By registering with www.ridersdiary.in (hereinafter referred to as "the Site"), you are confirming that you have read these terms and conditions of your use of the Site and agree to abide by the same. These terms and conditions (hereinafter referred to as "User Agreement") constitute your binding obligations towards Riders Diary Adventures Pvt. Ltd. (hereinafter referred to as “ridersdiary.com” or “we” or “us”). This User Agreement is effective upon acceptance in registration for new registering users. ridersdiary.com may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty (30) is this mandatory days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your notification preferences. This User Agreement may not be otherwise amended except in writing and signed by you and ridersdiary.com. What’s the implication? You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
Full use of the Site is available only to persons who can form legally binding contracts with ridersdiary.com under an applicable law. 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 Site. The Site is not available to persons whose membership has been suspended or terminated by ridersdiary.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
If you use the Site, you are responsible for maintaining the confidentiality of your account like email ID , Password, etc. and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Membership on the Site is free. ridersdiary.com does not charge any fee for browsing on the Site. ridersdiary.com charges listing fee to all sellers and special listing fees are charged to sellers who use the special listing feature(s) for listing their bikes. Before you list a bike for sale through the Site, we request you to review our fee, posted on Site, which is hereby incorporated by reference into this User Agreement. However, ridersdiary.com reserves the right to change its fee charging and credit policies from time to time. In particular, ridersdiary.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event ridersdiary.com 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 charging and credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. ridersdiary.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to ridersdiary.com. ridersdiary.com also reserves the right to take legal action in case of non-payment of fees by you to ridersdiary.com.
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
5A. You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display, upload, modify, publish, transmit, update or share any information that -
The Site is only a venue where Users may meet and interact with one another for their transactions. ridersdiary.com is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
Without limiting other remedies, ridersdiary.com may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
ridersdiary.com may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with ridersdiary.com or use the Site in any manner whatsoever until such time that such User is reinstated by ridersdiary.com. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, ridersdiary.com reserves the right to recover any damages and amounts due and owing by you to ridersdiary.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
ridersdiary.com strongly advises you not to test the Site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by ridersdiary.com. Please be aware that even if you do not give ridersdiary.com your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As a registered member, you may list bike for sale on the Site. You must be legally able to sell the bike(s) you list for sale on our Site. Listings may only include text descriptions, graphics and pictures that describe your bike for sale. All listed bikes must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the bike listing or elsewhere on the Site other than in the Sell bike Form is expressly prohibited and would be considered as a breach of the User Agreement. All listed bikes must be kept in stock for successful fulfillment of sales.
The listing description of the bike must not be misleading and must describe actual condition of the product. If the bike description does not match the actual condition of the bike, you agree to refund any amounts that you may have received from the buyer. As a seller you certify that all information provided by you against your listed bike is true. Individual seller can list one bike at a time and needs to make ridersdiary.com aware of its timely status.
ridersdiary.com and its suppliers provide the Site and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your own sole risk.
In no event shall ridersdiary.com or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement (however arising, including negligence).
ridersdiary.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to ridersdiary.com. ridersdiary.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, ridersdiary.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of the User Agreement or the documents it incorporates by reference, or your use of the Site or your violation of any law or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and ridersdiary.com and you shall have no authority to bind ridersdiary.com in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to ridersdiary.com c/o Riders Diary Adventures Pvt. Ltd. Attn: Legal Department: 5153, Vijayanagar 2nd Phase,4th Stage, Vijayanagar Mysore- 570017, (in the case of ridersdiary.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and ridersdiary.com during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by ridersdiary.com. The place of arbitration shall be Navi Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The User Agreement shall be governed and construed in accordance with the laws of India.