TERMS OF USE

TYREPLEX - TERMS OF USE

Welcome to Tyreplex (referred to as the “Platform” or “Website”), operated by Tyreplex Technologies and Commerce Private Limited (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your use of Tyreplex’s products and services (“Service”), which include but are not limited to tyre listings, automotive product comparisons, and lead generation services. By accessing and using the Website, you agree to be bound by and comply with these Terms, the Tyreplex Buyer and Seller Terms & Conditions and all applicable laws and regulations.

1. Definitions

For the purposes of these Terms, the following definitions apply:

"User": Any individual, company, organization, or other entity that accesses, interacts with, browses or uses the Website, whether registered or unregistered, including without limitation browsers, vendors, customers, merchants, and/ or contributors of content, whether accessed in person, or through any technological tools / scrappers / content archivers.

 "Platform": The online platform owned and operated by Tyreplex, including the Website, mobile applications, and any other digital service where Users interact with Tyreplex’s offerings.

"Content": All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials made available on the Website by Tyreplex or its Users. Content includes product descriptions, reviews, images, pricing, vehicle fitment information and any other information provided by Tyreplex or its Partners.

"Services": Any and all services provided by Tyreplex, including but not limited to product listings, product comparisons, tyre recommendations, price listings, lead generation, appointment booking, and vendor or Partner connectivity.

"Lead Generation": A service by which Tyreplex collects User information, such as contact details and preferences, and shares it with third-party vendors or Partners to facilitate the delivery of products and services, including but not limited to promotional offers, future product notifications, and service updates.

"Partners": Third-party vendors, suppliers, or service providers who collaborate with Tyreplex to offer Users various automotive products, services, or promotional content.

"Hidden Charges": Any undisclosed fees that may arise from using a service or product. Tyreplex guarantees full transparency, and no hidden fees will be applied to Users for using the Platform’s lead generation services.

"Intellectual Property": Any and all copyright, trademarks, patents, trade secrets and other proprietary rights belonging to Tyreplex or any third party associated with Tyreplex's Content or Services.

2. Acceptance of Terms

• Binding Agreement

These Terms of Use constitute a legally enforceable agreement between the user of the website and Company. By accessing, browsing or using the website and associated services, you, as the User, unequivocally agree to be bound by these Terms. Your continued use of the platform signifies your complete acceptance of these Terms in their current or modified form. If you do not accept any of the provisions herein, you are required to immediately cease any access or usage of the platform. The Company reserves the right to modify these Terms at any time and it is the User’s responsibility to review them periodically. Continued use of the platform after any changes will constitute your acknowledgment and acceptance of the updated Terms.

If required by applicable law or if deemed necessary by the Company, Users may be notified of material changes to these Terms via email or platform notifications. However, failure to receive such notifications shall not absolve Users from their obligation to comply with the updated Terms.

Any violation of these Terms may result in the immediate suspension or termination of the User’s access to the platform and may subject the User to civil, criminal, or regulatory consequences, as applicable.

• Legal Capacity

By accepting these Terms, you affirm and warrant that:

1. You are at least 18 years of age and possess the legal capacity to enter into this agreement.
2. If you are under the age of 18, you confirm that you have obtained parental or legal guardian consent to use the platform and that such guardian or parent has reviewed, understood, and agrees to these Terms on your behalf.
3. If you are using this platform on behalf of a legal entity (such as a corporation, partnership or other organization), you represent that you are duly authorized to act on behalf of that entity and to bind the entity to these Terms. You also confirm that the entity you represent is duly organized, validly existing and in good standing under the laws of its jurisdiction.

In the event of any breach of these representations and warranties, the Company reserves the right to terminate your access to the platform without notice and you may be held responsible for any damages or legal consequences arising from such breach.

3. Modification of Terms

• Changes to Terms

Tyreplex reserves the absolute right to revise, update, or modify these Terms at any time, at its sole discretion, without prior notice to Users. Any such modifications will become effective immediately upon their posting on the Tyreplex website or the relevant section of the platform. It is the User’s responsibility to regularly review the Terms to stay informed about any changes.

The Company will, at its discretion, indicate the "Last Updated" date on the Terms page to inform Users of recent modifications. However, failure to notice or review these updates does not absolve the User from their obligation to comply with the modified Terms. Tyreplex may, but is not obligated to, notify Users of significant changes through emails, notifications on the platform or other communication methods. Nonetheless, Users should not rely solely on such notifications and should independently review these Terms periodically.

The Company shall not be liable to any Users or any third party for any modifications, price changes, suspensions, or discontinuations of the Service, regardless of whether the changes affect their use of or access to any part of the Service. Any such changes will be implemented at the discretion of the Company.

• Continued Use

Your continued access or use of the platform following any modifications to these Terms constitutes your binding acceptance of those changes. By using the platform after such changes have been posted, you acknowledge and agree that you are bound by the updated Terms.

If you do not agree to the updated or modified Terms, you must immediately discontinue your access and use of the platform. The Company is not responsible for any losses or consequences incurred by Users who fail to review the modified Terms or who continue to use the platform without agreement to such modifications.

4. Account Registration and Responsibilities

• Registration

To access certain exclusive features and services on the Tyreplex platform, such as placing orders, managing your preferences or scheduling appointments, you may be required to create an account. During the registration process, Users must provide accurate, current, and complete information as prompted by the registration forms. This includes, but is not limited to, your name, contact details, billing address, and other relevant information as requested by Tyreplex.

It is the User's ongoing responsibility to ensure that the information provided during registration remains accurate and up to date. In the event of any changes to this information, you are required to promptly update your account details to maintain accuracy. Failure to provide or update accurate information may result in the suspension or termination of your account and access to the platform. Tyreplex reserves the right to refuse registration or deny access to the platform at its sole discretion if it determines that the information provided is false, misleading or incomplete.

• Account Security

Upon creating an account, you are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree not to share or disclose your account details with any third party. You further agree that all actions or activities conducted through your account will be presumed to have been authorized by you.

Tyreplex will not be liable for any loss, damage or unauthorized activity that results from your failure to protect your account credentials. You are required to notify Tyreplex immediately if you suspect any unauthorized use of your account or any other security breach. Failure to do so may result in further unauthorized access or activity, for which you will be held responsible.

• Deactivation or Termination

Tyreplex reserves the right, at its sole discretion, to suspend or terminate any User’s account without prior notice or liability if it believes that the User has violated these Terms or engaged in any fraudulent, abusive, or unlawful activity. Additionally, the Company may deactivate accounts that remain inactive for an extended period or for other reasons that compromise the integrity of the platform.

Users may voluntarily request the deactivation or termination of their account at any time by contacting Tyreplex's customer support. Upon deactivation, all associated data, preferences, and transaction history may no longer be accessible. Tyreplex shall not be held liable for any loss of information resulting from account termination.

• Privacy Policy

All communications between Tyreplex and the User (including communications with our service providers, our parent company and/or our affiliates) are subject to the Privacy Policy, available here.

5. Description of Services

Tyreplex provides a wide array of services designed to facilitate automotive product discovery and offer related services tailored to the needs of its Users. These services are described in more detail below:

• Tyre Listings and Product Information

Tyreplex grants Users access to an extensive database of tyres, batteries and other automotive accessories. This service includes detailed product descriptions, high-quality images, pricing information, technical specifications, and product availability for various types of vehicles. The product listings are curated to help Users make informed decisions regarding their automotive needs.

Tyreplex makes reasonable efforts to ensure that all product information is accurate and up to date. However, the availability, specifications and pricing of the products may be subject to change without notice. The material on this site is provided for general information purposes only and should not be relied upon for making decisions without consulting primary, accurate, and timely sources of information. The inclusion of any product on the platform does not guarantee that the product will be available at all times, nor does it imply an endorsement or warranty of the Product’s quality, performance, or suitability for specific purposes.

This site may include certain historical or archived information, which is provided for reference purposes only. Historical information, by its nature, is not current and may no longer be accurate or relevant. While the Company strives to present such information in a factual and reliable manner, the Company makes no representations or warranties regarding its ongoing accuracy, completeness, or applicability to current circumstances.

TyrePlex reserves the right to modify or discontinue any Product or service described on the platform without prior notice and assumes no responsibility for typographical errors, omissions, or inaccuracies in the information provided.

• Product Comparisons

To assist Users in making better purchasing decisions, Tyreplex offers a comparison tool that allows Users to evaluate tyres, batteries, and other automotive products based on multiple factors such as size, type, brand, features and price. This feature is designed to empower Users with relevant information to choose the product that best suits their needs.

While Tyreplex strives to provide accurate and comprehensive product information, the platform cannot guarantee the complete accuracy or real-time availability of the products listed. Users are encouraged to confirm the availability and specifications of any product before making a purchase decision. TyrePlex does not provide any warranties or guarantees regarding the performance, quality, or compatibility of products listed within the comparison tool. The inclusion of a product in the comparison tool does not imply endorsement, recommendation, or assurance of its reliability or availability.

TyrePlex shall not be held liable for any errors, omissions, or discrepancies in the product information provided by the comparison tool. Users agree that their reliance on the comparison tool is at their own discretion and risk. Any issues arising from discrepancies in product specifications, availability, or pricing must be resolved directly with the relevant vendor or seller.

TyrePlex reserves the right to modify or discontinue the comparison tool or any of its features without prior notice. Such modifications may include changes to the scope of comparison criteria, product listings, or accessibility of the tool.

• Vehicle Fitment Information

Tyreplex offers a specialized tool that enables Users to input specific vehicle details, such as make, model and year, to receive customized recommendations for compatible tyres, batteries and accessories. The platform provides this fitment data to guide Users in selecting products suitable for their vehicles.

TyrePlex makes no warranties or representations, express or implied, regarding the accuracy, completeness, or applicability of the fitment recommendations provided by the tool. The inclusion of a product in the recommendations does not constitute an endorsement or guarantee of its compatibility with the User's vehicle. It remains the sole responsibility of the User to verify the fitment and compatibility of any product before completing a purchase. Tyreplex assumes no liability for any issues arising from incorrect fitment or misrepresentation of vehicle compatibility.

• Lead Generation

As part of its service offering, Tyreplex collects User information (with express consent) and shares it with its Partners to provide tailored automotive offers, product promotions, and service updates. This lead generation service allows Tyreplex to connect Users with authorized Partners who may offer products, discounts or other relevant automotive services.

Lead generation services are provided free of charge to Users and there are no hidden fees or charges involved in this process. Tyreplex does not charge Users for sharing information with its Partners or for receiving promotional offers.

This service may include sharing contact information for marketing purposes, such as upcoming product launches, updates to the Tyreplex platform, service reminders and promotional campaigns. Users retain the right to opt out of such communications at any time by following the instructions provided in Tyreplex’s privacy policy. Opt-out requests can be initiated by following the instructions provided in TyrePlex’s Privacy Policy or by contacting TyrePlex customer support. Once an opt-out request is processed, TyrePlex will cease sharing the User’s data with its Partners for marketing purposes and will ensure compliance with the User's updated preferences.

TyrePlex disclaims any liability arising from misuse of User information by Partners that occurs outside the scope of TyrePlex’s contractual obligations and policies. Users are encouraged to report any suspected misuse of their data promptly to TyrePlex for investigation and resolution.

6. Lead Generation and Data Usage

• Collection of User Data

As part of its lead generation services, Tyreplex collects certain personal information from Users who express interest in specific products or services available on the platform. The information collected may include but is not limited to, names, email addresses, phone numbers, and vehicle-related details. Tyreplex ensures that this data is collected transparently and only with the explicit consent of the User.

Users are informed about the nature of the data being collected and the purposes for which it will be used prior to providing their information. Tyreplex adheres to strict data collection standards to ensure that the process is clear and fully compliant with applicable laws.

• Purpose of Data Usage

The personal data collected from Users is utilized solely for the purpose of connecting them with Tyreplex’s authorized Partners who offer automotive products or services that align with the User’s preferences and interests. This may include sharing information about tyres, batteries, accessories, or related automotive services that are relevant to the User.

Tyreplex only shares User data with authorized Partners to provide personalized offers, product recommendations or updates on new products, app enhancements, or services. It is important to note that no additional or hidden charges apply to Users for this lead generation service, and Users will not be required to pay any fees for receiving these offers.

• Data Security and Confidentiality

At Tyreplex, the security and confidentiality of User data is of paramount importance. Tyreplex takes a multi-layered approach to ensure that any personal information provided by Users is protected at every stage of data collection, processing and sharing. The measures employed by Tyreplex are in compliance with applicable data protection regulations, such as the Information Technology Act, 2000 and other regional or international standards including but not limited to the General Data Protection Regulation (GDPR), where applicable.

• Data Encryption and Storage

All personal data provided by Users, including names, contact information and vehicle details are stored on secured servers that utilize advanced encryption technologies. Tyreplex employs both in-transit and at-rest encryption protocols to ensure that data is secure during transmission across the platform and while stored within its systems. Only authorized personnel within Tyreplex and its Partners have access to this information, and such access is granted strictly on a need-to-know basis.

The storage of User data is handled in compliance with industry-leading security standards. Regular security audits are conducted to identify vulnerabilities in the system and all databases are protected. Tyreplex further ensures that any backup or archival copies of User data are subject to the same level of protection as the active databases.

• Access Control and Monitoring

Tyreplex implements multi-factor authentication (MFA) for accessing any system where User data is stored. Access is only granted to authorized employees or Partners and all activity on these systems is logged and monitored continuously to prevent unauthorized access or data breaches. In the event that unauthorized access is detected, Tyreplex has procedures in place for immediate escalation, investigation and remediation.

Tyreplex’s employees and contractors are required to undergo comprehensive training on data security protocols. Regular reviews of access permissions are performed to ensure that only personnel with the appropriate authorization levels have access to personal data.

• Partner Compliance and Data Sharing

When sharing User data with its Partners, Tyreplex ensures that these Partners are contractually obligated to adhere to the same stringent data protection and confidentiality standards as Tyreplex. Each Partner undergoes a rigorous vetting process to ensure compliance with both Tyreplex’s internal data protection policies and any applicable legal requirements.

Contracts with Partners include detailed provisions that govern the use, protection, and confidentiality of the shared data. Partners are prohibited from using the data for any purposes other than those explicitly outlined in the contract, which is typically limited to providing Users with relevant automotive products and services. Partners are also required to implement their own robust data security measures, including encryption, firewalls and access controls.

In the event that a Partner fails to comply with these data protection requirements, Tyreplex reserves the right to terminate the data-sharing agreement and pursue any necessary legal action to protect User data.

• Data Retention and Disposal

Tyreplex retains personal data only for as long as is necessary to fulfil the purposes for which it was collected, such as connecting Users with relevant Partners or providing product recommendations. Once the data is no longer required, Tyreplex employs secure data disposal methods to ensure that it is permanently deleted from all systems, including backups and archival records.

Tyreplex follows strict protocols for the secure disposal of physical and electronic data. Any physical records containing personal information are shredded or incinerated, while electronic data is wiped using industry-standard deletion protocols that prevent recovery.

• Data Breach Response

In the event of a data breach, Tyreplex has established procedures for a rapid and effective response. This includes immediately identifying the breach, containing the affected systems and notifying relevant authorities as required by applicable law. Tyreplex will also inform affected Users without undue delay, providing details on the nature of the breach, the data affected and steps they can take to protect themselves.

Tyreplex is committed to cooperating fully with regulatory authorities during any investigation into data breaches and takes all necessary steps to mitigate any potential damage to Users.

• User Rights and Data Access

Users have the right to request access to the personal data that Tyreplex holds about them. Upon receiving such a request, Tyreplex will provide a comprehensive overview of the data collected, the purposes for which it is used and with whom it has been shared. Users may also request corrections or updates to their personal information to ensure accuracy.

Additionally, Users may exercise their right to be forgotten, in which case Tyreplex will securely delete all personal data related to the User unless retention is required by law or for legitimate business purposes. Any such deletion will be completed in accordance with Tyreplex’s data disposal protocols.

• No Sale or Unapproved Disclosure of Data

Any data sharing that occurs outside of the Partner network is strictly controlled and occurs only with User approval or where mandated by law. Tyreplex’s commitment to User privacy extends to ensuring that no personal data is used for purposes beyond those clearly stated in its terms of use.

• Opt-out

Users reserve the right to withdraw their consent for the use and sharing of their personal information at any time. If a User no longer wishes to participate in lead generation services or no longer consents to the sharing of their data with Partners, they may opt out by contacting Tyreplex customer support.

Upon receiving an opt-out request, Tyreplex will cease sharing the User's information with its Partners and will take the necessary steps to ensure that the data is no longer used for lead generation purposes. Opting out will not affect the User’s access to the platform or other Tyreplex services.

7. Payment Terms and Pricing

• Product Pricing

All prices for tyres, batteries, automotive accessories and related services listed on the Tyreplex platform are subject to change at Tyreplex's sole discretion and without prior notice. Prices displayed on the product listings are intended to be as accurate as possible; however, due to the dynamic nature of the automotive market, occasional pricing errors or discrepancies may occur.

In the event that a product is listed at an incorrect price due to typographical errors, system glitches or any other error, Tyreplex reserves the right to correct the price and notify the User of the updated pricing before proceeding with the order. If the correct price of a product is higher than the listed price, Tyreplex will contact the User to confirm whether they wish to proceed with the purchase at the correct price or cancel the order. Tyreplex is under no obligation to fulfill any order for products priced incorrectly unless the order has already been confirmed and shipped.

Any discounts, offers or promotions displayed on the platform are also subject to change or discontinuation without notice. Tyreplex is not responsible for any misinterpretations of pricing information or offers by the User.

• Payments

Users can complete the purchase of products or services on the Tyreplex platform using any of the payment methods available, which may include credit cards, debit cards, net banking, UPI, e-wallets or other payment solutions as provided by Tyreplex’s authorized payment gateway providers. Tyreplex ensures that all payment gateways adhere to industry-standard security protocols, to ensure that Users' payment details are protected and transactions are conducted securely.

When initiating a payment, Users are required to provide accurate billing and payment information. Failure to provide accurate or complete billing information may result in the suspension or cancellation of the User’s order, and may affect the User’s ability to access certain services or make future purchases. Tyreplex will not be responsible for any delays, mis-deliveries, or additional charges arising from incorrect or incomplete information provided by an User.

Tyreplex does not store any sensitive payment information such as credit card numbers or CVV codes. Any information shared during the transaction process is handled by secure third-party payment processors.

Tyreplex will not be held responsible for any unauthorized use of payment methods or for any delays caused by banking institutions or payment gateways. In the event of a payment failure or dispute, Tyreplex will assist the User to resolve the issue but responsibility for the payment remains with the User.

• Taxes

All purchases made via the Tyreplex platform are subject to applicable taxes, including but not limited to Goods and Services Tax (GST), Value Added Tax (VAT), service taxes or any other statutory levies imposed by relevant authorities in the User’s location.

Taxes will be calculated and displayed clearly at the checkout stage before the User completes the transaction. It is the responsibility of the User to ensure that all applicable taxes are paid in full as part of their purchase. Tyreplex does not assume liability for any discrepancies in tax calculation that arise due to differences in regional tax laws.

In cases where local or international shipping is involved, additional taxes or customs duties may be applicable, depending on the destination country or region. The User will be solely responsible for paying any such additional charges that arise after the product has been shipped. Tyreplex will not be liable for any delays or additional fees incurred as a result of customs processing or taxation.

• Payment Confirmation and Order Fulfillment

Upon successful payment, the User will receive a payment confirmation email containing the order details, amount paid and expected delivery timeframe. Tyreplex will begin processing the order once the payment has been confirmed. If any issues arise during the payment process, Tyreplex may suspend the order until the issue has been resolved.

Tyreplex reserves the right, in its sole discretion, to refuse or cancel any order placed by a User, which may be exercised for reasons including, but not limited to, product unavailability, inaccuracies in pricing or descriptions, issues related to payment processing, or suspected fraudulent or unauthorized activity. Additionally, the Company may impose limitations on the number of products purchased per individual, household, or order. These restrictions may apply to orders placed under the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In such instances, Tyreplex will notify the User of the cancellation and may offer alternative payment methods or the opportunity to rectify the payment issue.

• Refunds and Cancellations

Tyreplex provides a clear policy on refunds and cancellations. Users may request the cancellation of an order before it has been processed for shipping. In the case of a successful cancellation, Tyreplex will process the refund via the same payment method used for the original transaction. Depending on the payment provider, it may take several business days for the refunded amount to reflect in the User’s account.

Refunds will be subject to Tyreplex’s return and refund policy and in cases where refunds are requested due to incorrect product delivery, product defects or other legitimate reasons, Tyreplex will assess the validity of the claim before proceeding with the refund.

8. Intellectual Property Rights

• Ownership of Content

All intellectual property rights, including but not limited to copyrights, trademarks, patents, design rights, trade secrets and database rights, whether registered or unregistered, in and to the Tyreplex Platform, its Content and all related materials, are the exclusive property of Tyreplex or its respective licensors. This includes but is not limited to the design, text, graphics, layout, interface, databases, proprietary software, algorithms and any other elements contained within the Platform.

Users are strictly prohibited from copying, reproducing, republishing, uploading, posting, transmitting, or distributing any part of the Platform's Content in any form or by any means without prior written consent from Tyreplex. Any unauthorized use, including but not limited to the reverse engineering, decompiling, or disassembly of the Tyreplex Platform or its Content, will be considered a violation of Tyreplex’s intellectual property rights and may result in legal action.

• User-Generated Content

In the event that a User uploads, posts or submits any form of content to the Tyreplex Platform (including but not limited to reviews, comments, feedback, suggestions, images or other materials) (“Submissions”), the User hereby grants Tyreplex a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable and transferable license to use, modify, adapt, publish, translate, create derivative works from, reproduce, distribute, publicly perform and display such content in any form, media or technology now known or later developed, for the purposes of operating, promoting, marketing and improving Tyreplex's services and offerings.

The User warrants that they own or have the necessary licenses, rights, consents and permissions to grant the rights to Tyreplex as set forth herein and that the submission of such content does not violate any intellectual property rights, privacy rights, or any other applicable laws.

Tyreplex reserves the right, but is not obligated, to monitor, edit or remove any User-generated content that it deems, at its sole discretion, to be in violation of its terms, harmful, offensive, inaccurate or otherwise inappropriate.

Tyreplex is not, and will not, be under any obligation to maintain any Submissions in confidence, pay compensation in connection with any Submissions, or respond to any Submissions.The User acknowledges and agrees that: (i) Submissions must not contain any defamatory, libelous, offensive, unlawful, obscene, or otherwise objectionable material, or any viruses, malware, or other harmful code that could affect the functionality or operation of the Platform; (ii) Users are solely responsible for the content of any Submissions provided by them, and the User agrees to indemnify and hold Tyreplex harmless from any claims, damages, or expenses (including legal fees) that arise from any Submission made by such User.

• Restrictions on Use

Users agree not to:

• Use the Platform or its Content in any manner that infringes upon Tyreplex’s or any third party’s intellectual property rights.
• Copy, modify, adapt, translate or reverse engineer any portion of the Platform or Content, except as explicitly permitted by applicable law.
• Frame or mirror any part of the Platform or Content without express written permission from Tyreplex.
• Remove, obscure or alter any proprietary notices or labels displayed on the Platform or in connection with the Content.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Platform’s infrastructure, servers, networks, or other systems connected to the Platform, including engaging in activities such as hacking, phishing, or distributing viruses.
• Use automated systems, such as bots or scrapers, to access the Platform for any purpose, including data mining, extraction, or crawling, without TyrePlex's prior written consent.
• Post, upload, or transmit any content that is unlawful, abusive, defamatory, fraudulent, offensive, misleading, or otherwise inappropriate, as determined at TyrePlex's sole discretion.
• Engage in any activity that misleads other users, including creating false accounts, impersonating others, or manipulating transaction or review data to artificially influence product ratings, reviews, or seller reputations.
• Attempt to bypass or circumvent any security features or access restrictions put in place by TyrePlex to protect the integrity and security of the site.
• Use the Platform for any purpose that violates applicable local, state, national, or international laws or regulations, including those related to data protection, intellectual property, and e-commerce.
• Upload or transmit any form of malicious software, malware, spyware, or any other code designed to harm or interrupt the normal functioning of the Platform or its users’ devices.
• Exploit or misuse any bugs, errors, or vulnerabilities on the Platform to gain unauthorized benefits or privileges, including but not limited to price manipulation, unauthorized access, or any activity that may harm the Platform's integrity.
• Use the Platform or any information obtained from it for competitive analysis, benchmarking, or to create derivative products that compete directly or indirectly with TyrePlex’s offerings.

• Reporting Intellectual Property Infringement

Tyreplex respects the intellectual property rights of others and encourages its Users to do the same. If any User believes that their intellectual property has been copied or is being used on the Platform in a way that constitutes infringement, they should promptly notify Tyreplex with the following details:

• A description of the intellectual property claimed to have been infringed, including any relevant registration numbers.
• A description of where the infringing material is located on the Platform.
• Contact details of the complainant (including email address and telephone number).
• A statement by the complainant that they believe, in good faith, that the use of the material is not authorized by the intellectual property owner, its agent or the law.
• A statement that the information provided is accurate and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of the intellectual property right.

Tyreplex will investigate and address such claims promptly and may remove or disable access to the infringing material, suspend accounts, or take other actions it deems appropriate.

9. Third-Party Links and Partners
   • Links to Third-Party Websites

The Tyreplex Platform may contain links to third-party websites, platforms or services that are neither owned nor controlled by Tyreplex. These links are provided solely for the convenience of Users. Tyreplex does not endorse, guarantee or assume responsibility for the accuracy, completeness, content, privacy policies, security practices or any other aspects of these external websites or services.

When Users click on a third-party link, they are leaving the Tyreplex Platform and their interaction with any external website is governed by the terms and conditions and privacy policies of that third party. Any complaints, claims, or concerns related to third-party products or services should be directed to the respective third-party provider. Tyreplex expressly disclaims any liability for damages or loss, direct or indirect, that may arise from the use of or reliance on third-party websites or services.

• No Control Over Third-Party Content

Tyreplex does not have any control over the content, accuracy, legality or appropriateness of any third-party website or service. The inclusion of any link on the Tyreplex Platform does not imply any endorsement by Tyreplex of the third party or the content, products or services provided by that third party. Users acknowledge that accessing these third-party links is entirely at their own risk and Tyreplex shall not be responsible for any harm or loss incurred in connection with such access.

• Third-Party Services and Partners

Tyreplex may collaborate with third-party partners to offer co-branded services or integrated functionalities. These partnerships may require the sharing of limited User information in accordance with Tyreplex’s Privacy Policy. However, Tyreplex does not warrant or guarantee the availability, reliability or performance of third-party services offered on or through the Platform.

Any interactions, contracts or business dealings between Users and third-party service providers or partners are solely between the User and the third party. Tyreplex shall not be liable for any losses, claims, damages or disputes arising from these dealings, including any failure by the third-party service provider to deliver services as promised.

• User Responsibility for Third-Party Links

By using the Tyreplex Platform, Users acknowledge and agree that:

• They are solely responsible for reviewing the terms and conditions, privacy policies and other applicable legal documents of any third-party website or service before interacting with it.
• Tyreplex is not a party to, nor does it have any control over, any transactions or contracts entered into with third parties accessed through the Platform.
• Users assume full responsibility for any risk associated with the use of third-party links, including any reliance on the accuracy or reliability of the content, products, or services provided by third-party websites or services.

• Reporting Third-Party Issues

If a User encounters any issues, inappropriate content or other concerns regarding a third-party link available on the Tyreplex Platform, they are encouraged to notify Tyreplex immediately. While Tyreplex is under no obligation to act upon such reports, it reserves the right to review, modify or remove any third-party links that it deems harmful, inappropriate, or non-compliant with its standards.

10. Limitation of Liability
    • General Disclaimer

To the fullest extent permitted by applicable law, Tyreplex, its affiliates, directors, officers, employees, agents, suppliers, licensors and partners shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, data, use, or other intangible losses, resulting from:

• The use or inability to use the Tyreplex Platform.
• Any unauthorized access to or use of our servers, including any personal or financial information stored therein.
• Any interruption, suspension or termination of the Platform’s services, including but not limited to, outages due to maintenance, technical failures, or unforeseen circumstances.
• Any content errors, inaccuracies or omissions on the Platform, including any reliance placed by Users on information obtained through the Platform.
• Any third-party conduct, content, products or services made available through the Tyreplex Platform or linked to from the Platform.

• Limitation on Damages

In no event shall Tyreplex’s aggregate liability, whether in contract, tort (including negligence), strict liability or otherwise, exceed the total amount that the User has paid to Tyreplex for products or services, if any, in the twelve (12) months immediately preceding the claim. If no payment has been made by the User, Tyreplex’s total liability shall be zero.

This limitation shall apply even if Tyreplex has been advised of the possibility of such damages and regardless of whether the limited remedies provided herein fail of their essential purpose.

• Exclusions and Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitations set forth in this section may not apply to Users residing in those jurisdictions. In such cases, Tyreplex’s liability will be limited to the fullest extent permitted by applicable law.

• User Responsibility

Users agree to use the Platform at their own risk. Tyreplex does not guarantee that the Platform will be free of errors, bugs, viruses, or other harmful components. It is the responsibility of the User to implement necessary precautions and security measures to protect their devices, systems, and data from any potential damage or loss resulting from the use of the Platform.

• No Indemnification

Users agree to use the Platform at their own risk. Tyreplex does not guarantee that the Platform will be free of errors, bugs, viruses, or other harmful components. It is the responsibility of the User to implement necessary precautions and security measures to protect their devices, systems, and data from any potential damage or loss resulting from the use of the Platform, and Tyreplex will not bear any liability for the same.

• No Liability for Force Majeure

Tyreplex shall not be held liable for any failure to perform or delay in performance, resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, governmental actions, power failures and Internet disruptions.

11. Indemnification
    • General Indemnity

By using the Tyreplex Platform, Users agree to indemnify, defend and hold harmless Tyreplex, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, licensors and partners (collectively, the "Indemnified Parties") from and against any and all claims, demands, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

1. The User’s use of the Platform or services provided through the Platform.
2. Any violation by the User of these Terms, policies, or any applicable law.
3. Any content submitted, posted, or transmitted by the User through the Platform (including User-generated content such as reviews, comments, or feedback).
4. The User’s violation of any rights of another individual or entity, including but not limited to intellectual property rights, privacy rights, or any third-party agreements.
   • Defense and Control

Tyreplex reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify Tyreplex. In such a case, the User agrees to cooperate with Tyreplex’s defense of the claim and shall not settle any such matter without the prior written consent of Tyreplex. Tyreplex may participate in the defense of any such claim with its own counsel at its own expense.

• Scope of Indemnification

This indemnification obligation will survive the termination, expiration or suspension of the User’s account or access to the Platform and remains in effect for as long as necessary to resolve any claims arising from the User’s actions during their use of the Platform.

• Exclusions

The indemnity shall not apply to claims or liabilities arising out of the gross negligence or wilful misconduct of Tyreplex or its employees.

• Notification of Claims

In the event that Tyreplex becomes aware of any claims or potential claims that could give rise to an indemnification obligation under this section, Tyreplex will promptly notify the User in writing. However, failure to notify the User in a timely manner does not waive Tyreplex’s right to seek indemnification unless the delay materially prejudices the User's ability to defend the claim.

12. Governing Law and Dispute Resolution

• Governing Law

These Terms and any disputes or claims arising out of or in connection with these Terms, the Platform or the services provided by Tyreplex, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Users agree that the rights and obligations of the parties under these Terms will be enforceable solely under Indian law.

• Jurisdiction

Any disputes, controversies or claims arising out of or relating to these Terms, the use of the Tyreplex Platform, or any related services shall be subject to the exclusive jurisdiction of the courts located in New Delhi. Users agree to submit to the personal jurisdiction of these courts and waive any objections to the venue, including claims of inconvenient forum, for any disputes arising under these Terms.

• Dispute Resolution Mechanism

Before initiating any legal action, the parties shall attempt in good faith to resolve any disputes, differences or claims arising out of or in connection with these Terms through informal negotiations. If such negotiations fail, either party may submit the dispute to formal legal proceedings as specified in this section.

• Arbitration

Any dispute or claim arising out of or in connection with these Terms may be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator, mutually appointed by both parties. The place and seat of arbitration shall be New Delhi and the arbitration proceedings shall be conducted in the English language.

The arbitrator's decision shall be final and binding on the parties. The parties agree that any award rendered may be enforced in any court of competent jurisdiction.

• Injunctive Relief

Notwithstanding any provision to the contrary, Tyreplex reserves the right to seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights, proprietary information, or any other rights that may be violated by Users.

• Waiver of Class Actions

Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, collective, consolidated or representative action. Users waive their right to participate in any class-action lawsuit, class-wide arbitration or any other representative proceeding against Tyreplex.

• Severability of Provisions

If any provision of this section is found to be unlawful, void or for any reason unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

13. Contact Information

If you have any questions, concerns or inquiries regarding these Terms, the Tyreplex Platform or any of the services provided, we encourage you to reach out to us. Our team is available to assist you with any concerns related to your use of the Platform or to clarify any terms outlined in this agreement.

Please contact us using the following details:

Email: [email protected]

Phone: +91-9599827806

Mailing Address: TyrePlex - India Accelerator Coworking (Upper Ground Floor),MGF Metropolis Mall, MG Road, Gurugram, Haryana 122003.

A brief description of the issue or inquiry.

Any relevant details that may help us better assist you.

Our support team will make every effort to respond to your inquiries within 7(seven) working days.