This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy, user agreement, terms and conditions and terms of use for access or usage of The Second Option Platform.
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading details or using The Second Option website located at thesecondoption.com, and all associated sites linked to thesecondoption.com, or any other similar platforms (hereinafter collectively, referred to as “The Second Option Platform” which is run by Infi9 Innovations Private Limited, having its registered office at 2nd Floor, B&B House, Swastik Cross Road, CG Road, Ahmedabad, India, and/or any of its affiliates (hereinafter collectively referred to as “The Second Option” or “Incredible Technologies”) on any device and/or before availing any services offered by The Second Option on The Second Option Platform which may include services such as buying a used two-wheeler, selling a used two- wheeler, two-wheeler servicing, purchasing accessories, news and updates or any other service that may be offered by The Second Option on The Second Option Platform (hereinafter individually, and collectively referred to as "The Second Option Services”). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all The Second Option Services offered by Infi9 Innovations Private Limited or its affiliates.
For the purpose of these Terms of Use, wherever the context so requires, ("You" or "Your" or "Yourself" or "Buyer" or ”Seller” or “Customer”) shall mean a natural or legal person interested in availing The Second Option Services. The term "We", "Us", "Our" shall mean The Second Option.
By registering on, accessing, browsing, downloading details or using The Second Option Platform for any general purpose or for the specific purpose of availing any The Second Option Service, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each The Second Option Service (hereinafter collectively referred to as the “T&Cs” or “Terms of Use”). These T&Cs shall also include any additional or modified terms and conditions in relation to any additional or modified service-specific terms and conditions in relation to any The Second Option Service or any future service that may be offered by The Second Option on The Second Option Platform. By registering on, accessing, browsing, downloading details or using (as applicable) The Second Option Platform or availing any The Second Option Service, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use The Second Option Platform and immediately stop availing The Second Option Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter referred to as “Agreement”) between You and The Second Option and for the same You shall be competent to get into a contract as per the Indian Contract Act, and also is You should have attained the age of 18 years , not an undischarged insolvent, or a person who has been suspended or removed from The Second Option Platform by The Second Option. You shall be an individual user of The Second Option Platform or a Customer or beneficiary of The Second Option Services. All services are rendered by The Second Option through The Second Option Platform under the brand name “The Second Option” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, The Second Option, regarding Your use of The Second Option’s digital services or any such other services which may be added on The Second Option Platform and which will henceforth be a The Second Option Service, from time to time. The Second Option Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, The Second Option grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use The Second Option Platform and/or avail The Second Option Services.
Additional terms and conditions may apply in order for You to avail specific The Second Option Services and to specific portions or features of The Second Option Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of The Second Option Platform or for any The Second Option Service offered on or through The Second Option Platform, the latter terms shall control with respect to Your use of that portion of The Second Option Platform or the specific The Second Option Service. The Second Option may make changes to any The Second Option Services offered on The Second Option Platform, or to the applicable terms for any such The Second Option Services, at any time, without notice. The materials on The Second Option Platform with respect to The Second Option Services may be out of date, and The Second Option makes no commitment to update the materials on The Second Option Platform with respect to such The Second Option Services.
The Second Option offers You the opportunity to voluntarily share Your contact details on The Second Option and The Second Option Platforms. This information is used for tracking a user’s purchase journey and may be provided to participating platforms or The Second Option partners in the event of a promotion, sale, offer or for regular business. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which The Second Option’s user information is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of The Second Option is solely responsible only for those content that it actually operates. For The Second Option registered users, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The user information shall be owned and operated by Incredible Technologies for use on all Participating Platforms, by Incredible Technologies or its affiliates. For the use of The Second Option’s services, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration. The Second Option cannot be held liable for any incorrect information provided by users. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties or to disclose them otherwise. The user is obliged to inform The Second Option immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to Us to make an offer to enter into the agreement. The Second Option is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for The Second Option) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
You understand that except for information, products or services clearly indicated as being supplied by The Second Option, We do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that The Second Option cannot and does not guarantee or warrant that files available for download through The Second Option Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
You agree that The Second Option, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of The Second Option Services/The Second Option Platform and remove and discard You on The Second Option Platform all or any part of Your account, Your user profile, or Your recipient profile, at any time. The Second Option may also in its sole discretion and at any time discontinue providing access to The Second Option Services, or any part thereof, with or without notice. You agree that any termination of Your access to The Second Option Services/The Second Option Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that The Second Option will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity from Your part shall be referred to appropriate law enforcement authorities and if You found any fraudulent, abusive or illegal activity, then the same shall be first reported to The Second Option. Upon termination for any reason, You agree to immediately stop using The Second Option Services/The Second Option Platform.
In no event, The Second Option or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or nonpecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) The Second Option Services, The Second Option Platform or any reference site/app/platform/service; or (iii) Your use or inability to use The Second Option Services, The Second Option Platform (including any and all materials) or any reference sites/app/platform/service, even if The Second Option or a The Second Option authorized representative has been advised of the possibility of such damages. In no event, The Second Option or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) The Second Option Services, The Second Option Platform or any reference site/app/platform/service; or (iii) Your use or inability to use The Second Option services, The Second Option Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with The Second Option, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of The Second Option Service or The Second Option Platform giving rise to the cause of action, or beyond or in excess Rs.1,000, whichever is lesser. You acknowledge and agree that The Second Option has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and The Second Option, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and The Second Option. The Second Option would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, The Second Option’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold The Second Option, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of The Second Option Services or of The Second Option Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. The Second Option reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify The Second Option, including rights to settle, and You agree to cooperate with The Second Option’s defence and settlement of these claims. The Second Option will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, The Second Option and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from The Second Option or through The Second Option Services or The Second Option Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “The Second Option” includes The Second Option’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that The Second Option is a reseller of used two-wheelers and is not liable for any third party obligations due to rates, quality and all other instances. You expressly agree that use of The Second Option Services on The Second Option Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. The Second Option does not warrant that The Second Option Services will be uninterrupted or error-free or that defects in the site will be corrected. The Second Option Services and The Second Option Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. The Second Option, and its third party suppliers, licensors, and partners do not warrant that the data, The Second Option software, functions, or any other information offered on or through The Second Option Services/The Second Option Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. The Second Option and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of The Second Option Services/The Second Option Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through The Second Option Services/The Second Option Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will The Second Option be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use The Second Option Platform.
The Second Option Services and The Second Option Platform are owned and operated by The Second Option and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of The Second Option Services and The Second Option Platform provided by The Second Option (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and The Second Option, all Materials, trademarks, service marks, and trade names contained on The Second Option Platform are the property of The Second Option and/or third party licensors or suppliers. You agree not to remove, obscure, or alter The Second Option or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through The Second Option Services/The Second Option Platform. Except as expressly authorized by The Second Option, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Second Option reserves all rights not expressly granted in this Agreement. If You have comments regarding The Second Option Services and/or The Second Option Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to The Second Option, and shall assign to The Second Option, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
The Second Option reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on The Second Option Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of The Second Option Platform, availing The Second Option Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of The Second Option Services/The Second Option Platform. For certain changes, The Second Option may be required under applicable law to give You advance notice, and The Second Option will comply with such requirements. Your continued use of The Second Option Platform following the posting of changes will mean that You accept and agree to the changes.
The Second Option may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on The Second Option Platform or by any other reasonable means. Except as otherwise set forth herein, notice to The Second Option must be sent by courier or registered mail to Infi9 Innovations Private Limited, 2nd Floor, A, 212, 1st Main Rd, Stage 2, Domlur, Bengaluru, Karnataka 560071, India, with subject line - Attention: TERMS OF USE.
The failure of The Second Option to exercise or enforce any right or provision of this Agreement or Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement or Terms of Use will be effective if the same is in writing and signed by The Second Option.
If any dispute, controversy or claim arises under this Agreement or in relation to any The Second Option Service or The Second Option Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, The Second Option may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore and the language of this arbitration shall be English. Either You or The Second Option may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore necessary to protect the rights or the property belonging to You or The Second Option (or any of Our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor The Second Option may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and The Second Option. In all arbitrations, each party will bear the expense of its own lawyers and preparations. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against The Second Option must be resolved by a court having jurisdiction in Bangalore, India. You agree to submit to the personal jurisdiction of the courts located within Bangalore, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without The Second Option’s prior written consent which may be withheld in The Second Option’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by The Second Option freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by You in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, You agree to be Customers of The Second Option (including, each of Incredible Technologies and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring The Second Option’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using The Second Option Platform and availing The Second Option Services by You subject to any specific terms and conditions imposed by any affiliate of The Second Option; (c) for receiving communications, notices and information from any Incredible Technologies or any affiliate of Incredible Technologies; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between Incredible Technologies and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to The Second Option’s customers (including You); (ii) provision of better services by The Second Option’s vendors; (iii) to prevent any breach of a binding agreement between Incredible Technologies and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by The Second Option or by any affiliate of The Second Option; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Incredible Technologies or any affiliate; or (vi) Incredible Technologies retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. At times Incredible Technologies or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with The Second Option to provide products and services, or that help The Second Option market to customers. Personal information will only be shared by The Second Option to provide or improve The Second Option’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. The Second Option, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, assessing Your interest in The Second Option’s products and services, offering any products or services from any The Second Option Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect Your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for The Second Option to disclose Your personal information. The Second Option may also disclose information about You if The Second Option determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. The Second Option may also disclose information about You if The Second Option determines that disclosure is reasonably necessary to enforce the T&Cs or protect The Second Option’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of The Second Option’s business or products or services offered through any The Second Option Platform to any persons (including any affiliates), The Second Option may transfer any and all personal information that The Second Option collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of Incredible Technologies; or (b) a person under the control of or under common control with Incredible Technologies; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Infi9 Innovations Private Limited (calculated on a fully diluted basis). For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including The Second Option), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever. The Second Option’s privacy policy applies to use of The Second Option Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using The Second Option Platform, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to The Second Option Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
All the Payments made by You for the services availed by using The Second Option Platform, You will be bound by the Terms and Conditions as mentioned in the payment gateway. You hereby agrees and confirms that The Second Option will not be held liable or held responsible for any payment related issue resulting from the use of the payment gateway provided in the website.
The Second Option Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by The Second Option from availing The Second Option Digital Services or accessing The Second Option Platform. By accepting the T&Cs or by otherwise using The Second Option Digital Services on The Second Option Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by The Second Option, or disqualified for any other reason. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, The Second Option reserves the right to suspend or permanently prevent You from availing The Second Option Digital Services or using The Second Option Platform.
Under certain circumstances, The Second Option after obtaining the consent from You may provide assistance in the transfer of ownership of the vehicle. While doing so it shall be Your responsibility to provide all the necessary assistance for the effective completion of transfer of ownership, which includes but not limited to providing all the relevant documents, providing OTP in the Aadhar linked mobile number, linking of the Aadhar Number if the same is not linked, visiting the concerned RTO if needed etc.
If you abstain or refuse to do your obligation and that results in delay in the Transfer of ownership, in that circumstances all the liabilities, legal cases and criminal liability related to the vehicle will be on you and The Second Option shall not be held responsible at all.
If The Second Option takes the responsibility of Paper transfer based on the consent of the seller, then the same will only be initiated when the Vehicle has been delivered to the Buyer or end customer.