Privacy Policy
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. You are required to give your consent in writing regarding the storage and usage of personal data obtained through the tracking device on the vehicles sold by the Company.
DISCLAIMER OF WARRANTIES :
1. The Site is only a venue where Users may meet and interact with Boom Motors and its dealers for purchase of JKS BIKES products and services.
JKS BIKES is not responsible for any non-performance or breach of any contract entered between the User and third parties. JKS BIKES cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. JKS BIKES shall not and is not required to mediate or resolve any dispute or disagreement between the User and any third party;
JKS BIKES does not make any
representation or warranty as to the attributes (such as legal title,
creditworthiness, identity, etc.) of any of its Users. You are advised to
independently verify the bona fides of any particular User that you choose to
deal with on the Site and use your best judgement in that behalf;
The Site is a channel of
communication whereby the Users can reach a larger base to authorised JKS BIKES
dealers of various models. JKS BIKES is only providing a platform for
communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the seller
and the winning buyer. At no time shall any right, title or interest over the
JKS BIKES products and services vest with JKS BIKES nor shall JKS BIKES have
any obligations or liabilities in respect of such contract.
You shall independently agree upon
the manner and terms and conditions of delivery, payment, insurance etc. with
the other Users that you transact with;
You release and indemnify JKS BIKES and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, JKS BIKES cannot control the information provided by other Users which is made available on the Site. You may find another User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site.
DISCLAIMER AND SUGGESTIONS :
1 JKS BIKES is not liable for any
liabilities arising out of the User’s reliance on the Services, content
provided on JKS BIKES Platforms to the fullest extent permitted by law.
2 JKS BIKES does not charge any fee from its Users. JKS BIKES only charges from the JKS BIKES Dealers and any amounts paid by the Users to JKS BIKES shall be paid to the JKS BIKES dealer.
TERMINATION :
1 . JKS BIKES reserves the right to
suspend or terminate a User’s access to any of JKS BIKES’s Platforms with or
without notice and to exercise any other remedy available under law, in cases
where:
The User has committed breach of any
Terms of Use under this Agreement.
JKS BIKES is not able to verify the
authenticity of information provided the User.
JKS BIKES receives complaints from third
parties against the User.
JKS BIKES has reasonable grounds for
suspecting any illegal, fraudulent or abusive activity on part of the User.
The action of the User is contrary to
the law in force
2 . Upon termination, JKS BIKES reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of JKS BIKES that the user may be allowed to re-register or allowed to use the same account.
INDEMNITY :
1. User agrees to indemnify and hold
harmless JKS BIKES, its affiliates, officers, directors, employees,
consultants, licensors, agents, and representatives from any and all claims,
losses, liability, damages, and/or costs (including reasonable attorney fees
and costs) arising from User’s access to or use of Service, violation of this
Agreement, or infringement, or infringement by any other User of his/her/its
account, of any intellectual property or other right of any person or
entity. JKS BIKES will notify You promptly of any such claim, loss, liability,
or demand, and in addition to Your foregoing obligations, You agree to provide
us with reasonable assistance, at Your expense, in defending any such claim,
loss, liability, damage, or cost.
2. In no event, including but not limited to negligence, shall JKS BIKES, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if JKS BIKES was advised of the possibility of such damages.
ASSIGNMENT
1 JKS BIKES may assign this contract
at any time, including without limitation to any parent, subsidiary, or any
affiliated company, or as part of the sale to, merger with, or other transfer
of our company to another entity.
2 You may not assign, transfer or sub license this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
WAIVER :
No relaxation, forbearance or delay by JKS BIKES in enforcing or exercising any of the terms of this Agreement shall prejudice, affect or restrict the rights of JKS BIKES, nor shall constitute a waiver by JKS BIKES of any breach hereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.
SEVERABILITY :
In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to a mend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.
ENTIRE AGREEMENT :
This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any.
SUPPLEMENTARY AGREEMENT :
The Parties acknowledge that this Agreement is to be read along with the Privacy Policy, or such other contract entered into between them. In case of any conflict, the provisions of this Agreement shall subsist and supersede over all such conflicting provisions of the other/ supplementary agreement.
HEADINGS :
The headings contained in this Agreement are for reference and convenience purposes only and shall not be solely taken into account for the purpose of interpreting any clauses or provisions that they relate to. They do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
ARBITRATION :
Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator. The award given by the arbitrator shall be final and binding on the Parties. The arbitrator shall be appointed by JKS BIKES . The place and venue of arbitration shall be Coimbatore. The Arbitration shall be held in English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.
APPLICABLE LAW AND JURISDICTION :
This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. The courts at Coimbatore shall have exclusive jurisdiction in respect of this Agreement, your use of the Website or the Services or the information to which it gives access. Any use outside of India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
GRIEVANCE OFFICER :
i. All grievances are to be
addressed to JKS BIKES by an affected person in writing or through email signed
with electronic signature about any such information.
ii. All grievances addressed to JKS BIKES after due diligence would be acted upon as per the provisions of applicable laws.
E-mail id:support@jksbikes.com
Contact details: +91 9677740228
The grievance officer
will acknowledge receipt of any consumer complaint within 48 (Forty–Eight)
hours of receipt thereof and would redress each complaint within 1 (One) month
from the date of such complaint.