This document is an electronic record in terms of the Information Technology Act, 2000 of India (including any amended versions or replacements thereof and any Rules framed thereunder) 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 which does not require any physical or digital signatures and is being published in accordance with the Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of rules and regulations, privacy policy and terms of use for access or usage of websites and applications for mobile and handheld devices.

This website www.motomag.in (the “Website”) is owned and operated by Kolkata Motomag Private Limited. Your use of the Website for browsing our offerings and / or for transacting thereon constitutes a binding contract with Kolkata Motomag Private Limited, a private company with limited liability, duly constituted under the Companies Act 2013, with CIN U22300WB2018PTC224237 and PAN AAGCK9165P, having its registered office at 19-B Allenby Road, Kolkata 700020, India, and signifies your agreement to be bound by all of the terms and conditions appearing in this Terms of Use and other KMPL policies, including but not limited to the Payments, Refunds & Cancellation Policy, Privacy Policy and any and all other policies appearing on the Website, which are hereby incorporated herein by reference. Please read these Terms of Use carefully before you use the Website. If you do not agree to these Terms of Use, you must not use the Website. By using the Website, you are contracting with KMPL and you signify your acceptance to the Terms of Use and other KMPL policies as posted on the Website from time to time, which takes effect on the date on which you visit the Website, and creates a legally binding arrangement to abide by the same.

While KMPL shall endeavour to notify you of any changes, revisions and/or updates to these Terms of Use, you agree and understand that KMPL is not liable to do so, and the Terms of Use may be changed, revised or updated at anytime and without prior notice. You are cautioned to review the Terms of Use posted on the Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

Terms capitalized herein but not defined shall have the same meaning as ascribed to them in the other KMPL policies, including without limitation the Payments, Refunds& Cancellation Policy and Privacy Policy appearing on the Website.

Nothing contained herein shall be construed to contradict or override anything contained in any of the other KMPL policies, including without limitation the Payments, Refunds & Cancellation Policy and Privacy Policy, appearing on the Website. In case there is a contradiction, the interpretation of KMPL regarding the same shall be final and binding.

Use of the Website

The term “Content” used in these Terms of Use refers to all the materials presented or used on the Website, including but not limited to text, designs, photographs, graphics, images, illustrations, video, audio, data, code and other materials. This Website and theContents appearing thereon are intended for the customers of KMPL. You acknowledge and agree that all of the Content is the proprietary property of KMPL or the licensors who license KMPL to use such Content, which are protected by the relevant intellectual property laws.

Subject to your compliance with these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable license to use or access the Website, and we may revoke this license at any time without prior notice to you. You agree to comply with relevant intellectual property laws and other applicable laws and regulations, and solely use and access the Content for personal, non-commercial, informational / entertainment purpose.

You can download Content purposely made available by KMPL for downloading from the Website, 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) not make any additional representations or warranties relating to such documents.

You may not use this Website or the Content for any purpose not related to your business with KMPL. You are specifically prohibited from: (a) using, reproducing, downloading, translating, transmitting, re-transmitting,broadcasting, selling, assigning, creating derivative works based on or in any other way exploit any or all of the Website or the Content in a way that harms KMPL or the licensors who license KMPL to use such materials,without, or in violation of, a written license or agreement with KMPL (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any KMPL product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose.
You agree that you will bear all risks arising out of your use or access to any Content. To the fullest extent permitted by law, we are not liable in any way for any Content, including but not limited to any errors or omissions in the Content. You shall be solely liable for any losses or damages suffered by you or any other person as a result of your use or access to the Content.

KMPL may change, modify or remove any Content without prior notice to you.

You acknowledge and agree that, in the course of your use or access to the Content, we may not be able to know which other third-party users you interact with or predict or control their behaviour. Therefore, we cannot guarantee the authenticity and accuracy of any contents, materials or information provided by other third-party users through the Website.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

You may 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. KMPL reserves the right to bar any such activity.

You may 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 KMPL server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may 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 the Website, or any other customer of KMPL, including any KMPL account 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.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or KMPL’s systems or networks, or any systems or networks connected to the Website or to KMPL.

You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including without limitation products or services related to the ones being displayed on the Website or related to KMPL, except as agreed in writing between you and KMPL. 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 bypassing the Website without prior explicit consent from KMPL. In order to protect users from such advertising or solicitation, KMPL reserves the right to restrict the number of messages or emails a user may send to other users in any 24-hour period as deemed appropriate by KMPL in its sole discretion. You understand that KMPL has 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, KMPL can (and you hereby expressly authorize KMPL to) disclose any information about you to law enforcement or other government officials, as KMPL, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Member Registration and Login with Social Media

In order for you to use the Website, you must sign up for a member account on the Website, or via a social media account (e.g., Facebook, Twitter or Google), to log in and become our member (“KMPL Member Account”). When registering a KMPL Member Account, we may ask you to provide your e-mail and set a password, and after the registration, we may ask you to fill out membership information. You must confirm that all the information you submit to KMPL while creating your KMPL Member Account on the Website is true, accurate and complete, and you will update it from time to time to maintain the latest information. If you provide false information, we reserve the right to remove your KMPL Member Account without prior notice to you. You may not use the Website with any other person’s KMPL Member Account or social media account.

Your KMPL Member Account is personal to you, and you shall not share your account information with, or allow access to your account by, any third party. You will be responsible for all activities generated under your KMPL Member Account, and if you find any security concern with your KMPL Member Account, please notify us immediately by email to info@motomag.in. You are responsible for maintaining the confidentiality of your password and if you have any reason to believe that your KMPL Member Account has been compromised or your KMPL Member Account has been accessed by a third party, please notify us immediately by email to info@motomag.in. You will be solely responsible for the losses or damages suffered by KMPL and any other persons due to any illegal use of your KMPL Member Account.

If you are accessing the Website by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Twitter and Google, and each such account, a “Third Party Account”), you will be required to link your KCDPL Account with Third Party Accounts, by either (a) providing your Third Party Account login information to us through the Website; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website via your KMPL Account.

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your KCDPL Account on the Website.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website

You agree that we reserve the right to reject your registration as a KMPL member. You also agree that we may, at our sole discretion, remove your KMPL Member Account at any time without prior notice to you.

Use of the Information You Provide

You hereby agree and authorize us to use your personal information in accordance with KMPL’s Privacy Policy.

In order to collect your opinions and improve the Website, you agree to accept the invitation of reviews sent by KMPL from time to time through SMS, email or the Website, and you can decide whether to fill out the review at your own discretion. When we receive your review of the Content or the Website, we have the right (but not the obligation) to upload your review to the relevant pages of the Website and to share and disclose the extent of your satisfaction and opinions. You shall ensure that the review you provide is not misleading and must not contain inappropriate, defamatory, threatening, abusive and other offensive words, nor may you disclose your and other persons’ personal information and information that is in nature not related to tourist / driving experiences, or other content that violates the laws and regulations.

You understand and agree that in the course of your use of the Website, the review you provide, including but not limited to text, photographs, images and videos, may be used by KMPL or other users of the Website, regardless of whether such review meets all the elements of a copyright under relevant intellectual property laws. Therefore, when you provide your review to KMPL, it means that you irrevocably agree: (a) to grant KMPL permission to reproduce, reformat, excerpt, modify, translate, create derivative works or otherwise use it on a non-exclusive, worldwide, royalty-free, perpetual, and sub-licensable condition, including but not limited to the promotion in any media formats and through any media channels; and (b) to non-exclusively grant the users of the Website to access, use, reproduce, create derivative works or otherwise use it reasonably as permitted by KMPL. However, your authorization, unless otherwise agreed by you in writing, will not affect your ownership of the information you provide.

You warrant that all information you provide (including but not limited to text, photographs, graphics and video) will not violate any laws and regulations, and will not infringe any third party’s rights, and KMPL will not infringe any third party’s rights by using such information; you fully understand that you are solely responsible for all the information you provide and KMPL will not be liable for any error or omission of any content.

You expressly agree that KMPL may, at its sole discretion, remove any information you provide from the Website.

Intellectual Property

All Content (including the organization and presentation of such Content) on this Website are the property of KMPL and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with KMPL, any use of the Content without KMPL’s written permission is prohibited.

Privacy Policy

By using the Website you consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy appearing on this Website.

Currency of Website

KMPL updates the information on this Website regularly. However, KMPL cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. KMPL may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Websites

This Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that KMPL monitors or endorses these websites. KMPL does not accept any responsibility for such websites. KMPL shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

Internet Software or Computer Viruses

Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

KMPL shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Content from this Website. KMPL recommends that you install appropriate anti-virus or other protective software on your device.

Website and Content provided “As Is”

This Website and the Content thereon are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. KMPL does not represent or warrant that this Website or the Content will meet your requirements or that their use will be uninterrupted or error free.

You also understand that the Content on the Website may be provided by third party licensors and advertisers and agree that we do not provide any representation or warranty regarding accuracy of the said Content. You agree that you will not ask KMPL to be responsible for any such Content.

Limitation of Liability

You agree that any contact or content transmitted by or through the Website is not confidential, and that your communications may be read or intercepted by others. You acknowledge and confirm that there is no confidential, trust or other cooperative legal relationship created between you and KMPL.

You assume all responsibility and risk for use of this Website and the Contentincluding without limitation any of the information contained therein.

To the fullest extent permitted by law, you agree that neither KMPLnor any of its directors, managers, officers, employees, partners or agents of such personnel shall be liable for any of your direct, indirect, special,incidental, punitive, exemplary, derivative or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these Terms of Use, including without limitation your use of, reliance upon, access to or exploitation of this Website, the Content or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

To the fullest extent permitted by law, you agree that if you are not satisfied with the Website or the Content, your sole remedy is to stop using the Website. In any event, if we have any liability to you, the maximum amount of compensation payable by KMPL to you shall be the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the three (3) months prior to the date of the initial claim made against KMPL, or (2) INR 1000.00 only.

Indemnification

You shall indemnify and hold harmless KMPL and our directors, managers, officers, employees, partners and agents of such personnel from all losses or damages arising out of any third party’s claim for non-compliance of these Terms of Use or the infringement of any intellectual property or any right of others due to your access to the Website or your use of the Content, or those who use your KMPL Member Account. If any of KMPL or our directors, managers, officers, employees, partners and/or agents of such personnel suffer any losses or damages, you shall indemnify them, including but not limited to litigation fees, attorney fees, settlement fees and other losses.

With respect to a claim filed by a third party as mentioned above, KMPL may ask you to defend against any claim or take legal action, and to conduct any settlement negotiations. However, without our prior written consent, you may not take any legal action which may be adverse to our rights.

Notice and Procedure for Making Claims of Infringement

KMPL respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide KMPL with a written communication addressed to our Editor including substantially the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Website;

4. your address, telephone / mobile number, email address and such other communication details as may be reasonably requested by us to get in touch with you;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Communication with KMPL via the Website, Email etc.

Feel free to email KMPL. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. KMPL is not liable for any damages related to communications to or from this Website. You agree with respect to any information provided by you to us through this Website or via e-mail that:

– KMPL has no obligation concerning such information;

– the information is non-confidential;

– KMPL may use, disclose, distribute or copy the information and may use any ideas, concepts orknow-how contained in the information for any purpose without compensation;

– the information is truthful and disclosure of the information does not violate the legal rights of others.

Termination

These Terms of Use will apply to you and KMPL until KMPL terminates these Terms of Use. In the event that you violate any provision of these Terms of Use or KMPL deems it necessary at its sole discretion, KMPL may terminate or suspend your use of and your access to the Website or your KMPL Member Account, without any prior notice to you.

If these Terms of Use shall terminate in accordance with the above paragraph, you agree that, to the fullest extent permitted by law, KMPL shall bear no obligation and liability to you and may cancel any confirmed order prior to the termination without any refunds to you.

You acknowledge and agree that any provision of these Terms of Use shall, by its nature, survive termination, including but not limited to the Limitation of Liability.

Miscellaneous

KMPL’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected by such invalidity and shall remain in full force and effect.The parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of the impugned provision, an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

We may assign these Terms of Use or any right or obligation hereunder, and may delegate any obligation hereunder, to any third party. Without our prior written consent, you may not directly or indirectly assign these Terms of Use or any right and obligation hereunder to any third party.

These Terms of Use are written in English. Any translation of these Terms of Use is solely for reference. If there is any discrepancy between any two language versions, the English version shall always prevail.

Dispute Resolution

These Terms of Use and your relationship with KMPL are governed by the laws of India. You agree that any controversy and dispute arising out of your use of the Website shall be submitted to the exclusive jurisdiction of the courts at Kolkata.