Abuse Policy

This Website "www.carhoyabike.com" (“Website”) is a platform owned and operated by ("We", "Us", "Company" or "Our", which shall mean and include its affiliates, successors and assigns). "User", "You" or "Your" (including legal heirs and representatives) shall mean and include all users of the Website.

On this Website, Users may upload content in relation to the products sold or purchased. Accordingly, Users may also upload their experiences online, therefore, a substantial amount of the content available on the Website may be user generated content. As a result, it is not possible for Us to monitor all content that is made available on the Website.

You are requested to "report abuse" with respect to content that You find questionable or offensive or in any manner violative of any law or of Our policies. We request You to adhere to Our policies and report instants of abuse to Us in all such cases, including those mentioned below:

  1. Malicious Content: Do not post such content, which directly or indirectly, defames someone or injures or maligns someone's reputation by making malicious personal attacks without any political, professional or social commentary. Users have to ensure that the reviews posted by them on the Website do not include any personal attacks and/or incorrect and untrue information.
  2. Hate speech: We do not tolerate hate speech. Any content posted by Users should be respectful towards the other Users of the Website. We do not encourage distinguishing individuals based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or disease. Hate speech includes debasing or dehumanising language and incitement of violence or prejudicial action against an individual or group of people based on their affiliation. You are required not to indulge in such behaviour and to bring such behaviour by other Users to Our attention.
  3. Obscene Material: We do not encourage nudity or pornography. This Website or any material contained on this Website is not intended to create, possess or distribute any obscene or pornographic material. Before posting debatable or questionable content, be mindful of its consequences. Do not publish sexually explicit images or videos, such as those with nudity or graphic sex acts.
  4. Identity: The Users should not engage in identity theft, creating multiple accounts, or falsely representing an organisation in the course of the use of this Website. Please provide correct and true information about Yourself while posting content on the Website.
  5. Personal and Confidential Information: We do not encourage unauthorised publishing of people's private and confidential information, such as credit card numbers, driver's and other license numbers, or any other information that is not publicly accessible. You are required to desist from the same.
  6. Threats: We want Our Users to feel safe on the Website. Do not use threatening language or otherwise post threats on this Website.
  7. Illegal Activities: The Website is not to be used or intended to be used to commit fraud or for any other unlawful purposes or promotion of dangerous or illegal activities. Do not engage in such activities on the Website.
  8. Phishing, Spam and Malware: Do not upload or share any content with malware, viruses, or anything that may disrupt the services on the Website or harm others. Do not engage in password phishing, spamming other Users or using automated means to perform actions such as creating new profiles, sending messages, creating new communities, etc.

On receiving a complaint on any of the above grounds, We may take the following actions (without limitation):

  1. Removing the infringing/ violative material/ content;
  2. Restricting access to that content by limiting who can view the content, such as through a warning page prior to viewing the material;
  3. Deleting the User's account, if any;
  4. Reporting the violation to appropriate law enforcement authorities.

You may disagree with certain material or find it to be inappropriate. However, We understand that Users of the Website have many different points of view. We take this into consideration when reviewing reports of abuse and may make exceptions based on artistic, educational, documentary, or scientific considerations or where there are other substantial benefits to the public from not taking action on the content. Although not all reports will result in action, We do rely on the Users to identify and report material that may be violating any law or Our policies. So please keep Us informed of any potential abuse.

In addition to the above, We are also concerned about infringement of intellectual property rights. We request You to respect the intellectual property rights of third parties. Before uploading and sharing content on the Website, please be sure You have the right to do so. Please refer to our Terms of Use for more details on this issue. In order to report infringement of Your copyright in any content available on the Website, please see the section below on Take Down Notice and provide Us with the necessary information to help Us identify and take down the infringing content.

Take Down Notice

If You are the owner of copyright in any the content available on the Website and uploaded without Your consent, or You believe that your content has been copied in any way that constitutes infringement, please provide the following information to Us at admin@carhoyabike.com.

  1. A statement identifying that You have found specific content on the Website which You believe infringes Your copyright;
  2. The title and description of the content, as available on the Website, and the full URL of the web page where the content is available along with any other information to identify the content;
  3. Description of the content, the copyright in which belongs to You, and which You believe has been infringed along with adequate information to establish that You are the owner or exclusive licensee of copyright in such content. In case this information is available on the Internet, please send Us a link to the same;
  4. The country in which Your copyright applies;
  5. An explanation on how the content available on the Website infringes Your copyright in the content owned by You, and that such infringement is not covered by any exceptions to infringement of copyright under The Copyright Act, 1957 (as amended by the Copyright Amendment Act 2012);
  6. Your contact information so that We can get in touch with You (email address is preferred);
  7. Information regarding the person who is responsible for uploading the infringing copy/ content, if available;
  8. Your contact information which We can pass on to the submitter of the concerned content, so that he/she can get in touch with You to resolve Your complaint directly (email address is preferred);
  9. A statement by You that You have a good faith belief that the disputed use of the copyrighted work is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner, such as his agent) and is not otherwise permitted by law;
  10. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner's behalf; and
  11. An undertaking that You shall file an infringement suit in a competent court of law against the person responsible for uploading the infringing copy of any content and produce the order of the competent court within twenty-one days of providing Us with this information.

Please affix the electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner. If You are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

By mail/courier: Fifth Gear Ventures Limited, B 50 A, 2nd Floor, Archana Complex, Greater Kailash – I, New Delhi - 110 048.

By email: admin@carhoyabike.com

Please note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

After submitting a copyright infringement notification, if You realize that You have misidentified the content or if You decide to change Your mind, You may retract the copyright take down notice and the claims sent to Us by sending an email to Us at admin@carhoyabike.com

After receiving the information, We may, within thirty-six hours, if satisfied from the details provided by You that the copy of the work is an infringing copy, take measures to refrain from facilitating access to such content for twenty-one days from the date of receipt of the complaint or till We receive an order from a competent court restraining Us from providing access to the infringing content, whichever is earlier. We shall also display a notice stating the reasons for restricting access to the infringing content.

If You do not provide Us with an order from a competent court, We may resume providing access to the content and shall not be obliged to respond to any further notice from You in respect of the same content at the same location.

Any person who knowingly misrepresents that any material or activity is infringing, may be subject to legal liability. Accordingly, if You are not sure whether material available online infringes your copyright, please seek legal advise.

Take down notice should be sent to Us only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website. We take reports of abuse or any kind of harassment very seriously. If You believe that someone is violating any of the above criteria or any of Our other policies, please send an email to Us at admin@carhoyabike.com

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