TERMS & CONDITIONS

1. GENERAL

1.1. These terms of the offer for sale (“Supply Terms”) apply to products purchased via www.wowtopgear.com which is a website managed by FNF Autocare India, a Partnership Company (“Company” or “TOP GEAR” or “We” or “Us” and its successors and assigns). Under these Supply Terms, the users of the website will be referred to as (“You” or “Your” or “Yourself” or “User” or “Customers”).

1.2. Please read the terms of offer for sale carefully before purchasing any products or availing any services on the website. Any purchase made by you through the website shall signify your acceptance of the supply terms and your agreement to be legally bound by the same. In addition to the foregoing, you shall also be bound by the terms of use of the website, terms by the vendor or additional terms of service which are displayed with the selection of the product, if any (“additional terms”). If there is any conflict between the supply terms and the additional terms, the additional terms shall take precedence in relation to that sale.

1.3. The Website is an Internet-based portal owned and operated by the Company. Use of the Website is offered to You subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Service (defined below). By (i) using this Website or any facility or service provided via this Website in any way; or (ii) merely browsing the Website, you agree that You have read, understood and agreed to be bound by these Terms and the Privacy Policy available at the www.wowtopgear.com homepage under Footer Menu.

1.4. The Company shall not be required to notify You of any changes made to the Terms. The revised Terms shall be made available on the Website. Your use of the Website is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.wowtopgear.com to view the most current Terms. You can determine when the Company last modified. It shall be Your responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website will constitute Your acceptance of such changes

1.4. If you do not agree with the supply terms, please do not access the website for any purchase.

2. BUSINESS

2.1. The Website is a platform that facilitates the online sale of merchandise manufactured by us and services (“Services”) offered by third party service providers (Logistic partners etc)

2.2. TOP GEAR has the right to change or discontinue any Service at any time, without notice. TOP GEAR may add or modify the procedures, modes, processes or conditions of purchase at any time. TOP GEAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Services.

3. PRODUCT

3.1. TOP GEAR enables the sale of a variety of Products. SHIPPING for all the products on the Website shall be per the company’s policy, which may be changed by TOP GEAR from time to time.

3.2. In case, you receive a damaged Product, please bring it to the notice of the delivery personnel immediately. In case you notice an issue later, please get in touch with us on our customer care number or write to us at support@wowtopgear.cm. Damage will be assessed within 3-15 days and a solution will be offered. The piece may be replaced or other corrective measures may be taken to address the issue.

4. SERVICES

4.1. You should take all responsibility for your own actions in utilizing the Products purchased by you and TOP GEAR shall not be liable for any such action.

4.2. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.

4.3. TOP GEAR shall not be responsible for any deficiency in payment of consideration payable towards the Products purchased on the Website.

5. PRICING INFORMATION

5.1. The Pricing Information relating to the Product shall be as disclosed to you at the time of your purchase.

5.2. TOP GEAR strives to cause to provide You the best prices possible on Products You buy via the Website. However, TOP GEAR does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.

5.3. While TOP GEAR strives to provide accurate information relating to Products, services including pricing information, typographical and other errors may occur. In the event that a Product or service is listed at an incorrect price or with incorrect information due to an error, TOP GEAR may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. TOP GEAR will have the right to modify the price of the Product and contact You for further instructions via the e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If TOP GEAR cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.

5.4 Please note the prices on our website are subject to price fluctuations, due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.

6. CREDIT CARD DETAILS

You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/debit card that is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/debit card details. TOP GEAR expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card.

7. DELIVERY OF THE PRODUCT

Orders that are placed on Saturday or Sunday will be processed on Monday. Your shipping address, pin code will be mentioned when you proceed to pay for your purchase. If your order is not serviceable by delivery partners or the vendor or the area is not covered, we will request you to provide us with an alternate shipping address which we expect to have on delivery partner’s/vendor’s delivery list. If there is any dispute regarding the shipment of the product or services for the area not covered by TOP GEAR, TOP GEAR will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, efforts will be made to ship all products together. However, this may not always be possible. If you purchase multiple products in a single transaction, you may provide separate shipping addresses for each product.

8. ELIGIBILITY TO USE

8.1. Services are not available to minors. In India, persons under 18 years of age are minors. It shall be Your responsibility to ensure that you are eligible to enter into a contract if You are resident outside India. If You do not conform to the above qualification, you are not permitted to avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.

8.2. The Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.

9. USER ACCOUNT, PASSWORD, AND SECURITY

9.1. The Company may make the Services available to You only if You have provided TOP GEAR certain required User information and/or created an account (“Account”) through a TOP GEAR ID and password or other log-in ID and password (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer for Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

9.2. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify TOP GEAR of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. TOP GEAR cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by TOP GEAR or any other user of or visitor to the Website due to the authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

9.3. You shall ensure that the Account Information provided by You in the Web site’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

9.4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TOP GEAR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TOP GEAR has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

10. USER OBLIGATIONS

10.1. Subject to compliance with the T & C, TOP GEAR grants You a non-exclusive, limited privilege to access and use this Website.

10.2. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

10.3. You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the product catalogues) that You will access the Website in accordance with the T & C.

10.4. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by TOP GEAR. You shall not use any deep-link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

10.5. By accessing or using the Website or Services, you may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. TOP GEAR disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed below

10.6. If the Website allows You to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:

Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any TOP GEAR server, or to any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);

A probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of TOP GEAR, including any TOP GEAR Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other users.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of TOP GEAR or other third parties;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guides, which may be applicable to the Service;

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the Terms including but not limited to any applicable Additional Terms; and

Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

10.7. You agree that You are solely responsible to TOP GEAR and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which TOP GEAR or its affiliates or its vendors may suffer) for any such breach.

11. USE OF MATERIALS

11.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, TOP GEAR hereby grants You a non-exclusive, freely revocable (upon notice from TOP GEAR), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;

You may not modify or alter product catalogues or any other materials available on the Website; and

You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

11.2. The rights granted to You as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by TOP GEAR.

12. USAGE CONDUCT

12.1. You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

12.2. You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

12.3. TOP GEAR shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the dec of authorization for any transaction for any reason whatsoever.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by TOP GEAR and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

13.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of TOP GEAR or other third parties. You are not permitted to use the Marks without the prior consent of TOP GEAR or the third party that owns the Marks.

13.3. TOP GEAR owns all intellectual property rights to the trademark “Top Gear“ variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

13.4. Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from TOP GEAR or thirty party owners of such Content.

13.5. The Website makes available general third-party information such as product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images, and photographs of the products and other data from external sources (“Third Party Content”). Similar Third-Party Content would also be available to You on the email received by You from TOP GEAR. The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. TOP GEAR does not provide any guarantee with respect to any the Third-Party Content and TOP GEAR shall not be held liable for any loss suffered by You due to Your reliance on or use of such data.

14. DISCLAIMER OF WARRANTIES & LIABILITY

You expressly understand and agree that to the maximum extent permitted by applicable law:

14.1. You agree to indemnify, defend and hold harmless TOP GEAR from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TOP GEAR that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products.

14.2. In no event shall TOP GEAR, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not TOP GEAR has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, TOP GEAR’s entire liability to You under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.

14.3. TOP GEAR will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. TOP GEAR endeavours to ensure that all the information on the website is correct, but TOP GEAR does not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. TOP GEAR shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, TOP GEAR shall not be responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. TOP GEAR is not responsible for any typographical error leading to any invalidity of any kind. TOP GEAR accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.

14.4. TOP GEAR shall not be liable for any third-party product or services. The advertisements available on e-mail or website with respect to any third-party website or the products and services are for information purpose only.

14.5. Not with standing anything to contrary, TOP GEAR’s entire liability to you shall be the refund of the money charged to you for any product or service, in relation to which unlikely liability arises.

14.6. In no event shall TOP GEAR, its officers, directors, employees, partners or suppliers be liable to you for any (1) special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not TOP GEAR has been advised of the possibility of the same, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with your use of or access to the website, services or materials.

14.7. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

15. VIOLATION OF THE TERMS OF USE

15.1. TOP GEAR may, in its sole discretion and without prior notice, terminate Your access to the Website if TOP GEAR determines that You have violated the Terms or Additional Terms or any other duty owed to TOP GEAR. Any violation by You of the Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to TOP GEAR, for which monetary damages are likely to be inadequate, and You consent to TOP GEAR obtaining any injunctive or equitable relief that TOP GEAR deems necessary or appropriate. These remedies are in addition to any other remedies TOP GEAR may have at law or in equity.

15.2. You agree to indemnify, defend and hold harmless TOP GEAR, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TOP GEAR that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, you agree to hold TOP GEAR harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. TOP GEAR will also be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TOP GEAR.

16. TERMINATION

16.1. The Terms will continue to apply until terminated by either You or TOP GEAR as set forth below. If You want to terminate Your agreement with TOP GEAR, you may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).

16.2. TOP GEAR may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

16.2.1. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;

16.2.2. TOP GEAR is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);

16.2.3. The provision of the Services to You by TOP GEAR is, in TOP GEAR’s opinion, no longer commercially viable;

16.2.4. TOP GEAR has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;

or

16.2.5. For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. TOP GEAR may also delete any content or other materials relating to Your use of the Website.

16.3. TOP GEAR shall not be liable to You or any third party for any such termination.

16.4. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.

17. GOVERNING LAW

17.1. The Terms and all transactions entered and the relationship between You and TOP GEAR and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

17.2. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at District Court, Rohini (Delhi), India and You hereby accede to and accept the jurisdiction of such courts.

18. REPORT ABUSE

In the event, you come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Website, please report to Support@wowtopgear.com.

19. PRIVACY POLICY

You confirm that you have read and fully understand the Privacy Policy of TOP GEAR in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

20. NEWSLETTERS AND COMMUNICATIONS

You hereby expressly agree to receive communications and newsletters from TOP GEAR by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from TOP GEAR at any time by following the procedure set forth in the Website.

21. GENERAL PROVISIONS

21.1. Notice: All notices from TOP GEAR will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to TOP GEAR pursuant to the Terms should be sent to Support@wowtopgear.com.

21.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. TOP GEARS’s rights under the Terms of Use are freely transferable by TOP GEAR to any third parties without the requirement of seeking Your consent.

21.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.

21.4. Waiver: Any failure by TOP GEAR to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

21.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. TOP GEAR shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) TOP GEAR is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from TOP GEAR for the feedback under any circumstances.

21.6. Exactness Not Guaranteed: www.wowtopgear.com try their best to deliver products exactly the way they appear on the site. www.wowtopgear.com hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged product via email to Support@wowtopgear.com within 7 days of receiving the Product. A representative from www.wowtopgear.com will review the evidence, and if it is found valid, www.wowtopgear.com will send an email communication to you requesting for a replacement. If the replacement Product is also damaged, and TOP GEAR finds the evidence from you valid, then your order will be cancelled and you will be fully refunded via your initial method of payment. In all these cases, arrangements will be made to collect the damaged Product. You agree in this instance, that www.wowtopgear.com will make the final judgment on whether a Product has been significantly damaged.