Terms of Service

1. About these terms

These terms are the agreement between you and ThuliNexis Digital (Pvt) Ltd (“MotoBi”, “we”, “us”), of 57 Upcot Road, Maskeliya, Sri Lanka, covering your use of the MotoBi mobile app and any related service we provide. By creating an account, posting a listing, registering a shop, or otherwise using MotoBi, you accept these terms. If you do not accept them, please do not use MotoBi.

Under the Electronic Transactions Act, No. 19 of 2006, accepting these terms electronically is as binding as signing a paper document.

Shop owners are asked to accept an additional set of terms when they register a shop. Those terms sit alongside these ones. Where the two differ on a point specific to running a shop, the shop owner terms apply.

2. What MotoBi is — and what it is not

MotoBi is a marketplace and directory. We publish listings for motorbikes, and a directory of mechanic shops, spare-parts shops and bike sellers, so that people can find each other.

We are not a party to any transaction. Specifically:

• We do not own, inspect, store or sell any bike listed on MotoBi
• We do not carry out repairs or supply parts
• We do not hold, transfer or refund money between a buyer and a seller
• We do not guarantee any listing, any bike, any shop, any price, or any work
• We do not verify the accuracy of what a seller writes in a listing

Every agreement — price, condition, payment, delivery, repair, warranty — is strictly between the buyer and the seller or shop. If something goes wrong in that dealing, it is between the two of you. What we do is publish, moderate, and remove what breaks these rules.

3. Who may use MotoBi

You must be at least 18 years old to create an account, post a listing, or register a shop. You must be legally able to enter a contract, and you must not be barred from using MotoBi under any law that applies to you.

If you use MotoBi on behalf of a business, you confirm you are authorised to accept these terms for that business.

4. Your account

• Give accurate information when you register, and keep it up to date.
• Your account is yours. Do not let someone else use it.
• Tell us promptly if you think someone else has got into your account.
• You are responsible for everything done through your account.
• One person should not run multiple accounts to get around limits, to post the same bike repeatedly, or to avoid a suspension.

You sign in to MotoBi with your Google account. That account's security is governed by Google as well as by us, so keep it secure — anyone who can reach your Google account can reach your MotoBi account.

5. Posting a listing

When you post a bike on MotoBi, you confirm that:

• You own the bike, or you are legally allowed to sell it. Listing a stolen bike, or a bike you have no right to sell, is a serious matter and we will report it.
• The bike exists. Do not post a bike you do not have.
• The condition is described honestly. Do not hide damage, accident history, or faults.
• The mileage is true. Do not roll back or misstate the odometer.
• The photographs are your own, recent, and of the actual bike. Do not use stock images, someone else's photographs, or edited images that misrepresent the bike.
• The price is real, with no hidden charges added later.
• The registration and documents are as you describe them.

Post each bike once. Do not post the same bike several times to sit higher in the list. Take your listing down, or mark it sold, once the bike is sold.

6. Registering a shop

Shops go through verification before they are published.

• You must give a business registration or trade licence, the front and back of the owner's National Identity Card, and a photograph of the shop.
• The details you give must be true and must be yours.
• We check these documents before approving a shop. Approval means we checked the documents we were given. It is not a guarantee of the quality, honesty or workmanship of that business.
• We may reject an application, ask for better documents, or remove a shop later.

How we handle those documents is set out in our Privacy Policy at https://www.motobiapp.com/privacy

7. What you must not post or do

Do not:

• Post a stolen bike, or anything you have no right to sell
• Post anything illegal, or anything you need a licence to sell without having one
• Post false, misleading or exaggerated information
• Use photographs belonging to someone else
• Post another person's contact details, or any personal data that is not yours to share
• Post offensive, abusive, obscene, threatening or discriminatory content
• Harass, threaten, defraud or spam other users
• Impersonate another person or business
• Create fake listings, fake accounts, or fake reports
• Use MotoBi to advertise anything unrelated to bikes without our agreement
• Scrape, copy, or bulk-extract listings or user data from MotoBi
• Try to break, overload, or get unauthorised access to any part of our systems
• Interfere with our fraud and duplicate-detection measures

8. Contacting other users

Listings show a contact number so buyers can reach sellers. Use it only to deal about that listing. Do not use contact details taken from MotoBi for marketing, spam, or any other purpose. Doing so may also breach the Personal Data Protection Act, No. 9 of 2022.

9. Meeting and dealing safely

We publish listings. We cannot supervise what happens next, so please take ordinary care:

• Meet in a public place, in daylight, and take someone with you if you can
• Inspect the bike yourself, and check the registration documents against the seller's identity
• Confirm the bike is not subject to an outstanding lease or loan
• Agree the price and what is included before paying
• Be cautious of any deal that requires payment before you have seen the bike, or that seems too cheap for what is offered
• For repairs: agree the price and the work before handing over your bike, and check the parts and the work before paying

We are not responsible for what happens when you meet or deal. These are suggestions, not a guarantee of safety.

10. Reporting problems

If you see a listing, shop or advertisement that breaks these rules, report it in the app. Tell us what is wrong and, if you can, why.

• A report is reviewed by our staff. Nothing is removed automatically because it was reported — otherwise a competitor could bury an honest listing.
• Do not submit false reports to damage someone. We may act against accounts that do.
• We will tell you when your report has been dealt with, but not what action we took about another person's account.

11. Moderation, suspension and removal

We may, at our discretion:

• Remove or hide a listing, shop, advertisement or account
• Reject a shop application
• Suspend or close an account
• Refuse service to anyone

We do this where something breaks these terms or the law, where we have reasonable grounds to suspect fraud, or where repeated complaints are upheld.

When we remove your listing or shop, we will tell you the reason. If you think we got it wrong, contact us at info@thulinexis.com

If your account is closed for breaking these terms, you may not create a new one without our agreement.

12. Payments and boosts

Boosting a listing

You choose how many days, and which districts. Your listing appears higher for people browsing those districts, and normally everywhere else. The price is calculated at the time of purchase and does not change afterwards, even if we change our rates later. A boost lifts your listing's position. It does not guarantee views, enquiries or a sale.

Shop membership

Shop membership is free at launch. A member shop appears first in the shop list for customers in its district, and the order among member shops rotates so every member gets a turn at the top. Membership will become a paid service in the future. We will tell you well before that happens, and nothing will be charged without you agreeing to it first.

Advertising

Businesses may buy advertising space in the app. Advertising is arranged directly with our staff and paid by bank transfer. We record each payment against the advertisement it is for. See section 13 for who is responsible for advertisement content.

Refunds

• If your listing, shop or advertisement is removed because it broke these terms, no refund is given.
• If we remove it by mistake, contact us. We will restore it for the remaining period, or refund the unused portion.
• If you cancel partway through a paid period, we do not refund the unused portion unless we agree otherwise in writing.
• If MotoBi is unavailable for an extended period through our fault, contact us and we will extend your paid period by the time lost.
• A refund request must reach us within 30 days of the payment.

Prices

Prices may change. A change never affects something you have already bought.

Payment records

Keep your receipt or transfer record. If you believe a payment has not been applied correctly, contact us with that record and we will check it.

13. Advertisements

MotoBi shows advertisements from third-party businesses in the app.

• The advertiser is responsible for their advertisement — its content, claims, prices, offers, and anything that follows from them.
• We do not verify advertisers' claims, and showing an advertisement is not our endorsement of that business.
• Advertisers give us written confirmation that they are responsible for the content they supply.
• If you deal with an advertiser, that dealing is between you and them.
• If an advertisement is misleading or offensive, report it and we will review it.

14. Content and ownership

Your content

The photographs and text you post stay yours. By posting them, you give us permission to display, store, resize and distribute them for the purpose of running MotoBi, and to show your listing in the app and in reasonable promotion of MotoBi. This permission ends when you delete the content, except for copies we must keep as described in the Privacy Policy.

You confirm that what you post is yours to post and does not infringe anyone else's rights.

Our content

The MotoBi name, logo, app and design are ours. Do not copy, reuse or adapt them without our written permission.

Someone else's rights

If you believe content on MotoBi infringes your copyright or trade mark, contact us at info@thulinexis.com with details and we will review it.

15. What we do not promise

MotoBi is provided as it is. To the extent the law allows:

• We do not promise the app will always be available, uninterrupted or free of errors
• We do not promise any listing is accurate, any seller is honest, or any shop is competent
• We do not promise you will sell your bike, or find the bike you want
• We do not promise that verification or moderation will catch every bad actor
• We may change, suspend or discontinue any part of MotoBi

Nothing here removes rights you have under Sri Lankan law that cannot be excluded — including under the Consumer Affairs Authority Act.

16. Limitation of liability

MotoBi is a marketplace. We publish listings and a shop directory. We are not a party to any sale, repair or transaction.

To the extent the law allows, MotoBi assumes no responsibility and disclaims all liability for any injury, claim, loss or damage of any kind arising from, or connected in any way with:

• Any dealing between you and another user, including a bike that is faulty, misdescribed, stolen, or never delivered
• Any repair, part or service supplied by a shop listed on MotoBi
• Money you pay to another user, a shop, or an advertiser
• Anything an advertiser does, says or offers
• Content posted by other users, including errors, false claims and misleading photographs
• Errors on MotoBi itself, whether technical or typographical
• MotoBi being unavailable, interrupted, delayed or discontinued
• Any third-party website or service reached through MotoBi
• Loss of profit, loss of opportunity, loss of data, or any indirect or consequential loss

By using MotoBi you release us from all obligations, liabilities and claims arising in connection with your use of, or inability to use, the service.

Nothing in these terms:

• removes any right you have under Sri Lankan law that cannot be excluded, including under the Consumer Affairs Authority Act
• limits our liability for fraud or fraudulent misrepresentation
• limits our liability for death or personal injury caused by our negligence

17. Your responsibility to us

If someone brings a claim against us because of something you posted or did on MotoBi, or because you broke these terms or the law, you agree to cover the reasonable cost of dealing with it.

18. Privacy

How we handle your personal data is set out in our Privacy Policy at https://www.motobiapp.com/privacy — please read it, it forms part of your agreement with us.

19. Changes to these terms

We may update these terms. The current version is always published at https://www.motobiapp.com/terms and in the app, with the date at the top. If a change is significant, we will tell you in the app before it takes effect. Continuing to use MotoBi after that means you accept the updated terms.

20. Closing your account

You may close your account at any time. Contact info@thulinexis.com

We may close your account if you break these terms, if we reasonably suspect fraud, or if we stop operating MotoBi. Where we can, we will give notice and a reason.

Closing an account does not refund a paid feature already used, and does not end any obligation either of us has already incurred.

21. Governing law and disputes

These terms are governed by the laws of Sri Lanka. The courts of Sri Lanka have jurisdiction over any dispute.

Talk to us first. Most problems are solved quickly by contacting info@thulinexis.com. Please do that before taking any other step.

22. General

• If any part of these terms is found unenforceable, the rest still applies.
• If we do not enforce something immediately, we have not given up the right to enforce it later.
• You may not transfer your rights under these terms to someone else. We may transfer ours if our business is sold or reorganised.
• These terms, together with the Privacy Policy and the shop owner terms where they apply, are the whole agreement between us.

23. Contact

ThuliNexis Digital (Pvt) Ltd
57 Upcot Road, Maskeliya, Sri Lanka
Email: info@thulinexis.com