Terms of Use

Last updated on : April 2, 2020

 

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.

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.tyreplex.com website.

The domain name www.tyreplex.com is owned/ licensed and operated by Tyreplex Technologies and Commerce Private Limited, a company incorporated under the Companies Act, 2013, having it’s registered office at D702, Rajasthan Apartment, Sec 4, Dwarka, New Delhi 110075(hereinafter, individually and/ or collectively referred to as “Tyreplex/ Company”). Tyreplex provides access to a variety of services, including but not limited to access to the www.tyreplex.com website, mobile site and mobile application (hereinafter individually and collectively referred to as “Website”). These Terms of Use constitute a binding legal agreement between users and the Website.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who is a user/ visitor of the Website availing the services, raising queries and seeking information and/ or who has agreed to become user on the Website by providing registration data while registering on the Website as registered User using the computer systems. Tyreplex allows the User to surf the Website or making purchases with/without registering on the Website. The term "We", "Us", "Our" shall mean Tyreplex.

Your use of the Website, services and tools are governed by the following Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with Tyreplex and these Terms of Use including the policies constitute Your binding obligations, with Tyreplex.

When You use any of the services provided by Us through the Website, including but not limited to, buying and selling any tyres, services, leaving product reviews, seller reviews, etc. (hereinafter referred to as “Services”), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service(s), and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Users making a purchase on the Website shall be referred to as the “Buyer” and Users selling their products by listing them on the Website shall be referred to as the “Seller”.

BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting Tyreplex’s and this Website’s Terms of Use, You also accept and agree to be bound by Tyreplex’s and this Website’s Policies (including but not limited to Privacy Policy available on  https://www.tyreplex.com/privacy-policy) as amended from time to time. We shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Terms of Use.

MEMBERSHIP 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 User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Tyreplex reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Tyreplex's notice or if it is discovered that you are under the age of 18 years or otherwise legally disqualified or incompetent to enter into contract as per the Indian Contract Act or any other laws applicable in India. Furthermore, Tyreplex has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Website, You shall be responsible for maintaining the confidentiality of Your information including your display name and password (if applicable) and Your other personal information. You shall be responsible for all activities undertaken by You, including but not limited to use of the Website for availing the Services through this Website that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.

COMMUNICATIONS

When You use the Website, or send emails or other data, information or communication to Us and provide Your information required for availing the Services, You agree and understand that You are communicating with Us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMS’s from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise. Tyreplex and this Website shall in no matter be held responsible for any opinion expressed, review made by any of the Users on this Website and/ or is not and cannot be a party to or control in any manner any transaction between the Website's Users.

HENCE FORWARD:

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms may include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Tyreplex does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  2. Tyreplex does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Tyreplex does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Tyreplex accepts no liability for any errors or omissions, whether on behalf of itself or third parties
  3. Tyreplex is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Tyreplex cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Tyreplex shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  4. Tyreplex does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
  5. Tyreplex does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  6. At no time shall Tyreplex hold any right, title or interest over the products nor shall Tyreplex have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Tyreplex is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Tyreplex is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
  8. At no time shall Tyreplex hold any right, title or interest over the products nor shall Tyreplex have any obligations or liabilities in respect of such contract.
  9. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
  10. You/ Users of the Website release and indemnify Tyreplex and/or any of its officers, assigns and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You/ User may have in this behalf under any applicable law(s). Notwithstanding the indemnification mentioned hereinabove, despite its reasonable efforts in that behalf, Tyreplex cannot take responsibility or control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
  11. Please note that there could be risks in dealing with underage persons or people acting under false pretense and Users are expected to conduct due diligence in this regard.
  12. The prices provided on the website are tentative and may change during or after the transaction.

FEE POLICY

Membership on the Website is free for buyers. Tyreplex does not charge any fee for browsing and/ or buying/ transacting on the Website. Tyreplex reserves the right to change its Fee Policy from time to time at its sole discretion. In particular, Tyreplex may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Tyreplex reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You/ Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to Tyreplex, wherever applicable.

USE OF THE WEBSITE

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

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. Belongs to another person and to which You do not have any right to;
    2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
    3. Is misleading in any way;
    4. Is patently offensive to the online 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;
    5. Harasses or advocates harassment of another person;
    6. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
    9. 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;
    10. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    12. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    13. Contains video, photographs, or images of another person (with a minor or an adult).
    14. 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;
    15. 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" products related to the Website. Throughout these Terms of Use, Tyreplex's prior written consent means a communication coming from Tyreplex's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    16.  Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
    17. Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
    18. Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    19. Harm minors in any way;
    20. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    21. Violates any law for the time being in force;
    22. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    23. Impersonate another person;
    24. 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, cancel bots, easter eggs or other computer programing routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    25. 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.
  2. The User of this Website is required to ensure and undertakes that the information provided on this Website or any actions of the User(s) on this Website shall:
    1. Not be false, inaccurate or misleading;
    2. Not, 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;
    3. Not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
    4. 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, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity;
    5. 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 server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
    6. Not probe, scan or test the vulnerability of the Website or any network connected to the Website nor 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 Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service 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;
    7. Not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any other person/ entity or otherwise engage in any conduct or action that might tarnish the image or reputation, of Tyreplex or Sellers on platform or otherwise tarnish or dilute any Tyreplex's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Tyreplex's systems or networks, or any systems or networks connected to Tyreplex;
    8. 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 with any other person's use of the Website;
    9. 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 or any service offered 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;
    10. Not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tyreplex and / or others;
    11. At all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations regarding Your use of Our Services and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. 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.
    12. Act in a bonafide manner to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information. You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website;
  3. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  4. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. 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.
  5. We reserve the right, but have no obligation, to monitor the materials posted on the Website. Tyreplex 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, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Tyreplex’s views. In no event shall Tyreplex assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  6. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  7. It is possible that other Users (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 also is 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.
  8. Tyreplex shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

CONTENTS POSTED ON WEBSITE:

A.) THIRD PARTY CONTENT:

All text, graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), other than the ones created, originated and used by the Company is a third-party user generated content and Tyreplex has no control over such third-party user generated content as Tyreplex is merely an intermediary for the use of the materials and information available on this Website and for the purposes of these Terms of Use.

B.) USER GENERATED CONTENT:

You shall be solely responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "User Content"). Such User Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, to use the User Content 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 the User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy and rules of conduct on the Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Except as expressly provided in these Terms of Use, no part of the Website and no content including but not limited to the third-party Content and/or User 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 Tyreplex's express prior written consent. You may use information on the products and Services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) 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, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

PROFANITY POLICY

Tyreplex prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

• Report offensive Display Names

• Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Tyreplex will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

VIOLATIONS OF THIS POLICY MAY RESULT IN account suspension

EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, is not regulated by Tyreplex. Tyreplex encourages its Users to be professional, courteous and respectful when communicating by email.

However, Tyreplex will investigate and can take action on certain types of unwanted emails that violate Tyreplex policies

SUCH INSTANCES INCLUDE:

  1. Threats of Bodily Harm - Tyreplex does not permit Users to send explicit threats of bodily harm.
  2. Misuse of Tyreplex System - Tyreplex allows Users to facilitate transactions through the Tyreplex system but will investigate any misuse of this Service.
  3. Spoof (Fake) email - Tyreplex will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the 'Contact Us' tab.
  4. Spam (Unsolicited Commercial email) - Tyreplex's spam policy applies only to unsolicited commercial messages sent by Tyreplex Users. Tyreplex Users are not allowed to send spam messages to other Users.
  5. Offers to Buy or Sell Outside of Tyreplex - Tyreplex prohibits email offers to buy or sell listed products outside of the Tyreplex Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Tyreplex policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in account suspension

DISCLAIMER OF WARRANTIES AND LIABILITY

This Website, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Tyreplex does not warrant that:

  1. This Website will be constantly available, or available at all; or
  2. The information on this Website is complete, true, accurate or non-misleading.

Tyreplex will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Tyreplex does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by applicable laws. You will be required and are expected to enter correct and valid personal details such as Your name, address, email address, phone number and other information as required for use of the Services on this Website. By registering/ providing Your details including but not limited to 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. Further, Tyreplex does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to affiliates and/or third-party websites using Website's APIs or otherwise.

ADVERTISEMENTS ON THE WEBSITE

We use third-party advertising companies to serve ads when you visit our Website. These companies/websites may collect and/ or use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Tyreplex is not responsible for the privacy practices or the content of those linked websites nor for any third party to whom we transfer your data in accordance with our Privacy Policy. Tyreplex assumes no responsibility for examining or evaluating the products and services offered by them. Tyreplex do not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s). Tyreplex does not endorse, in any way, any third-party website(s) or content thereof.

SELLING

As a registered Seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies, which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

The listing description of the item must be correct, authentic, should not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.

SERVICES PAYMENT

While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s.

All payments made against the purchases/Services on Website by You shall compulsorily be in Indian Rupees acceptable in the Republic of India. Tyreplex/ Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering Your order to You, a Seller may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

FOR BUYERS

  1. Any offers/coupons/deals cannot be combined with other offer/coupons/deals
  2.  Tyreplex reserves the right to cancel any order and refund the Token Amount without notification or explanation.
  3. Offers/coupons/deals can end anytime without prior notice.
  4. Tyreplex does not take any responsibility of the item condition, authenticity or validity of documents.
  5. Transaction is considered closed after the Buyer pays the Seller and receives delivery of the product.
  6. Any item will not be shipped unless mentioned explicitly otherwise.

FOR SELLERS

  1. Any Seller found abusing/misusing the Tyreplex’s platform or promotions will be suspended and may face legal action.
  2. Any Seller caught violating Tyreplex’s policy(s) will be suspended for 3 weeks and all their payments will be put on hold. If a Seller is suspended more than 3 times they will permanently banned from selling at Tyreplex. Tyrepex’s decision shall be final and binding.
  3. Any specific promotions submitted by the Sellers must be held for specified duration.
  4. In case of any policy violation, Tyreplex reserves the rights to cancel any order while the Seller will still be liable to pay selling service fees to Tyreplex.
  5. One Seller should have only one account with Tyreplex. Any seller found with multiple accounts with Tyreplex will be liable to have their account suspended and be liable to legal action.
  6. Sellers need to submit a copy of a cancelled cheque to Tyreplex as proof of their bank account at the time of on boarding.
  7. As per Central Tax Notification No 50 & 51 dated "13th September 2018" issued by the Ministry of Finance- Government of India, Tyreplex shall deduct additional "TCS" (Tax collected at source) at the rate of 2% (1% CGST & 1% SGST) from Seller's payout applicable from "1st October 2018".

FURTHER

  1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the transaction. Use of the payment facility shall not render Tyreplex liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Tyreplex's Website.
     
  2. You have specifically authorized Tyreplex or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery to and from other Users in respect of transactions through the payment facility. Your relationship with Tyreplex is on a principal to principal basis and by accepting these Terms of Use you agree that Tyreplex is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Tyreplex's Website that are paid for by using the payment facility. Tyreplex does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
     
  3. You understand, accept and agree that the payment facility provided by Tyreplex is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the Tyreplex Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Tyreplex is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
     
  4. PAYMENT FACILITY FOR BUYERS:
    1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the payment facility, and You shall pay the transaction price through Your issuing bank/ instrument to the Seller using the payment facility.
    2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by the payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation / variation of the transaction should be in compliance with these Terms of Use.
    3. You, as a Buyer, shall electronically notify the payment facility using the appropriate Tyreplex Website features immediately upon delivery or non-delivery within the time period as provided. Non-notification by You of delivery or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
    4. You, as a Buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided, whichever is earlier. In case you do not raise a refund claim using the Website features within the stipulated time than this would make You ineligible for a refund.
    5. You, as a Buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or Services and/or transactions and hence You may not be entitled to a refund in respect of the Transactions for those products and /or Services.
    6. Except for Cash on Delivery transaction, refund, if any, shall be made at the same issuing bank/ through the same instrument from where transaction price was received.
    7. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
    8. For electronics payments and Cash on Delivery transactions, refunds, if any, shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
    9. Refund shall be conditional and shall be with recourse available to Tyreplex in case of any misuse by Buyer.
    10. Refund shall be subject to Buyer complying with these Terms of Use and the Tyreplex policies.
  5. Tyreplex reserves the right to impose limits on the number of transactions or transaction Price which Tyreplex may receive from on an individual valid Credit/Debit/ Cash Card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
  6. Tyreplex reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Tyreplex or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
  7. Tyreplex may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Tyreplex. As a result of such check if Tyreplex is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.
  8. Tyreplex may delay notifying the payment confirmation i.e. informing Seller to dispatch, if Tyreplex deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Tyreplex may hold transaction price and Tyreplex may not inform Seller to dispatch, remit transaction price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  9. The Buyer and Seller acknowledge that Tyreplex will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond control of Tyreplex.

COMPLIANCE WITH LAWS

Buyer and Seller shall comply with all the applicable laws (including without limitation 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 for using the payment facility and Tyreplex’s Website.

BUYER'S ARRANGEMENT WITH ISSUING BANK

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.

DISPUTES VIA CHARGEBACK

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

  1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies.
  2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller.
  3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.


RETURN AND REPLACEMENT POLICY

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being that the product and/ or Services is significantly different from listing or material omission by the Seller or misleading statement by the Seller. Tyreplex will not allow any replacement in case the products are already in use or have been fitted or have been used.

In case the Seller doesn't have the product, Tyreplex can provide the refund of Amount paid by the buyer to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

Tyreplex is a platform so that buyer and seller can exchange information and Tyreplex does not take any responsibilities for return or replacement of any products transacted on Tyreplex's platform. Seller(s) can always accept the return irrespective of the policy. In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

We encourage the Buyer to review the listing before making the purchase decision. Buyer shall not be entitled to any return/refund unless request for return/ refund/ replacement is made as per the process provided and in the timelines provided for the product and/ or Services.

Tyreplex reserves its right to initiate civil and/or criminal proceedings against a User who, files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Tyreplex may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] and/ or account of such User and/or disqualify that User and any related Users from seeking return/ replacement of any product and/ or Services. . Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent claim for return/ replacement containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

INDEMNITY

You shall indemnify and hold harmless Tyreplex/ Website, its owner(s), licensee(s), affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Tyreplex make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Tyreplex is not responsible for the information and Services availed from this Website.

TRADEMARK, COPYRIGHT AND RESTRICTION

This Website is controlled and operated by Tyreplex Technologies and commerce Private Limited. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email 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/ Tyreplex, modification of the materials, use of the materials on any other website 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, 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.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TYREPLEX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to trademark/ copyright infringement) regarding this Website by electronic or written communication at the address provided in the Contact Us section of this Website. If you have any concern about privacy or grievances with the Website or any of its content or to report any abuse of laws or breach of the Privacy Policy and Terms of Use, please contact us (help@tyreplex.com) with a thorough description of such concerns/ issues faced by you and we will try to resolve the issue for you.

 

SEVERABILITY

Any provision of these Terms of Use that is found to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining portions hereof.

 

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, in case you have any grievances about the use of this Website / any of the policies for use / availing the services on the Website, you may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below:

 

Grievance Redressal Officer:Phone: +91-9599827806. E-mail: help@tyreplex.com

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