In this document the following words and phrases have the meanings set opposite them unless the context indicates otherwise: Affiliate of Pratham Motors Private Limited shall mean and include:
For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organization or other body whatsoever.
Advisor Means a person appointment by Pratham motors Pvt Ltd to give advice the Customers on the products and services sold by Pratham Motors Pvt Ltd .
Call Center means the call center set up by Pratham Motors Private to help Customers of Pratham Motors with respect to various transactions and to furnish information etc.
Customer means a Policyholder accessing the Web Site for obtaining information on Pratham Motors Pvt Ltd , including access to all facilities that are or may be provided / offered to the Visitors, Customers and from time to time on the Web Site.
Pratham Motors Pvt Ltd means Pratham Motors Pvt Ltd a company incorporated under the Companies Act, 1956 and having its registered office at Suite No.702, 9, Bharakamba Road, Nilgiri Place, New Delhi - 110001.
Terms or Terms and Conditions means the terms and conditions for use of the Web Site, as specified herein, by Visitors and Customers.
Visitor means any person having access to the Web Site for general information about Pratham Motors and its products and other facilities offered from time to time on the Web Site.
Web Site means the portal located at the URL www.prathammotors.com.
You/Your means the Visitor or Customer, as may be applicable. In this document, all references to the Visitor or Customer in masculine gender shall be deemed to include the feminine gender and singular includes plural and vice versa and the word "includes" should to be construed as "without limitation".
These Terms and Conditions, in so far as they refer to the Visitor and Customer, form the contract and agreement between such Visitor/Customer and Pratham Motors unconditionally.
Pratham Motors reserves the right to add, amend, revise suspend or cancel in whole or in part any of the services which are, or may become, part of the Web Site, without any prior notice to the Visitors or Customers. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers. Pratham Motors may introduce new services in relation to the Web Site from time to time. The existence and availability of the new services will be notified on the Web Site as and when they become available and any revisions in the Terms and Conditions will take place in accordance with these Terms and Conditions.
By accessing the Web Site, the Visitor acknowledges and accepts these Terms and Conditions.
The availability of the information and guidance as part the Web Site does not constitute a recommendation by Pratham Motors, to buy any policies etc. discussed therein by Pratham Motors or any of their personnel. Any decisions will be based solely on the Visitor's own evaluation of the policies / products of Pratham Motors, and his/her need for the same. While adequate care would be taken to ensure completeness, accuracy etc of the information/services provided, neither Pratham Motors nor any of their personnel shall in any circumstance be liable for any loss or damage caused by a Visitor's reliance on information obtained through the Web Site. It is the sole responsibility of the Visitor to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the Visitor should consult his/its own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given.
The Customer irrevocably and unconditionally authorises Pratham Motors to carry out his instructions, effecting such transactions as may be permitted by Pratham Motors from time to time, in accordance with these Terms and such other terms as may be specified by Pratham Motors. Certain transactions would be effected only after the Customer authorises it by using the Customer/Transaction Password and Pratham Motors shall have no obligation to verify the authenticity of any such duly authorised transaction.
In respect of any transactions which may be permitted by Pratham Motors from time to time, Pratham Motors own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. More particularly, the record of Pratham Motors generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
The Web Site is maintained by Pratham Motors and your use of the Web Site is subject to the Terms and Conditions and all applicable Indian laws. This Website is offered to you on the condition that you accept the Terms and Conditions contained herein, without modification or reservation of any of the terms, conditions and notices contained herein and by accessing and browsing this Website, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Pratham Motors are superseded and of no force or effect. This Web Site may contain links to other websites, web-pages and services also operated by Pratham Motors and / or its Affiliates (the "Pratham Motors Sites"), and your use of each Pratham Motors Site is also subject to the Terms and Conditions and other terms and guidelines, if any, contained within each such Pratham Motors Site. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms and Conditions or other terms and guidelines contained within any particular Pratham Motors Site, then the Terms and Conditions and other terms and guidelines for such MARUTI Site shall prevail. You hereby agree and confirm that you shall click on the links to, and familiarize yourself with the terms and conditions and other terms and guidelines found throughout this Web site and the Pratham Motors Sites and abide by them if you choose to use the sites, pages or services to which they apply. You should assume that everything you see or read on the Website (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively "the Content") is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the prior written permission of Pratham Motors. Pratham Motors neither warrants nor represents that your use of materials displayed on the Website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with Pratham Motors. The disclaimer as set forth herein is in addition to the legal disclaimer as specified in the website www.prathammotors.com.
The Website is deemed to be in use when it is loaded in temporary or permanent memory of your computer.
You agree to use the Web Site strictly for your personal use. You agree not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree not to use, transfer, distribute or dispose of any information contained in the Web Site in any manner that could compete with the business of Pratham Motors or otherwise compromise or imperil the interests of Pratham Motors. You acknowledge that the Web Site has been developed, compiled, prepared, revised, selected and arranged by Pratham Motors and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of Pratham Motors and such others. You agree to protect the proprietary rights of Pratham Motors and all others having rights in the Web Site or its content during and after the term of this agreement and to comply with all reasonable written requests made by Pratham Motors or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Web Site. You agree to notify Pratham Motors in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. You may download and retrieve data from the Web Site on your computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other storage device connected to a network) for your exclusive personal use only. You further acknowledge that all the intellectual property in the Web Site continues to vest with us.
Although Pratham Motors may, from time to time, monitor or review any facilities, if established or otherwise offered at the Web Site for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Pratham Motors is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Web Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Pratham Motors will fully cooperate with any law enforcement authorities or court order requesting or directing Pratham Motors to disclose the identity of anyone posting any such information or materials.
We reserve the right to deny to you, at our sole discretion, access to the Web Site, including any portion thereof, without any prior notice.
We grant you the right to access this Web Site in accordance with these terms and conditions, and for no other purpose. Please note that the services and content on the Web Site, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, Pratham Motors and/or by Pratham Motors 's suppliers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries. The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Web Site, are registered and unregistered Trademarks of Pratham Motors and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Pratham Motors or such third party that may own the Trademarks displayed on the Web Site. Your misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Pratham Motors will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.
The linked websites are not under our control and we are not responsible for the contents of any such linked website or any link contained in a linked website, advertisements appearing in or products offered by or any changes or updates to such websites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website.
Software or information (if any) that is made available to download from this Web Site ("Software") is the copyrighted work of Pratham Motors and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included in the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
You agree, at your own expense, to indemnify, defend and hold harmless Pratham Motors, its directors and employees, representatives, suppliers and Advisors, against any claim, suit, action or other proceeding brought against Pratham Motors, its directors and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceeding brought against Pratham Motors, its directors and employees, representatives, suppliers and Advisors is based on or arises in connection with the use of this Web Site, or any links therein, including, but not limited to :
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising 911 from any such claim, suit, action or proceeding attributable to any such claim.
You expressly agree that use of the Web Site is at your sole risk. The Web Site is provided on an "as is" and "as available" basis.
Except as warranted in these Terms and Conditions, we expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement.
We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc in this Web Site or any part thereof.
We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, and deletion, defect of any information, research, reports, analysis, quotes etc in this Web Site or any part thereof.
We shall not incur any liability direct or indirect, to you or any third party, as a consequence of non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment.
We do not warrant that access to the Web Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the Web Site or as to the accuracy or reliability of the content contained therein.
We make no warranty regarding the transactions entered into through the Web Site. No advice or information, whether oral or written, obtained by you from or through the Web Site or any person shall create any warranty not expressly stated herein.
We shall not be liable for any action taken by you based on or relying on the information provided in or by the Web Site.
We will not be liable for any virus that may enter your system as a result of you using the Web Site. We make no guarantees to you or third parties that the content contained on the Web Site would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of your use of the Web Site.
If you are dissatisfied with any portion of this Web Site or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Web Site.
Use of "cookie" file features
Pratham Motors reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Web Site to reflect users' preferences.
Under no circumstances, including but not limited to negligence, shall Pratham Motors, its employees and directors, its suppliers and its third party Advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Web Site, with the delay or inability to use this Web Site or any links or items on the Web Site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Web Site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Web Site or obtained or messages received or transactions entered into through or from the Web Site or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Web Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Web Site.
Pratham Motors has the absolute discretion to amend or supplement any of these Terms at any time and will endeavour to give prior notice of five days for such changes wherever feasible. The modifications to the Terms shall be displayed on the Web Site. In the case where the Customer no longer wishes to use the Web Site on such new terms and conditions he/she is entitled to terminate his/her relationship in accordance with the termination clause in these Terms. On and from the date on which the amendment or supplement is notified by display on the Web Site, the Customer shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed terms and conditions by his further use/access or visit to the Web Site.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. Notices
If you have any questions you may contact us at email@example.com
You can also go through the Terms & Conditions before you download the Claims forms and the Terms & Conditions before you download the Proposal forms