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Terms Of Use

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.

Acceptance:

 

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.

Other Terms and Conditions:

 

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.

User Information and Participating Platforms:

 

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.

Communication Policy
Customer Communications
  1. Accepting these T&C, implies Your express consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You while registering Your Account. You further agree to Us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Product. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
  2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and not someone else's and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Us and emails at each of the email addresses You have provided Us. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address (es)
By accepting the T&Cs, you accept the following:
  1. The Second Option may send alerts to the mobile phone number provided by You while registering with The Second Option Platform or on any updated mobile number subsequently provided by You on The Second Option Platform, or via e-mail. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e- mail ids are functional. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional, then You may not get the alert at all or get delayed messages.
  2. The Second Option will make best efforts to provide alerts via SMS/e-mail and it shall be deemed that You shall have received the information sent from The Second Option as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using The Second Option Platform or availing any The Second Option Services. The Second Option shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold The Second Option liable for non- availability of the SMS/email alert service in any manner whatsoever.
  3. The SMS/e-mail alert service provided by The Second Option is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, The Second Option shall be immediately informed about the same by You and The Second Option will make best possible efforts to rectify the error as early as possible. You shall not hold The Second Option liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert facility.
  4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert service depend on many factors including the infrastructure and connectivity of the service provider. The Second Option shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  5. You will indemnify and hold harmless The Second Option and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which The Second Option or the SMS/e- mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the Customer receiving any message relating to the buying/ selling a used two-wheeler, reservation, meeting scheduling, shipment updates, and other services from The Second Option and/or the SMS/e-mail service provider.
  6. You will receive information via SMS, e mail and phone call regarding what The Second Option perceive to be of Your interest based on Your usage history and browsing history (which information may be shared by Incredible Technologies with its affiliates). This includes providing information relating to offers, discounts and general information by The Second Option. In case You do not want such information, You have to explicitly ask to be excluded.
Use of The Second Option Platform

 

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.

Vehicle Logistics terms

 

The Second Option provides logistics supply to its interested Seller(s) who are willing to sell vehicle to The Second Option, below are the terms and conditions for the logistics of the vehicles:
  1. PICKUP OF VEHICLE : You may choose to sell Your vehicle to The Second Option as per Your choice and convenience. You may choose to perform the service on any day of the week and for several times You may wish for. When You click on the accept sale option upon a notification of a task, You expressly consent each time for providing Your services to the user. You agree that You take services directly from The Second Option as the case maybe.
    • Transportation/ Delivery Services from Merchant Establishments: You acknowledge that the You may sell Your vehicle with The Second Option on the Platform through The Second Option Platform. In this regard, You shall provide logistics cost borne by The Second Option for transportation/pickup services from Your location. You shall be liable to pay INR 250 (Two Hundred Fifty Rupees Only) only in case, if You ask for return of Your vehicle picked up by The Second Option. The payment shall be made to The Second Option agent in cash or through online payment mode to The Second Option account which shall be shared with You in respect to the transactions initiated by the You on this Platform (“Logistics”).
    • Pick up of Vehicle: You hereby agree that while providing pick up pertaining to Your vehicle to The Second Option agent, if you provide express consent to do the Transfer of ownership of your vehicle by The Second Option. You acknowledge that You shall provide The Second Option with all necessary documents required for transfer of Your vehicle ownership and also provide coordination for RTO rules and regulations.
  2. Pick up Services: You acknowledge that You may initiate a transaction on The Second Option Platform and after that You will be required to keep Your vehicle ready with all necessary documents before the vehicle is picked up from Your location. You agree that before the delivery of the vehicle You shall ensure the documents is not tempered, lost or blur. You further agree that before giving delivery off the vehicle, You shall take reasonable measures to ensure that You have provided exact location for the pick-up of Your vehicle and it is handed over to The Second Option agent and You shall be responsible for safe pick up of the vehicle to The Second Option agent as may be specified by The Second Option.
Prohibited Conduct

 

By accessing or using The Second Option Platform or by availing The Second Option Services, You agree not to:
  1. Violate the T&Cs
  2. Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via The Second Option Services, perform any other similar fraudulent activity or otherwise avail The Second Option Services with what we reasonably believe to be potentially fraudulent funds;
  3. Infringe The Second Option’s or any third party’s intellectual property rights, rights of publicity or privacy.
  4. Use The Second Option Services if You are under the age of 18 years or not competent as per the provisions of the Indian Contract Act.
  5. Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person.
  6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature.
  7. Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to The Second Option.
  8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of The Second Option Services and The Second Option Platform or features that enforce limitations on the use of The Second Option Services or The Second Option Platform.
  9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards The Second Option Services or The Second Option Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law.
  10. Use The Second Option Services or The Second Option Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using The Second Option Services or The Second Option Platform in an automated manner.
  11. Modify, adapt, translate or create derivative works based upon The Second Option Services and The Second Option Platform or any part thereof, except and only to the extent that that this is permissible by applicable law.
  12. Intentionally interfere with or damage operation of The Second Option Services or The Second Option Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
  13. Use any robot, spider, other automatic device, or manual process to monitor or copy The Second Option Platform without prior written permission from The Second Option.
  14. Interfere or disrupt The Second Option Platform or networks connected to The Second Option Platform.
  15. Take any action that imposes an unreasonably or disproportionately large load on The Second Option’s infrastructure/network.
  16. Use any device, software or routine to bypass The Second Option Platform’s robot exclusion headers, or interfere or attempt to interfere, with The Second Option Services.
  17. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through The Second Option Platform or to manipulate Your presence on The Second Option Platform.
  18. Sell The Second Option Services, information, or software associated with or derived from it.
  19. Use the facilities and capabilities of The Second Option Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  20. Breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs.
  21. Provide false, inaccurate or misleading information to The Second Option.
  22. Use The Second Option Platform to collect or obtain personal information, including without limitation, financial information, about other users on The Second Option Platform, except and only as expressly provided in the T&Cs
  23. Avail The Second Option Services with what The Second Option reasonably believes to be potentially fraudulent funds.
  24. Use The Second Option Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to The Second Option, a third party or You.
  25. Use The Second Option Services in a manner that The Second Option or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
  26. Take any action that may cause The Second Option to lose any of The Second Option Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers.
  27. Send automated request of any kind to The Second Option Platform without express permission in advance from The Second Option.
Termination; Agreement Violations

 

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.

Limitation of Liability and Damages

 

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.

Indemnification

 

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.

Disclaimer; No Warranties

 

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.

Ownership; Proprietary Rights

 

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.

Modification of this Agreement

 

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.

Notice

 

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.

Waiver

 

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.

Dispute Resolution

 

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.

Governing Law and Forum for Disputes

 

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.

Severability

 

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.

Assignment; Restrictions on Information Sharing; Privacy

 

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.

Survival

 

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.

Headings

 

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.

Bill Payments and Digital Products Terms & Conditions

 

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.

Eligibility

 

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.

General Terms & Conditions

 

  1. The Second Option also facilitates an old bike to new bike exchange.
  2. The Second Option reserves the right to change/modify/add/delete any of the terms and conditions applicable on different promotional schemes introduced in the market from time to time.
  3. The Second Option is not liable to provide HSRP plates to its customers, as The Second Option procures and Sells second hand two wheeler to the end customer or Buyer, the Company does not change or alter the number plates of the vehicles.
  4. The Second Option can extend or terminate the offers/sale, without prior information at any point of time.
  5. The Second Option shall quote a price while procuring vehicle which shall be tentative price, and thereafter an inspection is conducted by the Inspection team and based on the inspection a final price will be communicated to the Seller. The final price of the vehicle may change based on the inspection conducted by the Inspection team.
  6. In case of any query pertaining to the offer or voucher, please contact our customer care by emailing us at ahm.info@thesecondoption.com or call on +91 90755 55557 Monday to Sunday from 10.00 am to 7.00 pm.
  7. The Second Option reserves the right to cancel any reservation/order placed using promotional vouchers. Some situations where Your reservation/order may be cancelled include without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers or inaccuracies of voucher pricing, technical glitches and value thresholds. The discount amount will not be refunded in such cases.
  8. If a Seller requests for the return of the vehicle, the logistic costs as mentioned in the Terms of Use or this Agreement will be borne by the Seller.
  9. Two or more offers cannot be clubbed together, until and unless specified otherwise.
  10. Offer may not be applicable for all products on the website.
  11. Special coupons should be redeemed within the limited period and validity once expired, cannot be extended later.
  12. If a Customer wants to return a product, the same offer will not be provided again to the Customer.
  13. Customer needs to opt for ongoing offers available on The Second Option Platform.
  14. All offers are subject to time validity.
  15. Once the vehicle is sold to the Customer, The Second Option shall not accept the return of vehicle in any other circumstances other then as provided in this Agreement.
  16. Any issues regarding spare parts, only the manufacturer of the spare parts will be held responsible and The Second Option will never be held responsible for the same.
  17. The voucher cannot be exchanged in cash or kind.
  18. The Second Option reserves the right to exercise its discretion with respect to claims made, the time period, applicability and availability of vehicles.
  19. All disputes will be subject to the exclusive jurisdiction of Bangalore courts only.
  20. If there is any technical issue and the order gets placed with the incorrect discount amount, The Second Option reserves the right to cancel that order.
  21. If any orders are placed due to a technical error, The Second Option reserves the right to cancel that order without any prior information.
  22. While selling vehicle to The Second Option, vehicle should be free of all the encumbrances including but not limited to any liability such as due to any outstanding loans or financing, litigation or court case, superdari, arears of sales tax, value-added tax, GST, road tax, government dues, blacklisted in government records or any similar liabilities. If found otherwise, The Second Option shall make the payment after deducting all the expenses as per Our standard terms and conditions or shall have the right to cancel the sale.
  23. If the Seller rejects a quotation or if there is an update in the delivery note by The Second Option, in such circumstances, the rejected delivery note and preceding delivery note shall stand null and void.
  24. The Seller declares that, the vehicle sold to The Second Option is not modified or tampered in any manner and does not carry any legal liabilities such as challans, litigations, police complaints, etc. If The Second Option finds any of these on the vehicle, the Seller will be held liable and The Second Option holds all rights to return the vehicle with full refund and to take appropriate legal actions against the Seller.
  25. The vehicles which comes under The Second Option warranty or 7 days buy protect, all the terms and conditions related to it shall be governed by the product warranty or the warranty booklet or The Second Option promise booklet provided to You.
Terms and Conditions for Ownership Transfer

 

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.

VEHICLE SERVICE TERMS AND CONDITIONS

 

  1. The Second Option provides Door to Door general service to its Customers which is chargeable.
  2. The Second Option provides vehicle servicing to its Customers through The Second Option service centers or The Second Option authorised service centers which is chargeable.
  3. For claiming warranty as mentioned in the warranty booklet provided to You, Customers have to get the vehicle serviced at The Second Option authorised service centres or through Door-to-Door service.
  4. The Second Option thrives to give customer full satisfaction on the service by providing pre and post ride of vehicle before servicing along with the fitness report of the vehicle.
  5. The Second Option charges for any additional services on request of the Customer on the vehicle.
  6. To avail service kindly email us at ahm.info@thesecondoption.com
  7. In case a Customer requests for repairs other than general servicing, it shall be chargeable as per the actual cost including labour charges.
Two-wheeler General Servicing

 

The Second Option provides below services under two-wheeler general servicing (subject to labour cost) to its Customers:
  1. List of Services that is including labour cost under general servicing:
    • Engine Oil Drain & Replacement
    • Carburetor Adjustment / Cleaning
    • Front & Rear Suspension
    • Engine Tuning
    • Headlamp Focus Adjustment
    • Horn Setting
    • Switches & Electricals Check-up
    • All Nuts & Bolts Tightening
    • MC & Caliper Piston Seal Check-up
    • General Lubrication (Oil / Grease)
    • Vehicle Cleaning
    • Drive Chain Adjustment & Lubrication (Oil / Grease)
    • Clutch Play Adjustment
    • Gear Oil Top-up
    • Throttle Play Adjustment
    • Brake Adjustment & Tightening
    • Spark Plug Cleaning & Adjustment
    • Air Filter Cleaning / Replacement
    • Oil Filter Cleaning / Replacement
    • Brake Oil Check / Top-up
    • Body Fitting Check
    • Eco wash and Policing
CONDITIINS GOVERNING THE DIY OFFER(200rs)

 

  1. Evaluation of the image's quality is an integral part of The Second Option's offer validation process.
  2. Procurement of the vehicle is a mandatory eligibility criterion of the offer.
  3. Multiple entries for the identical vehicle will be consolidated and considered as a single entry