The website (www.bimalhero.com) (“the website”) is owned and operated by Bimal Motors, a sole proprietorship, having its registered office at Site No. 90, Bytarayanapura, New Airport Road, Bengaluru - 560092 (“Company” or “Bimal Hero”).
The Company inter alia acts as a facilitator for the buying and selling of used two-wheelers (bikes, scooters, electric vehicles, etc.). The website is a platform that allows users to obtain all necessary information regarding two wheelers made available for real time purchase at specified locations. It allows the users to curate their search to suit their individual needs and renders all available information pertaining to the same. Bimal Hero aims to create a platform that allows users to register themselves to avail continued information services to provide a short term and long term solution to lack of access to credible information regarding purchase of second hand scooters. Bimal Hero is not the owner of these vehicles, but merely functions as an intermediary to facilitate the sale / purchase of vehicles between end users for a quick and hassle free transaction.
Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Bimal Hero and governs your use of the Platform's Service, superseding any prior agreements between you and Bimal Hero.
2. SCOPE OF SERVICES
2.1. The Website provides an internet and location based access to purchasers and sellers of used vehicles. The Website allows Users to quickly search, identify, and obtain information regarding the vehicles presently being offered for sale by their owners, along with the price, condition, etc.
2.2. The Platform collects, gathers and aggregates information regarding used vehicles and conveniently displays the same to its registered users through its website, allowing the users to identify and bookmark the vehicle of their choice.
2.3. Bimal Hero does not sell any motor vehicle itself and only facilitates the sale between the owner and purchaser.
2.4. The website provides informational services allowing users to view prices, technical specifications and other attributes of the vehicles offered for sale by their respective owners. Bimal Hero makes no claims that any data on the website is accurate and the accuracy of all information on this website is based on information provided by owners, who are liable for any misinformation or misrepresentation to Bimal Hero or its users.
2.5. We do not have control over nor are we responsible for the condition of the vehicles being sold or purchased or for any grievance pertaining to performance or any other functional defect in the vehicle. We are also not responsible for the conduct of our users, either purchasers or owners / sellers.
3. PLATFORM FOR INFORMATION
3.1. The Website is a platform that Users utilize to inter alia get required information and share their reviews about automobiles and Sellers. The Website shall in no manner be held responsible for any opinion expressed or review made by any of the Users on this Website.
3.2. Bimal Hero does not make any representation or Warranty as to specifics (such as quality, value, sale ability, etc.) of the vehicles listed on the website. It does not at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
3.3. The Website is only a platform that can be utilized by Users to receive information regarding used vehicles.
3.4. Vehicle inspections are performed by independent, third-party mechanics and/ or auto repair shops. Bimal Hero does not own, operate, or control any repair shop or mechanic designated as a Bimal Hero’s certified inspection location, station or shop or employ any third-party mechanics and, as such, Bimal Hero does not guarantee the inspection results.
3.5. At no time shall Bimal Hero hold any right, title or interest over the vehicles nor shall Bimal Hero have any obligations or liabilities in respect of same. Bimal Hero cannot take responsibility or control the information provided by our business partners, vehicle owners or sellers, which are made available on the Website.
4. REGISTRATION WITH BIMAL HERO
4.1. Registration with the Platform is currently free, however in order to become a registered user you will have to provide some basic personal information, such as your name, contact number, e-mail address etc.
4.2. You agree and undertake that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you and to provide you our services. In case of any subsequent change in any of the details provided to us at the time of registration, you are solely responsible to update such information or intimate the Platform of such change.
4.3 We reserve the right to terminate your registration immediately without prior notice in the following circumstances:
If, in our opinion, you have breached any of the terms of the Agreement.
If, in our opinion, you are not utilizing the Platform for your personal use or if you are utilizing the Platform for commercial gain.
If you attempt to hack, unauthorized access, manipulate, reverse engineer or in any way attempt to affect the integrity of the Platform
In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
5. USE AND ABUSE OF THE PLATFORM
You acknowledge that Users have been granted a limited license to access and make personal use of the Platform for non-commercial purposes.
We reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
By creating an account with us you confirm that:
All information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times.
You will not do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent other users from using any part of the Service;
You will not use the Platform for any illegal or unlawful purpose;
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
You endorse that you shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content on this website. However, you acknowledge that Bimal Hero does not pre-screen the content, but that Bimal Hero and its designee shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any information that are made available via the Website You endorse that you shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content on this website. However, you acknowledge that Bimal Hero does not pre-screen the content, but that Bimal Hero and its designee shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any information that are made available via the Website
You comprehend that all the information, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such information originated
6. ADVERTISING AND COMMERCIAL USE
6.1 Users of the Platform are not entitled to directly advertise to or solicit the custom of other Users without our express prior written consent.
6.2 You are not entitled to resell or commercially exploit the Platform’s contents other than content you have posted.
6.3 You acknowledge that certain third party advertisements may be placed / made use of in the Platform. You acknowledge that such advertisements are placed by third parties and Bimal Hero is not directly responsible for such advertisements or for any links contained therein.
6.4 You acknowledge that the Platform may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Platform.
8. DISCLAIMER OF WARRANTIES
Your use of this Platform is at your own risk. This Platform is provided by Bimal Hero on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform. Bimal Hero is not responsible for operational issue faced by the User due to any act or action of the owner / seller of the vehicle.
This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, Content, materials, or products on the Platform, including that:
This Platform and its services will meet your requirements.
This Platform will be uninterrupted, timely, and secure or error free.
The quality of any products, services, information or other material purchased or obtained by you through this Platform will meet your expectations, be reliable or accurate, and
Errors in the software will be corrected within reasonable time.
Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
Any material downloaded or otherwise obtained through the use of this Platform is 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 do.
9. LIMITATION OF LIABILITY:
9.1. In no event shall Bimal Hero be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Bimal Hero is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Bimal Hero does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
9.2. The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
9.3. Bimal Hero cannot authenticate or verify any of the data collected from any device owned or used by any User or may not be able to authenticate and verify data received from its Users (i.e. the owners / sellers) . Bimal Hero shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User or by any business Partner of Bimal Hero, whether or not such information is relied upon by Bimal Hero and / or any user. Bimal Hero shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device or by any Partner of Bimal Hero.
You hereby agree to indemnify, defend and hold harmless Bimal Hero, its promoters, Directors, representatives, licensees, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Bimal Hero;
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Bimal Hero and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Third Party Services: While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties. You shall be solely responsible for your mode of accessing the Platform and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.
Modifications to Platform: Changes may be periodically incorporated into the Platform. Bimal Hero may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that Bimal Hero may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Bimal Hero reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. .
Notices: All notices, demands and other communications from you to Bimal Hero must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below. All notices sent to you by Bimal Hero will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
False Information: If at any point of time, Bimal Hero finds that the information provided by you in your registration or web mail is false, Bimal Hero reserves the right to terminate your account You hereby agree to: (a) provide true, accurate and complete information about yourself to Bimal Hero/ the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.