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Custom Builder Platform - Terms of Use

 

These Terms of Use ("Terms of Use") apply to every use made to this Royal Enfield platform(the “Platform”). On the Platform, as developed by Royal Enfield, you can find, evaluate and compare various services offered by third-party service providers for modifying motorcycle and sale of motorcycle accessories (“Service”).

 

By browsing our website, making use of the Platform, you acknowledge and agree that you have read the below Terms of Use and you agree to these Terms of Use. We advise you to carefully read the Terms of Use, so that you fully understand the rights and obligations you have in relation to your use of the Platform. To the best of our ability, we will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and"as available"). Each and every use of the Platform is at your own risk and responsibility.

 

The Platform will facilitate you to view various third party service providers (hereinafter referred to as “Third Party Service Providers”) who offer their Services of motorcycle modifications and sale of motorcycle accessories.

 

By using the Platform, you hereby acknowledge and agree that Royal Enfield is not offering or delivering any sort of Services and nor does it warranty in form about the quality, fitness, merchantability or suitability of any Services offered by any Third Party Service Provider. Royal Enfield hereby expressly disclaims any and/or all costs / claims / liabilities in this regard. We suggest you to kindly take due care and conduct due diligence before making any request for any Services offered by any Third Party Service Provider.

 

NOT ALL MODIFICATIONS TO A VEHICLE ARE PERMISSIBLE UNDER LAW AND MODIFICATION IN A VEHICLE MAY HAVE A SUBSTANTIAL IMPACT ON ROAD WORTHINESS OF THE VEHICLE AND INSURANCE COVER PERTAINING TO THE SAID VEHICLE / USAGE OF SAID VEHICLE. IF YOU MODIFY YOUR VEHICLE, YOU MAY NEED TO GET CERTIFIED BY THE RELEVANT AUTHORITIES. WE STRONGLY RECOMMEND YOU TO CHECK AND CONFIRM FROM YOUR END ALL NECESSARY LEGAL REQUIREMENTS, PROCESS AND PROCEDURE TO PROCURE THE NECESSARY APPROVALS FROM RELEVANT AUTHORITIES AND THE INSURANCE PARAMETERS FORM YOUR INSURER FOR MODIFICATIONS YOU INTEND TO MAKE IN YOUR VEHICLE BEFORE OPTING FOR ANY VEHICLE MODIFICATION SERVICES OFFERED BY ANY THIRD PARTY SERVICE PROVIDE ON THE PLATFORM OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL ROYAL ENFIELD BE RESPONSIBLE OR LIABLE FOR ANY LOSS / DAMAGES / FINE / CHALLANS /ARISING OUT OF OR DUE TO ANY VEHICLE MODIFICATION SERVICES RENDERED BY YOU FROMANY THIRD PARTY SERVICE PROVIDE ON THE PLATFORM.

 

THE SERVICES OFFERED BY ANY THIRD PARTY SERVICE PROVIDE ENLISTED ON THE PLATFORM WILL BE SUBJECT TO SUCH THIRD PARTY SERVICE PROVIDER’S TERMS AND CONDITIONS, AS WELL AS ALL AGREEMENTS BETWEEN YOU AND THE THIRD PARTY SERVICE PROVIDER. ROYAL ENFIELD SHALL NEVER BECOME A PARTY TO AN AGREEMENT BETWEEN A THIRD PARTY SERVICE PROVIDER AND YOU FOR ANY SERVICES OFFERED BY THE THIRD PARTY SERVICE PROVIDER, THUS ROYAL ENFIELD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE / DEFECT /DEFICIENCY IN SERVICES OFFERED BY ANY THIRD PARTY SERVICE PROVIDER OFFERING ITS SERVICES ON THE PLATFORM. WE ADVISE YOU TO CAREFULLY READ THE THIRD PARTY SERVICE PROVIDER’S TERMS AND CONDITIONS APPLICABLE FOR THE SERVICE OFFERED BY THEM ON THE PLATFORM, SINCE SUCH TERMS AND CONDITIONS MAY ENTAIL LEGAL OBLIGATIONS AND IT ISYOUR RESPONSIBILITY TO ADHERE TO SUCH OBLIGATIONS. ROYAL ENFIELD ACCEPTS NO RESPONSIBILITY WHATS EVER FOR ANY DECISIONS MADE BY YOU BASED ON THE CONTENT OFROYAL ENFIELD AND/OR CONTENT OF THE THIRD PARTY SERVICE PROVIDER ON THEPLATFORM.

 

Your use of the Platform is free of charge. Third Party Service Providers charge their own feesfor the Services offered by them. Please be aware that you might owe the Third Party ServiceProvider (part of) the fee in case you avail any services from them. ROYAL ENFIELD HAS NO INFLUENCE ON, IS NOT INVOLVED IN AND IS NOT LIABLE FOR ANY PAYMENT MADE BY YOU TO THE THIRD PARTY SERVICE PROVIDER FOR ANY SERVICE OR OTHERWISE, WHILE USING OUR PLATFORM OR OTHERWISE. Royal Enfield is not responsible for and has no influence on the applicable payment terms / cancelation charges etc. for any services offered by the thirdparty service provider.

 

You guarantee that you will not use the Platform in a way that includes but shall not belimited to:

 

1) Infringement of the rights of Royal Enfield or third parties such as other users or Third Party Service Providers, including but not limited to Intellectual Property Rights or rights in relation to the protection of privacy
2) contrary to any current legislation or regulations; or 
3) contrary to any provision in these Terms of Use.

 

You are solely responsible and liable for the content you submit, which includes the ratingsprovided by you and reviews you write. Since you are able to upload content on to the Platform without restriction, you warrant that this content is lawful and does not infringeupon any party’s intellectual property rights, privacy rights or any other rights and youindemnify Royal Enfield from any third party’s claim in this respect. You also warrant that youdo not submit content which involves any illegal activities or activities that are contrary tomorality or public order, which includes, but is not limited to content that relates to hatespeech, is violent in any way or qualifies as or transmits unwanted or unsolicited material orcontent (spam). We do not warrant that your content will be correctly, completely and/orcontinuously available on the Platform. Royal Enfield reserves the right to remove or blockaccess to content that is manifestly unlawful. Further, Royal Enfield is not responsible for any content made available on the Platform. Royal Enfield will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behaviour after receiving a notification that is sufficiently precise and adequately substantiated.

 

While using our Platform you shall adhere to the following.

 

You may not: (i) use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible; (ii) deliberately involve manual or automatedsoftware, devices, or other processes to "crawl", "spider" or scrape any content on thePlatform; (iii) reproduce or decompile the Platform or to apply reverse engineering to it,unless permitted by mandatory law; (iv) remove and/or to circumvent security measures ortechnical limitations (including limitations to the use) of the Platform.

 

All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, as well as rights to know how ("IP Rights"), are owned by Royal Enfield, its licensors or Third Party Service Provider(s). Nothing in these Terms of Use constitutes the transfer of any IP Rights from Royal Enfield to you. You are solely granted a right to use the Platform if you act in accordancewith the Terms of Use.

 

By uploading reviews and other content, you grant Royal Enfield a royalty-free, worldwide, non-exclusive, sub-licensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.

 

You represent and warrant that you have all rights to grant the licenses as laid down in thesection above, without infringing or violating any third party rights, including but not limitedto, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify Royal Enfield against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.

 

Privacy Law and statement:

 

In order to make use of the Platform it is required that you provide Royal Enfield with personal information such as your name, mobile number, e-mail address etc., Royal Enfield uses your personal data in accordance with the Privacy Policy.

 

 

You may be directed to Third Party Service Provider’s website from the Platform, you may be required to provide personal data to the Third Party Service Provider. Third Party Service Provider alone is responsible for processing of such data and shall do so in accordance with its own privacy statement. Royal Enfield shall not be liable for any damages incurred by you due to the processing of your personal data by a Third Party Service Provider.