This Terms of Service Agreement (the "Agreement") governs your use of this website,
www.speedbazar.co.in (the "Website"), Speed Bazar ("Business Name") offer of products
for purchase on this Website, or your purchase of products available on this Website.
This Agreement includes, and incorporates by this reference, the policies and guidelines
referenced below. Speed Bazar reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised Agreement
on this Website. Speed Bazar will alert you that changes or revisions have been
made by indicating on the top of this Agreement the date it was last revised. The
changed or revised Agreement will be effective immediately after it is posted on
this Website. Your use of the Website following the posting any such changes or
of a revised Agreement will constitute your acceptance of any such changes or revisions.
Speed Bazar encourages you to review this Agreement whenever you visit the Website
to make sure that you understand the terms and conditions governing use of the Website.
This Agreement does not alter in any way the terms or conditions of any other written
agreement you may have with Speed Bazar for other products or services. If you do
not agree to this Agreement (including any referenced policies or guidelines), please
immediately terminate your use of the Website. If you would like to print this Agreement,
please click the print button on your browser toolbar.
PRODUCTS
Terms of Offer. This Website offers for sale certain products (the "Products").
By placing an order for Products through this Website, you agree to the terms set
forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center
reps or direct Speed Bazar sales reps, while they are calling you, of your desire
to opt out from further direct company communications and solicitations, you are
agreeing to continue to receive further emails and call solicitations Speed Bazar
and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future
solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: [support@speedbazar.com].
3. You may send a written remove request to [PLOT no-229, INDL-AREA 8/B, SAS NAGAR
MOHALI,PUNJAB,160071]. Proprietary Rights. Speed Bazar has proprietary rights and
trade secrets in the Products. You may not copy, reproduce, resell or redistribute
any Product manufactured and/or distributed by Speed Bazar. Speed Bazar also has
rights to all trademarks and trade dress and specific layouts of this webpage, including
calls to action, text placement, images and other information
GST. If you purchase any Products, you will be responsible for paying any applicable
GST.
WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products
available, this Website also offers information and marketing materials. This Website
also offers information, both directly and through indirect links to third-party
websites. Speed Bazar does not always create the information offered on this Website;
instead the information is often gathered from other sources. To the extent that
Speed Bazar does create the content on this Website, such content is protected by
intellectual property laws of the India, foreign nations, and international bodies.
Unauthorized use of the material may violate copyright, trademark, and/or other
laws. You acknowledge that your use of the content on this Website is for personal,
noncommercial use. Any links to third-party websites are provided solely as a convenience
to you. Speed Bazar does not endorse the contents on any such third-party websites.
Speed Bazar is 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.
Use of Website; Speed Bazar is not responsible for any damages resulting from use
of this website by anyone. You will not use the Website for illegal purposes. You
will (1) abide by all applicable local, state, national, and international laws
and regulations in your use of the Website (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the Website
by other users, (3) not resell material on the Website, (4) not engage, directly
or indirectly, in transmission of "spam", chain letters, junk mail or any other
type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt
other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable
right to use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute,
or create derivative works of such content or information without express written
authorization from Speed Bazar or the applicable third party (if third party content
is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby
grant Speed Bazar 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. Speed Bazar does
not have the ability to control the nature of the user-generated content offered
through the Website. You are solely responsible for your interactions with other
users of the Website and any content you post. Speed Bazar is not liable for any
damage or harm resulting from any posts by or interactions between users. Speed
Bazar reserves the right, but has no obligation, to monitor interactions between
and among users of the Website and to remove any content Speed Bazar deems objectionable,
in Speed Bazar sole discretion.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND
PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Speed Bazar EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Speed Bazar MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR
TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE,
COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS
IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Speed Bazar ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE,
WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT
IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS
PURCHASED VIA THE WEBSITE.
Speed Bazar WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER,
INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE
CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3)
ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE;
OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Speed Bazar, and any of its
contractors, agents, employees, officers, directors, 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 (1)
this Agreement or the breach of your warranties, representations and obligations
under this Agreement; (2) the Website content or your use of the Website content;
(3) the Products (4) any intellectual property or other proprietary right of any
person or entity; (5) your violation of any provision of this Agreement; or (6)
any information or data you supplied to Speed Bazar. When Speed Bazar is threatened
with suit or sued by a third party, Speed Bazar may seek written assurances from
you concerning your promise to indemnify Speed Bazar; your failure to provide such
assurances may be considered by Speed Bazar to be a material breach of this Agreement.
Speed Bazar will have the right to participate in any defense by you of a third-party
claim related to your use of any of the Website content or Products, with counsel
of Speed Bazar choice at its expense. Speed Bazar 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 Speed Bazar against any claim, but you must receive
Speed Bazar prior written consent regarding any related settlement. The terms of
this provision will survive any termination or cancellation of this Agreement or
your use of the Website or Products.
PRIVACY
Speed Bazar believes strongly in protecting user privacy and providing you with
notice of speed bazar use of data. Please refer to Speed Bazar privacy policy, incorporated
by reference herein, that is posted on the Website.
AGREEMENT TO BE BOUND
Force Majeure. Speed Bazar will not be deemed in default hereunder or held responsible
for any cessation, interruption or delay in the performance of its obligations hereunder
due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism,
armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Speed Bazar may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website and distribution of
the Products.
Cessation of Operation. Speed Bazar may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website and distribution of
the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and
Speed Bazar and supersedes any prior agreements pertaining to the subject matter
contained herein.
Effect of Waiver. The failure of Speed Bazar 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.
Governing Law; Jurisdiction. This Website originates from the [MOHALI, PUNJAB].
This Agreement will be governed by the laws of the State of [PUNJAB] without regard
to its conflict of law principles to the contrary. Neither you nor Speed Bazar 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 State of [PUNJAB]. By using this Website or ordering Products, you consent to
the jurisdiction and venue of such courts in connection with any action, suit, proceeding
or claim arising under or by reason of this Agreement. You hereby waive any right
to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website or
Products or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A
CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO,
OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Speed Bazar reserves the right to terminate your access to the Website
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 Website and Speed Bazar may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for Products. If your
access to the Website is terminated, Speed Bazar reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until Speed Bazar chooses, in
its sole discretion and without advance to you, to terminate it.
Domestic Use. Speed Bazar makes no representation that the Website or Products are
appropriate or available for use in locations outside India. Users who access the
Website from outside India do so at their own risk and initiative and must bear
all responsibility for compliance with any applicable local laws. Assignment. You
may not assign your rights and obligations under this Agreement to anyone. Speed
Bazar may assign its rights and obligations under this Agreement in its sole discretion
and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.