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TERMS AND CONDITIONS

INTRODUCTION

SYCLES is an online marketplace and platform for buying and selling of Pre-owned bicycles. Sycles.co is operated by “Earthman Ventures LLP” having place of business in Mumbai. By accessing www.Sycles.co  (Sycles/Site) either through the website or any other electronic device, you acknowledge, accept and agree to the following terms of the Use. This Terms of Use is effective from the time you log in to the site. By accepting this Terms of Use, you are also accepting and agreeing to be bound by the Listing Policy.

Please carefully read these terms of use. In the event of non-compliance with these terms of use, we reserve our right to limit or terminate your access or usage rights to the platform immediately or remove non-compliant information or both as the case may be. By using the www.Sycles.co platform and accessing our services, you indicate your understanding and agreement to be bound by the terms stated under terms of use.

If you do not agree to these terms you may not use the platform and the services.

OUR SERVICES

Our Service is operated via www.sycles.co which is an internet enabled electronic platform that facilitates for Buying and Selling Pre-owned Bicycles, Components, Bicycle accessories, Support Equipment etc.  You agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. We strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information, while interacting with other users on our site, with respect to any listing, posting or information .

You hereby agree and acknowledge that www.Sycles.co  has no control over any transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.

By using the Service, you agree to comply with these Terms of Use. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at SYCLES sole discretion.

INFORMATION

You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for buying & selling of bikes. You Further agree and understand that SYCLES does not have any control over the classified/ business listing, any information or messages between users through www.Sycles.co  or through any or medium.

PROHIBITED CONTENT

 By listing and posting on the website [ http://www.Sycles.co ] you agree that the information and/or posting:

  • Shall not infringe any patent, trademark, copyright or other proprietary rights;
  • Shall not violate any law for the time being in force;
  • Shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
  • Shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to ‘list’ which do not belong to you or you do not have the authority for.
  • Shall not belong to another person and to which the user does not have any right;
  • Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • Shall not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • Shall not impersonate another person;
  • Shall not threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or cause incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation;
  • Shall not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • Shall not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
  • Shall not constitute an unfair trade practice.
  • Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
  • Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, 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.
  • You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

ELIGIBILITY

Use of www.sycles.co, either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access our site, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

VIOLATIONS

You agree that in the event your listing, posting or your information violates any provision of this Terms of Use or the listing policy, we shall have the right to disable the offending content, terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

CONTENT

You acknowledge and agree that you are responsible for and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SYCLES be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that SYCLES does not pre-screen or approve any Content, but that SYCLES reserve the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms of use

The Site contains content which includes Your Information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), SYCLES copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content.

LIABILITY

You agree not to hold www.Sycles.co or any of its officers, employees, agents responsible or accountable for any of your or other user’s listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in these terms.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

INDEMNITY

The User agrees to indemnify and hold SYCLES, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

LAW & JURISDICTION

This Terms of Use and the Listing Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

WARRANTIES

You expressly acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

       Listing Policy

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.

  1. Prohibited Items Policy

A. We specifically prohibit any listing or posting of classifieds or information in relation to the following items:

 

  • Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
  • Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts
  • Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.
  • Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group
  • Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a person’s mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults
  • Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.
  • Offensive Material intended for use in a sexual setting (including “bondage” and “fetish” items,) displaying sexual activity or portraying human genitalia in a “life-like” or realistic fashion
  • “Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972 (“the Act”)
  • Information or items that are defamatory, libellous, threatening or abusive in nature
  • Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
  • Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).
  • Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport’s to breach any persons right to privacy.
  • Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.
  • Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals.
  • Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
  • Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
  • Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
  • Lottery Tickets, Sweepstakes Entries and Slot Machines
  • Items in violation of the Food Adulteration Act, 1954
  • Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002
  • Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
  • “Pyramid schemes” and “Multilevel Marketing” and/ or similar scams which are solely listed for the purpose of defrauding users.
  • Spam, abusive, duplicate, listing, fraud schemes (e.g. “Get rich quick” “work at homes” scams which are solely listed for the purpose of duping users)
  • Inappropriate, Wrong Category (e.g dining table listed as office furniture).
  • Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)
  • International Listings.
  • Belongs to another person and to which the user does not have any right;
  • Is defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • Is harmful to children;
  • Infringes any patent, trademark, copyright or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • Impersonates another person;
  • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation;
  • Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

B. Without prejudice to the generality of the above, SYCLES does not permit posting or listing of classifieds in relation to the following:

  • “Securities” within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description
  • Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)

C. Your listing, information, Advertisement

  • Shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party.
  • Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.

2. Details to be provided by the Seller:

  • Contractual information pertaining to the goods, if any.
  • Total price of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges and the applicable tax.
  • All relevant details about the goods and services offered including country of origin
  • Any relevant guarantees or warranties applicable to such goods or services.
  • Content is consistent with the actual characteristic, features of goods and services.

3.Consequences of Breach of Listing Policy

  • Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions
    1. Suspension or termination of registration.
    2. Permanent blocking of access to the site.
    3. Reporting to Law Enforcement or Appropriate Authorities.
    4. Action will be taken in accordance with the Terms of Use.

CONTACT US 

For further information regarding use of the Site, please contact us at: 

info@sycles.co