PLEASE READ THIS ROYAL ENFIELD END-USER TERMS OF USE (HEREINAFTER REFERRED TO AS “Terms of Use”) CAREFULLY BEFORE REGISTERING OR USING “ROYAL ENFIELD” MOBILE/WEBSITE PLATFORM FOR AVAILING THE SERVICES RENDERED THEREIN.
INTEGRAL PART OF EULA
This Terms of Use forms an integral part of the End-User License Agreement (“EULA”) and shall form a complete understanding between the parties. All Terms and Conditions set out under the EULA shall remain in full force and effect and shall be incorporated herein (together with this Terms of Use) and shall be binding upon the parties.
TERMS OF USE FOR AVAILING SERVICES UNDER THE PLATFORM
This Terms of Use(“Terms of Use”) forms a binding agreement between User (“You” or “Your” or “User”) and “Eicher Motors Limited”, known by its brand name “RoyalEnfield”(hereinafter referred to as “us”, “We”, “our” or “Royal Enfield”/ “RE”/ “EML”) a company incorporated in accordance with laws of India with registered office address at 3rd floor, Select City Walk, A-3, District Centre, Saket, New Delhi- 110017(each separately a “Party” and collectively the “Parties”), for availing the Services under the Platform including the Website & Mobile Application (the “Platform”), owned and maintained by EML.
This Terms of Use shall apply to “Your” use of the Platform (provided and maintained by EML) for the purpose of availing the services rendered under the Platform. This Terms of Use only grants specific permission to You for use of the Platform and, notwithstanding the foregoing, Royal Enfield shall remain the owner/ licensor of this Platform.
You can register/book for the Services available on the Platform using Your mobile/computer/laptop devices. By registering/booking, You confirm to have read, understood and accepted these Terms of Use which shall be legally binding on You. If You do not agree with any of the terms set out herein, do not avail any of the Services (as defined herein below) provided through the Platform.
1. Services
1.1 You can avail various repair services on the Platform, viz., 1. Self Drop and Pick-up, 2. Drop and Pick-up - By Service Executive, 3. Drop by Customer - Pick-up by Service Executive, 4. Drop by Service Executive - Pick-up by Customer and 5. Service on Wheels (“Services”). You can choose the Service centers operated by the Dealers/RE for performing the above services.
1.2 The Platform facilitates you in making bookings with the Dealer(s)/RE for the above Services. By accessing, browsing or using the Platform or making use of the Platform and/or making a reservation / booking through the Platform you acknowledge that you have read and you agree to be bound by these Terms of Use set forth herein including any additional guidelines and future modifications. 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.
1.3 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.
1.4 This Platform solely assist you to (a) avail various repair Services (as defined above), (b) submit requests and make service booking(s) / reservation(s) for Services offered (c) give your ratings and submit your reviews (d) facilitate online electronic payment system which is neither a banking service nor a financial service but is merely an automated online electronic payment system.
1.5 With respect to the services availed at the service center operated by the Dealers, you agree and understand that you shall proceed directly against the concerned Dealers/service providers for any lack or deficiency of services provided by such Dealers/service providers since they are rendering these services in their capacity as principal and not acting as an agent of RE.
1.6 All rights and liabilities arising out of your use of this Platform with respect to any Services facilitated by us on the Platform shall be restricted to the scope of these Term of Use.
2. Use of Platform for availing the Services
As a condition of your use of this Platform for availing the Services, you represent, warrant and agree that:
2.1 You will use this Platform for availing the Services in accordance with the Terms of Use. By checking the box that says 'I ACCEPT THE TERMS AND CONDITIONS’ at the end of the signup/registration page, the User agrees to be bound by and comply with this Terms of Use and all other terms and conditions which are incorporated herein by reference including any subsequent amendments to the same from time to time.
2.2 For installing, accessing and/or using the Platform for booking the Services, the User must satisfy the minimum age requirement of 18 years or such age as may be prescribed by the applicable law and, shall have full legal capacity to contract under the laws of India or any other applicable law.
2.3 You hereby agree that you are not entitled to cancel the services after performance of the Services and demand for refund of the fee paid by You. Further, it is explicitly clarified that in the event of any claim from you for any deficiency in the services provided by the Dealer(s), you shall proceed against the concerned Dealer(s)/service provider without claiming against Royal Enfield.
2.4 The Proforma invoice raised in the Platform is a tentative pre-estimate of the invoice for the services availed by you through the Platform and you hereby acknowledge to pay for the services availed as per the invoice/s raised by the Dearler(s)/RE and agree to abide by the payment terms in the invoice of the Dealer(s)/RE. There shall not be any refund policy applicable to the services since there is no advance payment that needs to be paid for the services based on the proforma invoice.
2.5 You will use this Platform to make only legitimate booking(s)/reservation(s) for you or for another person(s) for whom you are legally authorized to act. Further, You will inform such other persons about the Terms of Use that apply to the reservations/bookings you have made on their behalf, including all rules and restrictions applicable thereto;
2.6 You will have to provide your Name (as per govt. ID), address, Email ID, Mobile/Phone Number Vehicle No, Model, Registration details and such other details as may be necessary for making booking(s) / reservation(s) and ensure that all the above details provided are correct and complete in all aspect;
2.7 You hereby represent that all information supplied by you on this Platform is true, accurate, current and complete, further, You will be solely responsible for any / all error(s) or mistake(s) in provision of information and Royal Enfield will not be liable for the same;
2.8 If You have an online account with this Platform, it shall be your responsibility to safeguard your login details – login ID and password;
2.9 Royal Enfield retains the right in its sole discretion to deny access to anyone to this Platform at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use;
2.10 Platform hosts content, including prices, images, logos, designs, graphics, pro-forma invoice, trade names, links and other information and data, made available by or obtained from Dealer(s)/ third-party Service Providers as well as content provided by other users of the Platform, such as comments, ratings and other information (the “Content”). Royal Enfield does not warrant for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content and Royal Enfield has no influence over the Content. In particular, Royal Enfield does not guarantee that the Content provided in the Platform will be updated in real-time;
2.11 With respect to the services provided by the Dealers at their service centers, all Booking(s)/Reservation(s) made through the Platform are agreements between You and the Dealer(s) and Royal Enfield is a facilitator of such services through the Platform. In the event of any deficiency in the services provided by the Dealer(s), you agree to proceed directly against the Dealer(s) for such deficiency in the services provided by them.
2.12 The Dealer(s) terms and conditions for the Services offered by them on the Platform apply to your booking(s) / reservation(s), so you must agree to, and understand those terms and Royal Enfield is not a party to such terms agreed by You and have no binding effect on us. Your interaction with the Dealer(s) accessed through our Platform is at your own risk, and Royal Enfield does not have any responsibility should anything go wrong with your booking.
2.13 You shall not make use of the Services on the Platform by providing incorrect or false information and/or impersonate another person;
2.14 You shall not post of or upload any content which infringes any patent, trademark, copyright, or other proprietary rights, or post or upload any content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethically objectionable, disparaging, relating or money laundering or gambling, hurts sentiments of any group/association/religion or otherwise unlawful in any manner what so ever. Royal Enfield reserves the right to remove or block access to content that is manifestly unlawful;
2.15 You shall not upload any content which contains software viruses or any other computer code, files or programs designed to interrupt or destroy or limit the functionality of any computer resource;
2.16 You shall not engage in tampering of the Platform including modification of URLs, distributing unauthorized URLs, email cloaking, running automated scripts or pages being spidered and such other activity that interferes with or disrupts access to the Platform; and
2.17 The User shall not use the Platform and the associated services in any manner that would, or could, overburden, disable, impair, compromise or damage any of Royal Enfield's servers, or any network/system/software connected to such servers or interferes with other user/s.
2.18 The User must not use the Platform in any unlawful/ illegal manner or for an unlawful purpose, or in any manner inconsistent with this Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any related service or any operating system.
2.19 The User shall ensure appropriate insurance policy coverage for his/her vehicle including but not limited to coverage for life insurance, personal accident, vehicle damages, third party liability insurance, accident& other untoward incident coverage etc., and shall ensure validity of such insurance policies during the period of the services including during pick up and drop of the Vehicle by RE/Dealer(s)/third party service provider. RE and/or the Dealers/third party service provider will not be responsible for insurance coverage for the User’s Vehicle in any manner and You shall not have any claim towards RE and/or the Dealers/third party service provider in this regard. Further, in the event of any claim arising from any third parties relating to the above, the User shall indemnity RE and/or the Dealer(s)/third party respectively against such claim.
2.20 You shall refrain from doing any act or omission that might cause damages to the reputation of RE. Further, you shall not post any adverse comments/upload any content/pictures or do any such other act, in the social media, that might cause damages to the reputation of RE or cause infringement to the rights of RE/Dealer(s)/third party or violate any applicable law etc..
In the event of unauthorized use of the Platform and the Services, Royal Enfield reserves the right to revoke, suspend or terminate your access to the Platform. You agree and acknowledge that Royal Enfield shall further not be held liable for any loss or liabilities incurred by you or any third party as a consequence of such unauthorized use.
3. Intellectual Property Rights
3.1 User acknowledges and agrees that all intellectual property rights relating to the Platform and its content, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, as well as rights to knowhow ("IP Rights"), are owned by Royal Enfield or 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 for availing the Services herein if you act in accordance with the Terms of Use.
3.2 The User shall not reproduce, alter, modify, disassemble, decompile, adapt, reverse engineer, sell, publish or use by any other means any information obtained through the Platform for any purpose other than the personal use of the User in accordance with this Terms of Use without obtaining the prior written consent of the relevant intellectual property rights Owner ("IPR Owner”).
3.3 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.
4. Suspension or termination of the Services
4.1 Royal Enfield may suspend or terminate the use of the Platform or Services or any part/section thereof, by the User at any time without notice to the User and for any reason, including if Royal Enfield determines, in its sole discretion, that any of the following events have occurred, or is likely to occur: (i) the User has breached any of the terms of this Terms of Use; (ii) the User has breached any of the terms of the End User License Agreement (“EULA”) provided under the Platform; (iii) when the User no longer owns a Royal Enfield motorcycle or not a bonafied user of the Platform for availing the Services; (iv) the User has provided misleading, incomplete or incorrect details pertaining to his or her personal identification including, without limitation, his or her name, age, telephone number, e-mail address or other contact information (referred to as the "Contact Information"); (v) the User has disturbed or interrupted the operation of the Platform; (vi) User has violated any of the applicablelaw.
4.2 The User understands that if his/her account is suspended or terminated, User may no longer have access to the content that is stored within the Platform as well as the User may no longer avail the services under the Platform.
5. Changes to Contact Information
The User shall promptly update authorized Royal Enfield dealers regarding any changes in his or her Contact Information, Vehicle details like Model Name, Registration details etc., provided in the Platform. Royal Enfield shall not be liable for any loss or inconvenience caused to the User due to his or her failure or delay to update the Information.
6. Restrictions/ Prohibitions for availing the Services
6.1 User shall not use the Platform and/or avail the services on the Platform for any commercial activities or commercial purposes without obtaining the prior expressand written consent of Royal Enfield.
6.2 User shall not utilize the Services on the Platform in any way that is contrary to the laws of India or any other applicable jurisdiction, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or any government agency or department in India or that is otherwise contrary to public order and morality, including, without limitation, applicable export and import control laws and regulations, and User shall not allow any other party to use the service or the Platform for or in connection with any illegal purpose or activity.
7. Temporary/permanent suspension of the services under the Platform
Royal Enfield reserves the right to temporarily and/or permanently suspend the services under the Platform at any time, without liability or notification to the User and in any of the following circumstances:
(i) for periodical or emergency maintenance of the Platform;
(ii) User breach of any of the terms and conditions of this “Terms of Use”.
(iii) User breach of any of the terms and conditions of the EULA;
(iv) the provision of the Services becomes impossible due to acts outside of Royal Enfield's control, including but not limited to, failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, biological hazard, pandemic, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, change in applicable law or action of government or any other event beyond the control of Royal Enfield;
(v) communication services (including internet connectivity) are suspended;
(vi) network disturbance occurs as a result of the environment in which the Device is used; and/or
(vii) any act or omission on the part of the Dealer(s)/third party service providers;
(viii) termination/resignationby the concerned Dealer(s);
(ix) when Royal Enfield reasonably believes that it is necessary to temporarily suspend the provision of the Platform/Services for legal, security, operational or technical reasons.
8. Disclaimer of Warranty
8.1 With respect to the Services provided under the Platform, Royal Enfield expressly disclaims, except those that cannot be lawfully disclaimed, all warranties or guarantees of any kind, whether express or implied, including the express and/or implied warranties of merchantability,availability of services, efficiency, quality, accuracy, error-free, fitness for a particular purpose and non-infringement etc.
8.2 Royal Enfield does not warrant or guarantee any services rendered by the Dealer(s)/third party service provider through the Platform.Any issues or concerns faced by You at the time of availing their services shall be the sole and direct responsibility of the Dealer(s)/ third party service provider. Royal Enfield assumes no liability with respect to any acts, omissions, errors, representations, warranties, breaches or negligence on part of any Dealer(s)/third party service provider.
9. Payment for Services under the Platform
All usage fees for the Services availed under the Platform may be paid using the payment gateways within the Platform made available by Royal Enfield for this purpose, however any liability with respect to a failed or incorrect transaction shall be of the User, payment gateway service provider and/or the recipient of such fees/charges, as the case may be.
10. User’s Personal Data
10.1 For the purposes of this Terms of Use, "Personal Data" means any information about an individual, including but not limited to, their name, age, gender, date of birth, telephone number and e-mail address or any other description or information by which a specific individual can be identified (including information that can be collated with other information so that a specific individual can be identified) and any other information designated as Personal Data under the applicable laws.
10.2 User agrees and consents to Royal Enfield collecting the User’s Personal Data including information relating to the status of a User’s use of the Platform and transferring the same to Royal Enfield’s affiliates, Dealer(s), service providers or partners, irrespective of their geographical location, for the purpose of providing services to the User.
10.3 Royal Enfield shall process the Personal Data that it collects in accordance with its data Privacy Policies and applicable laws. For the purposes of this Terms of Use, any reference in the Privacy Policy to Royal Enfield’s website or any other page shall include reference to the Platform and all the related platforms, servers etc.
10.4 User agrees that Royal Enfield may use his or her Personal Data (including but not limited to his or her name, address, date of birth, telephone number and e-mail address) for the following purposes: (i) sending notices and other forms of communication to the User in relation to, among other things, Royal Enfield products and services, the Platform; (ii) providing the Platform, related services/functionalities and making it available to the User; (iii) planning and developing products and services, or implementing surveys, for the purpose of improving the quality of the Platform, Royal Enfield products and services and the Platform user satisfaction.
10.5 Royal Enfield may provide Personal Data to a Dealer(s)/Third Party Service Provider that the User has subscribed/registered for the services. When Royal Enfield discloses Personal Data to a Dealer(s)/Third Party Service Provider, Royal Enfield shall use reasonable means to ensure that the Dealer(s)/Third Party Service Provider safeguard the Personal Data.
10.6 Royal Enfield shall monitor and record conversations between Users and Royal Enfield where it is necessary to do so for confirming the content of the User's request and for improving the quality of service provided to Users and User satisfaction.
10.7 User agrees that Royal Enfield, or any party in possession of Personal Data under the terms hereof, may disclose his or her Personal Data if it reasonably believes that such disclosure is necessary to protect an important interest of the User or a third party, or if it is necessary to do so due to a legal obligation with which Royal Enfield must comply, irrespective of the jurisdiction in which that legal obligation arises.
10.8 User may request the disclosure, correction, deletion, and suspension of the use of his or her Personal Data through the medium provided for in the Royal Enfield Privacy Policy. Royal Enfield shall comply with a request issued by a User to the extent that Royal Enfield is able to do so while acting in accordance with applicable laws. The User acknowledges and agrees that the deletion of his or her Personal Data may make it necessary for Royal Enfield to terminate his or her use of the Platform or any related service.
11. Consent to Use of User Data
For the purposes of this Terms of Use, User agrees that Royal Enfield or Dealer(s) or any of the Third Party Service Providers may collect, maintain, process and use technical data and related information—including but not limited to technical information about User’s Device, system and application software, and peripherals (“User Data”)—that is gathered periodically to facilitate the provision of software updates, product support, and other services to the User (if any) related to the Platform, related services and to verify compliance with the terms of this Terms of Use. Royal Enfield or Dealer(s) or the Third Party Service Providers may use this User Data, as long as it is in a form that does not personally identifies the User, to improve its products or to provide services or technologies to the User.
12. Compensation for damages
12.1 If the use of the Services under the Platform by the User causes damage, harm, loss or inconvenience to a third party, the User shall be solely responsible for settling the matter with such third party at his or her sole cost and expense and without bringing any claims against Royal Enfield.
12.2 If the use of the Services under the Platform by the User violates this Terms of Use or causes damage, harm, loss or inconvenience to Dealer(s) or Royal Enfield, Royal Enfield or Dealer(s) may demand damages in the form of compensation from the User.
13. Indemnification
The User agrees to indemnify, defend and hold harmless, Royal Enfield, its affiliates, and their respective officers, directors, lawful successors, assigns, Dealers and any third party from and against any loss, cost, damage, or expense howsoever caused, or suffered by Royal Enfield including legal fees and disbursements in connection therewith and interest chargeable thereon asserted against or incurred by such indemnified persons, that arise out of or in connection with, or may be payable by reason of, any breach of any representation or warranty provided by the User, or breach of any terms of this Terms of Use, or breach of any terms of the EULA or violation of any applicable law or non-performance of any covenant by the User, or arising out of the use of the services and Platform by the User, whether direct, indirect or consequential, arising out of or referable to the Platform or to the installation, access and use of the Platform by the User, however caused, whether in contract, tort (including negligence), statute or otherwise.
14. Limitation of Liability
14.1 To the maximum extent permissible under applicable laws, Royal Enfield shall not be responsible for any damage, harm, loss or inconvenience suffered by the User as a result of his or her utilization of the services under the Platform.
14.2 Royal Enfield shall not bear any obligation or responsibility for any services or information or warranties or guarantees provided by the Dealer(s) or third-party Service to the Users other than those provided by Royal Enfield.
14.3 If any dispute arises between the User and a Dealer(s), the dispute shall be settled between the User and that Dealer(s)and the User shall not submit any demand, claim or complaint to or against Royal Enfield. Royal Enfield bears no responsibility for any act, omission or representation of a Dealer(s)and does not offer any warranties or make any representations, in relation to the Service provided to the User by a Dealer(s).
14.4 To the extent not prohibited by applicable law, in no event shall Royal Enfield or any of its directors, employees, agents or contractors be liable for personal injury, or any direct, indirect, incidental, special, indirect or consequential damages, losses, liabilities, claims and expenses whatsoever, including, without limitation, legal costs, defense or settlement costs, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to the services availed on the Platform, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Royal Enfield has been advised of the possibility of such damages.
14.5 The entire and overall liability of Royal Enfield under this Terms of Use whether in tort, including negligence, warranty or otherwise shall in no event exceed the amount of fees paid to it for the services rendered by it that caused such liability on Royal Enfield.
14.6 Relating to this Terms of Use, Royal Enfield shall not be liable to the User or anyone else for any loss resulting from a cause over which Royal Enfield does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, war, insurrection, terrorist act, riot, pandemic, biological hazard, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, or action of government.
15. Governing Law; Jurisdiction
15.1 The disputes arising out of this Terms of Use shall be governed by the law of India.
15.2 All disputes arising out of or in connection with this Terms of MISCELLANEOUSUse, the Platform, the use of the Platform by the User, User’s and Royal Enfield’s rights and duties hereunder, shall be resolved by arbitration, to be conducted by mutually appointed sole arbitrator, as per the rules of the Indian Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be Chennai, India and the language of arbitration shall be English.
15.3 The courts in Chennai, India will have jurisdiction to adjudicate any dispute relating to the foregoing provided the arbitration proceeding fails.
16. General
16.1 Notices: Except as explicitly stated otherwise, any notices shall be given to us postal mail on our office address mentioned above and any notices served to you shall be served by electronic mail to the email address you provide to us during the booking/reservation process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
16.2 Severability: If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms of Use.
16.3 Entire Agreement: These Terms of Use sets forth the entire understanding and agreement between you and Royal Enfield with respect to the subject matter hereof.
16.4 Assignment: You cannot assign or otherwise transfer these Terms of Use, or any rights granted hereunder to any third party. We may transfer our rights and obligations (also known as “assign”) under these Terms of Use without your prior express consent, provided that we shall assign the Terms of Use on the same terms or terms that are no less advantageous to you.
16.5 Amendment: Royal Enfield may modify these Terms of Use at any time, without the User's consent, for any reason whatsoever including but not limited to security, technical, legal or regulatory reasons, or to reflect updates or variations to the services, features or functionalities of the Platform, by publishing the modified terms in the Platform.
The User acknowledges that by following the procedure set out herein above, Royal Enfield would be deemed to have provided the User with sufficient notice of the modification to these terms, irrespective of the nature of modifications made. Further, Royal Enfield is under no obligation to specifically contact or notify the User of any variation to these terms. By using, or continuing to use, the Platform after any modification to these terms, the User shall be deemed to have accepted the revised/ modified terms.
