Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.

 

The use of this website is subject to the following terms of use:

 

• The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

• By registering with www.themard.com (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 Hillock Retail Pvt. Ltd (hereinafter referred to as “TheMard.com” or “we” or “us”). This User Agreement is effective upon acceptance in registration for new registering users. TheMard.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 TheMard.com.

 

• 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.You must read, agree with and accept all of the terms and conditions contained in this User Agreement and TheMard.com's Privacy Policy, which include terms and conditions expressly set out below and those incorporated by reference, before you may become a member of TheMard.com. TheMard.com’s Privacy Policy may be viewed by clicking on the following link: PrivacyPolicy

 

• Membership Eligibility :Full use of the Site is available only to persons who can form legally binding contracts with TheMard.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 TheMard.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

 

• Your Account and Registration Obligations :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:

 

• Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Site (such information being the "Registration Data"); and

 

• Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or TheMard.com has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, TheMard.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

 

• Electronic Communications :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.

 

• Fees and Services :Membership on the Site is free. TheMard.com does not charge any fee for browsing on the Site. TheMard.com charges listing fee to all sellers and special listing fees are charged to sellers who use the special listing feature(s) for listing. However, TheMard.com reserves the right to change its fee charging and credit policies from time to time. In particular, TheMard.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 TheMard.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. TheMard.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 TheMard.com. TheMard.com also reserves the right to take legal action in case of non-payment of fees by you to TheMard.com.

 

• Use of the Site: You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:"Your Information" is defined as any information you provide to us or to the other users of the Site (those users "Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information    You agree to supply us with Your Information so we can use it for the purpose of the Site and agree that we are not violating any rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. TheMard.com will only use Your Information in accordance with the User Agreement and TheMard.com's Privacy Policy. You hereby understand and agree that the Site may use your information to identify potential members of the site with whom you may have a beneficial relationship (including bike dealers or potential buyers).Further, you acknowledge, authorize and consent to TheMard.com sharing your information with bike dealers or potential buyers, as the case may be in the course of its business. You further acknowledge and agree that you will not share any sensitive personal data or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, on the Site with any participant in the Site(including TheMard.com) and that you will always be compliant with the TheMard.com's Privacy Policy.

 

• 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 thatbelongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;may harm minors in any way;infringes any patent, trademark, copyright or other third party proprietary rights;violates any law for the time being in force;deceives or misleads TheMard.com, Site and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

           

• Privacy: We do not disclose your personal information to third parties for their marketing purposes without your explicit consent and we only use and disclose Your Information as described in the Privacy Policy. We view protection of Users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. You acknowledge and agree that Your Information and including any personal information would need to be provided by you to other Users through the Site when you seek to transact with such Users on the Site. You further agree that we have no control over the recipient Users of Your Information since such Users are selected by you when you choose to interact or transact with them.

 

• Breach: Without limiting other remedies, TheMard.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:
  • If you breach the User Agreement or the documents it incorporates by reference;
  • If TheMard.com is unable to verify or authenticate any information you provide; or
  • If it is believed that your actions may cause legal liability for you, other Users or TheMard.com;
  • TheMard.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 TheMard.com or use the Site in any manner whatsoever until such time that such User is reinstated by TheMard.com. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, TheMard.com reserves the right to recover any damages and amounts due and owing by you to TheMard.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

 

• No Warranty: TheMard.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.

 

• Limitation of Liability: In no event shall TheMard.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).
• TheMard.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to TheMard.com. TheMard.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.

 

• Indemnity: 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.

 

• Arbitration:If any dispute arises between you and TheMard.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 TheMard.com. The place of arbitration shall be Mumbai, Maharashtra. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

• Governing Law: The User Agreement shall be governed and construed in accordance with the laws of India