This Agreement is a binding agreement between Indus Motor Company Limited and you with respect to your participation (the "User") in the Services and your consumption of Services as defined by Your or any other users interaction with or use of all or some of our - website, hardware device and user applications (Application). Given the importance of the terms of this Agreement, we encourage you to study them carefully.
Indus Motor Company Limited is committed to protecting your privacy and shall not share your location geo co-ordinate data with any 3rd party such that it can be associated with an individual, unless required to conduct our Services provided to you or required by law.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store () in connection with or relating to the Service ("Your Content"). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. We reserve the right to access your account in order to respond to your requests for technical support.
You represent and warrant that:
We have the right, but not the obligation, to monitor the Services, Hardware, Content or Your Content. You further agree that we may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
2.1) Note that in order for the Services to be delivered, the mobile device or other user devices, onto which the Application is installed, must have adequate network and data service and should have appropriate operating system and software required for the application to work, and the car AVN must be properly activated and installed in your vehicle with data sim and be in a geography that has telecom network.
2.2) Indus Motor Company Limited uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and sharing information at your own risk.
2.3) Indus Motor Company Limited has the right to use or share Data generated by You with its partners and affiliates or 3rd parties, for providing services to You or for analysis or marketing and promotional or other commercial purposes or if required by law. When Data is used for purposes other than providing services to you then such data shall be anonymised.
4.2) 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 Indus Motor Company Limited 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. Indus Motor Company Limited 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 Indus Motor Company Limited or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
4.3) You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.4) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Indus Motor Company Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof).
5.1) You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required to complete your transaction or 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.
5.2) Indus Motor Company Limited shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization for any transaction for any reason whatsoever.
6.2) You agree to use the Services 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 guide in the relevant jurisdictions.
6.3) 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 Terms and particularly Section 8.
6.4) 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 Indus Motor Company Limited. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, hack, copy or monitor any Hardware, Application, Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, Application, 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.
6.5) 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. Indus Motor Company Limited disclaims all liabilities arising in relation to such offensive content on the Website.
6.6) Our Services may allow you to post or upload files, data, comments or any other material. You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:
6.7) You agree that you are solely responsible to Indus Motor Company Limited and to any third party for any breach of your obligations under the Terms and for the consequences for any such breach.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
9.1) You agree to indemnify, defend and hold harmless Indus Motor Company Limited 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 Indus Motor Company Limited 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 and Your usage of Services.
9.2) In no event shall Indus Motor Company Limited, 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 Indus Motor Company Limited 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, Indus Motor Company Limited 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.
9.3) Indus Motor Company Limited 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. Indus Motor Company Limited endeavours to ensure that all the information on the website is correct, and provide warranties relating to the quality, accuracy of product or service. Indus Motor Company Limited 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, Indus Motor Company Limited 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. Indus Motor Company Limited is not responsible for any typographical error leading to any invalidity of any kind. Indus Motor Company Limited accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.
9.4) Indus Motor Company Limited shall not be liable for any damages to the user(s) or the vehicle as a result of usage of internet or visual media while, among other causes, driving. We do not condone such use of internet or visual media while the car is moving.
9.5) Indus Motor Company Limited is not a substitute for tracking services and cannot, under any scenario, be used as such.
9.6) Indus Motor Company Limited shall not be liable for a failure in the functioning of the app as a result of a weak, faulty or non-existent internet connection, among others.
9.7) Indus Motor Company Limited 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.
9.8) In no event shall Indus Motor Company Limited be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse in anyway whatsoever of products or services provided under this Agreement.
9.9) Indus Motor Company shall not proceed any requests for a refund or exchange for cash or other items, in full or part, if lost, damaged or stolen.
Indus Motor Company Limited may, in its sole discretion and without prior notice, terminate your access to the Website if Indus Motor Company Limited determines that you have violated the Terms or Additional Terms. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Indus Motor Company Limited, for which monetary damages is likely to be inadequate, and You consent to Indus Motor Company Limited obtaining any injunctive or equitable relief that Indus Motor Company Limited deems necessary or appropriate. These remedies are in addition to any other remedies Indus Motor Company Limited may have at law or in equity.
11.1) The Terms will continue to apply until terminated by either you or Indus Motor Company Limited as set forth below. If you want to terminate your agreement with Indus Motor Company Limited, you may do so by not accessing the Services; and closing your accounts (if any).
11.2) Indus Motor Company Limited may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
11.3) Indus Motor Company Limited shall not be liable to you or any third party for any such termination.
11.4) Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.