Welcome to Incubus Wheels LTD (“Company”, “we”, “our”, “us”)! These Terms of Purchase (“Terms”, “Terms of Purchase”) govern your use of our website located at www.incubuswheel.com (together or individually referred to as “Purchase”) operated by INCUBUS WHEELS LTD.
Our Privacy Policy also governs your use of our Purchase module and explains how we collect, safeguard, and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Purchase module. However, please let us know by emailing us at Info@incubuswheel.com so we can try to find a solution.
These Terms apply to all visitors, users, and others who wish to access or use the Purchase module.
You agree, understand, and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate, and you shall not use a credit/debit card or financial facility which is not lawfully owned or obtained by you.
You also understand that any financial information submitted by you is directly received by our acquiring bank and not by us. We will not be liable for any credit/debit card fraud. The liability for fraudulent use of a card will be on you, and the onus to "prove otherwise" shall lie exclusively with you.
We and our associated acquiring banks or financial institutions reserve the right to recover the cost of goods, collection charges, and legal fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions also reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions, in accordance with applicable laws.
If you wish to purchase any product made available through our Purchase module (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Purchase module availability, errors in the description or pricing of the product or Purchase, errors in your order, or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Purchase module may be governed by rules that are separate from these Terms of Purchase. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms of Purchase, the Promotion rules will apply.
Our Purchase module allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Purchase module, including its legality, reliability, and appropriateness.
By posting Content on or through this module, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Purchase module does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post, or display on or through the Purchase module, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Purchase module.
However, by posting Content using the Purchase module, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Purchase module. You agree that this license includes the right for us to make your Content available to other users of the Purchase module, who may also use your Content subject to these Terms.
INCUBUS WHEELS LTD has the right, but not the obligation, to monitor and edit all Content provided by users. In addition, Content found on or through this Purchase module is the property of INCUBUS WHEELS LTD or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You may use our Purchase module only for lawful purposes and in accordance with our Terms. You agree not to use the Purchase module:
Additionally, you agree not to:
We may use third-party Purchase module Providers to monitor and analyze the use of our Purchase module.
Purchase module is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Purchase, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Purchase.
The Purchase module and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of INCUBUS WHEELS LTD and its licensors.
The Purchase module is protected by copyright, trademark, and other laws of both domestic and foreign jurisdictions. Our trademarks may not be used in connection with any product or Purchase module without the prior written consent of INCUBUS WHEELS LTD.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Purchase module infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Info@incubuswheel.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding any Content found on and/or through the Purchase module that you claim infringes your copyright.
You may provide us either directly at Info@incubuswheel.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Purchase module (“Feedback”). You acknowledge and agree that:
In the event the transfer of ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.
Our Purchase module may contain links to third-party websites or services that are not owned or controlled by INCUBUS WHEELS LTD. INCUBUS WHEELS LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the Terms of Purchase and Privacy Policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to our Purchase module immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using our Purchase module.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to this agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Purchase module and supersede and replace any prior agreements we might have had between us regarding Purchase.
We reserve the right to withdraw or amend our Purchase module or any material we provide via our Purchase module, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Purchase module is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Purchase module, or the entire Purchase module, to users, including registered users.
We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Purchase module after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Purchase.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING THE PURCHASE MODULE OR OTHER PURCHASES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF PURCHASE MODULE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, and requests for technical support by email – Info@incubuswheel.com.