Terms and Conditions
Welcome to MotorBhai!
These terms and conditions outline the rules and regulations for the use of MotorBhai Technologies Pvt Ltd’s Website, located at www.motorbhai.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use MotorBhai if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, MotorBhai Technologies Pvt Ltd and/or its licensors own the intellectual property rights for all material on MotorBhai. All intellectual property rights are reserved. You may access this from MotorBhai for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from MotorBhai
- Sell, rent or sub-license material from MotorBhai
- Reproduce, duplicate or copy material from MotorBhai
- Redistribute content from MotorBhai
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. MotorBhai Technologies Pvt Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of MotorBhai Technologies Pvt Ltd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, MotorBhai Technologies Pvt Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
MotorBhai Technologies Pvt Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant MotorBhai Technologies Pvt Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MotorBhai Technologies Pvt Ltd; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to MotorBhai Technologies Pvt Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of MotorBhai Technologies Pvt Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
After going through the Buyer Terms and conditions thoroughly, we hope you have signified the terms and conditions of our website. If you do not agree to any of these terms and conditions, please feel free to avoid our service, the services (as defined below) are provided by MOTORBHAI, which, along with its products and its services is referred to as “MOTORBHAI” in these terms and services.
We may update our information on our website time to time and notify you about the same, but we recommend you to periodically review to the most up to date version. MOTORBHAI, in its sole discretion, may modify or revise these Terms of Services and policies at any time and you agree to be bound by such modifications or revisions. Nothing in these terms and conditions shall be deemed to confer any third party.
Terms Of Services
Here are the terms and conditions, on which MOTORBHAI has agreed to provide transaction facilitations services to the buyer. These are mentioned below.
The buyer should acknowledge that MOTORBHAI provides a transactional facilitation service and will take a stated commission (as mentioned below) for completed transaction. As a result MOTORBHAI does not guarantee the safety, legality, or quality of the purchased vehicle. The buyer may wish to withdraw from negotiations at any time without penalty, but not when it is agreed- upon sale. At which point the negotiation process is deemed to be complete.
The Buyer must acknowledge that MOTORBHAI is not an E-Commerce marketplace. And it only acts as a classified publishing platform and provider of transaction facilitation services for the sale of vehicles to help willing buyers and sellers to buy and sell their desired two wheelers. Buyer also must acknowledge that MOTORBHAI isn’t acting as a trustee, fiduciary, or escrow with respect to the Buyer’s funds.
The Buyer also must acknowledge that MOTORBHAI shall use commercially reasonable efforts to attempt to provide the Services contemplated under the terms of this document to the Buyer. MOTORBHAI shall not negotiate with the seller on behalf of the Buyer and will not be responsible in the event if the buyer is unable to procure a vehicle by obtaining the Services.
The buyer must agree to share their contact details with the MOTORBHAI team and the selected seller(s) for correspondence, communication and any other service related issue.
MOTORBHAI shall not entertain any request for cancellation/ return post the successful handover of the vehicle on the basis of the condition of the vehicle. And the buyer must meet the seller as per the mutually agreed date, time and place of inspection of vehicle.
The buyer has specifically acknowledged that the buyer shall be making payment of the vehicle to the seller and taking delivery there of the vehicle on “as is where is” basis and MOTORBHAI shall not be liable for any payment related discrepancy/disputes.
The buyer must agree to pay the Service Charges to MOTORBHAI for using its services. This would be based on the agreed sales price of the two wheeler between the buyer and the seller. Details of the service charges will be shared with the buyer before initiating the transaction.
The photos on the website of the particular two wheeler, are to the best manual ability, and the buyer must come to the designated place to inspect and check the actual condition of the vehicle.
The Buyer agrees to pay MOTORBHAI a non-refundable token amount for the selected vehicle post the inspection.
MOTORBHAI will not entertain any request for cancellations/return post the successful handover of the vehicle on basis of the condition of the vehicle.
The Buyer agrees that it is the responsibility of the Buyer to take the final delivery from the Seller.
The Buyer shall provide the following documents with the Buyer Transaction Form to MOTORBHAI with the token amount for authentication and identification purposes:
Government Bank Passbook
Stamped Form 34 (in case of loan applicants)
Any Sale exceeding INR 10 Lacs shall be liable to TCS u/s 206 C of the IT Act 1961 @1%, which shall be collected from the Buyer over and above the final Buyer price by the seller.
Any Sale exceeding INR 50 Lacs shall be liable to TCS @0.1%, which shall be collected from the buyer over and above the final buyer price, if applicable by the seller.
In the event, if a loan is availed from any MOTORBHAI group companies, the processing time for such a loan shall be 10 working days from the date of application for such a loan.
In case of loan defaults, loan rejections due to discrepancies at the Buyer’s end or incorrect/ insufficient information furnished or non-cooperation by the Buyer for verification/ validation of documents/ premises, etc. on account of the Buyer, the complete token amount might be forfeited subject to the discretion of the management team at MOTORBHAI.
Any misbehaviour or improper conduct by the Buyer shall be unacceptable and might lead to cancellation of the transaction and potential legal actions.
The Buyer agrees that MOTORBHAI shall not be liable for any refurbishment of the vehicle owing to the company policies.