THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
If you do not agree to these terms, you may not use this Website.
“We”/ “M&M”/ “Company” refers to Mahindra & Mahindra Limited, including its subsidiaries and affiliates (also referred to as "we/our/us"). “You/ you”/ “Your/your”/ “Customer”/ “User” refers to the person or entity accessing the Website and/or availing the services or products offered through the Website.
The Website and its contents are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that any personal information you may submit will be accurate and truthful. We reserve the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in its sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in those jurisdictions.
2. Purpose of the website
All the materials contained in the Company’s website are on provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and the Company. No information provided on this site shall be considered a substitute for your independent investigation. The information provided on this website may be related to products or services that are not available in your country.
The information provided on this web site related to the vehicle features & accessories may be differ from those present on the actual physical vehicle. Actual features & accessories to be checked before buying the car or taking delivery of the car. This Website should not be regarded as an infallible guide to our products and services. Any reference in this Website to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of the limits prescribed by the authorities. By entering the Website, browsing, by using and/or downloading any content from the same, or by purchasing any products or services from the same, the users acknowledge that they have read, understood and accepted the terms and conditions of use as set forth herein on the Website.
3. General Disclaimer
a. Your use of this Website (including, without limitation, all other links appearing therein, all content, software, functions, services, materials and information made available or described on this Website or accessed by means thereof), and any marketing or promotional activities or any other item or service provided via this Website (“Ancillary Service”), is at your sole risk. The Website is provide on an “As is” and “As available” basis.
b. M&M shall use third-party service providers to assist M&M in improving our Services and Website and to monitor our Users’ interests and activities. You hereby authorise M&M and/or third party service providers engaged by M&M to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to Your use of the Website for the purpose of data analysis and for improving Your experience on the Website. You acknowledge that this is solely undertaken by M&M to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of M&M and/or third party service providers.
c. While we make every reasonable effort to ensure that the information contained in the Website is correct, the information may be incomplete, inaccurate or may have become out of date and hence the accuracy, correctness and completeness of the information available on the Website cannot be guaranteed or warranted. We reserve the right to amend, delete, modify or restrict the information available to you on the Website at any time. We also reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time.
d. We have no special relationship with or fiduciary duty to you. We do not guarantee the authenticity of any data or information that the users provide about themselves. You acknowledge that we have no duty to take any action regarding any of the following:
- What effects the content on the Website may have on the users
- How the uses of the Website may interpret or use the content
- What actions users may take as a result of having been exposed to the content
e. You release us from all liability for you having acquired or not acquired information or content through the Website. The Website may contain, or direct you to the Websites containing information that some people may find offensive or inappropriate. We make no representation concerning any content on the Website, and you agree to hold us not liable for the accuracy, copyright violations, trademark violations, legality or decency of the material contained in the Website.
f. Neither us nor any of our officers, directors, employees, representatives, agents, subsidiaries or affiliates make any representation or warranty of any kind, express or implied, including but not limited to, the operation or use of this Website, or as to the information content, or materials included on the Website. To the fullest extent permissible under Applicable Law, we disclaim all warranties, express or implied, including but not limited to, the express or implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security of information, accuracy, non-infringement, or arising in the course of dealing or the course of performance relating to the operation or use of this Website.
g. In no event shall we, our directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect the services available on the Website (i) for loss of profits, data loss, cost of procurement of substitute goods or services, or direct, special, indirect, incidental, punitive or consequential losses or damages of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origin).
h. The information provided on this Website may be related to products or services that are not available in your country. You acknowledge and agree that this Website and all the materials contained in the Website including historical information are provided for informational purposes only and unless specifically stated herein, should not be considered to be a commercial offer, a license or an advisory. No information provided on this Website shall be considered a substitute for your independent investigation. The information available on the Website does not constitute a professional advice, consultation, and/or service.
i. Where information provided on the Website relates to indications of future trends, events or circumstances, the fact is usually indicated by the use of terms such as “expect”, “plan”, “intend” or like words. As future developments are subject to varying and frequently unforeseeable circumstances and factors, no guarantee can be given as to the accuracy of the statements made relating to such future trends, events or circumstances. You acknowledge that no forward looking statement will be construed to be a guarantee of future performance and that the actual result could differ materially from those contained in the forward looking statements. The management will update any such statements at its own discretion. You are responsible for regularly reviewing these terms and conditions. The stock market and economic data, rates, indices, prices, news, general market related information and such other information and data etc made available is provided solely as a source of information for visitors to the Website and does not represent investment advice or any other form of recommendation. No information on this Website will constitute an invitation to invest in Mahindra & Mahindra Ltd or any of its affiliates or subsidiaries.
j. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR HOLDING COMPANY SUBSIDIARIES, AFFILIATES, OR THIRD PARTY CONTENT PROVIDERS, LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING TO THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR ANY MATERIALS CONTAINED THEREIN (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES); AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THIS WEBSITE, ANY MATERIALS CONTAINED IN THE WEBSITE OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ALL MATERIALS CONTAINED THEREIN.
k. This Website may contain materials in the form of user submissions such as opinions polls, reviews, discussion forums, success stories, user comments, user ratings, ‘Likes’, photos by registered / unregistered Users of the Site and we accept no responsibility for the content or accuracy, exactness, validity, relevance of the content as available on the Site.
M&M has provided this Website as a platform to the Users of this Website and all information and material available on the Website is only to assist the Users of Website who are interested in the services provided by M&M and who want to explore more options before concluding their booking. Among other services and information, M&M may provide any or all the below listed services to the Users:
i. Website may provide the information on new cars or upcoming cars including without limitation price, specifications, dealer locations, offers etc.
iii. Website may also provide information on the products of third parties as mentioned earlier so as to allow the User to compare the products and services offered by M&M to those offered by third parties. M&M takes the utmost care to ensure that the information provided about the products of third parties are up to date, authentic and accurate so as to avoid any allegations of misrepresentation. The source and the date as of which the information is valid and accurate is also disclosed to the User, wherever information about a product of a third party is provided. The User acknowledges that, no information provided on this Website shall be considered a substitute for your independent investigation. The information provided on this website may be related to products or services that are not available in your country.
iv. The Website may include information, data, text, software, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Website by M&M.
All the above listed Services are provided at the sole discretion of M&M, and You acknowledges and agree that M&M can add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
5. Links to Third-Party Websites
Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites, even if they may contain the Company’s logo, as such sites are beyond the Company’s control. Thus, the Company cannot be held responsible for the content of any linked site or any link contained therein. You acknowledge that framing the Company’s website or any similar process is prohibited.
We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses. You further acknowledge and agree that we shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. You acknowledge that framing our Website, or any similar process is prohibited.
6. Software disclaimer:
We do not warrant or represent that this Website or any e-mail sent from us, is or will be free of any viruses or other harmful components, and we do not make any representations or warranties of any kind regarding the consequences of downloading any software, information, or materials from this Website. 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 this Website. We recommend that you run a virus check before use of any software provided on this Website and we also recommend that you have an up-to-date backup of your hard disk before using the software. You hereby accept that the Company will not accept responsibility and will not be liable for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software or the Website.
7. Registration, Account and Login
To register on the Website, the Customers will follow the registration process specified for log-in.
You shall not use any other party's User id or/and password for any purpose whatsoever without proper authorization from such party. The Company will not be responsible for any financial loss or any other loss, inconvenience resulting from misuse of your User ID / password / account details.
You hereby agree and confirm that you will:
(i) Provide accurate, correct, valid and subsisting information/documents at the time of registration on the Website and anytime thereafter, as may be required ("Registration Data").
(iii) Indemnify and keep indemnified the Company from and against all claims resulting from the use of any detail/information/registration data that you post and/or supply to the Company. The Company shall be entitled to remove any such detail/information/registration data you posted even without any prior notification.
Further, You hereby agree and confirm that:
1. These Terms between the Company and the Buyer is an electronic record in terms of Information Technology Act, 2000 (as amended by the Information Technology (Amendment) Act, 2008) and rules made there under pertaining to electronic records in various statutes. These Terms is generated as an electronic record by a computer system and does not require any physical or digital signatures.
2. You are liable to ensure that your login id and password is not disclosed or transferred to any other person and that all services on the Website are used only for your own purposes.
3. In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent these Terms, and such entity agrees to be bound by the Terms.
4. You represent and warrants us that you hold all the licenses, consents, registrations and governmental approvals including: (i) sales tax/value added tax/service tax/excise duty/ Goods and Services tax registration; or (ii) a trade license; or (iii) relevant licenses and permits for carrying on retail trade; or (iv) certificate of incorporation or registration as a society or registration as a public trust for the purpose of undertaking purchase the products or services through this Website and shall promptly provide copies of the abovementioned to the Company before registration.
5. Any deviation from the aforesaid will entitle the Company to block\suspend the user’s registration and to take such other action(s) as may be necessary.
6. Any persons whose registration has been suspended or terminated by the Company for any reason whatsoever, will not be able to use the Website.
7. If you use the Website, you are responsible in maintaining the confidentiality of your password, account and any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of your failure to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password, you should contact us immediately at [email protected]. If we have valid reason/s to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.
8. User Content & Rules of User conduct
By using this Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this M&M Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the M&M Website) as are acceptable for a user policy:
a. Access to Website is free and Users (Registered or Guest) can browse the information/products/services for free unless they avail a service or product that is not free of cost. M&M, reserves the right, and may levy certain charges and fees in the future for any of the product or services available on the Website. You agree to pay any such fee as may be applicable to the services or product that You avail.
b. You shall be responsible for all Your fee and/or payment related obligations and M&M reserves the right to suspend the services/account or terminate Your membership in case You do not fulfil Your payment related obligations in full. We also reserves the right to take legal action in case of non-payment of fees.
c. You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
d. M&M, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Website which includes banks, financial institution etc. You shall be responsible to abide by all rules/regulations/guidelines as issued and applicable to online payments.
e. When You make the payment through third party payment gateway, such third party process Your Payment to M&M, provided You comply with all applicable rules and regulations. M&M shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding limit, wrong details etc.) as M&M does not control such third parties.
f. The Company does not assume any obligation to monitor the information that you may post on its Website. You warrant that any and all information, files or other attachments sent to us ('Material') or comments other than personal data, that you may transmit to the Company through the Website does not infringe intellectual property rights or any other applicable law. Such information, material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such information, material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such information in any way it chooses. All such Materials become the exclusive property of the Company, which it is entitled to use for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Website any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law and the Company reserves the right to delete such material without giving any notice. The Company reserves the right to block such user from entering the Website permanently. Views expressed or comments offered by the users shall be personal in nature of the users and the Company shall not have any responsibility whatsoever in this regard.
h. M&M may allow the registered User of Website to upload or post certain content including but not limited to reviews, feedback, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof (collectively referred to "User Content") accessible to others or transmit communications to others. While, using some of the tools/features, you may find involvement of of/ by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This feature is available to You as a matter of convenience only and to express Your views on products / services available through or at Website. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us or otherwise disclosed, or offered in connection with your use of this Website shall be and remain our property and we shall exclusively own all intellectual property rights, titles and interests over the User Content and shall not be limited in any way in the use of the User Content, commercial or otherwise. We will be under no obligation (i) to maintain any User Content in confidence; (ii) to pay you any compensation for any User Content; or (iii) to respond to any of the User Content. We do not regularly review the posted User Content , but reserve the right to monitor and edit or remove any User Content submitted to the Website. You grant the Company the right to use your name that you submitted in connection with any User Content. We take no responsibility and assume no liability for any User Content you submitted.
i. Our right to the User Content will survive any termination of these Terms.
j. Being the originator of the User Content, You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledges and agree that of the User Content posted or transmitted through our Website represents the views of the author, and not of the Company. You also acknowledge that your use of or reliance on such content is at your own risk.
k. You acknowledge that M&M does not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then M&M at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
l. When You use the Website and/or the services You specifically undertake not to display, upload, modify, publish, transmit, update or share any information or User Content that:
1) Belongs to another person and to which the User does not have any right to
2) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3) Harms minors in any way;
4) Infringes any patent, trademark, copyright or any other kind or form of intellectual property or proprietary rights of third parties;
5) Violates any applicable laws or regulations for the time being in force within or outside India;
6) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7) Impersonate another person or entity;
8) Contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
9) 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 of any other nation;
10) Is misleading in any way or 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;
12) Attempt to gain unauthorized access to any other User's account, Website any portion or feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of M&M connected with the Website to provide the Services.
13) You shall not access the Website, features or any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means or through automated means including robot, deep link, page scrape;
14) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor disrupt, interfere, breach the security or authentication measures on the Website or any network connected to the Website or cause any harm to the Website, system resources, servers of M&M connected to or accessible through the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of M&M, including any other Account on the Website not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
15) Use the Website or content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of M&M or other third parties;
16) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
17) Violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service;
18) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of M&M on Website or otherwise.
m. Unless with our prior permission, no part of the Website may be reproduced or transmitted to or stored in any other Website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
n. You have a limited permission to display, print or download extracts from these pages of the M&M Website for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material or contents on the M&M Website in any way. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited. Framing this site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is impermissible. Use of contact information provided on the site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the site or to intercept any information from the site is prohibited.
o. You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the M&M Website without our prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the M&M Website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use.
p. You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the M&M Website or use any of the materials for public performance or otherwise make commercial use of the M&M Website or any materials located on it without our prior written consent.
q. You cannot upload on the M&M Website or submit any content or otherwise distribute or publish through the M&M Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another's privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately.
r. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the M&M Website, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the M&M Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
s. You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; you know is false, misleading, or inaccurate; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of M&M or any third party; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or impersonates any person or entity, including any employee or representative of the Company.
t. You shall not: (i) take any action that imposes or may impose (as determined by M&M in its sole discretion) an unreasonable or disproportionately large load on M&M’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of M&M Website or any activities conducted on the same; (iii) bypass any measures M&M may use to prevent or restrict access to the M&M Website (or other accounts, computer systems, or networks connected to the same); (iv) run maillist, listserv, or any form of auto-responder or "spam" on the M&M Website; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the M&M Website.
u. M&M Website cannot under any circumstances be used for commercial purposes by any user.
v. You grant us a royalty free irrevocable permission to reproduce, download and print your user submissions / User Content in any of the sections on the M&M Website. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the Services, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party Websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license granted to the Company does not affect your other ownership or license rights in your User submissions/ User Content, including the right to grant additional licenses to your User Content.
w. We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.
x. We will enforce appropriate sanctions against any of the users of the M&M Website who are responsible for abuse of the M&M Website. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the M&M Website or machines, (c) suspension of access to the M&M Website, (d) termination of any registration of the user with M&M Website or services.
9. Online Booking, Payment and Delivery
b. Customer agrees to provide true, accurate, current and complete information while making an online booking be it for a vehicle service, test drive or for a vehicle booking. It shall be Customer’s obligation to maintain and promptly update the data to keep it accurate, current and complete.
c. The price quotation for the products including but not limited to the vehicles, accessories & promotions/benefits etc., shown on the Website are only indicative and actual sale price including, statutory levies (Import Duty, Taxes and other levies) will be applicable as prevailing on the date of invoice issued by Dealership to the Customer.
d. Acceptance of any payment on the aforementioned websites are taken on behalf of the Dealership by a payment gateway ("Agency").The Company is only a facilitator in the transaction and has suitably made the Website available for online booking of vehicles and other products of the Company through https://www.mahindrasyouv.com/ under the terms and conditions appearing on https://www.mahindrasyouv.com/. Hence, the Company will not be responsible for any charges imposed and action taken by the Agency arising out of online booking payment.
e. The image/picture of the vehicles, accessories, colours etc. shown/displayed on the Website are only for representation/ illustrative purposes and actual vehicles, accessories, colours etc. may vary from the depiction made. The specification of the vehicle, accessories etc. and price including, statutory levies (Import Duty, Taxes and other levies) will be applicable as prevailing on the date of invoice issued by Dealership to the Customer.
f. Delivery of the Products shall be effected by the dealerships of the Company and shall be managed by the concerned dealership subject to the terms and conditions appearing on https://www.mahindrasyouv.com/. You shall have to check with the dealership for their business & delivery policies.
g. The detailed terms and conditions related to purchase of vehicles, accessories and other products offered by M&M and third parties is available on https://www.mahindrasyouv.com/.
10. Consent to electronic communications
You consent to receive communications from us electronically or telephonically. We can communicate with You by e-mail, SMS, App notifications, browser notifications, chat platforms telephone, or by posting notices on the Website for various purposes including but not limited to marketing, taking feedbacks of the services on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically shall be legally binding on You.
11. Errors, Inaccuracies and Omissions
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, service shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website is inaccurate at any time without prior notice (including after You have submitted Your order for a transaction or initiated a transaction).
We are under no obligation to update, amend or clarify information in relation to the services or products offered on the Website, including without limitation, pricing information, information about third party products that are compared with M&M’s product, except as required by law. No specified update or refresh date applied in the service or on the Website, should be taken to indicate that any/all information in the services provided on the Website has been modified or updated.
12. Report abuse & Feedback
Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the M&M. M&M advises its Users not to use/send any such email. Any such reported instance will be investigated and M&M will take appropriate measures (including legal steps, if required) to stop such practices.
Your Feedback: When You share any feedback or post any comment (including User Content) on Website, it is deemed Non-Confidential. M&M is at liberty to use any such feedback or User Content and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) M&M is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) M&M may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from M&M for the feedback under any circumstances.
13. Intellectual Property
Copyright © 2020 Mahindra & Mahindra Ltd. ALL RIGHTS RESERVED
i. This Website is the exclusive property of the Company. All the contents, documents, information and database included on the Website, including without limitation such text, graphics, images, logos, button icons, pictures, music, sound files, ,animation, audio clips, video clips and their arrangement, demos, digital downloads, data compilations, source code, html codes, reprographics, demos, patches, other files and software), is owned, controlled or licensed by M&M or its affiliates and is protected or covered by copyright, database rights, trade mark, trade dress and other intellectual property laws and other proprietary rights. These materials may not be copied for commercial use, storage, alteration, duplication, distribution, reproduction, transmission, communication, nor should these objects be modified or reposted to other web sites, apps or other digital content without prior written consent from M&M. You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Company's web site without the Company's prior written authorisation is prohibited and is violation of the copyright of M&M and/or its affiliates or associates or of its third party information providers.
ii. The marks ‘Mahindra,’ 'Rise', ’the Corporate Logo’, ‘Ridge Device’, model names, logos, emblems, device marks and other marks developed by M&M in relation to its goods and services are the trademarks owned by Mahindra & Mahindra Limited , which also includes all other graphics, logos, page headers, taglines, button icons, hyperlinks, scripts meta tags and service names. The said trademarks should not be used in connection with any product or service that is not in any manner connected or provided by M&M, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits M&M.
iii. All other trademarks not owned by M&M that appear on the Website, are the property of their respective owners, who may or may not be affiliated with or connected to M&M and we do not claim any ownership, right, interest or affiliation with such parties.
iv. Nothing on the Website or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of M&M, or any third party, whether implied or otherwise, save as expressly provided.
v. Any software, including codes or other materials that are made available for download from the Website, copyright in the pages and in the screens displaying the pages, in the information and material therein and in their arrangement.is the copyrighted work of M&M and/or its suppliers, holding company or affiliates. If you download software from the Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of M&M in the case of codes or other downloadable materials.
vi. You acknowledge and agree that through your use of website or by availing any product or services through or at website, no right (empress or implied) is granted to you in respect of such content. M&M reserves the right to change or modify the content from time to time at its sole discretion.
vii. It is clarified that any use of the Website, Content, Marks or other intellectual property rights of M&M, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of M&M or their respective third party, upon which M&M or third party may initiate the appropriate legal proceedings against the User.
viii. All rights not expressly granted hereunder to the user, are reserved exclusively to M&M.
If You believe that Your work or someone’s work from whom You are authorized to represent, has been copied on the Website in a way that constitutes copyright infringement, please provide Our product team the written information specified below. Please note that this procedure is exclusively for the purpose of notifying Us only. . It does not guarantee, removal of the content from the website and receipt of such notice will not amount to admission by M&M of any infringement. Any communication received in response to the notice will be without prejudice to our rights under law.
1. An electronic or physical signature of the owner of the copyright interest and of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that You claim has been infringed upon
3. A description including the URL(s) of the Website of where the material that You claim is infringing is located on the site;
4. Your address, telephone number, and e-mail address;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by You, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
After having read and understood the disclaimer and copyright notice, you hereby agree to accept and abide by all the terms and conditions as mentioned therein.
15. International Use
Accessing M&M Website is prohibited from territories where the content is illegal. If you access the Services from locations other than India, you do so at your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranty, Exclusion of Liability
a. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement in relation to the products except only as provided in the warranty terms of a product as given by its manufacturer.
b. We do not warrant that the quality of any product, information, or other material purchased or obtained by You will meet Your expectations, or that any issues with the product will be resolved by Us.
c. All materials, including downloadable software, contained in the Company’s Website is provided on ‘as is’ basis and without warranty of any kind to the extent allowed by the applicable law. While the Company will use reasonable efforts to provide reliable information through its Website, the Company does not warrant that this website is free of inaccuracies, errors and/or omissions, viruses, worms, Trojans and the like, or that its content is appropriate for your particular use or up to date. The Company reserves the right to change the information at any time without notice. The Company does not warrant any results derived from the use of any software available on this site. You are solely responsible for any use of the materials contained in this site.
e. In no case shall Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Website, or for any other claim related in any way to Your use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use the Website or any Content (or service) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the price received by us against the products sold.
g. The Company, nor its affiliates nor any of their respective directors, officers, employees or agents shall be liable for any losses or damages resulting from (i) the hacking, tampering or other unauthorized/illegal access or use of the Company technologies, User’s account or the information contained therein, (ii) failure of any transaction due to the reason attributed to (a) the participating banks whose credit or debits cards are being used by the Buyer for the Transaction and (b) any other third party service provider, (c) failure on part of payment gateways facilitating payments for a Transaction, (iv) any failure or deficiency in providing services to the User or (v) any technology failure such as slow working of Website, site crashes, uptime, downtime, failure of payment gateways, call center services.
h. Notwithstanding anything to the contrary contained anywhere in the Agreement, to the fullest extent permitted under applicable law, we will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website , in any or its content in any manner. The maximum liability of the Company for any claim arising hereunder (whether in tort or contract or otherwise) will only be limited to the price received by us against the Products sold.
a. You agree to indemnify, defend and hold harmless M&M, its subsidiaries, affiliates, representatives, employees, vendors, contractors, directors, suppliers, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the terms of this Agreement ; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use or misuse of the Website; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party including but not limited to by way of infringement of an intellectual property of the third party; or (iv) Your violation of any rights of another, including any intellectual property rights. (v) any fraud, negligence or misconduct by You (vi) violation of any applicable laws, regulations including but not limited to that of intellectual property rights, payment of statutory dues and taxes etc. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with M&M in asserting any available defences.
b. M&M may notify You of any claims which You shall be liable to indemnify M&M against. You will then be required to consult with M&M regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of M&M without the express prior written consent of M&M which can be withheld or denied or conditioned by M&M in its sole discretion.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. Governing Law and Dispute Resolution
Subject to the above, the courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of or in connection with these Terms. Notwithstanding anything to the contrary contained in the Terms, we reserve, at our sole discretion, our right to seek equitable remedies including by way of injunctive relief before any court of competent jurisdiction.
21. No Waiver
A. M&M at all times reserves its right, but not an obligation, to audit the content, User Content, features available on Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of M&M, M&M determines that any User Content or any other material or feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then M&M may either remove or edit or block such material without any notice.
B. Though M&M does not pre-screen the User Content, yet that M&M and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any contents that are available via the Website.
C. Notwithstanding the above-said right, You acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not M&M, are entirely responsible for all User Content that you have provided M&M with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledges and agree that these User Content does not necessarily reflect the views of the M&M nor M&M endorse any such User Content
D. Further to this it is informed that M&M may share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.
On behalf of M&M to:
Mahindra & Mahindra Limited
Mahindra & Mahindra Ltd.
Automotive Division, Mahindra Towers, 3rd Floor, Akurli Road,
Kandivali (E) ,Mumbai 400 101
Monday to Friday
10:30 am to 6:30 pm
On behalf of User to
b. Contacting You: By accessing Our Website and/or availing any service or product at or through Our Website, You give Your consent to Us and both our associate partners (including Dealers, financial institutions etc.) to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
c. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of M&M for the purpose of this Agreement shall be the following:
24. Entire Agreement