies or operating rules posted by Alphavector on the Site constitute the entire agreement and understanding between User and Alphavector.
- This Terms of Use operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- If any provision or part of a provision of this Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Terms of Use and does not affect the validity and enforceability of any remaining provisions.
- There is no joint venture, partnership, employment or agency relationship created between You and Alphavector as a result of this Terms of Use or Your use of the Site. You agree that these Terms of Use will not be construed against Alphavector by virtue of having drafted them.
- You hereby waive any and all defenses you may have based on the electronic form of this Terms of Use.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Contact us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Alphavector (India) Private Limited
101-108, 10th Floor,
City Center, Swastik Cross Road,
C.G. Road, Navrangpura,
Ahmedabad, Gujarat-380009
E-mail : [email protected]