Privacy Policy

We, www.motokart.co.in, the creator of this Privacy Policy are committed to ensuring your privacy. Accordingly, we have developed this Policy in order to explain to you how we collect, use, communicate and disclosed and make use of information about you. This privacy policy should be read in accordance with any agreement you have with www.motokart.co.in including our Terms of Service. We will make readily available to customers information about our policies and practices relating to the management of personal information.

OVERVIEW

We commit to respecting your privacy data and we voluntarily follow the stringent international policies and laws on data privacy. We further recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. Personal Information that is considered personal about you would be strictly stored in our databases till such period of time (“Cut-Off Period”) when we can use this Personal Information to potentially provide services to you. For sake of clarity all the Personal Information beyond the Cut-Off Period would be destroyed from our databases and would be inaccessible to anyone including us. Personal Information would not be shared with any third party without your explicit permission unless and until it is mandated by Government agencies or court of law.

We have always honoured our users’ rights to data privacy and protection. Over the years, we’ve demonstrated our commitment to this by consistently exceeding industry standards. We have no need to collect and process users’ information beyond what is required for the functioning of our products, and this will never change. We have a privacy-conscious culture here and we maintain all data protection norms as regulated by TRAI and in sync with other global data protection regulations, such as GDPR and CCPA.

NOTIFICATION OF MODIFICATION AND CHANGES TO THE TERMS OF SERVICE AND THE PRIVACY POLICY

We reserve the right to change the Terms and Privacy Policy from time to time as we deem fit, without any intimation to you, and your continued use of the service/site will signify your acceptance of any amendment to these terms. You are therefore advised to re-read the Terms of Service on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms, you may terminate your use of this website immediately.

INFORMATION WE COLLECT

Information directly obtained from you Our site requires you to give us contact information like name, address, e-mail, telephone number, identification number, location, debit card information; and credit card information for payments for the purposes of availing our services as listed on the Website. In order to facilitate the sale/ purchase of used bikes and other arrangements, we may also require you to provide us with information about your preferences. Any communication between you and Motokart, along with queries and posts on our website are also included in this Privacy Policy. Certain information, such as your name, e-mail addresses, is collected in order to, among other things; verify your identity, use it as account numbers in our record system and to provide information for the leads generated. We may also enable features that require our access to your photo gallery to collect Images, for the purpose to upload on our database for purchase your vehicle on our platform. Information collected indirectly: We may also, obtain information relating to you from third party sources such as social networking websites, databases, dealers, etc. This information includes your name, preferred bike, phone number, e-mail id, and other information on those sites/ dealers, demographic data like age, gender, and other interests; viewing data and advertisement interaction, content, information about your correspondences, and the destination/origin of communication between you and any other person using our website or services. These include (but are not limited to) email communications, blogs, chat room communications, discussion board communications, instant message communications, and experts forum communications for the purposes of providing our services.

COOKIES

We use data collection devices such as “cookies” on certain pages of our Website. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used whether you register with us or not. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes. For example, we may use cookies to personalize your experience at our web pages for e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use book test ride carts on our sites. We also may use cookies to offer you products, programs, or services. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. We may also use “Web beacons” or clear.gifs on this website. “Web beacons” or clear.gifs are small pieces of codes placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For e.g., web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

LOCATION

On Device : When and if You download and/or use Our Platform through Your device, We may receive information about Your location and Your device, including a unique identifier number for Your device, device model, operating systems, versions, software, file names, advertisement identifiers and mobile network information. We may use this information to provide You with location-based Services including but not limited to search results and other personalized content. When You use the Platform through the telecommunication device, we collect Your location data. If You permit the Platform to access Your location through the permission system used by Your mobile operating system, We may also collect the precise location of Your device when the App is running in the foreground or background. We may also derive Your approximate location from Your IP address. Location: You acknowledge and agree that Your geo-location information is required for You to avail the Motokart Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Motokart may share Your geo-location information with Motokart Master Franchise, Franchise, Motokart Partners (as the case maybe).Motokart shall use Your location based information that is captured by Motokart through a global positioning system when You are using Your personal computer or mobile device to request a Motokart Service on its Platform. Such location based information shall be used by Motokart to facilitate and improve the Motokart Services being offered to You. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, the Motokart Partner may have access to such geo-location.

Location Based Services

You acknowledge and agree that Your geo-location information is required from You to provide the enhanced Services to the Users, using the Platform and is required by Motokart for it to provide You with Motokart Services. You acknowledge and hereby consent to the following:(a) Your geo‐location information will be monitored and tracked by Motokart, when You are logged into Your Account on the Platform and available to receive requests for providing Motokart Services from the Users, (b) the approximate location of Your device will be displayed to the User before and during the provision of Motokart Services to such User. In addition, Motokart may monitor, track and share Your geo‐location information obtained by the Platform and Motokart Master Franchise, Motokart Franchise, Motokart Partner Device, as the case may be, for safety, security, technical, marketing and commercial purposes, including to provide and improve Motokart’s products and services.

USE OF YOUR INFORMATION

We collect and use your “Personal Information” only to conduct our business, to help us deliver our products and services to improve our business.

Your contact information is used to contact you when necessary. We use your IP address to understand your requirements, to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information. Finally, we may use your IP address to help protect our partners and ourselves from fraud. We will continue to enhance our security procedures as new technology becomes available. We will transfer information about you if we are acquired by or merged with another company. In this event, we will notify you by email or by putting a prominent notice on the site before information about you is transferred and becomes subject to a different privacy policy.

We may under certain circumstances procure an element of the Services from a third party service provider. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that we may disclose to such third party any of your “Personal Information” that may be necessary for the procurement of services from the third party.

For example, we may share your contact information with a third party to ensure delivery of the service to you. You consent to this sharing of information and being contacted by our partners by continued use of our service.

We neither share any of your Personal Information with third parties not involved in our business, nor sell or trade your Personal Information to third parties for their marketing purposes, without your explicit consent.

We use your “Personal Information” only as described in this Privacy Policy.

We use the Personal Information provided by you to notify you about special offers and products or services that may be of interest to you and to otherwise customise your experience with our service. We do not share this information with outside parties except to the extent necessary to complete your order and fulfil your requirements and with the entities mentioned in this Privacy Policy.

We shall keep your information in our records till the period of time where we can potentially offer our services to you. After such period of time where our services are no more relevant to you, we remove all the information from our records.

CONFIDENTIALITY

Your information is regarded as confidential and therefore will not be divulged to any third party without your explicit approval except to Motokart Master Franchise, Franchise, Motokart Partners, (as the case maybe) and unless legally required to do so to the appropriate authorities. Motokart Master Franchise, Franchise, Motokart Partners, are under a duty of confidentiality to Motokart and are only permitted to use your data provided in connection with the provision of agreed services and delivery of products / services. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address or phone number for unsolicited e-mail or unsolicited communication. Any communications sent by us will only be in connection with the provision of agreed services and delivery of products / services.

DISCLOSURE OF YOUR INFORMATION

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Website. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed: 7.1 Third-Party Service Providers: There may be a number of services offered by third-party service providers that help you use our Website/ services. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. 7.2 Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our affiliates that are committed to serving your needs and related services. Such data will be shared for the sole purpose of enhancing your experience with us and providing our products and services to you. All products and services provided by a third-party service provider shall be described as such while using our services. We share Personal Information with such service providers only to the extent necessary. However, we cannot place limitations on our service providers` use or disclosure of your Personal Information. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You will receive notice of such event (to the extent that it occurs). 7.3 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: ownership rights, intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, ownership infringements, or other activity that is illegal or may expose us or you to legal liability.

OTHER INFORMATION COLLECTORS

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Websites, related to our services or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your Personal Information to others.

SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We will protect Personal Information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We employ many different security techniques to protect such data from unauthorized access by members inside and outside Motokart. We follow generally accepted industry standards to protect the Personal Information submitted to us, when we receive it. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.

DISCLAIMER

We cannot ensure that all of your private communications and other Personal Information (including sensitive information like debit card information, credit card information and bank account number) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the service/ site, you understand and agree that you assume all responsibility and risk for your use of the service/ site, and the documents you post or access and for your conduct on and off the Site.

If we are required to intercept, disclose, monitor and/or store your “Personal Information”: (a) by law; (b) to conduct our business; (c) to secure our systems; or (d) to enforce our own rights, we will do so in the manner as prescribed by law. Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage.

DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, Motokart reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.

Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Chennai, India.

CONSENT

By using this website, you consent to the collection, use, and storage of your information by us in the manner described in this Privacy Policy and elsewhere on this website.

CONTACT US

If you have any questions about this Agreement, the practices of Incredible Technologies Private Limited, please contact our grievance officer: admin@motokart.co.in