Terms and Conditions – CLUTCHEAL
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading details, or using the Clutcheal website located at Clutcheal.com, and all associated sites linked to Clutcheal.com, or any similar platform (hereinafter collectively, the Clutcheal Platform run by Clutcheal Services Pvt. Ltd., having its registered office at Gera’s Imperium Rise, Office 137, Phase 2, Hinjewadi, PCMC, Pune, Maharashtra – 411057, India and/or any of its affiliates (hereinafter collectively, Clutcheal ) on any device and/or before availing any services offered by Clutcheal on the Clutcheal Platform which may include services such as buying a used two-wheeler, selling a used two-wheeler, leasing of two wheelers and purchasing accessories or any other service that may be offered by Clutcheal on the Clutcheal Platform (hereinafter individually, and collectively, the Clutcheal Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Clutcheal Services, whether offered by Clutcheal Services Pvt. Ltd. or its affiliates.
Acceptance:
By registering on, accessing, browsing,
downloading details, or using the Clutcheal Platform for any general-purpose or
for the specific purpose of availing any Clutcheal Service, you agree to be
bound by the terms and conditions set forth below as well as by the
service-specific terms and conditions applicable to each Clutcheal Service
(hereinafter collectively, the T&Cs). These T&Cs shall also include any
additional or modified terms and conditions in relation to any additional or
modified service-specific terms and conditions in relation to any Clutcheal
Service or any future service that may be offered by Clutcheal on the Clutcheal
Platform. By registering on, accessing, browsing, downloading details, or using
(as applicable) the Clutcheal Platform or availing of any Clutcheal Service,
you automatically and immediately agree to all the T&Cs.
If at any time you do not accept or agree with any of the T&Cs or do not
wish to be bound by the T&Cs, you may not access, browse or use the Clutcheal
Platform and immediately terminate your availing the Clutcheal Services.
Accepting or agreeing to the T&Cs will constitute a legal contract
(hereinafter Agreement) between you, being at least 18 years of age, and an
individual user of the Clutcheal Platform or a customer or beneficiary of the Clutcheal
Services, and Clutcheal.
All services are rendered by Clutcheal through the Clutcheal Platform under the
brand name “Clutcheal” (or any derivatives or variations thereof).
Consequently, all the rights, benefits, liabilities, and obligations under the
T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Clutcheal,
regarding your use of Clutcheal’s digital services or any such other services
which may be added on the Clutcheal Platform and which will henceforth be a Clutcheal
Service, from time to time.
The Clutcheal Services shall be used by you subject to your adherence with the
T&Cs. As long as you accept and comply with these T&Cs, Clutcheal
grants you a personal, non-exclusive, non-transferable, limited, revocable
privilege to enter and use the Clutcheal Platform and/or avail the Clutcheal
Services.
Other Terms and Conditions:
Additional terms and conditions may apply in order for you to avail specific Clutcheal Services and to specific portions or features of the Clutcheal Platform, including contests, promotions, or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.
If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Clutcheal Platform or for any Clutcheal Service offered on or through the Clutcheal Platform, the latter terms shall control with respect to your use of that portion of the Clutcheal Platform or the specific Clutcheal Service.
Clutcheal may make changes to any Clutcheal Services offered on the Clutcheal Platform, or to the applicable terms for any such Clutcheal Services, at any time, without notice.
The materials on the Clutcheal Platform with respect to the Clutcheal Services may be out of date, and Clutcheal makes no commitment to update the materials on the Clutcheal Platform with respect to such Clutcheal Services.
User Information and Participating Platforms:
Clutcheal offers you the opportunity to voluntarily share your contact details on Clutcheal and Clutcheal Platforms.
This information is used for tracking a user’s purchase and sales journey and may be provided to participating platforms or Clutcheal Partners in the event of a promotion, sale, offer, or for regular business.
With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Clutcheal’s user information is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions.
These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Clutcheal is solely responsible only for those content that it actually operates.
For Clutcheal registered users, these T&Cs apply exclusively, whereas, for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs.
The user information shall be owned and operated by Clutcheal Services Pvt. Ltd. for use on all Participating Platforms, by Clutcheal Services Pvt. Ltd., or its affiliates. For the use of Clutcheal’s services, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration. Clutcheal cannot be held liable for any incorrect information provided by users. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties or to disclose them otherwise. The user is obliged to inform Clutcheal immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure, and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides an invitation to us to make an offer to enter into the agreement. Clutcheal is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Clutcheal) are in all respects complete, true, accurate, and not misleading. Any changes to the user’s data should be promptly updated correctly in its account.
Communication Policy:
By accepting the T&Cs, you accept the
following:
Clutcheal may send alerts to the mobile phone number provided by you while
registering with the Clutcheal Platform or on any updated mobile number
subsequently provided by you on the Clutcheal Platform, or via email. The
alerts will be received in case of SMS, only if the mobile phone is in ‘On’
mode to receive the SMS, in case of an e-mail, only if the email servers and
email ids are functional. If the mobile phone is in ‘Off’ mode or if the email
servers or ids are not functional, then you may not get the alert at all or get
delayed messages.
Clutcheal will make best efforts to provide alerts via SMS/e-mail and it shall
be deemed that you shall have received the information sent from Clutcheal as
an alert on the mobile phone number or e-mail id provided during the course of
or in relation to, using the Clutcheal Platform or availing any Clutcheal
Services. Clutcheal shall not be under any obligation to confirm the
authenticity of the person(s) receiving the alert. You cannot hold Clutcheal
liable for the non-availability of the SMS/email alert service in any manner
whatsoever.
The SMS/email alert service provided by Clutcheal is an additional facility
provided for your convenience and that it may be susceptible to error,
omission, and/or inaccuracy. In the event that you observe any error in the
information provided in the alert, Clutcheal shall be immediately informed
about the same by you and Clutcheal will make the best possible efforts to
rectify the error as early as possible. You shall not hold Clutcheal liable for
any loss, damages, claim, expense including legal cost that may be
incurred/suffered by you on account of the SMS/e-mail alert facility.
The clarity, readability, accuracy, and promptness of providing the SMS/email
alert service depend on many factors including the infrastructure and
connectivity of the service provider. Clutcheal shall not be responsible for
any non-delivery, delayed delivery, or distortion of the alert in any way
whatsoever.
You will indemnify and hold harmless Clutcheal and the SMS/e-mail service
provider including its officials from any damages, claims, demands,
proceedings, losses, costs, charges, and expenses whatsoever including legal
charges and attorney’s fees which Clutcheal or the SMS/e-mail service provider
may at any time incur, sustain, suffer or be subjected to as a consequence of,
or arising out of, any of the following: (i) misuse by you or improper or
fraudulent information provided by you; (ii) incorrect number or a number that
belongs to an unrelated third party provided by you; and/or (iii) the customer
receiving any message relating to the buying/ selling a used two-wheeler,
reservation, meeting scheduling, shipment updates, and other services from Clutcheal
and/or the SMS/e-mail service provider.
You will receive information via SMS, e-mail, and phone call regarding what Clutcheal
perceives to be of interest based on your usage history and browsing history
(which information may be shared by Clutcheal Services Pvt. Ltd. with its
affiliates). This includes providing information relating to offers, discounts,
and general information by Clutcheal. In case you do not want such information,
you have to explicitly ask to be excluded.
Use of Clutcheal Platform:
You understand that except for information, products or services clearly indicated as being supplied by Clutcheal, we do not operate, control, or endorse any information, products, or services on the Internet in any way. You also understand that Clutcheal cannot and does not guarantee or warrant that files available for download through the Clutcheal Platform will be free of viruses, worms, or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for the accuracy of data input and output.
Prohibited Conduct:
By accessing or using the Clutcheal Platform or by availing Clutcheal Services, you agree not to:
Violate the T&Cs.
Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Clutcheal Services, perform any other similar fraudulent activity or otherwise avail Clutcheal Services with what we reasonably believe to be potentially fraudulent funds;
Infringe our or any third party’s intellectual property rights, rights of publicity, or privacy;
Use the Clutcheal Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Clutcheal Services if you are under the age of 16 years old even with a parental sponsor and in accordance with applicable law;
Post or transmit any message which is libelous, defamatory, or which discloses private or personal matters concerning any person;
Post or transmit any message, data, image, or program which is pornographic, vulgar, or offensive in nature;
Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provided by you to Clutcheal;
Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Clutcheal Services and the Clutcheal Platform or features that enforce limitations on the use of the Clutcheal Services or the Clutcheal Platform;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Clutcheal Services or Clutcheal Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
Use the Clutcheal Services or the Clutcheal Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Clutcheal Services or the Clutcheal Platform in an automated manner;
Modify, adapt, translate or create derivative works based upon the Clutcheal Services and the Clutcheal Platform or any part thereof, except and only to the extent that this is permissible by applicable law;
Intentionally interfere with or damage operation of Clutcheal Services or the Clutcheal Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
Use any robot, spider, other automatic devices, or manual process to monitor or copy the Clutcheal Platform without prior written permission;
Interfere or disrupt the Clutcheal Platform or networks connected to the Clutcheal Platform;
Take any action that imposes an unreasonably or disproportionately large load on Clutcheal’s infrastructure/network;
Use any device, software, or routine to bypass the Clutcheal Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Clutcheal Services;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Clutcheal Platform or to manipulate your presence on the Clutcheal Platform;
Sell the Clutcheal Services, information, or software associated with or derived from it;
Use the facilities and capabilities of the Clutcheal Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
Breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; Provide false, inaccurate, or misleading information;
Provide false, inaccurate, or misleading information;
Use the Clutcheal Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Clutcheal Platform, except and only as expressly provided in the T&Cs;
Avail Clutcheal Services with what Clutcheal reasonably believes to be potentially fraudulent funds;
Use the Clutcheal Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Clutcheal, a third party or you;
Use the Clutcheal Services in a manner that Clutcheal or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
Take any action that may cause Clutcheal to lose any of the Clutcheal Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors, or other suppliers;
Send automated request of any kind to the Clutcheal Platform without express permission in advance from Clutcheal;
Termination; Agreement Violations:
You agree that Clutcheal, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Clutcheal Services/Clutcheal Platform and remove and discard on the Clutcheal Platform all or any part of your account, your user profile, or your recipient profile, at any time. Clutcheal may also in its sole discretion and at any time discontinue providing access to the Clutcheal Services, or any part thereof, with or without notice. You agree that any termination of your access to the Clutcheal Services/Clutcheal Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Clutcheal will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Clutcheal may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Clutcheal Services/Clutcheal Platform.
Limitation of Liability and Damages:
In no event, Clutcheal or its contractors, agents, licensors, partners, or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Clutcheal Services, the Clutcheal Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Clutcheal Services, the Clutcheal Platform (including any and all materials) or any reference sites/app/platform/service, even if Clutcheal or a Clutcheal authorized representative has been advised of the possibility of such damages. In no event, Clutcheal or any of its contractors, directors, employees, agents, third-party partners, licensors, or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Clutcheal Services, the Clutcheal Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Clutcheal services, the Clutcheal Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Clutcheal, however, caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Clutcheal Service or the Clutcheal Platform giving rise to the cause of action, or beyond or in excess Rs.1,000, whichever is lesser. You acknowledge and agree that Clutcheal has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Clutcheal, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Clutcheal. Clutcheal would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Clutcheal’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification:
You agree to indemnify, save, and hold Clutcheal, its affiliates, contractors, employees, officers, directors, agents, and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Clutcheal Services or of the Clutcheal Platform; (ii) any violation by you of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein. Clutcheal reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Clutcheal, including rights to settle, and you agree to cooperate with Clutcheal’s defense and settlement of these claims. Clutcheal will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer:
No Warranties:
To the fullest extent permissible pursuant to applicable law, Clutcheal and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express, or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Clutcheal or through the Clutcheal Services or the Clutcheal Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Clutcheal” includes Clutcheal’s officers, directors, employees, shareholders, agents, licensors, subcontractors, and affiliates. You acknowledge that Clutcheal is a reseller of used two-wheelers and is not liable for any third-party obligations due to rates, quality, and all other instances. You expressly agree that the use of the Clutcheal Services on the Clutcheal Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the site or on the Internet generally. Clutcheal does not warrant that the Clutcheal Services will be uninterrupted or error-free or that defects in the site will be corrected. The Clutcheal Services and the Clutcheal Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Clutcheal and its third party suppliers, licensors, and partners do not warrant that the data, Clutcheal software, functions, or any other information offered on or through the Clutcheal Services/Clutcheal Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Clutcheal and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Clutcheal Services/Clutcheal Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Clutcheal Services/Clutcheal Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Clutcheal be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Clutcheal Platform.
Ownership:
Proprietary Rights:
The Clutcheal Services and the Clutcheal Platform are owned and operated by Clutcheal and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Clutcheal Services and the Clutcheal Platform provided by Clutcheal (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between, you and Clutcheal, all Materials, trademarks, service marks, and trade names contained on the Clutcheal Platform are the property of Clutcheal and/or third-party licensors or suppliers. You agree not to remove, obscure, or alter Clutcheal or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Clutcheal Services/Clutcheal Platform. Except as expressly authorized by Clutcheal, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Clutcheal reserves all rights not expressly granted in this Agreement. If you have comments regarding the Clutcheal Services and/or the Clutcheal Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Clutcheal, and shall assign to Clutcheal, all rights, title, and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement:
Clutcheal reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting a notification on the Clutcheal Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Clutcheal Platform, availing the Clutcheal Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy are to terminate your use of the Clutcheal Services/Clutcheal Platform. For certain changes, Clutcheal may be required under applicable law to give you advance notice, and Clutcheal will comply with such requirements. Your continued use of the Clutcheal Platform following the posting of changes will mean that you accept and agree to the changes.
Notice
Clutcheal may provide you with notices and
communications by email, SMS, push notifications, regular mail, or postings on
the Clutcheal Platform or by any other reasonable means. Except as otherwise
set forth herein, notice to Clutcheal must be sent by courier or registered
mail to Clutcheal Services Pvt. Ltd., 466, Shop No. 3, Rasta Peth, Shan
Classic, Nr Power House Pune, 41101, Maharashtra, India Waiver
The failure of Clutcheal to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision. Any waiver
of any provision of this Agreement will be effective only if in writing and
signed by Clutcheal.
Dispute Resolution
If any dispute, controversy, or claim arises under this Agreement or in relation to any Clutcheal Service or the Clutcheal Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Clutcheal may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be PUNE and the language of this arbitration shall be English. Either you or Clutcheal may seek any interim or preliminary relief from a court of competent jurisdiction in pune necessary to protect the rights or the property belonging to you or Clutcheal (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Clutcheal may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Clutcheal. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Clutcheal must be resolved by a court having jurisdiction in PUNE, India. You agree to submit to the personal jurisdiction of the courts located within PUNE, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid, or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Assignment; Restrictions on Information Sharing; Privacy
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without Clutcheal’s prior written consent which may be withheld in Clutcheal’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Clutcheal freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, you agree to be customers of Clutcheal (including, each of Clutcheal Services Pvt. Ltd. and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring Clutcheal’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Clutcheal Platform and availing the Clutcheal Services by you subject to any specific terms and conditions imposed by any affiliate of Clutcheal; (c) for receiving communications, notices and information from any Clutcheal Services Pvt. Ltd. or any affiliate of Clutcheal Services Pvt. Ltd.; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between Clutcheal Services Pvt. Ltd.and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Clutcheal’s customers (including you); (ii) provision of better services by Clutcheal’s vendors; (iii) to prevent any breach of a binding agreement between Clutcheal Services Pvt. Ltd. and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Clutcheal or by any affiliate of Clutcheal; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Clutcheal Services Pvt. Ltd. or any affiliate; or (vi) Clutcheal Services Pvt. Ltd. retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times Clutcheal Services Pvt. Ltd. or its affiliates may make certain personal information available to affiliates, and strategic partners that work with Clutcheal to provide products and services, or that help Clutcheal market to customers. Personal information will only be shared by Clutcheal to provide or improve Clutcheal’s products, services, and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Clutcheal, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in Clutcheal’s products and services, offering any products or services from any Clutcheal Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Clutcheal to disclose your personal information. Clutcheal may also disclose information about you if Clutcheal determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Clutcheal may also disclose information about you if Clutcheal determines that disclosure is reasonably necessary to enforce the T&Cs or protect Clutcheal’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Clutcheal’s business or products or services offered through any Clutcheal Platform to any persons (including any affiliates), Clutcheal may transfer any and all personal information that Clutcheal collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013), or associate company (as defined in the Companies Act, 2013) of Incredible Technologies; or (b) a person under the control of or under common control with Incredible Technologies; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Clutcheal Services Pvt. Ltd. (calculated on a fully diluted basis). For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Clutcheal), means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organization or other body whatsoever. Clutcheal’s privacy policy applies to the use of the Clutcheal Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Clutcheal Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Clutcheal Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This Agreement is the entire agreement between you and Clutcheal relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Clutcheal in accordance with the terms of this Agreement.
Bill Payments and Digital Products Terms & Conditions
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Clutcheal website located at Clutcheal.com, and all associated sites linked to Clutcheal.com, or the Clutcheal mobile application or any similar platform (hereinafter collectively, the Clutcheal Platform) run by Clutcheal Services Pvt. Ltd., having its registered office at 466, Shop No. 3, Rasta Peth, Shan Classic, Nr Power House Pune 411011, Maharashtra, India, and/or any of its affiliates (hereinafter collectively, Clutcheal Services Pvt. Ltd.or Clutcheal) on any device and/or before availing any products related services offered by Clutcheal on the Clutcheal Platform (hereinafter, individually Clutcheal Service and collectively, the Clutcheal Services).
Eligibility
The Clutcheal Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Clutcheal from availing the Clutcheal Digital Services or accessing the Clutcheal Platform. By accepting the T&Cs or by otherwise using the Clutcheal Digital Services on the Clutcheal Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Clutcheal, or disqualified for any other reason. In addition, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Clutcheal reserves the right to suspend or permanently prevent you from availing of Clutcheal Digital Services or using the Clutcheal Platform.
General Terms & Conditions
Clutcheal will provide a 3 days of free repairs
on bikes that are 150 cc and below only. To get the benefit of warranty customer
has to pay an additional amount of Rs.2000. This warranty protects you against
the cost of repair and replacement of components of the Engine and Gearbox only
for 7 months. Clutcheal facilitates an old bike to new bike exchange. Clutcheal
reserves the right to change/modify/add/delete any of the terms and conditions
applicable on different promotional schemes introduced in the market from time
to time. Clutcheal can extend or terminate the offers/sale, without prior
information at any point of time. In case of any query pertaining to the offer,
or voucher, please contact our customer care by emailing us at [email protected]
or call on +918484946460 Monday to Sunday from 10.00 am to 8.00 pm. Clutcheal
reserves the right to cancel any reservation/order placed using promotional
vouchers. Some situations where your reservation/order may be cancelled include
without limitation, misuse of any promotional vouchers, unauthorized usage of
vouchers or inaccuracies of voucher pricing, technical glitches, and value
thresholds. The discount amount will not be refunded in such cases. Two or more
offers cannot be clubbed together, until and unless specified otherwise. Offer
may not be applicable for all products on the website. Special coupons should
be redeemed within the limited period and validity once expired, cannot be
extended later. If a customer wants to return a product, the same offer will
not be provided again. Customers need to opt for ongoing offers available on
our website. All offers are subject to time validity. The voucher cannot be
exchanged in cash or kind. Clutcheal reserves the right to exercise its
discretion with respect to claims made, the time period, applicability, and
availability of bikes. All disputes will be at the discretion of Clutcheal and
will be subject to the exclusive jurisdiction of PUNE courts only. If there is
any technical issue and the order gets placed with the incorrect discount
amount, Clutcheal reserves the right to cancel that order. If any orders are
placed due to a technical error, Clutcheal reserves the right to cancel that
order without any prior information. Terms and Conditions for Ownership
Transfer
The ownership of bikes will be transferred to the Buyer by Clutcheal only.
Ownership transfer documentation needs to be verified by buyers. Clutcheal will
only facilitate the transaction and provide assistance; ownership transfer is
the sole responsibility of Seller and Buyer only.
Terms & Conditions for Free Bike Service
Free service needs to be availed within the
date mentioned in the warranty card during the time of purchasing the bike.
Free service does not include engine oil change or spares parts charges.
Free service needs to be available at a Clutcheal authorized service center
only.
To avail free service please, call us on +91 8484946460.
Terms of Warranty
Clutcheal Warranty is only applicable to customers who purchase a used bike belonging to the Clutcheal Exclusive section on the Clutcheal platform.
Clutcheal Warranty is only applicable for 7
months from the date of token/booking.
Clutcheal Warranty only covers bikes under 150cc only and above 2015 model
only.
Clutcheal Warranty covers the cost of repairs and replacement for components of
Engine and Gearbox only.
Customer has to do the servicing of the vehicle within the specified date in
the warranty card else the warranty will be void.
The defect(s) should be within the terms and conditions specified.{‘ ‘}
The service center must acknowledge that such a defect is relevant to
mechanical/electrical breakdown as defined under this warranty.
The bike has to be submitted at the Clutcheal authorized service center within
24 hours from the requested date of the warranty claim.
If a customer is availing a bike servicing from an authorized service center of
the relevant manufacturer (maker) then the bill has to be preserved for
registering future warranty claim purposes.
Validity of Clutcheal Warranty is 30 days from the date of bike
purchase/delivery.
After the expiry of warranty, if the customer wants to get their bike serviced
from the company, the bill will be raised by the company and it will be at the
expense to the customer.
Warranty card /Delivery receipt should be available at the time of claim.
To claim warranty benefits please, call us on +918484946460
Terms and Condition regarding selling:
Clutcheal will purchase and transfer the sum
amount of your bike 45 minutes after the final inspection and paperwork has
been verified by the Clutcheal representative only.
Clutcheal will only purchase your bike if all the necessary and original
documents are available with registered owner.
Terms and Condition regarding Leasing:
Customer can lease a vehicle for 6 months to 1
year.
Customer has to pay a deposit fixed by Clutcheal services Pvt. Ltd.
Clutcheal doesnot give any guarantee on the condition of two-wheeler given for leasing/buyback.
It the responsibility of the customer to maintain the vehicle, pay all the traffic
challans or RTO challans.
Clutcheal doesnot take any responsibility in case of theft and accidents. It is
the responsibility of the customer to check the vehicle thoroughly before
leasing the vehicle.
Clutcheal doesnot give any warranty or guarantee to its customers in leasing
vehicles.
Clutcheal will deduct Rs.5500 for 6 months and Rs.8000 for 1 years and also reserves
the rights to additionally deduct the amount for any damages (electrical and
mechanical parts) from deposit amount.
Refund Policy
As per the company’s rules, any customer who has made a payment to Clutcheal Services Pvt. Ltd. and who has applied for a refund from the company, for reasons amicably accepted; then the company will refund the amount deposited by the customer after deducting the bank charges applicable for the same.