Hero MotoCorp Ltd, at its sole discretion, may change the terms, conditions and operation of its website (the "Site") / App at any time. By using the services of the site of Hero MotoCorp Limited, the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against Hero MotoCorp Ltd.
The content available through the Site / App is the sole property of Hero MotoCorp Ltd or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Content owned by Hero MotoCorp Ltd advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without Hero MotoCorp Ltd's express prior written consent.
Hero MotoCorp Ltd reserves the right to change the terms, conditions and notices under which this website / App is offered. You are responsible for regularly reviewing these terms and conditions.
Hero MotoCorp Ltd takes reasonable steps to ensure security of website / App but Hero MotoCorp do not warrant that this App or website or any e-mail sent from us, is or will be free of any virus or other harmful components, and we don’t not make any representations or warranties of any regarding the consequences of downloading any software, information, or materials from website / App. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of website / App.
HERO MOTOCORP LTD AND ITS ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE SITE AND ITS SERVICES ON AN "AS IS WHERE IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. HERO MOTOCORP LTD AND ITS ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HERO MOTOCORP LTD SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY SPECIFICALLY WAIVE AND GIVE UP, UNCONDITIONALLY AND ABSOLUTELY, ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT HERO MOTOCORP LTD MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF ITS VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF VARIOUS PRODUCTS AND SERVICES TO YOU ON ITS SITE. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS HERO MOTOCORP LTD MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL HERO MOTOCORP LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST HERO MOTOCORP LTD WITH RESPECT TO ANY THIRD PARTY PRODUCTS AND SERVICES, WHETHER AVAILABLE ON THE SITE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PRIVACY POLICY
Updated on February 05, 2019
Hero MotoCorp Ltd. together with its affiliates and subsidiaries (collectively referred to as the "Company" or " Hero" or "Us" and also indicated by "us", "we" or "our") is committed to protecting your privacy and personal information you give to us. We encourage you to read the Privacy Policy.
This Privacy Policy ("Policy") apply to all visitors, users and others (hereinafter referred to as "You" or the " User") who access or use the (i) Website / App https://www.heromotocorp.com (ii) any other Website / Apps (iii) mobile applications (Apps) owned and / or operated by Hero on which this privacy policy is linked and (iii) the social media accounts and/or pages that Hero control ( Sites/Apps).
Except as otherwise provided in this Policy, in general, you can visit/use our Sites/Apps without identifying who you are. Hero will provide you with the option to deal with Hero without identifying yourself where it is lawful and practical. However, particular sections on our Sites/Apps may require you to provide personal information in order that we may provide the products/services or information you have requested while visiting/using our Sites/Apps.
This Privacy Policy is intended to let you know what personal information we collect, why we collect (purpose) and what we do with it (use), processing/sharing and transfer of personal information and your rights relating to such personal information shared with us. By using the Sites/Apps, you agree, understand and consent to this Privacy Policy and any future amendments and additions. This Privacy Policy also describes your personal data protection rights, including a right to object to some of the processing of personal data that the Company carries out.
Personal Information means any information that may be used to identify an individual. This includes but is not limited to: first and last name, email address, mailing and residential address, telephone number, title, birth date, gender, occupation, your profession and other information needed to provide a service you have requested.
Sensitive personal data or information means such information which consists of information relating to Password, Information of Bank account, Credit card, debit card or any other payment instrument details, Physical, physiological and mental health condition, Sexual orientation, Medical records and history, Biometric information etc.
WHAT PERSONAL INFORMATION WE COLLECT?
A. Personal Data:
Information you give us
We may collect any Personal Information shared by you on our Sites/Apps. Depending upon the Site(s) and context, this information may include the following:
If you provide us with Personal Information concerning your relatives, friends or other third parties, by doing so you confirm and guarantee that you have received an appropriate consent from such third parties for the disclosure of such Personal Information to us for use for the purposes set out in this Privacy Policy.
Information collected automatically
Log information
Depending upon the Sites/Apps or context, we automatically collect and store certain information that your browser sends whenever you visit our Sites/Apps in server logs ("Log Data"). This includes:
. details of how you used our Sites/Apps
. Internet protocol address
. device event information such as caches, system activity, hardware settings, browser type, browser language, the date and time of your visit, time spent on those pages and other statistics and referral URL.
. Cookies, web beacons and other similar technologies that may uniquely identify your browser or your Account. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Sites/Apps.
Cookies, Web Beacons and Tracking Codes:
A cookie is a small amount of data generated by a Website / App/app and saved by your web browser/device. Its purpose is to remember and recognise your browser. We may use both session cookies (disappear after you close your browser) and persistent cookies (remain after you close your browser and may be accessed every time you use or connect to our Sites/Apps).
We may collect information like User’s IP address, geographical location, browser/device type and version, operating system, referral source, device, length of visit, page views and Website / App navigation paths, as well as information about the timing, frequency and pattern of User Website / App use through "cookies". You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain or all features on the Sites/Apps.
Web beacons are transparent graphic pixels that are placed on web pages that enable us or a third party to track your actions on our Sites/Apps and deliver interest-based advertisements.
Social Media Widgets
Our Sites and applications include social media features connected with social media platform such as Facebook, Twitter, Instagram, Snapchat, Google Plus, Pinterest, YouTube and others. These features may collect information about your IP address and which page you’re visiting on our Sites or features using on our Apps, and they may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our Sites/Apps. Your interactions with those features are governed by the privacy policies of the companies that provide them.
Tracking code in Website / App analytics, a tracking code is a snippet of script that tracks the activity of a Website / App user by collecting data and sending it to the analytics module. The code is generated automatically, is different for each Website / App, and can be installed on each page that needs tracking.
HOW WE COLLECT THE INFORMATION?
Hero will generally collect your personal information directly from you. This may be achieved through your interactions with Hero including interactions via our Sites/Apps, other social media applications or internet sites, telephone, email or writing to us.
Hero may also collect your personal information from a third party source, such as our dealers, vendors, business partners, government authorities, judicial authorities, any other source which are legally acquired by us.
WHY WE COLLECT THESE INFORMATION?
Unless otherwise provided in the Policy, we may use personal information collected from the Sites/Apps in various ways including:
. To facilitate or fulfil the information, products or services you have requested.
. To contact the User for confirming your registration on our Website / App.
. To communicate with the User to respond to his/her queries or seeking feedback or resolving disputes on the product and services.
. For business, marketing and promotional purposes such as sending information about special promotions, programs, schemes, offers, new features, plans on products/services and marketing communications that we believe may be of interest to you.
. To contact User from time to time to offer, market and sell relevant products and/or services by any of our Affiliates, Business Partners.
. To provide customer and dealer support.
. For product warranty registrations and product recalls.
. To conduct or send customer relationship surveys or other surveys.
. To consider an application for career with Hero.
. To consider an application from prospective Vendors for partnering with Hero.
. To educate you about us, our products and services or to understand your interest to improvise the content and performance of our Sites/Apps.
. For maintenance of high quality and standards of products and services.
. To send you important information regarding the Sites/Apps, changes in terms and conditions, user agreements, and policies and/or other administrative information
. For internal business operations including:
(i) Reviews and data analysis for the Website / App (e.g., to determine the number, category of visitors to specific pages within the Website / App).
(ii) To manage, operate, maintain and secure our Sites/Apps, network system, and other assets and to customize/personalise your experience with us, which may include displaying content based upon your preferences.
(iii) For the purposes of analysing the use of the Sites/Apps, enabling and monitoring your use of our Sites, /Apps operating our Sites/Apps, ensuring the security of our Sites/Apps, for maintaining back-ups of our databases.
(iv) To help diagnose problems with our server, and to administer our Sites/Apps.
. To comply with our legal obligations or as otherwise permitted by law.
. To investigate potential breaches, or to protect the rights, property or safety of Hero, the Users of our Sites/Apps or others.
. For any other purpose necessary or incidental to our business.
. For any other purpose for which you give your express or implied consent.
In the event we use your Personal Information for other purposes, not specified above, we will inform you about the specific purposes for processing of your personal information and, when required, our basis for doing so at the time we collect the Personal Information from you to the extent required by law.
For the purposes of clarity, we may also use your personal information in combination with information we obtain from third parties about you for the same purposes described above.
In the event that you provide any personal information on any of the Sites/Apps, you consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations, including those that may have different levels of privacy protection than in your own country.
THIRD PARTY LINKS:
Our Sites/Apps may have links to the Website / Apps/Apps of other third parties and these third-party Website / Apps/Apps may collect personal information about Users for their own purpose, in such cases, our Privacy Policy does not extend to these external Website / Apps/Apps of third parties. Please be aware that if you access these links, you will be leaving our Site(s). We encourage users to read the privacy policies of those Website / Apps/apps, as we are not responsible for their content, links, or privacy procedures.
RETENTION, PROCESSING AND STORAGE OF INFORMATION:
The Company may directly or through its authorized third party agency retain/ process or store the Information provided by the User for the period as long as necessary to meet legal or regulatory requirements or for legitimate business purposes and to protect your vital interest as mentioned in this Policy.
TO WHOM WE SHARE YOUR INFORMATION WITH?
We may share the Personal Information collected from the Sites/Apps with third parties as outlined in this section.
1. Affiliates
Our parent company, subsidiaries, joint ventures, group and associate companies. These entities may use this information for the purposes outlined above.
2. Business Partners
(i) Service Providers who perform services on behalf of Hero and which may need information about you in order to perform their functions including but not limited to authorised service partners, call centre operators, marketing contractors, social media Website / App providers, data entry service providers, IT agencies operating handling or maintaining Sites/Apps, storing/processing information, overseas service providers who work for us etc.
(ii) Dealers mean Authorized Hero Dealers, Distributors, sub-dealers, franchise etc. which are independently owned and operated. They may use this information for their everyday business purposes, including marketing, customer service, fulfilment and related purposes.
(iii) Vendors who are business associates of Hero like suppliers, research and development vendors, professional advisors, agents, representatives etc.
3. Other Partners
Any third party with whom Hero co-brand or partner with or collaborate with or with any other third parties as may be necessary for Hero’s business purposes or to investigate potential data incidents or to protect the rights, property and safety of Hero and the Users of our Sites/Apps or others.
4. Legal Authorities
We may share your Personal Information in response to any notice, order, investigation or demand or request or any other communication from a law enforcement agency which necessitate or mandate the sharing of such personal information, or to otherwise comply with applicable laws.
5. Changes in Corporate Structure or Bankruptcy
In the event that Hero is involved in a merger, acquisition, reorganization or sale of assets, bankruptcy, your information may be transferred as part of that transaction. We also may retain a copy of such information.
We DO NOT use or disclose Information for purposes other than as mentioned in this Policy, except with the consent of User providing such Information or as required by law.
INTERNATIONAL SHARING AND / OR TRANSFERS OF YOUR PERSONAL INFORMATION
Hero is a global company and therefore uses global dealers, distributors, vendors, subcontractors and other business partners, as well as global IT systems and applications. As a result, the Personal Information that we collect about you may be shared with and / or transferred to, and stored at, a destination outside of your country which may have less strict, or no data protection laws, when compared to those in your country.
If you are citizen of European Union/European Economic Area (the "EU/EEA") the following terms apply to your Personal Information: Your Personal Information may be shared with and / or transferred to our global affiliates and to our employees, contractors and business partners who work for us and are located outside the EU/EEA for the purposes described in this Privacy Statement. If this is the case, we will take legally required steps under the General Data Protection Regulation ("GDPR") to ensure that adequate safeguards are in place to protect your Personal Information in accordance with this Privacy Statement.
YOUR RIGHTS
. In case you have User Account on the Sites/Apps, you may access your information under the profile section and can exercise your right of modification/correction/deletion. Otherwise, you may request access, or to update/correct/complete, the personal information we hold about you by writing to the Privacy Officer of Hero. We will take reasonable steps to ensure that your information is correct and complete.
. You can request access or details of your Personal Information we hold and for what purposes and with whom we have shared such Personal Information.
. You may also contact the Data Protection Officer if you wish to make a complaint about the way Hero has handled your personal information.
. You do not have to provide a reason for requesting access but you will need to provide reasonable proof of your identity.
. You may opt-out of receiving non-essential (promotional, marketing-related) communications from us & or our Affiliates / Business Partner / Other Partners/ Third Parties.
. At any stage, you can withdraw your consent to the retention/storage/processing of your Personal Information and Hero shall erase the Personal Information withdrawn by you unless there is a contractual obligation or legal requirement/obligation to retain/hold it or otherwise permitted by law to retain it. However, upon such withdrawal, the Company will not able to communicate with you and provide you with certain information on product and/or services which are required for fulfilment of any obligation.
. You may restrict the processing of your personal information without deletion.
The relevant contact details of Data Protection Officer are provided in this Policy.
HOW WE PROTECT YOUR INFORMATION?
Our Sites/Apps have stringent security practice and measures in place to protect the personal information provided to us. Our database stores Personal Information in secure environment that are designed to safeguard it from loss, misuse, wrongful disclosure, destruction and alteration. The security measures are reviewed periodically by Hero to keep pace with business, technology and regulatory changes.
We cannot guarantee the security of the personal information transmitted to us via Internet, although we use our best endeavours to do so, Hero will not be liable in any way in relation to breach of security during internet transmission of personal information, including any unintended loss, misuse, alteration or disclosure of that information.
It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event or a reason not within Our control or to any reason attributable to you.
CONTACT INFORMATION:
In case of any complaint or grievance, the User may contact the following:
Grievance Officer
C/o Hero Motocorp Pvt. Ltd.,
34, Basant Lok, Vihar, New Delhi-110057
Phone: 011-46044100
Time: 10AM – 5PM
Email:
grievanceofficer@heromotocorp.com
The Data Protection officer shall expeditiously redress the grievances, but within reasonable time as may be provided in applicable laws.
MISCELLANEOUS
This Privacy Policy shall be governed by the laws of India and the courts in New Delhi, India shall have the exclusive jurisdiction to try any disputes arising thereof.
This Hero Privacy Policy was last updated on February 05, 2019 and remains current until the date it is replaced with another version. Hero may modify and update its Privacy Policy from time to time by publishing it on Sites.
DATA COLLECTION CONTRACT
This Contract is executed at Delhi by and between Hero MotoCorp Ltd, a company duly incorporated under the Indian Companies Act having its office at 34, Community Center , Basant Lok, Vasant Vihar, New Delhi – 110057 through its authorized representative Shri Sujoy Brahmachari, hereinafter referred to as the Party of the First Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns
AND
Yourself being the visitor to the website / App and/or legal person who is either a new user or a registered user on the website / App, hereinafter referred to as the Party of the Second Part, which expression shall, unless repugnant thereto, shall include
and mean all its legal representatives, executors, successors and assigns.
Whereas the Party of the First Part is committed to respecting the privacy of personal information and sensitive personal data or information of individuals;
And Whereas the Party of the First Part has prepared policies and practices concerning the collection, usage and disclosure of personal information and sensitive personal data or information of individuals;
And Whereas Party of the First Part protects the privacy of individuals by complying with the operative legislation being the amended Information Technology Act, 2000 and rules and regulations made thereunder including as the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 and also the Information Technology (Intermediaries Guidelines) Rules, 2011;
And Whereas by means of the present Agreement/ Contract, the Party of the First Part agrees to and is collecting the personal data as well as sensitive personal data and information of the Party of the Second Part
NOW THIS DEED OF DATA COLLECTION CONTRACT WITNESSETH AS UNDER:-
1. That the parties agree that in this contract, unless the context otherwise requires, the terms used shall have the meanings as given in the Definitions clause of Data Privacy Framework of the company
2. That the parties agree that the Party of the First Part shall collect the personal data as also sensitive personal data and information of the Party of the Second Part in accordance with its Data/Information Collection Policy as well as the terms of the present contract. The contents of the Data/Information Collection Policy may also be read as part and parcel of the present contract and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
3. That the Party of the Second Part hereby specifically, absolutely and unconditionally gives its free, fair and informed consent and prior permission to the collection of its personal data as also sensitive personal data and information by the Party of the First Part, including within the meaning of Rule 6(1) of the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011.
4. That the Party of the Second Part understands, agrees and declares that the Personal and Identifiable information includes personal characteristics such as home address, telephone number, Aadhaar numbers and financial information and that its sensitive personal data or information shall be as defined in this contract.
5. That the Party of the Second Part declares that in providing personal information about other individuals, it represents that it has notified them of the purposes for which the information will be used, the recipients of the information, and how they can access and correct the information, and that it has obtained their consent in connection with the transaction at hand.
6. That the Party of the Second Part hereby specifically agrees that the Party of the First Part may be required to disclose the sensitive personal data and information so collected under the present contract to third parties and governmental agencies. The Party of the Second Part hereby specifically, unconditionally and absolutely agrees and consents to such disclosure of its sensitive personal data and information so collected by the Party of the First Part, without any objection of any kind whatsoever. The Party of the Second Part further hereby specifically, unconditionally and absolutely agrees and consents to such disclosure of its sensitive personal data and information so collected by the Party of the First Part, where the disclosure is necessary for compliance of a legal obligation.
7. That the Party of the Second Part further consents and agrees to the provisions of the Data Disclosure Policy as well as Data Sharing with Government Agencies Policy of the Party of the First Part. The contents of the Data Disclosure Policy as well as Data Sharing with Government Agencies Policy of the Party of the First Part may also be read as part and parcel of the present contract and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
8. That the Party of the Second Part undertakes not to challenge in any manner whatsoever the present Contract, any of its provisions as well as its unequivocal, absolute and unconditional consent given hereunder pertaining to the collection of its personal information as well as sensitive personal data and information.
9. That the Party of the Second Part has entered into this Contract out of his/her own sweet will and volition and without any outside force, influence and coercion of any kind whatsoever.
IN WITNESS WHEREOF THE PARTIES TO THE CONTRACT HAVE GIVEN THEIR CONSENT ON THE DAY, MONTH AND YEAR OF ACCESSING THE WEBSITE WWW.HEROMOTOCORP.COM AND ACCEPTING ITS TERMS AND CONDITIONS, RULES AND REGULATIONS AND RELATED LEGAL DOCUMENTATIONS.
PARTY OF THE FIRST PART
PARTY OF THE SECOND PART
CONSENT OBTAINING FORM
To
Hero MotoCorp Ltd.
34, Community Centre,
Basant Lok, Vasant Vihar,
New Delhi - 110057
SUBJECT :
CONSENT OBTAINING FORM UNDER RULE 5 & 6 OF THE INFORMATION
TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND
SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011
Sir,
I being the visitor to the website / App and/or legal person who is either a new user or a registered user on the website / App, hereinafter referred to as the Party of the Second Part, which expression shall, unless repugnant thereto, shall include and
mean all its legal representatives, executors, successors and assigns, would like to submit as under:-
1. That I would like to enter into a legal business relationship with your company.
2. That in regard to the same, I understand that your company is required to collect my information including my sensitive personal data within the meaning of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
3. I hereby give my absolute, unconditional and unequivocal consent, approval and prior permission to your company to collect my data including my sensitive personal data and information, within the parameters of prevailing law for the time being in force including the Indian Information Technology Act, 2000 and the rules and regulations made thereunder. My absolute, unconditional and unequivocal consent, approval and prior permission as mentioned in this paragraph has been given, out of my own sweet will and volition and without any outside force, coercion or influence of any kind whatsoever, within the meaning of Rule 5 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
4. I understand that my data including my sensitive personal data and information is being collected for the performance of the aforesaid legal business relationship and also for the performance of statutory obligations imposed upon your company as an intermediary under the Indian Information Technology Act, 2000.
5. I further undertake that I shall have complete rights to withdraw my consent at any point of time in the future within the parameters of the existing law. As and when I would be required to do the same, I will then appropriately exercise my option in this regard.
6. Till such time as I do not withdraw my aforesaid consent, I declare and undertake that my absolute, unconditional and unequivocal consent, approval and prior permission as given above, has been given without any restriction, qualification or condition of any kind whatsoever and shall continue to be binding on me for all times to come.
Visitor to the website / App and/or legal person who is either a new user or a registered user on the website / App, being the Party of the Second Part,
TERMS OF USE
This document is published in accordance with the provisions of Information Technology Act 2000 and related amendments thereafter that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.heromotocorp.com App through a user agreement.
These Terms of Use along with Privacy Policy and Disclaimer are a legally binding document between you and us and lays out the terms, conditions and rules, as maybe amended and supplemented, from time to time (“Terms”) which shall be applicable to your present and future access and use of the this App.
This user agreement (“Terms and Conditions” or "T&C" or “Terms” or "Agreement") is between You (“You” or “End User” or “or “User”, “Registered User”) and Hero MotoCorp Limited (“Company” or “Us” or “We” or “HERO”).
Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall alone prevail for the purposes of usage of the App.
1. INTRODUCTION
This App is owned and operated by Hero MotoCorp Limited.
2. ELIGIBILITY OF USER
Usage/browsing on the App is free for visitors. HERO does not charge any fee for browsing the App.
Use of this App, is allowed only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you are not eligible to use the App and may only use the App with the involvement of a parent or guardian.
HERO reserves the right to terminate your login, if any and / or refuse to provide you with access to the App if it is brought to HERO's notice or if it is discovered that you are under the age of 18 years and/or violates any provision of the Terms of Use.
3. THESE TERMS & CONDITIONS MAY CHANGE
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, Privacy policy, at any time without any prior written notice to you. For this reason, we encourage you to review these Terms of Use every time you visit or use our App.
4. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
a. We reserve the right to terminate your login Account, if any and/or refuse to provide you with access to the App if it is brought to our notice that user is not an eligible user or for any other reason at HERO’s discretion. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your user account on the App and refuse to provide you with access/use to/of the App.
b. If you or HERO terminates your use of the App or any service therein, HERO may delete any content or other materials relating to your use of the App and will have no liability to You or any third party for doing so. In case you have created a login for the App, you are solely responsible for maintaining the confidentiality of your user ID/your account/display name and password and for restricting access to your computer or any other device used to access the App to prevent unauthorized access to your account and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under your account and password. User can also deregister and delete account from App with or without cause /reason.
c. Use of the App:
You agree, undertake and confirm that your use of App shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
. belongs to another person and to which you do not have any right to use;
. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
. is misleading in any way;
. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
. harasses or advocates harassment of another person;
. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Intellectual Property Right Complaints" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links.
. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
. provides instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses;
. contains video, photographs, or images of another person;
. tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, account information, bulletins, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
. interferes with another user's use and enjoyment of the App or any other individual's user and enjoyment of similar services;
. refers to any App or URL that, in our sole discretion, contains material that is inappropriate for the App or any other App, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
. harm minors in any way;
. infringes any patent, trademark, copyright, trade secret or other proprietary rights of HERO or any third party;
. violates any law for the time being in force;
. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
. impersonate another person;
. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
. shall not be false, inaccurate or misleading;
. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
. shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
2. If you believe that any content on the App is affected due to above points, you shall immediately notify us in writing. HERO will make all reasonable endeavours to remove such content complained about within a reasonable time.
3. Any non-compliance of use of App would be dealt as per the policy.
5. PRIVACY
a) We view protection of your privacy as a very important principle. We clearly understand that you and your Personal Information is one of our most important assets. Privacy policy applicable on this App. If you object to our current Privacy Policy and your information being transferred or used in the way described in Privacy Policy please do not use the App.
6. ELECTRONIC COMMUNICATIONS
When you visit the App or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) from us with respect to your use of the App.
7. INTELLECTUAL PROPERTY RIGHTS/ TRADEMARK, COPYRIGHT AND RESTRICTION
All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HERO and/or, its affiliates or its content suppliers and is protected under trademark and copyright laws and other relevant law(s) as applicable from time to time.
You shall not extract or re-utilise parts of the contents of the App without HERO and / or its affiliates (as may be applicable) In particular, you shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this App. You shall also not create and/ or publish your own database that features any / or substantial (eg: prices and product listings etc.) parts of this App
8. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
HERO respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the Grievance Officer whose contact details are mentioned at the end of the Terms of Use.
9. PRODUCT COMPLIANCE
Products displayed on the HERO App are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
10. WARRANTIES & LIABILITY
. All information, content, materials, products (including software) and other services included on or otherwise made available to you by HERO are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that your use of the App is at your sole risk.
. HERO does not warrant that this App will be uninterrupted, error free, or constantly available, or available at all or that any information on this App is complete, true, accurate or non-misleading. Further, HERO shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond HERO’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material and/or data.
. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the App. You acknowledge, by your use of this App, that your use of this App is at your sole risk; that you assume full responsibility for all risks associated in connection with your use of this App.
. Though HERO shall make all endeavor to protect its Apps from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its App, however we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the App; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on App constitutes or is meant to constitute, advice of any kind.
. Hero will not be liable for any damages of any kind arising from the use of the App, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to you through the App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that HERO is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
11. INDEMNITY
. You shall indemnify and hold harmless HERO, its management, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
. You hereby expressly release HERO and/or its management, affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
12. BREACH
. In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your login, and/or refuse to provide you with access to this App. Any user that has been suspended or blocked may not register or attempt to register with us or use the App in any manner whatsoever until such time that such user is reinstated by us.
. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to take strict legal action including but not limited to a referral to the police or other authorities for initiating criminal or other proceedings against you.
. Any breach of any applicable laws shall also result in, without prior notice, immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your login, and/or refuse to provide you with access to this App.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL HERO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, AND OTHER POLICY ASSOCIATED WITH IT.
14 COMPLIANCE WITH LAWS:
The App user shall comply with all the applicable laws, rules, notifications as issued from time to time by appropriate authorities.
15. SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of remaining terms.
16. WAIVER
The failure by HERO to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by HERO of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
17. DISPUTE RESOLUTION
This agreement along with privacy policy and Disclaimer shall be construed and the legal relations between YOU and HERO hereto shall be determined and governed according to the laws of India and all disputes relating to this agreement shall be subject to the exclusive jurisdiction to the Courts of New Delhi.
18. GRIEVANCE
Any grievances you have by way of use of the App can be addressed to the Grievance officer
The 'Grievance officer' shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
Grievance Officer
C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
New Delhi - 110070
Time: 10AM – 5PM
Email:
grievanceofficer@heromotocorp.com