This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules there under and the 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 and does not require any physical or digital signatures.
Bikers Point is an application which provides an online marketplace (“Application”) where registered suppliers (“Suppliers”) can offer to sell their products to registered users of the Application (“Customers”). The Application and the website at www.thebikerspoint.com (“Website”) (collectively, the “Platform”) are operated by Mr. Kunal Parmar and his Staff (Now its called Owner). The Owner’s role is limited to the managing Application and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions betwseen the Suppliers and the Customers (“Business”/”Services”).
Users can review the most current version of the Terms and Policies at any time on this page. The Company reserves the right to unilaterally update, change or replace any part of these Terms by posting updates or changes to the Application. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Bikers Point reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Biker Point’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
The Owner does not permit Users to access and view the contents of the Application without registration on the Application. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to these Terms, and strictly not transferable.
The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
The Users are required to enter a valid phone number while registering on the Company’s Platforms. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.
Upon registration, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security; the Users are required to notify the Owner to stop processing requests from their accounts, until further instructions.
It is the responsibility of the Users to provide correct mobile number so that the Owner can communicate with the Users via SMS. The Users understand and agree that if the Owner sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS, the Owner shall be deemed to have provided the communication to the Users effectively.
The Owner reserves the right to suspend or terminate the account or access to the Application including blocking any amounts due to the User and associated account -
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Owner. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Owner shall not be liable for such activity in any manner.
AMENDMENT TO THE TERMS
The Owner reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these Terms and/ or the Agreement.
ORDERS AND FINANCIAL TERMS
The Application allows Users to place orders for the products sold by various Suppliers and the Owner will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Owner does not own, sell, resell products on its own and/or does not control the Suppliers. The Owner reserves the right to delist any product from the Application.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Suppliers concerned.
On receipt of an order from a User, the Owner shall send electronically a confirmation of such order to the Supplier and the User concerned. Further, the Owner may inform the Users about the availability or unavailability or change in price of the order as informed by the Supplier concerned. Confirmation of the order shall be treated as final.
All commercial/contractual terms are offered by and agreed to between Suppliers and the Customers alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. The Owner does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Customers. All discounts and offers are by the Suppliers and not by the Owner.
The Customers acknowledge and agree that the Owner may, at the request of the Supplier, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Supplier. Upon payment of the amounts to the Owner, which are due to the Supplier, the payment obligation to the Supplier for such amounts is completed, and the Company will be responsible for remitting such amounts, to the seller. The Customers understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Application. Further, by providing payment facility, the Owner is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Owner will not be liable for any charges made by the Users bank in relation to payment of the total amount.
The Customers agree to provide current, complete and accurate purchase and account information for all purchases made at on the Application. The Owner agrees to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Owner can complete the transactions.
The Owner merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the Supplier. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Supplier.
The transaction is bilateral between the Suppliers and the Customers and, the Owner is not liable to charge or deposit any taxes applicable on such transaction. The Suppliers are bound by, including without limitation, the following laws:
As per above mentioned acts and regulations and any other relevant law in place during the tenure of this association, the Owner understands that there is an obligation on the Supplier to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the Supplier to comply with applicable laws and the Owner or the shall not be held responsible in any manner. Suppliers shall indemnify the Owner and the Platform for any harm or loss in relation to contravention of above regulations.
Use of the Platform
You agree and understand that Bikers Point and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Bikers Point shall bear no responsibility or liability in relation to or arising out of third party user generated content. Bikers Point neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Bikers Point is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
(i) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(l) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(n) interferes with another’s use and enjoyment of the Platform;
(o) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(p) harms minors in any way;
(q) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(t) 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 offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
(u) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform 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) provided by the Platform.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Bikers Point, or otherwise engage in any conduct or action that might tarnish the image or reputation of Bikers Point or sellers on the platform or otherwise tarnish or dilute any Bikers Point trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Bikers Point’s systems, networks, or any systems or networks connected to Bikers Point.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
7. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Bikers Point and/or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
9. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Bikers Point.
10. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
11. Bikers Point shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Bikers Point reserves the right to delete such multiple listings of the same product listed by you in various categories. Bikers Point reserves the right to restrict the selling of products originating from certain countries.
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Bikers Point shall not be responsible for any deficiency and/ or omission on your part.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account.
Content Posted on the Platform
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Bikers Point has no responsibility or liability over such third-party generated Content as Bikers Point is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Bikers Point’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Bikers Point liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
2. You have specifically authorized Bikers Point or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Bikers Point is on a principal to principal basis and by accepting the ToU, you agree that Bikers Point is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Bikers Point does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Bikers Point is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Bikers Point neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
5. Bikers point transfer the payment to the Seller in within 15 to 20 after successful delivery of product received to buyer and in this transfer Bikers point has to deduct the charges like commission or other charges.
Dispatch of products and/or services
1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within a 12 Hours to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform.
2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Bikers Point in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
3. Seller shall dispatch the products through Courier or speed post which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. The PoDs should be furnished to Bikers Point on demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
6. Seller agrees to pay the delivery charges and return charges of product to the Bikers Point. And the sole responsibility of product return is with the seller.
7. Seller agrees if they received the order and product not available with them and product shilling not done on time they will be liable to 10% Cancellation charges.
8. if seller failed to pack and delivered the product with in a time line , they should be pay 5% penalty for late shipment.
9. Seller shall be ensure that they shipping the product as per the description mention in portal, if any how seller ship any other product or the deficit product and buyer request for return then seller shall be accept it within 24 to 48 hours.
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard.
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below: