Autonism

AGREEMENT OF TERMS OF USE

The platform of "AUTONISM" (includes website, mobile application, services, tools required to make products and/or services available to customers/users) is owned and operated by HIRAY MOTORS OPC PVT. LTD. Throughout the agreement, the terms "we", "us" and "our" refer to the platform "AUTONISM" (hereinafter called as "platform") AUTONISM offers this platform available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Please read these "Terms of Use" carefully before accessing or using our platform. By accessing or using any part of the platform, you agree to be bound by these "Terms of Use". If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services from our platform. We reserve the right to update, change or replace any part of these “Terms of Use” by posting updates without prior notice, effective upon the posting of the revised "Terms of Use". Any new features or tools which are added to the current platform shall also be subject to the “Terms of Use”. You can review the most current version of the “Terms of Use” at any time on this page. We will alert you that changes or revisions have been made by indicating the date of such revision on the top of this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these "Terms of Use".

INFORMATION PROVIDED BY USER / CUSTOMER ("YOU") ON OUR PLATFORM

You agree to provide the information required by us to provide you our products and/or services. You ensure that the information provided by you is true, valid and complete. You agree to inform us promptly if there is/are any change/changes in the information, by updating your details, so that we can communicate with you easily. We believe in protecting user’s privacy and information. Your submission of personal information and other details through the platform is governed by our Privacy Policy.

PLATFORM OF AUTONISM

The platform of AUTONISM constitutes the website, mobile application and other tools owned and operated by “AUTONISM” (the brand owned by HIRAY MOTORS OPC PVT. LTD.) to provide products and/or services to customers. We are not responsible if information made available on this platform is not accurate, complete or current. The contents and/or pictures and/or graphics (collectively “Content”) on this platform are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content on this platform is at your own risk. We reserve the right to modify the content of this platform at any time and you agree that it is your responsibility to monitor changes to our platform.

A) Content, Intellectual Property, Third-Party Links:

In addition to making products and/or services available, this platform also offers information, both directly and through indirect links to third-party websites. AUTONISM does not always create the information offered on this platform; instead, the information is often gathered from other sources. To the extent that AUTONISM does create the content on this platform, such content is protected by the intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the Content may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this platform is for personal, non-commercial use.
Any links to third-party websites are provided solely as a convenience to you. We do not endorse the contents on any such third-party websites. We are 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. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, contents, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
All the symbols/logos/car maker’s logos and/or names are provided for general information and for representative purposes only. We do not endorse any brand and you should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.

B) Use of the Platform:

AUTONISM is not responsible for any damages resulting from the use of this platform by anyone. You will not use the platform for illegal purposes. You will abide by all applicable local, state, national, and international laws and regulations in your use of the platform (including laws regarding intellectual property), not interfere with or disrupt the use and enjoyment of the platform by other users, not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and not defame, harass, abuse, or disrupt other users of the platform.
You agree not to use any automated data collection methods or any data gathering methods of any kind on this platform. relating to this platform. You agree to defend and indemnify AUTONISM and its employees harmless from and against any type of damages resulting from or alleged to result from your use of this platform.  The use of the platform is entirely at your own risk and in no event shall AUTONISM be liable for any direct, indirect, incidental or any other damages, fees, fines, liabilities, judgments, penalties or liabilities (collectively "damages") whatsoever arising out of the use of this platform.

C) Posting:

By posting, storing, or transmitting any content on the platform, you hereby grant AUTONISM 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. AUTONISM does not have the ability to control the nature of the user-generated content offered through the platform. You are solely responsible for your interactions with other users of the platform and any content you post. AUTONISM is not liable for any damage or harm resulting from any posts by or interactions between users. AUTONISM reserves the right but has no obligation, to monitor and remove any content AUTONISM deems objectionable.

PRODUCTS AND SERVICES

You agree not to reproduce, duplicate, copy, sell, resell or exploit any product and/or service or portion of the product and/or services, use of the product and/or service, or access to the product and/or service or any contact on the platform through which the product and/or service is provided, without express written permission by us. We reserve the right to refuse the product and/or service to anyone for any reason at any time.

Prices for our product and/or services are subject to change without notice. You agree not to take any objection to such changes. You also agree to pay applicable taxes on purchasing products and/or services from our platform.

We reserve the right at any time to modify or discontinue the product and/or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product and/or service.

We reserve the right but are not obligated, to limit the sales of our products and/or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by- case basis. We reserve the right to limit the quantities of any products and/or services that we offer. All descriptions of products and/or services or pricing of products and/or services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product and/or service at any time. Any offer for any product and/or service made on this platform is void where prohibited.

WARRANTIES


Your use of this platform and/or services is at your sole risk. Autonism expressly disclaims all warranties of any kind, whether express or implied with respect to the platform.

Without limiting the generality of the foregoing, AUTONISM makes no warranty:

  1. That the information provided on the platform is accurate, reliable, complete, or timely.
  2. That your use of our product service will be uninterrupted, timely, secure or error- free.
  3. That the results that maybe obtained from the use of the product and/or service will be accurate or reliable.
  4. That the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
  5. That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  6. That the platform is free of errors, defects, and mistakes.

No advice or information, whether oral or written, obtained by you from this platform will create any warranty not expressly stated herein. You expressly agree that your use of, or inability to use, the platform is at your sole risk. The service and all products and services delivered to you through the platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

REFUND AND CANCELLATION

All the sales of our services and/or products are final with no refund or exchange or cancellation permitted. We aim for the complete satisfaction of our customers. So, in case of any claim due to non-satisfaction after purchasing products and/or services from our platform, we will consider your request for the refund and take a decision after thorough investigation. Our decision will be final and you will not raise any objection against it. You also agree to inspect the service and/product availed from our platform. In case of any third-party products and/or services availed from our platform, we are not responsible for the quality, warranty and any claim regarding the refund and/or cancellation and/or exchange will be entertained by us.

LIABILITIES AND INDEMNIFICATION

You will release, indemnify, defend and hold harmless Autonism, and any of its contractors, agents, employees, officers, directors, managers, 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 this Agreement or the breach of your warranties, representations and obligations under this Agreement; the platform content or your use of the platform content; the products and services or your use of the products and services any intellectual property or other proprietary rights of any person or entity; your violation of any provision of this Agreement; or any information or data you supplied to Autonism. In case we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify Autonism; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the platform content or services, with our choice of counsel. We 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 Autonism against any claim, but you must receive our prior written consent regarding any related settlement.

ERRORS, INACCURACIES AND OMISSIONS

There may be information on our platform that contains typographical errors, inaccuracies or omissions that may relate to product and service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the platform, including without limitation, pricing information, except as required by law. No specified update or date of revision applied on the platform should be taken to indicate that all information on the platform has been modified or updated.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If you send certain specific submissions (for example, feedback) or with or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; to pay compensation for any comments; to respond to any comments; or to pay any kind of royalty.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement of Terms of Use.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PROHIBITED USES

In addition to other prohibitions set forth in this Agreement of Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any state, national and/or international regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the platform, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the platform, other websites, or the Internet. We reserve the right to terminate your use of the platform for violating any of the prohibited uses.

GENERAL

  1. We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
  2. We may at any time, in our sole discretion and without advance notice to you, cease operation of the platform.
  3. This Agreement comprises the entire agreement between you and us and supersedes any prior agreements pertaining to the subject matter contained herein.
  4. Our failure 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.
  5. We reserve the right to terminate your access to the platform 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 platform and we may, in our sole discretion and without advance notice to you, cancel any outstanding orders for products and/or services. If your access to the platform is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access of the platform. This Agreement will survive indefinitely unless and until Autonism chooses, in its sole discretion and without advance to you, to terminate it.

ENTIRE AGREEMENT OF TERMS OF USE

The failure of AUTONISM to exercise or enforce any right or provision of this Agreement of Terms of Use shall not constitute a waiver of such right or provision.

This Agreement of Terms of Use and any policies or operating rules posted by us on the platform constitutes the entire agreement and understanding between you and us and govern your use of the platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of this Agreement of Terms of Use shall not be construed against the drafting party.

If any provision of this Agreement of Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement of Terms of Use.

SEVERABILITY

In the event that any provision of this Agreement of Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law and Dispute Resolution

This Agreement and any separate agreement whereby we provide you products and/or services shall be governed by and shall be construed in accordance with the laws of the Maharashtra state. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Neither you nor Autonism 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 Maharashtra State.

CONTACT INFORMATION

Questions about this Agreement of Terms of Use should be sent to us at contact@autonism.com.

Updated on 26/04/2020

 
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