The information and content provided on this web site includes, but is not limited to, the services provided by "Mytyrepoint.com", and does not offer any advice, certifications, guarantees or warranties on the content (as defined below) relating to the services, which MyTyrePoint arranges on this Site. ICOM Auto Solution Pvt. Ltd. is termed as MyTyrePoint all through the document.
The Website conditions will help you to use the service and you can place your orders through this Website.
No part of content arranged in this website Conditions affects your statutory rights.
You need to be above the age of 18 years and must be willing and ready to form legal contracts with relevant legal provisions in prior to the placement of an order on website. In case of not fulfilling any of the conditions, you are not permitted to use the website.
All your Orders placed on our website, are liable to follow website conditions.
All Website Orders shall be treated as an offer to purchase the Goods. The Company does not guarantee to accept your website your order. (If or not website order is acknowledged).
You will be responsible to the Company for maintaining the accuracy of the terms of the Website Order placed by you, and for providing the Company with any necessary information relevant to the Goods so that within specific time it allows the Company to implement the Contract according to the terms and the Company is not liable for any inappropriate information given by you.
An order placed by you for goods available on our website is a confirmation to purchase the goods described in your order. Upon the receipt and acceptance of your order (subject to our decision), no contract of sale exists between you and us for selling any goods.
We will send you an order acknowledgement shortly upon your order, informing you that we have received your order. But this acknowledgement is not an agreement to accept your order.
Upon acceptance of your order, we will mail you that we have accepted your order to and that we will shortly dispatch your goods. If we cannot accept your order, (due to any limitation) as the goods may be unavailable, we will inform you by telephone or email.
The order confirmation will have your Order Number, and for tracking the delivery, you need to keep this number safe.
Even after we accept your order, and we found that goods are unavailable with us or there was a pricing error, wrong description or mistake in image on our website, with regard to the goods ordered, we have the right to withdraw from supply and we will refund you or supply you an alternative product.
The Company makes very good effort to supply accurate information on website. However, when there is a mistake or difference, or any variation and this may be a typo error, clerical error or omission of any information, some slight variations may occur from time to time. Accordingly, any typographical, clerical or other error or omission in any information in price list, website text, pictures, images, confirmation, invoice or any other relevant document issued by the Company will definitely be corrected without any liability to the Company.
Going by the Contract, the quantity, quality, description and specification of the Goods will be detailed in the Confirmation.
The Company also carries a right to change the Goods or any relevant specifications (whether or not such specific details have been submitted by you in the Website Order or otherwise) and model designs, at any time, without giving any notice, with effective changes in law or due to the decision made by the Company.
PRICE AND PAYMENT
The price for the Goods for your order will be according to the price stated on the Website on the date the Website Order, the company receives and it will prevail. Prices are likely to vary at any time, and this is subject to the decision made by the company, after including those prices on the website. Prices include VAT and any other applicable taxes (it will be charged at the present rate as available on the website). Also, prices include delivery, otherwise, it will be indicated.
Payments need to be made by either credit or debit card (please check the website for this part of information for a list of payment cards accepted and method of payment). By providing a credit or debit card number, you: (a) authorize and warrant that your use of the specific card is authorized and that all information that you submit is perfectly accurate; and (b) authorize the company to charge to the card you need to pay the amounts to the company (including VAT and any other applicable taxes) as per the Goods you order.
The Company will not deliver the Goods unless the payment confirmation is received.
You may also have verified for validity check/third party authorizations as per the mode of payment.
DELIVERY YOUR RIGHT TO CANCEL
You can cancel your website Order placed with us at any time before the goods are dispatched. You can notify us through mail or customer care number. We will refund the amount you have paid.
We will refund within 7 working days. Generally, refunds are done in the same mode of payment that was done during purchase. When a refund is made to either a debit or credit card, it may not reflect in your account, as clearing banks take time to process the refund of payment. It may take up to 7 working days, but it may vary depending on your bank. If you wish to know more on this aspect, please contact your card issuing bank.
8.3 In an instance, where a cancellation took place by you under clause 8.1 of these Website Conditions you will be solely responsible for the return of the Goods to the Company and relevant costs for return, you shall indemnify the Company for any costs incurred with regard to the return of the Goods.
CANCELLATION BY US
We have the right to cancel any Website Order (or any part of the Website Order) for any reason:
Your order placed for goods is no longer available with us; or
The manufacturer withdraws the supply of goods or the Company or by order of any governmental authority, in which case, we will inform you by email and refund payments, if any, made by you via Website Order or any part of the website order.
We will not be be offering any additional compensation for disappointing you from supplies, in an event where your website order has been cancelled.
We also reserve the right to stop or prevent you from accessing our website at any time, with or without any reason (if any violation or misconduct or website conditions) and also we may not issue you any prior notice, without any liability or obligation to you or any other party. You will be personally liable for the website orders you place and expenses you incur prior to the termination.
We are also authorized to modify, discontinue or suspend our operations on the website, the Service or any Goods (or any part thereof) at any time with or without issuing notice to you. We will not be liable to you or any third party for such amendments or changes on our website.
You confirm and agree to indemnify and do not cause any harm to the Company and its affiliates, officers, directors, employees and representatives from any sources and third party claims and demands, including reasonable legal fees, for damages and/or costs due to or any other arising out of violation of Website Conditions and/or your use of the Website, the Service or any Goods.
SAVE AS PRECLUDED BY LAW, WE TEND TO DON'T SEEM TO BE SUSCEPTIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PENITENTIARY OR IMPORTANT LOSS, INJURY OR EXPENSES (INCLUDING WHILE NOT LIMITATION ANY LOSS OF MATERIALS OR INFORMATION, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE WEB SERVICE, THE FITTED SERVICE, AND/OR THE PRODUCTS, EVEN THOUGH SUGGESTED OF THE LIKELIHOOD OF SUCH DAMAGES. WE SHALL HAVEN'T ANY LIABILITY TO PAY ANY CASH TO YOU BY MEANS OF COMPENSATION APART TO REFUND TO YOU THE NUMBER OBTAINED THE PRODUCTS IN QUESTION. THE PRECEDING LIMITATIONS SHALL APPLY NOTWITHSTANDING THEORY BENEATH THAT SUCH REASON BEHIND ACTION IS BROUGHT, WHETHER OR NOT IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
The information arranged in the Website is not in your individual needs, but it is your sole responsibility to get satisfied with the goods you order that meet your specific purposes. Also you will be responsible for having accurate details of your website order.
The Company will not bear any liability in respect of any defective Goods occurring from your use of the Goods, not suitable to your vehicle or any misuse or alteration of the Goods.
In addition to the above, no content in the website conditions, limit any rights you can access as a consumer or legal statutory rights that is not excluded by law, or limit our liability or exclude or due to any death or personal injury as a result of our oversight.
USE OF THE WORKS AND OTHER RIGHTS AND RESTRICTIONS
Except as given in the next sentence, the Company (or, in the case of third party materials, that third party) retains all rights, title and interest in and to the Website, including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrights or legal protection factors stated therein and the selection, sequence, "take a look and find out" and facilities arranged. This Website has protection of intellectual property laws and your use is strictly limited/restricted to these Website Conditions, including the following:
You should not allow others to change, compile, decompile, reverse engineer, decrypt, circumvent or otherwise meddle with or alter the Website.
The trademarks, service marks, graphics and logos used in designing with this Website are trademarks or registered trademarks of the Company or third party owners. You are not permitted to take any rights, or license with respect to any such trademarks or service marks and any unauthorized use, this is strictly prohibited.
All rights are not granted and are reserved.
You should not violate or break a rule or make an attempt to breach the security of this Website. Without limiting any advancements, you shall not: (a) take any data or materials inappropriately; (b) log into a server or account unauthorized; or (c) make an attempt to probe, scan or test the vulnerability of a system or network or to violate security or authentication measures without proper authorization. Breaches of system or network security may invite civil or criminal liability. The company has the right to investigate incidents and know about any violations and this may involve corporations, law enforcement authorities in prosecuting users who are part of breaches. Use of spiders, robots and similar data collection and collection of tools is completely prohibited.
You give your consent and agree not to use this Website in any manner that may cause the Website any damage or access to the Website to be interrupted or impair its operations.
The Website is permitted to publish reviews and feedback from customers, traffic, visitors and users. Any electronic communications and / or content you communicate with this Website must be genuine and exclusively used for lawful purposes only. With responsibility for such content, ensure that content is not malicious, defamatory, obscene and racist or designed to disturb or cause annoyance. Specifically, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. Also, it must not violate any copyright, trademark, confidence or privacy rights, and must not contain or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".
When navigating on this Website, you must not use any false email address, impersonate any other person or entity, or give a wrong impression of the Website and its users as against to the origin of any electronic communications or content.
Unauthorized use of this Website may penalize you and company will claim for damages and / or be a criminal offence.
You give your consent to provide present, complete and accurate information necessary as required in the time of using this website or the service providing your data. You also agree to maintain and update your data as may be needed and you should keep it complete and accurate. If any information you provide is false, incomplete or inaccurate, company will terminate your rights to use this Website. If the data you provided is fraud, you may invite penalties and force yourself for criminal and/or civil liability. You give you consent to save and store your data and information (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
You will be responsible for installing required anti-virus software and related security protection to secure your computer systems at the time of using the Website. The company will not be responsible for any loss for your failure.
ELECTRONIC DELIVERY POLICY
You give your consent to agree that we are entitled to serve you required notices, agreements and other information electronically as already mentioned in these Website Conditions. In case you wish to withdraw from your permission, to receive notices electronically, you must discontinue your use of this Website.
MyTyrePoint does not make any warranties or representations as to the contents of this site and MyTyrePoint does not take any liability or responsibility for any errors or omissions in the content on the site. The content stated therein “as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
MyTyrePoint does not make any representation or warranty that any files, links or pointers available through this site will be free of viruses or other codes that contain any falsifying or destructive properties. Fully, conversant with applicable laws, MyTyrePoint disclaims all warranties, express or implied. MyTyrePoint makes no warranty that
Any material, contents or information downloaded or otherwise drawn from the site is subject to this agreement and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
MyTyrePoint is not responsible for the accuracy of such data. Without limiting any further advancements,in any kind, MyTyrePoint will be held liable for any delay or failure in performance as a result of direct or indirect acts of nature, forces, or causes beyond any control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Limitation of Liability
Neither MyTyrePoint nor its affiliates, employees, agents or consultants shall in any event be liable for any indirect, incidental or as a result of damages such as, but not limited to, loss of business information, loss of goodwill, business disturbance, or loss of expected profits or benefits as a result of use of the site or any part or whole of the content or arising out of any breach of warranty even if MyTyrePoint or its affiliates, employees, agents or consultants have been informed of such instance and incurring of damages.
Such limitation of liability shall be applicable when the damaged unit caused from use or misuse of MyTyrePoint info, unable to use MyTyrePoint info, or from the interruption, suspension, or termination of access to the content or web site (including such damages incurred by third parties). This limitation shall conjointly apply, while not limitation, to the prices of procurance of substitute content, loss of goodwill, loss of profits, or loss of knowledge. Such limitation shall more apply with relevancy the performance or non-performance of MyTyrePoint or any info that seems on, or is joined or connected in any way to, the site provided under that. Such limitation shall apply nevertheless any failure of essential purpose of any restricted remedy and to the fullest extent permissible by law.
You agree to indemnify and hold MyTyrePoint and its subsidiaries, affiliates, officers, agents, and employees, harmless from any kind of claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the contents you submit, email, transmit or make available through the site, your use of the website, your usage of the website, your violation of this Agreement, or your violation of any rights of other users of this Site.
The disclaimer and limited liability of MyTyrePoint as organized in this Agreement are basic elements of the requirements of the bargain for the content and access to the Site. You agree that MyTyrePoint would not in any other way be able to offer the content or the Site as its availability on website without such limitations. This clause shall prevail any termination of this Agreement.
Any provision of this Agreement which is invalid, restricted or becomes unenforceable in any jurisdiction shall:
Governing Law and Arbitration
All legal proceedings shall be within the jurisdiction of the courts in Bangalore, India and shall be governed by and proceeded in accordance with the laws of India and you give your consent to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Bangalore, India.
This Agreement or your use of this Site does not authorize any joint venture, partnership, employment or agency relations between you and MyTyrePoint.
In preview of the Telecom Regulatory Authority of India (TRAI) guidelines, I/We hereby authorize www.mytyrepoint.com and its affiliates / partners / registered dealers, manufacturers or any other related player in automobiles or anyone who are accessing the data by the cause of their association with MyTyrePoint to communicate with me/us through telephone/mobile, Email, SMS or other modes of communication even if my/our number/numbers(s) is/are registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
Compliance with Laws
All dealings on MyTyrePoint website are requested to comply with the applicable laws including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and relevant amendment from time to time.
In these Website Conditions, except where the context otherwise requires
"Contract" means the contract for the purchase and sale of the Goods subject to the Website Conditions as constituted and evidenced by the Website Order and the Confirmation;
"Goods" means the products sold by the Company to you via the Website; to include tyres. "Service" means the service provided by the Company for the sale of the 'Goods' to you using the Website and the provision of fitting services in respect of those tyres to your vehicle or vehicles; "Website" means the Website published by the Company on the Internet with the www.mytyrepoint.com
"Confirmation" means written email confirmation to you from us of our acceptance of the relevant Website Order;
"Website Order" means an order from you submitted to the Company through the Website by the ordering system set out on the Website.