Terms Of Service
LAST REVISION: [01-07-2022]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE, OR ORIGINATING FROM THIS WEBSITE, OR ANY LINKS, AFFILIATES, EMPLOYEES, THRID PARTY OF THIS WEBSITE AND ITS OWNER YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Document is an electronic record in terms with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011, and any other law in force in India and the GDPR, regarding the access and use of the website 'www.virtusmotors.in' by Virtus Motors Private Limited’ (Hereinafter “website”). The acceptance to the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.
For purposes of ease of understanding, terms such as “You” and “User” shall be used to refer to the customer. Please read this document carefully before partaking in the use of the Platform and any of the services so offered by it. By entering and using the services as provided by the website, You shall be deemed to have accepted and consented to the Terms of Use as stated under this document;
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.virtusmotors.in (the "Website"), Virtus Motors Private Limited] ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Virtus Motors Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Virtus Motors Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Virtus Motors Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Virtus Motors Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
USER INFORMATION
The User of this Website shall be a person who has attained the age of 16 years. Any person below the age of 16 shall access the website only under the supervision of a guardian.
The User of this website shall provide with the authentic Identity details such as Contact Number, Email Address etc., as a proof of verification to access the Website.
The information collected by Virtus Motors shall be protected under the Data Privacy and such information shall be handed over to the Appropriate Law Enforcement Agencies as and when it shall be deemed required by the Appropriate Law Enforcement Agencies.
DEFINITIONS:
CONFIDENTIAL INFORMATION:
All information collected by the Website for the purpose of creating an account and all the information collected in future to maintain, upgrade or degrade the account shall be the Confidential Information of the User.
USER:
User shall be a person who has attained the age of 16 years and who is a sound mind.
Any person irrespective of Nationality shall be termed as a user of this website under this USER POLICY.
The user is an individual who basically utilizes the services provided by the website.
The user reserves the duty to follow the points laid down in this User Policy.
The user is an individual who assures the usage of the Virtus Motors for legitimate use only.
INTELLECTUAL PROPERTY
Trademarks, Copyrights, website content, Logos, Words, terminologies, business concept etc. belonging to Virtus Motors.
CYBER CRIME
Any action committed by the User or any Third Party for any illegal or unlawful purpose by utilizing the products and services provided by Virtus Motors.
PRODUCTS AND SERVICES
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call centre reps or direct Virtus Motors Private Limited sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Virtus Motors Private Limited and its designated in house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: unsubscribe@virtusmotors.in
PROPRIETARY RIGHTS
Virtus Motors Private Limited has proprietary rights and trade secrets in the Products.
You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Virtus Motors Private Limited.
Virtus Motors Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
TAXES
If you purchase any Products, you will be responsible for paying any applicable taxes.
WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about Electric Vehicles and General Automotive Information. Virtus Motors Private Limited does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Virtus Motors Private Limited does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorised use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Virtus Motors Private Limited] does not endorse the contents on any such third-party websites. Virtus Motors Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Virtus Motors Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorisation from Virtus Motors Private Limited or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Virtus Motors Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Virtus Motors Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post Virtus Motors Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Virtus Motors Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Virtus Motors Private Limited deems objectionable.
INTELLECTUAL PROPERTY RIGHTS:
All information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website are protected by copyright laws, trademark laws and/or other laws and/or international treaties and belong to us.
These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part, unless expressly permitted by us.
The reference image uploaded on the website will be purchased before being uploaded. All the intellectual property rights in the design and concept of the website Virtus Motors, the name, logo, trade secrets will vest in the owner.
Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission. Misuse of any trademarks or any other content displayed on the website is prohibited.
We will not hesitate to take legal action against any unauthorised usage of our trademarks, copyrights, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
The User shall also not use the services provided by the website to broadcast messages to promote any form of business that is of similar nature to that of the services provided by website.
The concept and working of the website are protected under the Copyright Laws of India and therefore shall not be reverse engineered or replicated or re-created by the User.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIRTUS MOTORS PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIRTUS MOTORS PRIVATE LIMITED MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Virtus Motors Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Virtus Motors Private Limited. When Virtus Motors Private Limited is threatened with suit or sued by a third party, Virtus Motors Private Limited may seek written assurances from you concerning your promise to indemnify Virtus Motors Private Limited; your failure to provide such assurances may be considered by Virtus Motors Private Limited to be a material breach of this Agreement. Virtus Motors Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Virtus Motors Private Limited choice at its expense. Virtus Motors Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Virtus Motors Private Limited against any claim, but you must receive Virtus Motors Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
PRIVACY
Virtus Motors Private Limited believes strongly in protecting user privacy and providing you with notice of Virtus Motor's use of data. Please refer to Virtus Motors Private Limited privacy policy, incorporated by reference herein that is posted on the Website.
The User shall, for the purposes of using the services of the Platform, create an account and shall be responsible for maintaining the confidentiality of the login details, display name and purchase history. The User shall also be responsible for all activities taking place under his login ID and password. Details such as location, name, and so on as provided by the users shall be accessible by the website for the purpose of providing the services of the website as well as to other users contacting them.
The Platform has the sole and exclusive right to suspend, block, impede, deny access and/or terminate the account of the User. In the event of there being any unauthorised breach of the account of the User, the User shall immediately notify the Grievance Officer of the same who shall take necessary Action in an expeditious manner.
Should the User choose any paid activity or feature of the website, they shall confirm the purchase(s) and then be directed to the payment processor gateway (Payment Gateway) which shall be a third party. The User must go through their privacy policy and terms of use before proceeding to make a payment using the Payment Gateway. The website shall in no manner be responsible for any and all issues arising from and in relation to the Payment Gateway;
In the event the User wishes to cancel, request refunding or terminate any purchase, then the User shall proceed in the manner as specified under this Agreement.
CONFIDENTIALITY
The information collected from the User shall be confidential information and it shall not be shared with the third person.
However, the website reserves the right to share basic contents of the confidential information for the promotion of the Business of both the User and the Website.
The confidential information shall only be shared with the Law Enforcement Agencies as and when appropriate procedure is followed.
The confidential information shall be shared if it is a requirement to launch in other platforms such as IOS, Android, Google, Microsoft etc.
USER CONDUCT
That the User must, for the purposes of being granted access to the Website and services offered thereunder, uphold and abide the following:
The User shall not:
- Engage in any form of activity whereby the confidential information of other User(s), including but not limited to their location, password, login details, purchase history and other such account details, is collected in any manner contrary to the law of the land.
- Partake in any form activity on the Website by using the account of another User without their consent / knowledge.
- Publish, put up, conduct business in a manner that is wrong, harassing, blasphemous, obscene, defamatory, libellous, hateful, disparaging, promote illegal activities such as gambling, pornography, money laundering or any other acts, material or images deemed unlawful by the law of the land.
- Partake in activities which infringe on the Privacy of other User(s), website and any other individuals so associated, representatives, agents and even employees without their explicit consent.
- Behave in any manner deemed to be threatening, defamatory, obscene, disparaging and/or hurtful to any other individual on the basis of their religion, caste, class, creed, sex or other such factors deemed necessary in the eyes of law
- Partake in any activity causing there to be unsolicited emails, messages, calls to other User(s), website and any other individuals so associated, representatives, agents and even employees of the same.
- Partake in any action which directly or indirectly infringes on the intellectual property rights of the users, website or any other individual, association, corporate body, company, shop and/or commercial entity.
- Partake in the marketing, advertising, providing information, instructions and/or solicitation of activities, objects, products, goods or works deemed unlawful in the eyes of the law.
- Exceed the scope of authorised access to the website in manner so deemed unlawful and/or inappropriate by the law of the land.
Interfere with any other User(s) right to enjoy the services of the website in any manner which is held, construed and/or interpreted as being unlawful under the law of the land and/or as per the direction of the website.
- Partake in the filing of information solely for fraudulent or misinformative purposes which are against the law of the land.
- Partake in any actions that threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence from happening or is insulting to any other nation.
The User(s) shall be deemed to conducting themselves in an unlawful manner should they:
- Gain access to the Platform despite refusing to fill in the account details in a proper manner.
- Harass the user(s) / website owner and any other individuals so associated, representatives, agents and even employees of the same in any manner by using the contact details so provided.
- Partake in any activities with the sole intention of causing loss of revenue / business issues and/or any other financial problems to the website.
- Partake in any action that is held to be against the Information Technology Act, 2000 and the rules thereunder, the Consumer Protection Act, 2020, GDPR and the rules thereunder.
SHIPPING POLICY
The delivery address entered by the customer needs to be valid and proper. In the event of re-delivery or non-delivery, the customer shall bear extra costs incurred by Virtus Motors. Furthermore, Virtus Motors will not be liable for any damages or losses caused due to any third-party delivery services provider's mismanagement during transit.
In a case where Virtus Motors is unable to deliver such ordered products for any reason, Virtus Motors will refund such amount to the customer via the same online mode of payment used by the customer or will credit the customer account in the form of a deposit for the amount received from the sale of such product that could not be delivered to the customer within 90 (ninety) business days.
When placing an order on the Website, the customer will be needed to provide a valid phone number and email address. By providing us with the customer's phone number, the customer agrees to be contacted by Virtus Motors via phone calls and SMS alerts in the event of any purchase, shipment, or delivery-related updates. Unless the User objects explicitly, Virtus Motors may use the customer's personal information to start promotional phone calls or SMS messages.
Our policy for the cancellation and refund will be as follows:
REFUND & CANCELLATION
We strive for complete customer satisfaction. If you are displeased with the services provided, we will refund back the money (according to our refund policy), provided the reasons are genuine and well-proven after a thorough investigation by our concerned teams.
Our policy for the cancellation and refund will be as follows:
Cancellation Policy
Your order can be cancelled within 24 hours after placing your order. If you opt for cancellation after the product status is ‘shipped’ or ‘out for delivery' , the company can exercise a right to levy a ‘cancellation fee’ before processing the refund for your order.
Return Policy
Once the product/s is delivered, it can not be returned or cancelled and no refund will be provided for the same. Product/s is shipped on client/customer risk, we are not liable for any damage in transport.
Refund Policy
In case of cancellation, the cancellation fee is to be borne by the clients/customers.
After deducting the cancellation fee, Refunds will be issued to the original source account provided at the time of purchase. After the refund has been initiated from our end, the refund amount is expected to reflect in the customer’s source account within 7 to 15 business days according to the norms and rules issued by the Reserve Bank of India (RBI).
The cancellation fee is as follows:-
Within 24 hours of placing your order,
No cancellation fee if the order is not processed for dispatch.
If the status of your order is shipped
50% of the total order value
If the status of your order is out for delivery
70% of the total order valuePlease note that our cancellation and refund policies are subject to change without prior notice.
AMENDMENTS:
We may periodically make changes to the contents of the Website, including to the descriptions of the services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Website.
We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Website and shall take effect from the date of such posting.
The user is advised to review these terms and conditions periodically as they are binding upon you.
GENERAL
Force Majeure. Virtus Motors Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Virtus Motors Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Virtus Motors Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Virtus Motors Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Mumbai Maharashtra. This Agreement will be governed by the laws of the State of Telangana without regard to its conflict of law principles to the contrary. Neither you nor Virtus Motors Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Telangana. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Virtus Motors Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Virtus Motors Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Virtus Motors Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorised access of the Website. This Agreement will survive indefinitely unless and until Virtus Motors Private Limited chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Virtus Motors Private Limited makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Virtus Motors Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
DISCLAIMER AND EXCLUSION OF LIABILITY:
The Website agrees to protect all data provided by the User for the purpose of using the Website. The Website agrees to manage, store and delete all the data when necessary belonging to the User in light of the circumstances that are raised.
The website shall abide by the provisions laid down in the Information Technology Act and GDPR to protect the data provided by the user for the purpose of using the website.
In light of a scenario where the State Government and the Central Government, or The Courts of appropriate Jurisdiction, or any other appropriate body, in the name of public welfare and cyber security request the website to provide the data so collected from users, then the website shall provide the data, but only under the provisions substantiated by the law.
The website shall take complete precaution and make effort to protect the data provided by the User. But considering situations unfathomable or beyond the control of reasonability, if the there is a data breach by the actions of a third party against public welfare, the website reserves the right to stay indemnified by the User.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the website and its contents, including in relation to any inaccuracies or omissions in the website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
The website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While the website may use reasonable efforts to include accurate and up-to-date information on the website, it does not guarantee the accuracy, timeliness or completeness of the Website.
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the website and the services offered in the website, your access to, use of or inability to use the website or the services offered in the website, reliance on or downloading from the website and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the website and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, the User acknowledges that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the website, or electronic mail transmitted to and from us, will not be monitored or read by others.
LIMITATION OF LIABILITY
VIRTUS MOTORS PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
VIRTUS MOTORS PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
JURISDICTION AND LEGAL ACTION:
Any dispute arising with respect to the usage, services or any other dispute arising from third party shall be referred to Arbitration.
The user agrees to not take any legal action in the courts of India considering a scenario, the User has faced any issue.
The User shall intimate the website and also initiate a discussion leading up to Arbitration if needed. The website reserves the right to take legal countermeasures if the User chooses to take any legal action. The action so taken by us will be on grounds of breach of contract and misuse of the law.
Considering an action caused by a Third party, the User agrees to not initiate any action or proceeding for the damage caused by a third party.
If we suspect any misuse of the website by the User, then we reserve the right to initiate a strict legal action against the User.
The User must from time to time provide proof which is genuine in nature in any Dispute Resolution model. Any action taken without the consent of the website will be treated as a violation of this User Agreement and if it results in any damages sustained by us, then the USER will be dealt with as per the provisions of the Indian Penal Code, Information technology Act, Intellectual Property Laws, Contract Act, etc.
In the event the Parties choose to resolve the dispute via litigation, they agree to limit themselves to the jurisdiction of the courts of State of Maharashtra.
TERMINATION
That the website shall have the sole and exclusive right to unilaterally terminate the account of the User immediately in the following events:
Should it be found that the said User has been engaging in activities that violate the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities.
Should continue in the engagement of such activities despite being given due warnings not do so via mail. Are to manipulate, abuse, twist or mis-interpret the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities for purposes of partaking in activities that are unlawful.
Refusal to make the requisite payments for paid features, if applicable. Harass, intimidate, provoke, abuse, hurt or partake in any unlawful action against the owner and the website, and any other individuals so associated, representatives, agents and even employees of the same. Should the User decide to terminate their account themselves, they may do so only after having: Completed any and all pending payments.
Should not upload, create or share any malicious software, content, virus or destructive algorithm which may cause harm to the other users, website or any other concerned individual / third party.
Breach any part of the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities.
Once the account is so terminated, then the website shall not grant anyone access to the information and the same shall be erased within 90 days from any and all storage servers and other such personalised hardware used for the working of the Platform;
INDEMNITY
The User shall hold harmless and indemnify the owner and the website, and any other individuals so associated, representatives, agents and even employees of the same from any and all claims, demands, actions, attorney’s fees made by any individual or third party due to a breach of the Terms of use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities caused directly / indirectly by the User and/or their actions while utilizing the Platform;
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GRIEVANCE OFFICER:
In the event there is any complaint / clarification / doubt/ issue that the User so seeks to be clarified, they must contact the Grievance Officer as stipulated under Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and the GDPR. Following are the details of the Grievance
Full Name: Ajay Choudary
Email ID: info@virtusmotors.in
Office No. : +91 7981646767
The Grievance Officer shall attempt to resolve any and all issues so brought before him /her in a fair and expeditious manner within 28 business days. After completion of the review the Grievance Officer shall submit a report to the User and the website.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.