TERMS & CONDITIONS
Terms and Conditions
This document is an electronic record in terms of 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.
All products/services and information displayed on www.bikersclub.in ("Site" or "Website") constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. www.bikersclub.in reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of www.bikersclub.in prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.
Unless otherwise specified, the materials on this website are directed solely at those who consume the materials within India. www.bikersclub.in makes no representation that any products or services referred to in the materials on this website are appropriate for use or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. www.bikersclub.in will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of www.bikersclub.in you agree to be bound by the Terms and Conditions.
Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Account and Registration Obligations
You also agree to:
Provide true, accurate, current and complete information about yourself as prompted by www.bikersclub.in’s registration form (such information being given in the "New User Register Information and Profile Information")
Maintain and promptly update the Profile information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if www.bikersclub.in has reasonable grounds to suspect that such information is untrue, inaccurate and not current or not in accordance with the User Agreement, www.bikersclub.in has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While www.bikersclub.in strives to provide accurate product and pricing information, pricing errors or typographical errors may occur. www.bikersclub.in cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.bikersclub.in shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item carries an incorrect price, www.bikersclub.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted/confirmed and www.bikersclub.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address or phone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that www.bikersclub.in accepts your order the same shall be debited from your debit/credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to www.bikersclub.in dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your debit/credit card account.
There may be certain orders that we are unable to confirm/accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our debit/credit and fraud avoidance department. We may also require additional verifications or information before confirming/accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your debit/credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellations by the customer
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. On cancellation of an order, after it has been processed/approved by www.bikersclub.in, the cancellation charges will become applicable @ flat rate of 5% of the order value.www.bikersclub.in has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by www.bikersclub.in and accept www.bikersclub.in’s decision regarding the cancellation.
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by www.bikersclub.in and its group companies. In other words, these additional terms and conditions are applicable in case you buy products sold on www.bikersclub.in by third-party vendors.
You understand and agree that there may be certain products, which will be sold on the Site by third-party vendors (“Vendors”). www.bikersclub.in may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:
www.bikersclub.in is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. www.bikersclub.in cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
All the products listed on www.bikersclub.in are designated for use in relation to outdoor recreation and adventure, survival, tourism and/or travel, bike riding, motorcycle riding, backpacking, and infotainment activities. www.bikersclub.in will not be held responsible for any other use in any other manner whatsoever.
www.bikersclub.in does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular,www.bikersclub.in does not implicitly or explicitly support or endorse the sale of any items or services on the Site.www.bikersclub.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You release and indemnify www.bikersclub.in and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, www.bikersclub.in cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
All other terms and conditions of this User Agreement are applicable to such transactions.
Debit/Credit Card Details
You agree, understand and confirm that the debit/credit card details provided by you for availing of services on www.bikersclub.in will be correct and accurate and you shall not use the debit/credit card which is not lawfully owned by you, i.e. in a debit/credit card transaction, you must use your own debit/credit card. You further agree and undertake to provide the correct and valid debit/credit card details to www.bikersclub.in. Further, the said information will not be utilized and shared by www.bikersclub.in with any of the third parties unless required by law, regulation or court order.
www.bikersclub.in will not be liable for any debit/credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
www.bikersclub.in reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently.
www.bikersclub.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.bikersclub.in for re-delivery shall be claimed from you.
That you will use the services provided by www.bikersclub.in, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you.www.bikersclub.in reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), www.bikersclub.in has the right in its sole discretion to reject the registration and debar you from using the Services of www.bikersclub.in and/or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence will result in civil liability or otherwise will breach any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws.
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Colours and Textures
We have made every effort to display the colours and textures of our products that appear on the Site as accurately as possible. However, as the actual colours, you see will depend on your specific technical factors. We cannot guarantee that the display of any colour/texture you view will be as accurate as it exists in reality.
Modification of Terms and Conditions of Service
www.bikersclub.in may at any time modify the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on www.bikersclub.in. You should regularly review the User Agreement on www.bikersclub.in. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to www.bikersclub.in on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain www.bikersclub.in property. Such disclosure, submission or offer of any Comments shall constitute an assignment to www.bikersclub.in of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, www.bikersclub.in owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. www.bikersclub.in will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. www.bikersclub.in is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
www.bikersclub.in does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant www.bikersclub.in the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify www.bikersclub.in and its affiliates for all claims resulting from any Comments you submit. www.bikersclub.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray www.bikersclub.in or any of its products and services, including third-party products listed on www.bikersclub.in, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a www.bikersclub.in logo or other proprietary graphics of www.bikersclub.in to link to the Sites without the express written permission of www.bikersclub.in.
Copyright & Trademark
www.bikersclub.in and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.bikersclub.in or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to www.bikersclub.in. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of www.bikersclub.in. You may not modify, distribute or re-post anything on this website for any purpose.
www.bikersclub.in names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Bikers Club Network Private Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply www.bikersclub.in endorsement, sponsorship or recommendation of the third party, information, product or service.
www.bikersclub.in is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of www.bikersclub.in or its suppliers and protected by Indian and International copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by www.bikersclub.in, one of its affiliates or by third parties who have licensed their materials to www.bikersclub.in and are protected by Indian and International copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of www.bikersclub.in and is also protected by Indian and International copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, www.bikersclub.in and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless www.bikersclub.in, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to www.bikersclub.in or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or www.bikersclub.in. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. www.bikersclub.in may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to www.bikersclub.in. Upon any termination of the User Agreement by either you or www.bikersclub.in, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr RAHUL MEHTA
Bikers Club Network Private Limited
7B, Tejal Bhuvan, N.P.Thakkar Road,
Vile Parle (East),
Mumbai - 400057
Time: Monday – Friday (11:00am – 17:00pm)