Disclaimer Agreement

DISCLAIMER AGREEMENT Welcome to www.ottorate.com website. This website is a review/rating application for automotive dealers, re-sellers & repairers and is limited to Two-wheelers and Four-wheelers. This website would be informative platform for intended buyers who are looking for buying a car and don't know from where to buy, who knows about some dealers but looking for suggestions on whom to trust and who takes the support of the reviews that is available on the website to make decision. This website would be publishing Sales Customers Reviews, Views of visitors who had visited the listed business premises, reviews of customers who are already maintaining their cars with some dealers in other words Service Customers. This website would be helping the visitors to identify who is the best service and sales experience provider in a region based on the reviews. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. WWW.OTTORATE.COM MAY MODIFY THIS AGREEMENT AT ANY TIME AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. Copyright, Trademark, Licenses and Idea Submissions. The entire contents of the website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are QUALITAT INFO SERVICES LLP., its affiliates or other third party licensors. You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual Property and proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, slogans, logo, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own Personal non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. All software used on this Website is the property of QUALITAT INFO SERVICES LLP. or its licensees and suppliers and protected by Indian and international copyright laws. 2. Use of the Site. You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles: 1. You shall not host, display, upload, modify, publish, transmit, update or share any information which: (i) belongs to another person and to which You does not have any right to; (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (iii) is misleading in any way; (iv) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; (v) harasses or advocates harassment of another person; (vi) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; (vii) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; (ix) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); (xi) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (xii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xiii) contains video, photographs, or images of another person (with a minor or an adult). (xiv) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (xv) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, prior written consent means a communication coming from Legal Department of Qualitat Info Services LLP., specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; (xvi) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; (xvii) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services; (xviii) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. (xix) harm minors in any way; (xx) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; (xxi) violates any law for the time being in force; (xxii) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (xxiii) impersonate another person; (xxiv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (xxv) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (xxvi) shall not be false, inaccurate or misleading; (xxvii) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. (xxviii) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers; The website will make best possible endeavors to provide satisfactory, accurate and useful information as a response to any query. The website does not (expressly or impliedly) guarantee the accuracy, integrity or quality of any information, goods/products. The various tips or recommendations provided to any query do not assure definite services. It is possible that other user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website. www.ottorate.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). 3. Limitation of Liability www.ottorate.com shall not be liable for any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance or service suffered by anyone on account of the use/performance of the information, response, advice furnished to you (via e-mail or otherwise), any action or lack of action by a you. www.ottorate.com is not responsible for any technical problems or various Cyber Offences like Hacking etc. or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the www.ottorate.com services or combination thereof. www.ottorate.com is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content you upload to the website services. www.ottorate.com will not be responsible for any incorrect or inaccurate content uploaded to the www.ottorate.com websites or in connection with the Ottorate services, whether caused by user/client/seller of the website services or by any of the services or programming associated with or utilized in the www.ottorate.com services. No warranty or representation of any kind, expressed or implied, is given by or on behalf of the website that the responses to the queries shall be appropriate, secure, reliable and free-from-error. In spite of our best efforts, the information on this website may become outdated although, efforts will be made to correct the errors and keep the content updated. Also, the information and materials on this website are provided on an “AS IS WHERE IS” basis. www.ottorate.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. www.ottorate.com cannot and does not guarantee that the concerned Buyers and/or Dealers will perform any transaction concluded on the Website. www.ottorate.com shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Dealers. www.ottorate.com makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non ottorate.com website, please understand that it is independent from www.ottorate.com, and that www.ottorate.com has no control over the content on that website. In addition, a link to a www.ottorate.com website does not mean that website endorses or accepts any responsibility for the content, or the use, or service of such website. www.ottorate.com does not at any point of time during any transaction between Buyer and Dealer on the Website come into or take possession of any of the products or services offered by the Dealer nor does it at any point gain title to or have any rights or claims over the products or services offered by Dealer to Buyer. The Website is a platform that can be utilized by Automotive Dealers to advertise their products and getting more deals and winning the Buyer's choice to be a preferred one. www.ottorate.com is providing a platform for people, who want to review and publish the best/poor experience they had in sales and service, to existing automobile users who want to maintain their vehicles, and they are already with some dealer but looking for a change or a betterment. www.ottorate.com is not responsible for unsatisfactory or delayed performance of services or damages. 4. Indemnification. You agree to indemnify, defend and hold harmless www.ottorate.com, its team of skilled and preserving associations, entire staff and any third party information providers to the Service from and against all losses, expenses, damages and costs, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. 5. Charges. The Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. 6. Engagment in Advertisement You may engage in advertising to, or solicitation of your own products or services, including, but not limited to, products or services related to that being displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of the Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than www.ottorate.com without our prior explicit consent. We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorized www.ottorate.com to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 7. Right to remove items or description that violates Terms & Conditions www.ottorate.com reserves the right, but has no obligation, to monitor the materials posted on the Website. www.ottorate.com shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect www.ottorate.com views. In no event shall www.ottorate.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. 8. Term of Termination. This Agreement shall remain in full force and effect while you use the www.ottorate.com services or services of other members. Even after Membership is terminated, this Agreement will remain in effect. You may terminate your Membership at any time, for any reason via the “My account page” and by clicking “Terminate Account” tab/form in the account section. 9. Miscellaneous. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about www.ottorate.com or the brand name or domain name used by the website including the terms or otherwise engage in any conduct or action that might tarnish the image or reputation, of www.ottorate.com or members on platform or otherwise tarnish or dilute any Ottorate's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ottorate’s systems or networks, or any systems or networks connected to www.ottorate.com. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website. This Agreement shall all be governed and construed in accordance with the applicable laws to agreements made and to be performed in India. You agree that any legal action or proceeding between www.ottorate.com and you for any purpose concerning this Agreement or the party’s obligations hereunder shall be brought exclusively in an exclusive jurisdiction of Mumbai, Maharashtra, India court according to Indian law. Any cause of action or claim you may have with respect to the Service must commence within a one month of the claim or cause of action arisen else such claim or cause of action is barred. Failure of www.ottorate.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. www.ottorate.com may assign its rights and duties under this Agreement to any party at any time without notice to you. www.ottorate.com reserves the right to make changes in the website, withdraw access to this website, termination of membership and revise the services described in this website at any time without any previous notice. Any rights not expressly granted herein are reserved.