Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and ser agreement for access or usage of www.aexpress.co.in website.
ATTENTION PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE/WEBSITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, FORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT AEXPRESS Auction, AEXPRESS Auto Bazar (COLLECTIVELY “AEXPRESS”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT AEXPRESS MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”).
These Terms and Conditions may change without notice and it is your responsibility to check the Terms and Conditions each time you access the Website. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” “User” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “AEXPRESS”, “Company”, “Ourselves”, “We” and “Us” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
Introduction
- This www.aexpress.co.in website (“Website/site”), a website of AEXPRESS Marketing Services India Pvt Ltd., is a service provider company, facilitating disposal services for motor vehicles, repossessed assets of various banks, individuals & corporate entities etc. This website is maintained by AEXPRESS, a company incorporated under the laws of India.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. AEXPRESS at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Use of Site
If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and AEXPRESS, AEXPRESS owns the Site. The Site is protected under Indian Law. Any unauthorized use of the Site may violate copyright, trademark, and other laws.
Liability
The materials made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use. Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.
You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this site. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential,
or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.
You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this site. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice.
Confidentiality
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto. When you register to open an account anywhere on the Site, or when you contact AEXPRESS through the Site for the purpose of receiving products or services, AEXPRESS may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Site account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Site password and you are solely responsible for all activities that occur under your password. You agree to notify AEXPRESS immediately of any unauthorized use of your password or any other breach of security related to the Site. AEXPRESS reserves the right to require you to change your password if AEXPRESS that your password no longer is secure.
Regulation of Site Usage
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that AEXPRESS name is stated as the source and prior written permission of AEXPRESS is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. You agree not to use the Sites (including, without limitation, any Materials or Services you may obtain through your use of the Sites):
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);
- to stalk, harass, or harm another individual;
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- to interfere with or disrupt the Sites or servers or networks connected to the Sites. You further agree not to
- use any data mining, robots, or similar data gathering or extraction methods in connection with the Sites; or
- attempt to gain unauthorized access to any portion of the Sites or any other accounts, computer systems, or networks connected to the Sites, whether through hacking, password mining, or any other means.
By submitting any User Submission, you represent and warrant that:
- you are at least 18 years old;
- you own all rights in your User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to AEXPRESS the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral & legal rights” that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate any infringing materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Third Party Links
Links on the Sites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Sites. AEXPRESS is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, AEXPRESS does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them.
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Where AEXPRESS’s written authorization is otherwise not provided, a website that links to this Site:
- may link to, but shall not replicate, any Materials;
- shall not imply that AEXPRESS endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with AEXPRESS;
- shall not present false or misleading information about AEXPRESS, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial;
Intellectual Property Rights
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, AEXPRESS owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to AEXPRESS without obtaining authorization from AEXPRESS.
- Notwithstanding the foregoing, it is expressly clarified that you shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of the site.
Miscellaneous
Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Hyderabad.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. AEXPRESS does not review the contents in any way before they appear on the Website. AEXPRESS does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@aexpress.co.in