Terms and Conditions

You are welcome at Drivio.in to do your bike search. Thank You for using our services. We hope you have a great experience using our site and find it a meaningful use of your precious time. By using the website, you agree to the following terms and conditions in the agreement. Please note that in the event of a change in this agreement, we will publish it online on the website. We encourage you to review the site periodically for such changes. This is a legal and binding document between you and Drivio Technologies Pvt. Ltd.

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.

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 www.drivio.in website.

Important
The information provided on this website includes but is not limited to, the services provided by Drivio Technologies Pvt. Ltd. ("Drivio"), and does not render any advice, certifications, guarantees or warranties on the Content (as defined below) relating to the services, which Drivio makes available on this Site. Drivio Technologies Pvt. Ltd. will be referred to as Drivio in the rest of the document.

Terms of Use
The use of this Site and the Content contained herein are governed by these Terms of Use ("Agreement"). When you use this Site you acknowledge that you have read this Agreement and that you accept and will be bound by the terms hereof as such terms may be modified from time to time.

1. Purpose
1.1 As stated above, the contents provided on or through this Site are solely for information purposes and do not substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. By accessing, browsing and using this Site, you agree and acknowledge that you understand this limited and restricted use and agree that you would not rely on the information and materials contained in this Site for any purposes except as Drivio intended or specified under this Agreement. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements and consequences thereof. Drivio disclaims all liability for damages caused by the use of Content on the Site. You agree that you are providing Drivio with personal details regarding your name, mobile phone no., e-mail, and address. You also agree that Drivio may use the information for automated analysis. You further agree that Drivio, to increase the value and benefit of this service to you, may provide your personal details to third parties namely bike dealers, potential buyers, and sellers, as the case may be in the ordinary course of business or providing services to you.

1.2 Drivio will provide services to research bikes, prices, technical specifications and other bike attributes. Drivio makes no claims that the data is accurate or applicability of the information to any specific situation.

1.3 Drivio may also provide the user the ability to send SMS to the user\'s top callers or send an email to the user's friends letting them know about the service.

1.4 The Site may provide certain Features ("Site" and "Features" as defined under Section 2) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used. Once such a Feature is selected and consented to by you, you specifically agree that the Feature shall enable sending one instant message and a maximum of 3 reminders.

2. Definitions

2.1 "Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information that may be viewed or downloaded on or through this Site. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Site by Drivio.

2.2 "Feature" or "Features": A "Feature" may include any interactive, value addition service or other additional feature, introduced on the Site.

2.3 "Site" shall mean the internet site identified generally by the URL www.drivio.in and all pages linked to that URL which pages are posted and operated by Drivio or its agents.

3. REPRESENTATIONS AND WARRANTIES

3.1 Drivio or any of its affiliates associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Site. The information from or through this Site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.

3.2 Drivio and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

4. Your Conduct

4.1 You may post your reviews or comments; and submit suggestions, ideas, questions, or other information, so long as the Contents are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Contents. However, you acknowledge that Drivio does not pre-screen the Content, but that Drivio and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Site.

4.2 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Drivio, are entirely responsible for all Content that you have provided Drivio with in order to upload, post, transmit or otherwise make available via the Site.

4.3 You expressly agree not to use the Site to: (i) harm any user in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Site; (iii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users\' ability to engage in real-time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (v) upload or transmit any material that is deemed derogatory with respect to the name, services or Contents relating to or provided by Drivio; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws;

4.4 You expressly represent and warrant that: (i) you are capable of using this Site in accordance with all terms and conditions herein in relation to the access and use of this Site and the services provided therein; and (ii) all information supplied by you in any correspondence or any other documentation to Drivio is true, current complete and accurate. You expressly agree that this clause shall survive any termination of this Agreement.

5. Links to Other Websites

This Site may contain hyperlinks to websites operated by parties other than Drivio. The inclusion of hyperlinks to such websites does not imply Drivio\'s certification or endorsement of such websites nor any association with their operators. Drivio or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Site. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites.

6. Websites Intellectual Property

All text, graphics, audio, design and other works on the Site are the copyrighted works of Drivio unless otherwise indicated. Content on the Site is for personal use only. Any alteration of the material or use of the material contained in the Site for any commercial purpose is a violation of the copyright of Drivio and/or its affiliates or associates or of its third-party information providers. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior permission from Drivio. All responsibility and liability for any damages caused by downloading any data is disclaimed.

7. License and Site Access

7.1 Drivio grants you a "limited non-exclusive license" to access and make personal (non-commercial) use of this Site for informational purposes and not to modify either the whole or any portion of the Site.

7.2 The license shall not include: (i) any resale or commercial use of this Site or its Contents; or (ii) any derivative use of this Site or its Contents;

7.3 You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Site to any other entity or individual. No Contents or information on the Site may be reproduced in any form or incorporated into any internet website or any other information retrieval system, either electronic or mechanical. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using this Site.

7.4 You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Drivio and/or our affiliates without the express written consent of Drivio. You may not use any meta tags or any other "hidden text" utilizing Drivio\'s name or trademarks without the express written consent of Drivio. Any unauthorized use terminates the permission and the license granted by Drivio under this Agreement to you.

8. Modifications on the Site

8.1 Drivio reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. Drivio reserves the right to make modifications and alterations to the information contained on the Site without notice. You agree that Drivio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

8.2 You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Site.

8.3 From time-to-time Drivio may supplement its terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

9. Buying

Drivio strongly advises you not to test the site with false purchase requests, as it will put you at substantial personal legal risk. It is a crime to use a false name, or other false personal information to buy. Wilfully entering erroneous or fictitious purchase requests may result in prosecution by Drivio. Please be aware that even if you do not give Drivio.in your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

10. Login Options

The Drivio Members login (if any) is for the reference of only registered Drivio\'s Member. Drivio reserves the right to discontinue the member Login on account of violation of this Agreement or any "Code of Conduct" set by Drivio. Drivio reserves the right to take all measures necessary to prevent access to any Content or portion of the Site or terminate access to the site if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.

11. Disclaimer

Drivio further makes no representation or warranty that any files, links or pointers available through this site will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to the applicable law, Drivio disclaims all warranties, express or implied. Drivio makes no warranty that
(i) The information will meet your requirements
(ii) The site will be uninterrupted, timely, secure, or error-free,
(iii) The results that may be obtained from the use of the site will be accurate or reliable
(iv) The quality of any information obtained by you through the site will meet your expectations
(v) Any errors in the software will be corrected.

Any material, contents, or information downloaded or otherwise obtained from the site is subject to this agreement and done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Drivio is not liable for the authenticity of such data. Without limiting the foregoing, under no circumstances shall Drivio be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

12. Limitation of Liability

Neither Drivio nor its affiliates, employees, agents, or consultants shall, in any event, be liable for any indirect, incidental, or consequential damages such as, but not limited to, loss of business information, loss of goodwill, business interruption, or loss of anticipated profits or benefits resulting from use of the site or any part or whole of the content or arising out of any breach of warranty even if Drivio or its affiliates, employees, agents or consultants have been advised of the possibility of such damages.

Such limitation of liability shall apply whether the damages arise from the use or misuse of or reliance on Drivio information, from the inability to use Drivio information, or from the interruption, suspension, or termination of access to the content or site (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute content, loss of goodwill, loss of profits, or loss of data. Such limitation shall further apply with respect to the performance or non-performance of Drivio or any information that appears on, or is linked or related in any way to, the site provided thereunder. Such limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

1) The Drivio website provides a platform where one can execute his/her transactions. The website does not control in any manner the transactions between the users.

2) Drivio exercises extreme care in providing data on its website under latest technological environment.

3) Drivio is not responsible for any non-performance or breach of contract entered into between users. Drivio does not attempt to prove / guarantee / warranty such as quality, durability, condition, and worth of the bikes or services proposed to be sold or purchased on the site by the third parties. Drivio accept no liability for any omissions or errors whether on behalf of itself or third parties.

4) Users are advised to make best use of information provided on the Drivio by verifying independently the bona fides of any particular User that you choose to deal with on the website.

13. Indemnity

You agree to indemnify and hold Drivio and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys\' fees, made by any third party due to or arising out of the Contents you submit, e-mail, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.

14. Acknowledgment

The disclaimer and limited liability of Drivio as set out in this Agreements are fundamental elements of the basis of the bargain for the Content and access to the Site. You agree that Drivio would not otherwise, be able to offer the Content or the Site on its present basis without such limitations. This clause shall survive any termination of this Agreement.

15. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

16. Severability

Any provision of this Agreement that is invalid, prohibited or unenforceable in any jurisdiction shall:

(i) Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability

(ii) Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability

(iii) Not affect the validity of that provision in any other jurisdiction.

17. Governing Law and Arbitration

All legal proceedings shall be subject to the jurisdiction of the courts in Gurgaon, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Gurgaon, India.

18. Relationship

This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between you and Drivio.

19. Customer Registration

In preview of the Telecom Regulatory Authority of India (TRAI) guidelines, I/We hereby authorize Drivio Technologies Pvt. Ltd. (www.drivio.in) and its affiliates/partners / registered dealers, manufacturers or any other related player in automobiles or otherwise who are accessing the data by virtue of their association with Drivio to communicate with me/us through telephone/mobile, Email, SMS or other modes of communication even if my/our number/numbers(s) is/are registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in

20. Compliance with Laws

All dealing entities on the Drivio website are informed to comply with the applicable laws including but not limited to the Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of Government of India) applicable to them respectively and relevant amendments from time to time.

21. Refund for Charge Back Transaction

In the event, there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Drivio Technologies Pvt. Ltd./Lender with his/ her claim details and claim a refund from Drivio Technologies Pvt. Ltd./Lender alone. Such a refund (if any) shall be affected only by Drivio Technologies Pvt. Ltd./Lender via payment gateway or by means of a demand draft or such other means as Drivio Technologies Pvt. Ltd./Lender deems appropriate. No claims for refund/ charge back shall be made by any User to the Loan Service Provider(s) and in the event such claim is made it shall not be entertained.

Refund for fraudulent/duplicate transaction(s): The User shall directly contact Drivio Technologies Pvt. Ltd./Lender for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Drivio Technologies Pvt. Ltd./Lender alone in line with their policies and rules.

Grievance Officer: Users can file their complaints regarding violation of the Information Technology Act, 2000 and rules prescribed thereunder, or any other matter pertaining to this website, with Grievance Officer of Drivio Technologies Pvt. Ltd. on the contact information specified herein below: