1. Your Acceptance
This is an agreement between Kiara Motorsports Private Limited, a Company incorporated under the Companies Act, 1956 (“KMSPL” or the “Licensor”), the owner and operator of “Rev Your Soul App” (“Application” or the “Software”) and www.revyoursoul.com, the (“website”) and you (“You”). Rev Your Soul App and www.revyoursoul.com and its sub-domains shall be collectively termed as “RYS Service”. All the persons who use the RYS Service shall be collectively termed as “Users”. By installing and/or using the RYS Service, you agree that this Agreement is a legally binding contract and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Your use of the RYS Service indicates your acceptance of this Agreement and warranty.
1.1 Grant of License
Subject to your compliance with the terms hereof, the Licensor hereby grants to you a non-exclusive, non-transferable license (without the right of sub-license) to install and use the RYS Service solely for your personal use.
1.2 Ownership of Intellectual Property Rights
You acknowledge that:
(i) all right, title and interest in and to all RYS Services and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith are and shall remain with the Licensor;
(ii) this Agreement conveys no right or interest in the RYS Service other than a limited license to use it in accordance herewith,
(iii) RYS Service is subjected to the copyright laws of India, and
(iv) RYS Service embodies valuable confidential and secret information of the Licensor.
1.3 Your Obligations
(i) shall not install the RYS Service onto any mobile or computer device that you do not own or control or onto a server so that it is accessible via a public network,
(ii) shall not copy, alter, modify, adapt, translate or create derivative works of the RYS Service,
(iii) shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of the RYS Service,
(iv) shall take all reasonable precautions to prevent unauthorized or improper use or disclosure of the RYS Service, and
(v) shall not remove any copyright and other proprietary notices contained in the RYS Service.
(vi) shall ensure appropriate permissions / clearances are taken from appropriate government and Road Transport authorities for conducting any rides or events through the RYS Service, as you acknowledge that RYS Service is only a facilitator, which provides a platform for building a biking community and thus takes no responsibility nor warrants that the rides /events conducted through the Mobile Application and Website have any legal permits and clearances and accordingly, You shall indemnify, defend and hold harmless the Licensor/KMSPL against any liabilities whatsoever arising in respect thereof.
(vii) shall not cause any public inconvenience or nuisance by over speeding, doing stunts or any other misbehaviour, which could be detrimental to the goodwill or tarnish the reputation of RYS Service.
(viii) shall use proper, certified and full riding gear during any rides conducted through the RYS Service and RYS in its own discretion has the right to disqualify or disallow any riders to participate in any rides, if such rider does not wear appropriate riding gear.
(ix) shall not consume alcohol or any drugs or banned substances 24 hours prior the scheduled ride/events or during the rides/events and in case you are found intoxicated, RYS has the right to disallow you from the said ride/event and you shall indemnify RYS against any legal action/liabilities arising therefrom.
(x) shall not misbehave, hurt, injure, abuse or cause any nuisance or inconvenience to your fellow riders and other users of the RYS Service during the rides/events or on the APP and Website. In case any such misdemeanour/misbehaviour being reported or comes to the attention of KMSPL, KMSPL shall at its sole discretion, have the right to suspend/terminate the RYS Service without notice and no amounts shall be refunded whatsoever, paid towards subscription/ ride fee/event fee etc and you shall be restricted/banned from attending or using the RYS Services and you shall be liable to defend, indemnify and hold harmless the Licensor against any liabilities arising out of your acts and omissions thereof.
The Licensor may from time to time update the RYS Service at its sole discretion, with or without notification. At the Licensor’s sole discretion, the Licensor may notify you through a patch process, by email, Apple App Store/Google Play Store or website posting of such updates available for download. Some updates may be optional and some may be mandatory in order to operate the RYS Service. The terms of this license will govern any such update unless such update is accompanied by a separate license in which case the terms of that license will govern.
1.5 Consent to Use of Data
You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and, other services to you (if any) related to the RYS Services. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Third Party Materials: The RYS Service may enable access to third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Information provided by our users through the RYS Service may include or make available content, data, information, applications or materials from third parties (“Third Party Materials/Services”) or provide links to certain third party web sites. You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that the RYS Service may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the RYS Service. No portion of the RYS Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the RYS Service, in any manner, and you shall not exploit the RYS Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the RYS Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the RYS Service.
The Licensor reserves the right at any time to discontinue, temporarily or permanently, the RYS Service, with or without notice and without liability to you.
2. Representations and Warranties of Users
You represent and warrant that:
ii. The information provided by you is true, correct and complete account of yourself.
iii. You have the necessary permits/licenses issued by the Government, if any, as renewed from time to time, which are mandatory for using RYS service.
3. No warranty from Rev Your Soul
You expressly acknowledge and agree that use of the RYS Service is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy and, the effort is with you. To the maximum extent permitted by applicable law, the RYS Service and any services performed or provided by the RYS Service are provided “as is” and “as available”, with all faults and without warranty of any kind, and the Licensor hereby disclaims all warranties and conditions with respect to the RYS Service and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Licensor does not warrant against interference with your enjoyment of the licensed RYS Service, that the functions contained in, or services performed or provided by the licensed RYS Service will meet your requirements, that the operation of the licensed RYS Service or services will be uninterrupted or error-free, or that defects in the licensed RYS Service or services will be corrected. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty.
4. Limitation of Liability
In no event shall the Licensor be liable for personal injury, death, or any direct, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the RYS Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the licensor has been advised of the possibility of such damages.
The license is effective until terminated by you or the Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the RYS Service, and destroy all copies, full or partial, of the RYS Services.
6. Rights of the Licensor
i. It is hereby made clear that the Licensor is entitled to permit anyone else to use the RYS Services and the intellectual property associated with it, without any prior permission of the End User.
ii. The Licensor reserves the right to prosecute, defend and conduct all suits involving RYS Services and to take any action or institute any proceedings that may deem desirable for the protection thereof, and in its sole discretion. You agree to report immediately to the Licensor any infringement or imitation or piracy of the said software.
7. Legal Rights and Remedies
All rights and remedies of the parties hereto shall be in addition to all other legal rights and remedies belonging to the parties and the expiry or early determination of this agreement, for any reason whatsoever shall be without prejudice to the rights and claims of either party hereto which may have accrued prior to such expiry or earlier determination.
You will indemnify, defend and hold harmless the Licensor and each of its respective officers, directors, members, managers, employees, and agents from and against any claim, suit or proceeding brought by a third party against the Licensor to the extent that it is based on or arises from:
(i) Your negligence or misconduct;
(ii) any assertion that any information or materials provided by You or Your personnel in connection with the Products/Services infringes or misappropriates any intellectual property right of any third party;
(iii) You and Your personnel’s breach of any of its representations and warranties hereunder;
(iv) any accident, personal injury or death to you or any person or damage to your or third party property, during any rides or events conducted through RYS Service.
(v) for the usage of any drugs, banned substances or consumption of alcohol during any rides/events conducted through the RYS Service.
9. User Submissions
RYS Services allows its Users to submit photos, profile photos, texts and any other information shared by the Users (“Submissions”). The Submissions by the Users do not represent the views of the Licensor nor does the Licensor endorse the views, opinions or submissions made by the Users. You shall be solely responsible for the Submissions made by You and the consequences of posting or publishing them.
10. User Undertaking
You expressly undertake not to host, display, upload, modify, publish, transmit, update or share any Product or information or content including images, video and text, that:
(a) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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 harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(b) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(c) violates any law for the time being in force;
(d) interferes with another’s use and enjoyment of the RYS Service;
(e) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(f) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
(g) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(h) tries to gain unauthorized access or exceeds the scope of authorized access to the Website/App, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website/App, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website/App;
(i) contains software viruses or any other computer codes, 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;
(j) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
(k) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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.
a. The Information the RYS Service Collects
The RYS Service may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you such as your profile information, your mobile phone number, your emergency contact details , blood group, medical conditions , driving license, Aadhar Card, bike documents including registration certificate, PUC, Insurance, push notification name (if applicable), billing information (if applicable) and mobile device information and your RYS Service usage information (hereinafter referred to as “Personally Identifiable Information”).
c. The Way the RYS Service Uses Information
(i) remember information so that you will not have to re-enter it during your visit or the next time you use the Rev Your Soul Website or Mobile Application;
(ii) provide custom, personalized content, and information;
(iii) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
(iv) track your entries, submissions, views and such.
12. E-Platform for Communication
You agree, understand and acknowledge that the website/app is an online platform that enables you to purchase products/coupons/vouchers listed on the App/Website at the price indicated therein at any time from any location. You further agree and acknowledge that Rev Your Soul is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website/App. Accordingly, the contract of sale of products/coupons/vouchers on the Website/App shall be a strictly bi-partite contract between you and the sellers on the Website/App and you shall be bound by the terms and conditions of the respective sellers. You expressly agree and acknowledge that , Rev Your Soul does not warrant for any products/vouchers/coupons and/or delivery terms and/or product warranties or any terms whatsoever, for the products sold through the App/Website.
13. Reviews, comments, communications and other content
Users of this Website /App may post reviews, comments and other content, send communications and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Rev Your Soul reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Rev Your Soul violates these Conditions of use and, or terminate your permission to access or use this website/app.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Kiara Motorsports Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant Kiara Motorsports Private Limited and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Kiara Motorsports Private Limited, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website/app; that, as at the date that the content or material is submitted to Rev Your Soul: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Rev Your Soul policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Licensor and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
14. Claims against Objectionable Content
Because Rev Your Soul lists lots of products/coupons/vouchers for sale offered by sellers on the website and app and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Rev Your Soul operates on a “notice and takedown” basis. If you believe that any content on the website or app is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by email. Once this procedure has been followed, Rev Your Soul will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
You acknowledge and undertake that you are accessing the services on the website /app and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website/app. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website / app. While we have taken precautions to avoid inaccuracies in content, this website/app, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products/coupons/vouchers on the website/app. At no time shall any right, title or interest in the products/coupons/vouchers sold through or displayed on the website /app vest with Rev Your Soul nor shall Rev Your Soul have any obligations or liabilities in respect of any transactions on the website/app.
16. Other Businesses
Parties other than Kiara Motorsports Private Limited and its affiliates may operate stores, provide services, or sell product lines on the website/app. For example, businesses and individuals offer products via Marketplace. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Kiara Motorsports Private Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit the website/app or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while subscribing to the RYS Service or placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website /app or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
We will not be responsible for any losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any direct, indirect or consequential losses whatsoever arising from or out of usage of the website/app.
19. Alteration of Service or Amendments to the Conditions
We reserve the right to make any changes to our website/app, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website/app or order/buy goods/coupons/vouchers from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
21. Conditions of Sale (between Seller & Customer)
Please read these conditions carefully before placing an order for any products/coupons/vouchers with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Rev Your Soul (the website/app). These conditions signify your agreement to be bound by these conditions.
In addition, when you use any current or future Rev Your Soul service, you will also be subject to the terms, guidelines, and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will supersede.
22. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website /app by us to you.
Your order is an offer to us to buy the product(s)/vouchers/coupons in your order. When you place an order to purchase a product/voucher/coupon from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s)/vouchers/ coupons ordered. We only accept your offer, and conclude the contract of sale for a product/voucher/coupon ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product/voucher/coupon has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s)/vouchers/coupon specified in that Dispatch Confirmation E-mail. Your contract is with us (the Sellers) and you confirm that the product(s)/voucher/coupon ordered by you are purchased for your internal/personal purpose and not for resale. You authorize us to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website/app. You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product/voucher/coupon (except where a cancellation charge is mentioned with the details of the product while placing the order for the same).
a. Subscription Fee
These Terms are between you and RYS Services, and govern our respective rights and obligations. The Terms constitute the entire agreement between you and RYS services related to the Subscription fee. A subscription fee is charged in order to avail the services provided by our App. The use of the RYS Services is governed by this Agreement, as well as all other applicable terms, conditions, limitations, and requirements on the website/app, all of which (as changed over time) are incorporated into these Terms.
b. Ride/Event Fee
c. Advertisement Fee
d. Other conditions
In case of cancellation of a biker’s rides or events, Rev Your Soul will refund only the price of the ride or ticket as paid or bought by you and no other compensation or surcharges. In case of satisfactory proof of non-delivery/delivery of wrong/damaged merchandise purchased from our platforms, a refund of the amount paid for such order shall be issued. The mode of refund would be to the Bank Account through which payment was done for the order placed on our platforms, website/app.
Returns Policy would be specifically mentioned in the website/app along with the products/vouchers/coupons sold by us.
26. Pricing and availability
We list availability information for products/vouchers/ coupon sold by us on the website/app, including on each product information page. Beyond what we say on that page or otherwise on the website /app, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products/voucher/coupon you order turn out to be unavailable. All prices are inclusive of GST unless stated otherwise.
You shall be responsible for payment of all fees/costs/charges associated with the subscription of RYS Service and purchase of products/vouchers/coupons from us and you agree to bear any and all applicable taxes/GST, cess, etc. levied thereon.
28. Use of Rev Your Soul is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian. In case a minor makes a purchase on the website/app, we would assume the involvement of a parent or guardian. It is the responsibility of the minor to make sure of the involvement of a parent or guardian.
29. Merger, Sale, or Bankruptcy
In the event of Merger, Sale, Insolvency or Bankruptcy of the Licensor, the Licensor reserves the right to transfer or assign the information collected from users as part of such merger, acquisition, sale, or other change of control.
If for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
The failure of Rev Your Soul to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Except as otherwise expressly stated in this Agreement, the rights and remedies of Rev Your Soul set forth herein with respect to failure of the users to comply with the terms of this Agreement (including, without limitation, rights of full termination of this Agreement) are not exclusive, the exercise thereof shall not constitute an election of remedies, and Rev Your Soul shall in all events be entitled to seek whatever additional remedies may be available in law or in equity.
32. Governing law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of India without giving effect to principles of conflict of laws. The Parties agree to submit to the exclusive jurisdiction of the courts in Hyderabad, Telangana, in connection with any dispute arising out of or in connection with this Agreement.