Terms of Use

 

Terms and Conditions

The website www.topgearmag.in (the “Website”) developed, owned and operated by Exhibit Technologies (India) Private Limited is offered to its visitors, who may view the Website (“Visitors”) upon the Terms and Conditions provided hereunder. By accessing and/or using the Website, you (“the User”) agree (1) to be bound by these Terms and Conditions and are deemed to have read and understood all of its contents and implications; and (2) to grant free and unconditional consent to be subject to these Terms and Conditions as applicable.

User Submissions and Content:

This Website facilitates the posting/ uploading/ submission of photos, profiles (including the name, image, and likeness of the person posting / publishing them), messages, notes, text, information, video, links to other websites and other content including without limitation comments posted by other Visitors (the “Content”), by the Visitor/User posting the. The User may submit their Content through the website interface. The User shall be responsible in all respects for the Content posted / published by them and any consequences that may arise from posting / publishing such Content. The User represents and warrants that, (i) where the Content does not belong to the User, the User has procured the right or the necessary permission or license to use the Content; and, (ii) The User shall not post or publish any Content which is in contravention of any Indian law, that which has not been created by the User, or that which violates on the right of another person.

The User by posting/ uploading/ submitting Content grants Exhibit Technologies PVT LTD a worldwide, nonexclusive, perpetual, transferable, and royalty-free license (with the right to sublicense, to use for all purposes as deemed fit by us including but not limited to by way of commercial exploitation, promotional use, etc.) to store, archive, copy, reproduce, process, adapt, crop, modify, publish, transmit, perform, display, distribute, right to us to copy, prepare derivative works or abridged version of such Content in any and all media, improve, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information the User provides, directly or indirectly by submitting, posting or displaying or otherwise making available the Content and/or uploading the content on or through the Website. Exhibit Technologies PVT LTD has the sole right to perform the above mentioned activities without any further consent, notice and/or compensation to the User or to any third parties.

Exhibit Technologies PVT LTD may from time to time review the Contents of the Website. Exhibit Technologies PVT LTD has the exclusive right to delete or remove, without notice, any Content that, in its sole judgment, is in violation of the Terms and Conditions mentioned herein, or is offensive, illegal or harmful to the sentiments of a Visitor or any other person.

The User will not (i) contravene any Indian law for the time being in force, (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights, or has the necessary permission from the rightful owner of such material to post the Content, and hereby grants Exhibit Technologies PVT LTD all of the license rights granted; (iii) publish falsehoods or misrepresentations that could damage Exhibit Technologies PVT LTD or any third party; (iv) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise considered inappropriate; or (v) misidentify one’s self in submitting the Content or misstate one’s true identity.

User submissions are the opinions of the User and Exhibit Technologies PVT LTD does not endorse any Content or any recommendation or advice expressed therein. Further, Exhibit Technologies PVT LTD expressly disclaims any and all liability in connection with Content submitted by the User. By posting or publishing any Content on to the Website, the User hereby grants a world-wide, royalty free, non-exclusive, transferable license to use, copy, prepare or derive from the Content in any media throughout the world. Information posted or published on the Website is non- confidential, and the User submits such information at their own risk.

Personal information of the User such as e-mail addresses, etc. are not sold or shared by Exhibit Technologies PVT LTD with third-parties. The User grants consent to Exhibit Technologies PVT LTD to use and share the personal information provided by the User for Exhibit Technologies PVT LTD’s business purposes and/or for the purposes of investigation under good faith and belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Exhibit Technologies PVT LTD; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Website; or (c) helpful to protect Exhibit Technologies PVT LTD’s rights, reputation, property, or that of Exhibit Technologies PVT LTD’s users, subsidiaries, or the public.

Exhibit Technologies PVT LTD may sometimes use the gender and age range collected during the survey for TopGear Magazine India to build “look-a-like” models. Please note that this data is anonymously transmitted to Exhibit Technologies PVT LTD’s Data Management Platform (“Permutive”) and matched with other subscribers and members of TopGear Magazine India Community. This allows Exhibit Technologies PVT LTD to provide relevant and targeted advertising. 

The User must bear in mind that the Website hosts Content posted / published from a variety of sources and that Exhibit Technologies PVT LTD shall in no way be responsible for the accuracy or truthfulness of the Content posted / published. Further, Exhibit Technologies PVT LTD shall not be responsible for any claim, error, omission made by advertisers on the Website.

The User agrees to the terms and conditions of conduct set our herein below with reference to the Content.

The User agrees that:

  1. He / She/They is/are over 16 years of age.
  2. The User will not publish, post, display, upload, distribute or disseminate any profane, defamatory, infringing, obscene, pornographic, sexually explicit or unlawful topic, name, material or information of any kind.
  3. Provide material that exploits or violates any person in any manner.
  4. Provide false information on the registration form /profile, or impersonate others so as to mislead or confuse other Users regarding the source of the Content.
  5. Present to third-parties any Content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Exhibit Technologies PVT LTD.
  6. Use the Website in violation of any local, state, national or international law, statute, ordinance, regulation, rule, code or guidelines for the time being in force.
  7. Upload files that contain software or other material that violates the intellectual property rights of any third party.
  8. Upload content /files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or computer systems.
  9. Use the Website as a platform to advertise or offer to sell any goods or services for any purpose, whether or not commercial, without the express permission of Exhibit Technologies PVT LTD, and in accordance with the terms and conditions laid down by Exhibit Technologies PVT LTD with reference to the same.
  10. Violation of any of the Terms and Conditions set out herein gives Exhibit Technologies PVT LTD the right to take action against the User, which could extend to the User being blocked from accessing the Website and / or legal action.

In the event that a User or Visitor is exposed to Content on the Website which they believe is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or damaging towards any religion, ethnic group, club, organisation, company or individual, Exhibit Technologies PVT LTD encourages the User or Visitor to report such material to Exhibit Technologies PVT LTD at info@topgearmag.in, so as to enable Exhibit Technologies PVT LTD to take appropriate action.

Indemnity:

The User agrees to defend, indemnify and hold harmless Exhibit Technologies PVT LTD, and its officers, directors, employees, contractors, sub-contractors, partners, licensors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the User’s use of and access to the Website; (ii) the User’s violation of any term of these Terms Conditions; (iii) the User’s violation of any third party right, including without limitation any copyright, intellectual property, publicity or privacy right; or (iv) any claim that Content posted by the User’s has caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and the User’s use of and access to the Website.

Visitor to Comply with Applicable Laws:

This Website may be accessible from places that are out the geographical boundaries of the Republic of India. Exhibit Technologies PVT LTD makes no representation that the material available on the Website is appropriate for use in other locations.

Visitors / Users that access the Website from locations other that the geographical boundaries do so at their own risk, and shall be responsible for compliance with the laws of India.

Change of Terms and Conditions without Notice:

Exhibit Technologies PVT LTD may change these Terms and Conditions without notice. Continued use of this Website indicates an acceptance to the Terms and Conditions herein and any subsequent changes that may be made from time to time. Exhibit Technologies PVT LTD recommends that the User / Visitor re-visits these Terms and Conditions from time to time to understand and be fully aware of the user policy of this Website.


 

Shipping Policy

Shipment processing time

All orders are processed within 2-5 business days. Orders are not shipped or delivered on weekends or holidays.

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. 

Refund and Cancellation

Cancellation Policy

Our focus is complete customer satisfaction. However, we do not process cancellations on any orders placed on our website. If you wish to voice our concern, please email us at info@topgearmag.in and we shall get back to you. 

Refund Policy

In case a refund has to be issued, if paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway payments refund will be made to the same account with 10-15 business days. 

 

Privacy Policy


Your website may use the Privacy Policy given below:

The terms We individually and collectively refer to Exhibit Technologies (INDIA) PVT LTD. and the terms  Yourself  refer to the users.

This Privacy Policy is an electronic record in the form of an electronic contract formed under the information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature.

This Privacy Policy is a legally binding document between you and Exhibit Technologies (INDIA) PVT LTD (both terms defined below). The terms of this Privacy Policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the I accept tab or by use of the website or by other means) and will govern the relationship between you and Exhibit Technologies (INDIA) PVT LTD for your use of the website “www.topgearmag.in ” (defined below).

This document is published and shall be construed in accordance with the provisions of the Information Technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 under Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of sensitive personal data or information.

Please read this Privacy Policy carefully by using the Website, you indicate that you understand, agree and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by us as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

USER INFORMATION 

To avail certain services on our Websites, users are required to provide certain information for the registration process namely: – a) your name, b) email address, c) sex, d) age, e) PIN code, f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience.

All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services (including advertising services) and for developing new services

Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.

COOKIES
To improve the responsiveness of the sites for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.

Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.

LINKS TO THE OTHER SITES
Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible in way for your use of such sites.5.

INFORMATION SHARING
We shares the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:

(a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.

(b) We proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

INFORMATION SECURITY
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However the internet is an ever evolving medium. We may change our Privacy Policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.