1.          Scope

1.1       These TERMS OF USE apply to all the individuals who have (i) registered on the Platform by creating a user account, (ii) have been invited as guests or co-riders by the account holder to avail the Services, (iii) have been provided with access to the User Account, (iv) have submitted an enquiry through the Platform, and/ or (v) have booked or paid for any of the Services through the Platform (each a “User”).

1.2       Royal Enfield offers the User the right to use the Platform that enables him/her to search for and book various Services. When a User makes a booking with respect to a Service listed on the Platform, he/she is entering into a contract directly with the respective Third Party Service Provider who has listed or offered such Service. Royal Enfield is not and does not become a party to or other participant in any contractual relationship between User(s) and the Third Party Service Provider(s).

1.3       User acknowledges and agrees that under all circumstances, Royal Enfield is acting  as an “Intermediary” / “aggregator”  solely to assist the User to (a) view and compare various Services offered by the Third Party Service Providers including but not limited to motorcycle rental programs, motorcycle riding events and travel & tour on motorcycle etc., (b) submit enquiry (through form or otherwise) for getting more information about specific Service(s) listed on the Platform, (c) submit requests and make Service booking(s)/reservation(s) with Third Party Service Provider(s) for the Services offered by such Third Party Service Provider(s), (d) facilitate an online electronic payment system which is neither a banking service nor a financial service but is merely an automated online electronic payment system.

1.4       User further acknowledges and agrees that Royal Enfield merely provides intermediary services in order to facilitate services to the User. Royal Enfield is not the last mile service provider to the User and therefore, Royal Enfield shall not be deemed to be responsible for any lack or deficiency in the Services provided by any person or entity including Third Party Service Provider(s) and/or similar agency, User may engage or hire from the content available on the Platform.

1.5       As the provider of the Platform, Royal Enfield does not own, control, offer or manage any Service listings, or Services. Royal Enfield is not a party to the contracts entered into directly between the Users and Third Party Service Provider, nor is Royal Enfield a travel agency, insurer or an organiser or retailer of travel packages under applicable laws. Royal Enfield is not acting as an agent in any capacity for any User or Third Party Service Provider.

1.6       When User books a Service, he/she is agreeing to pay all charges for his/her booking including the Service price, applicable fees like Royal Enfield’s fee, taxes and any other items identified during checkout (collectively, “Total Price”). When User receives the booking confirmation, a contract for Services is formed directly between the User and the Third Party Service Provider. In addition to these TERMS OF USE, User will be subject to, and responsible for complying with, all Other Terms (defined hereinafter) applicable to the booking, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Service description/listing or during checkout. It is User’s responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Service on or through the Platform. Be aware that some Third Party Service Provider(s) work with a co-service provider or as part of a team to provide their Service(s).

1.7       An experience or other Service booking entitles the User to participate in, attend, or use that Service. User is responsible for confirming that he/she, and anyone he/she invites, meets minimum age, proficiency, fitness or other requirements. User is responsible for informing the Third Party Service Provider of any medical or physical conditions, or other circumstances that may impact User’s ability to participate, attend or use the Service. Except where expressly authorized, User may not allow any person to join a Service unless they are included as an additional guest during the booking process.

1.8       In general, if a User cancels a booking, the amount refunded to the User is determined by the cancellation policy that applies to that booking. But, in certain situations, other policies take precedence and determine what amount is refunded to the User.

1.9       Third Party Service Providers and Users are responsible for any booking modifications they agree to make via the Platform or direct Royal Enfield customer service executive to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.

2.          User Account

2.1       In order to access and use many features of the Platform, the User is required to open/register an online account with Royal Enfield ("User Account"). For registering a User Account, the User must: 

(i)         provide Royal Enfield with accurate, current and complete information; 

(ii)       ensure that User’s use of the Platform is in accordance with these TERMS OF USE, applicable Other Terms and applicable laws; and 

(iii)      choose a username and password ("Login Information"). 

2.2       By registering a User Account with Royal Enfield, the User warrants, represents and undertakes that: 

(i)         User has given accurate and complete registration as well as personal information, and will keep that information updated;

(ii)       User is not a person or entity barred from using the Platform under the laws of India, User’s place of residence, or any other applicable jurisdiction;

(iii)      User may not register more than one account using the same contact details or transfer his/her account to someone else; and 

(iv)      User’s use of the Platform does not violate/breach these TERMS OF USE, Other Terms or any applicable law(s). 

2.3       If it is permitted by applicable law, Royal Enfield may, but have no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify User’s identity or background, (iii) screen the User against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

3.          Use of Platform

3.1       By checking the box that says 'I HAVE FULLY READ, UNDERSTOOD AND ACCEPT THE TERMS OF USE AS WELL AS THE PRIVACY POLICY’ at the end of the sign-up/registration page, the User agrees to be bound by and comply with these TERMS OF USE and all other terms and conditions which are incorporated herein by reference, including the Terms and Conditions. 

3.2       For accessing and/or using the Platform, the User must satisfy the minimum age requirement of 18 years or such age as may be prescribed by the applicable law and, shall have full legal capacity to contract under the laws of India or any other applicable law. 

3.3       The User shall not use the Platform and the associated services in any manner that would, or could, overburden, disable, impair, compromise or damage any of Royal Enfield's servers, or any network/system/software connected to such servers or interferes with other user/s.

3.4       The User must not use the Platform in any unlawful/ illegal manner or for unlawful purpose, or in any manner inconsistent with these TERMS OF USE, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any related service or any operating system.

3.5       As a condition of User’s use of the Platform, User represents, warrants and agrees that:

(i)            he/she has the capability and legal authority to create a binding legal obligation and enter into these TERMS OF USE. If the User is a minor or is below the age of 18 years, User shall not access the Platform and shall not transact on or use the Platform;

(ii)          h/she will use the Platform in accordance with these TERMS OF USE;

(iii)        he/she will use the Platform to make only legitimate booking(s)/reservation(s) for himself/herself or for another person(s) for whom User is legally authorized to act. Further, User will inform such other persons about the TERMS OF USE that apply to the reservations/bookings User has made on their behalf, including all rules and restrictions applicable thereto;

(iv)        he/she will have to provide his/her name (as per govt. ID), address, e-mail address, phone number and other details as may be necessary for making booking(s)/reservation(s);

(v)          all the information provided by the User, on the Platform, is true, accurate, current and complete,. Further, User will be solely responsible for the any/all error(s) or mistake(s) in provision of information and Royal Enfield will not be liable for the same;

(vi)        he/she agrees that Royal Enfield does not sell or offer to sell any products or provide any services on the Platform. The Platform facilitates the User in making booking(s)/reservation(s) with various Third Party Service Provider(s) and, Royal Enfield does not provide, own or control any of the Services offered by the Third Party Service Provider(s) on the Platform;

(vii)      the Third Party Service Providers’ terms and conditions for the Services offered by them on the Platform apply to User’s booking(s)/reservation(s), so User must agree to, and understand those terms. Further, in case User has booked a tour, the terms of the hotels where the User stays, will also apply to User’s booking, so the User must also agree to, and understand those terms. User’s interaction with the Third Party Service Provider(s) accessed through the Platform is at User’s own risk, and Royal Enfield does not have any responsibility should anything go wrong with the booking. User agrees that Royal Enfield has no control over the Services offered by the Third Party Service Provider(s) on the Platform.

(viii)     He/she will not make use of the Platform by providing incorrect or false information and/or impersonate another person.

3.6       In the event of unauthorized use of the Platform, Royal Enfield reserves the right to revoke, suspend or terminate User’s access to the Platform. User agrees and acknowledges that Royal Enfield shall not be held liable for any loss or liabilities incurred by the User or any third party as a consequence of such unauthorized use.

4.          Intellectual Property Rights

4.1       User acknowledges and agrees that all trademarks and copyrights in the Platform (excluding the content uploaded by or belonging to the Third Party Service Providers) are owned by Royal Enfield. 

4.2       User further acknowledges and agrees that all intellectual property rights, including but not limited to, copyright in all content available in and/or through the Platform (excluding the content uploaded by or belonging to the Third Party Service Providers) are owned solely by Royal Enfield and/ or by its licensors, and that rights in the Platform are licensed (not sold) to the User to use the Platform in accordance with the terms of these TERMS OF USE.

4.3       The User shall not reproduce, alter, modify, disassemble, decompile, adapt, reverse engineer, sell, publish or use by any other means any information obtained through the Platform for any purpose other than the personal use of the User without obtaining the prior written consent of the copyright owner and the owner of other relevant intellectual property rights. 

4.4       Except where necessary for and incidental to personally accessing and using the Platform through the User's device, or as permitted by these TERMS OF USE or under applicable laws, the User shall not reproduce, store (for any period of time) in an electronic or any other retrieval system, modify, adapt, upload to a third party location, frame, perform in public, or transmit, in any form by any process whatsoever, the Platform, any part thereof and/or any information accessible through it, without Royal Enfield's specific prior written consent. 

4.5       Where such functionality is available on the Platform, by uploading reviews and other content, User grants Royal Enfield a royalty-free, worldwide, non-exclusive, sub-licensable, irrevocable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.

5.          Suspension or termination of the use of the Platform

5.1       Royal Enfield may suspend or terminate the use of the Platform, or any part/section thereof, by the User at any time without notice to the User and for any reason, including if Royal Enfield determines, in its sole discretion, that any of the following events have occurred, or is likely to occur: 

(i)         the User has breached any of the terms of these TERMS OF USE;

(ii)       the User has provided misleading, incomplete or incorrect details pertaining to his or her personal identification including, without limitation, his or her name, age, telephone number, e-mail address or other contact information (referred to as the "Contact Information"); 

(iii)      the User has disturbed or interrupted the operation of the Platform;

(iv)      the User has posted or uploaded any content which infringes any patent, trademark, copyright or other proprietary rights, or posted or uploaded any content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethically objectionable, disparaging, relating to money laundering or gambling, hurts sentiments of any group /association or otherwise unlawful in any manner whatsoever. Royal Enfield reserves the right to remove or block access to such content that is manifestly unlawful;

(v)       the User has uploaded any content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(vi)      the User has engaged in tampering of the Platform including modification of URLs, distributing unauthorized URLs, email cloaking, running automated scripts or pages being spidered and such other activity that interferes with or disrupts access to the Platform; and/or

(vii)    the User has undertaken any activity in violation/ contrary to any current legislation/ regulations and/or in violation of these TERMS OF USE.

5.2       The User understands that if his/her account is suspended or terminated, User may no longer have access to the content that is stored within the Platform.

6.          Platform Features/ Functionalities

The features/ functionalities/ content of the service(s) being made available to the User through the Platform shall be set out in a separate document or within the Platform. Royal Enfield may change any or all features of the Platform or vary the scope of the services offered through the Platform in any of the geographies/territories, at any time and without any notification to the User. 

7.          User’s Responsibility

7.1       User agrees to comply with the respective terms and conditions of Services offered by the Third Party Service Provider(s), along with these TERMS OF USE.

7.2       User agrees that he/she will present to the Third Party Service Provider all valid documents viz. identity proof, address proof, passport or any other document as specified by the Third Party Service Provider(s) in order to utilize the Services he/she has booked / reserved.

7.3       User further agrees that he/she, along with the people on whose behalf he/she may have made booking(s) / reservation(s), may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before availing the Service(s) offered by the Third Party Service Provider(s) where mandated by such Third Party Service Provider(s).

7.4       User would ensure that he/she, and the people on whose behalf he/she have made the booking(s) / reservations(s), qualify all the eligibility criteria including but not limited to age limit, weight limit, medical conditions etc. for availing the Service(s) offered by the Third Party Service Provider(s). User fully understands that in case he/she or any person(s) on whose behalf he/she have made the booking(s) / reservations(s) are found unfit or illegible, the Third Party Service Provider(s) may cancel the booking(s) / reservation(s) at its sole discretion and Royal Enfield has got no say in the same.

7.5       The User acknowledges and agrees that he/she is responsible for his/her own acts and omissions and is also responsible for the acts and omissions of anyone he/she invites to join or provide access to any experience/ tour or other Service(s). For example, this means: (i) User is responsible for paying all damage claim amounts necessary to cover damage that the User or his/her guest(s) cause to the assets of the Third Party Service Provider(s), and (ii) User must act with integrity, treat others with respect and comply with applicable laws at all times. If the User is booking for an additional guest who is a minor or if the User brings a minor to a Service, User must be legally authorized to act on behalf of the minor and User is solely responsible for the supervision of that minor.

7.6       The User acknowledges and agrees that he or she shall be solely responsible for all activities relating to his or her User Account and Login Information.

7.7       The User must maintain the confidentiality of his or her Login Information and User Account details and must not disclose such information/details to any third party. If the User becomes aware of any disclosure, loss, theft or unauthorized access/use of his or her Login Information, he or she must immediately notify Royal Enfield. 

7.8       User must immediately notify Royal Enfield of any unauthorized use of their password or account or any other breach of security. Royal Enfield shall not be liable for any loss that may be incurred by the User as a result of unauthorized use of the User Account, either with or without the User's knowledge including but not limited to all orders, service requests/appointments or instructions and data transmissions, relying on which Royal Enfield or its affiliates or its authorized dealers, takes further action or executes or performs. 

7.9       The User shall not use the Login Information of any third party and shall be solely liable and responsible for any loss arising from a breach of this Clause 7. 

7.10    The User is solely responsible for all costs, including without limitation, telecommunications costs, network provider costs and device costs that he or she incurs in connection with the use of the Platform. 

8.          Changes to Contact Information

The User shall promptly update authorized Royal Enfield contact personnel regarding any changes in his or her Contact Information. Royal Enfield shall not be liable for any loss or inconvenience caused to the User due to his or her failure or delay to update the Contact Information.

9.          Restrictions/ Prohibitions

9.1       User shall not use the Platform for commercial activities or commercial purposes without obtaining the prior express and written consent of Royal Enfield. 

9.2       User shall not use the Platform in any way that is contrary to the laws of India or any other applicable jurisdiction, including, without limitation statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or any government agency or government department or that is otherwise contrary to public order and morality, further including, without limitation, applicable export and import control laws and regulations, and User shall not allow any other party to use the Service or the Platform for or in connection with any illegal purpose or activity. 

9.3       The Platform is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules of the service. 

9.4       User shall not license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Platform or any service through the same, in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Platform or the related services, or any part thereof, or the information contained therein, to any other party. 

9.5       User shall not remove or tamper with any proprietary notices or labels, including but not limited to copyright notices or data source attributions, attached to or contained within the Platform or the Service provided by it. 

9.6       User shall not cause damage to any of the websites, servers, systems or equipment used in the provision of the service by Royal Enfield or any other third party, and shall not access or attempt to access any user data or to penetrate any of the security measures relating to the service. 

9.7       User shall not by himself/herself or enable others to, copy (except as expressly permitted by these TERMS OF USE), alter, modify, enhance, customize, edit, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works of, publish or sell the Platform, any information obtained through the Platform, or any services provided by the Platform, or any part thereof. Any attempt to do so is a violation of the rights of Royal Enfield with regard to the Platform.

10.       Temporary suspension of the provision of Platform or Service(s) listed therein

Royal Enfield reserves the right to temporarily suspend the availability/provision of or User’s access to the Platform, at any time, without liability or notification to the User and in any of the following circumstances: 

(i)         for periodical or emergency maintenance of the Platform; 

(ii)       the provision of the Platform becomes impossible due to acts outside of Royal Enfield's control, including but not limited to, failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, biological hazard, pandemic, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, change in applicable law or action of government or any other event beyond the control of Royal Enfield; 

(iii)      communication services (including internet connectivity) are suspended; and/or

(iv)      if Royal Enfield reasonably believes that it is necessary to temporarily suspend the provision of the Platform for legal, security, operational or technical reasons. 

11.       Disclaimer of Warranty

11.1    Royal Enfield does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Service, Third Party Service Provider, listings containing details of the Service(s) on the Platform and/or any information provided by the Third Party Service Provider. Further, Royal Enfield does not warrant that verification, identity or background checks conducted on the User (if any) will identify past misconduct or prevent future misconduct. Any references to a User being "verified" (or similar language) indicate only that the User or Royal Enfield has completed a relevant verification or identification process and nothing else.

11.2    Royal Enfield is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond its control and can lead to interruptions in the availability of the Platform.

11.3    The User shall be solely responsible for his/her use of the Platform. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. Royal Enfield expressly disclaims, except those that cannot be lawfully disclaimed, all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11.4    The Platform is only available for supported devices and might not work on every device. Determining whether a device is a supported or compatible device for use of the Platform is solely the User’s responsibility, and accessing/using the Platform is done at User’s own risk. Royal Enfield does not represent or warrant that the Platform and User’s device are compatible or that the Platform will work on the User’s device.

11.5    Platform hosts content, including prices, images, logos, designs, graphics, trade names, links and other information and data, made available by or obtained from Third Party Service Provider(s) as well as content provided by other users of the Platform, such as comments (if any), ratings and other information (the “Content”). Royal Enfield is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and Royal Enfield has no influence over the Content. In particular, Royal Enfield does not guarantee that the Content provided by the Third Party Service Provider(s) and/or other users of the Platform, will be updated in real time.

11.6    User acknowledges that Royal Enfield has no general obligation to monitor the use of the Platform and verify information provided by the User(s) or Third Party Service Provider(s), but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure User’s compliance with these TERMS OF USE; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that Royal Enfield determines is harmful or objectionable; (v) take actions set out in these TERMS OF USE; and (vi) maintain and enforce any quality or eligibility criteria, including by removing listings of Service(s) that don’t meet quality and eligibility criteria.

11.7    Royal Enfield does not warrant, represent or undertake that: 

The Platform will meet the User's needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses; or the information obtained from or available through the Platform will be accurate or reliable, or that the quality of any information obtained by the User through or as a result of the User's use of the Platform will meet a User’s expectations. 

12.       Third Party Services/ Components

12.1    Users may access or use certain third party services/ components through the Platform (each referred to as the "Service"). These Services may be provided by a Third Party Service Provider. The User shall consent to the terms of these TERMS OF USE and any other terms, conditions, rules and guidelines applicable to the Service(s), which are made available either by Royal Enfield or any other Third Party Service Provider. In the event of an inconsistency or conflict between the terms of these TERMS OF USE and any other terms, rules or guidelines (“Other Terms”) applicable to any or all Services, the Other Terms shall prevail but only to the extent of such inconsistency. 

12.2    Royal Enfield may change or discontinue provision of a specific Service(s) listed on the Platform at any time without notification and without incurring any liability to the User.

12.3    By accepting these TERMS OF USE, the User consents to receive notifications from Royal Enfield or its authorized service provider(s). This service enables the User to be kept up-to-date on any topics pertaining to the Platform or its services. 

13.       Payment for Services using the Platform

All usage fees for the Service(s) may be paid either by using the payment gateways within the Platform made available by Royal Enfield for this purpose, or the payment gateways on Third Party Service Provider’s platform/website, as the case may be. However, any liability with respect to a failed or incorrect transaction shall be of the User, payment gateway service provider and/or the recipient of such fees/charges, as the case may be. 

14.       Refusal of Service(s)

14.1    User agrees that if any situation arises which is declared as a disaster by the Government of India or any other country where the Service(s) is offered to be provided, there may be instances, where the Third Party Service Provider(s) either cancels the booking(s) or refuses to provide the Services with or without assigning any specific reason for such refusal. Refusal of Service(s) may be due to the reasons including but not limited to:

(i)         Health condition of people covered under the respective booking(s)/ reservation(s) (if any of them exhibiting any symptoms associated with any pandemic/epidemic disease) or any of them is suffering from any ailment that makes them vulnerable to any pandemic/epidemic disease.

(ii)       If they refuse to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.

(iii)      If they are posing a threat to the health and safety of others.

14.2    In any such case, Royal Enfield shall not be liable for the refusal of Service by the Third Party Service Provider. User also agrees that refund, if any, for such bookings will be processed by Royal Enfield to the User (provided payment for the booking was made to Royal Enfield) subject to receipt of the same from the Third Party Service Provider.

14.3    If the Third Party Service Provider(s) refuses to provide Service(s) and/or cancels the booking(s)/ reservation(s) for any other reasons not specifically covered herein above, User agrees that refund, if any, for such bookings will be processed by Royal Enfield to the User (provided payment for the booking was made to Royal Enfield) subject to receipt of the same from the Third Party Service Provider.

15.       Cancellation and Refund

15.1    Before booking any Service through the Platform, the User is advised to read and understand the cancellation policy applicable to such booking(s), as may be available on the Platform or Third Party Service Provider’s website.

15.2    Royal Enfield is not responsible for any losses/damages for cancellation(s) of any booked Service(s) at any time prior to the commencement of the Service(s).

15.3    If payment with respect to a Service booking is directly made to the Third Party Service Provider on its website or such other platform as may be instructed/directed by the Third Party Service Provider, then Royal Enfield shall not be liable to provide refund upon cancellation of such booking by the User. In such cases, User shall directly deal with the Third Party Service Provider and claim the refund from it as per the applicable cancellation policy.

15.4    If the booking amount for a Service is paid to or received by Royal Enfield, it will process the refund only after getting cancellation request / claim from the User and subject to the cancellation charges as may be chargeable by the Third Party Service Provider(s) on such cancellation.

15.5    Refund by Royal Enfield, if any, against the cancellation of booking(s) will be credited directly into User’s account (using the same mode of payment used by the User for making the payments) after receiving the refund amount from the Third Party Service Provider(s).

15.6    User hereby confirms and agrees not to hold Royal Enfield liable to pay any refunds in cases where the Third Party Service Provider closes its operation or declares itself as insolvent.

15.7    On the basis of assurance given by the Third Party Service Provider(s), Royal Enfield may sometimes refund the cancellation amount to the User but Royal Enfield shall reserve the right to recover the refunded amount on event of Third Party Service Provider(s) getting shut down / non-operational / bankrupt.

16.       User’s Personal Data

16.1    For the purposes of these TERMS OF USE, "Personal Data" means any information about an individual, including but not limited to, their name, age, gender, date of birth, telephone number and e-mail address or any other description or information by which a specific individual can be identified (including information that can be collated with other information so that a specific individual can be identified) and any other information designated as Personal Data under the applicable law(s). 

16.2    User agrees and consents to Royal Enfield collecting the User’s Personal Data including information relating to the status of a User’s use of the Platform and transferring the same to Royal Enfield’s affiliates, service providers or partners, irrespective of their geographical location, for the purpose of providing services (including Services) to the User. 

16.3    While User uses the Platform and make booking(s) /reservation(s) for any Service(s) offered by any Third Party Service Provider(s), Royal Enfield may use Personal Data including, payment details which include cardholder name, credit/debit card number (in encrypted form) with expiration date, banking details, wallet details etc. as shared and allowed to be stored by the User. Royal Enfield may also use the information of rider(s) /pillion(s) as available in or linked with the booking(s)/reservation(s) made by the User. This information is presented on to the Third Party Service Provider(s) selected by the User to enable them to complete User’s bookings.

16.4    Certain Service(s) may only be listed on the Platform, without the facility to book the same. In such cases, the User may submit enquiry with respect to such Service(s) and Royal Enfield will pass on the enquiry and User’s data (including his/her Personal Data) to the relevant Third Party Service Provider(s) for further processing.

16.5    Royal Enfield shall process the Personal Data that it collects in accordance with its data Privacy Policy and applicable laws. For the purposes of these TERMS OF USE, any reference in the Privacy Policy to Royal Enfield’s website or any other page shall include reference to the Platform and all the related platforms, servers etc.

16.6    User agrees that Royal Enfield may use his or her Personal Data (including but not limited to his or her name, address, date of birth, telephone number and e-mail address) for the following purposes:

(i)         sending verification SMS, WhatsApp(s), email(s) or any other messaging service to validate/authenticate User’s account and to prevent any misuse or abuse thereof;

(ii)       sending the User a confirmation for the his/her booking(s)/reservation(s) /cancelation(s) made with respect to the Service(s) offered by the Third Party Service Provider(s) on the Platform and to keep the User informed about the transaction status, booking/ reservation confirmation(s) /cancelation(s) may be sent to the User via email, SMS or WhatsApp or any other messaging service;

(iii)      sending notices and other forms of communication to the User in relation to, among other things, Royal Enfield products and services, the Platform and Service(s) booked through the Platform; 

(iv)      providing the Platform, related services/functionalities and making it available to the User; 

(v)       sending any updates or changes to User’s booking(s)/reservation(s);

(vi)      planning and developing products and services, or implementing surveys, for the purpose of improving the quality of the Platform, Royal Enfield products and services and the Platform user satisfaction. 

(vii)    allowing Royal Enfield’s customer service executive to contact the User, if necessary;

(viii)  customizing the content of the Platform, mobile site and mobile app etc.;

(ix)      contacting the User to offer(s), special gift(s) or for sending the User periodic marketing email(s), newsletter(s) and exclusive promotions offering special deals;

(x)        fulfilling or processing any request/enquiry raised by the User(s).

16.7    Royal Enfield may provide Personal Data to a Third Party Service Provider of a Service that the User has subscribed for or booked. User expressly authorizes Royal Enfield to share User’s Personal Data with the said Third Party Service Provider(s). When Royal Enfield discloses Personal Data to a Third Party Service Provider, Royal Enfield shall use reasonable means to ensure that the Third Party Service Provider safeguards the Personal Data. Royal Enfield does not authorize the end service provider(s) to use User’s Personal Data for any other purpose(s) except as may be required to fulfill their part of Service. However, how the said service provider(s)/supplier(s) use the information shared with them is beyond the purview and control of Royal Enfield as they process Personal Data as independent data controllers, and hence Royal Enfield cannot be made accountable for the same. It is therefore strongly advised that the User reviews the privacy policy of the respective Third Party Service Provider or supplier whose Services he/she chooses to avail.

16.8    Royal Enfield shall monitor and record conversations between Users and Royal Enfield where it is necessary to do so for confirming the content of the User's request and for improving the quality of service provided to Users and User satisfaction. 

16.9    User agrees that Royal Enfield, or any party in possession of Personal Data under the terms hereof, may disclose his or her Personal Data if it reasonably believes that such disclosure is necessary to protect an important interest of the User or a third party, or if it is necessary to do so due to a legal/statutory obligation with which Royal Enfield must comply, irrespective of the jurisdiction in which that legal obligation arises. 

16.10 User may withdraw his/her consent to processing of Personal data by Royal Enfield or request the disclosure, correction, deletion, and suspension of the use of his or her Personal Data through the medium provided for in the Royal Enfield Privacy Policy (link provided above). Royal Enfield shall comply with a request issued by a User to the extent that Royal Enfield is able to do so while acting in accordance with applicable laws. The User acknowledges and agrees that withdrawal of consent to process his/her Personal Data or the deletion of his or her Personal Data may make it necessary for Royal Enfield to terminate his or her use of the Platform or any related service (including Service). 

17.       Consent to Use the User Data

User agrees that Royal Enfield or any of the Third Party Service Providers may collect, maintain, process and use technical data and related information, including, but not limited to, technical information about User’s device, system and application software, and peripherals (“User Data”) that is gathered periodically to facilitate the provision of software updates, product support, and other services to the User (if any) related to the Platform, related services and to verify compliance with the terms of these TERMS OF USE. Royal Enfield or the Third Party Service Providers may use this User Data, as long as it is in a form that does not personally identifies the User, to improve its products or to provide services or technologies to the User.

18.       Compensation for damages

18.1    If the use of the Platform or Service(s) by the User causes damage, harm, loss or inconvenience to a third party, the User shall be solely responsible for settling the matter with such third party at his or her sole cost and expense and without bringing any claims against Royal Enfield. 

18.2    If the use of Platform by the User violates these TERMS OF USE or causes damage, harm, loss or inconvenience to Royal Enfield, Royal Enfield may demand damages in the form of compensation from the User. 

19.       Indemnification

To the maximum extent permitted by applicable law, User agrees to release, defend (at Royal Enfield’s option), indemnify, and hold Royal Enfield (including its affiliates and their respective officers, directors, lawful successors, assigns and any third party) harmless from and against any claims, liabilities, damages, losses, and expenses, howsoever caused, or suffered by Royal Enfield, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) User’s breach of these TERMS OF USE (including any supplemental or additional terms that apply to a product, Service or feature) or any other policy or terms and conditions that applies to the use of the Platform and/or features therein, (ii) any breach of any representation or warranty provided by the User, (iii) User’s improper use of the Platform, (iv) non-performance of any covenant by the User, (v) User’s interaction with any other user of the Platform, participation in an experience tour or other Service(s) offered on the Platform, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (vi) User’s breach of any laws, regulations or third party rights such as intellectual property or privacy rights, (vii) use of the Platform by the User, whether direct, indirect or consequential, howsoever caused, and whether arising in contract, tort (including negligence), breach of statutory duty, warranty or otherwise.

20.       Limitation of Liability

20.1    To the maximum extent permissible under applicable laws, Royal Enfield shall not be responsible for any damage, harm, loss or inconvenience suffered by the User as a result of his or her use of the Platform/Service(s). 

20.2    User acknowledges and agrees that Royal Enfield acts as a facilitator by connecting the User with the respective Third Party Service Provider(s), through the Platform. Royal Enfield’s liability is limited to providing the User with a booking confirmation of the Service(s) as may have been selected by the User.

20.3    Unless explicitly committed by Royal Enfield as a part of any product or Service:

(i)         Royal Enfield assumes no liability for the standard of Service(s) as provided by the respective Third Party Service Provider(s).

(ii)       Royal Enfield provides no guarantee/warranty with regard to the quality or fitness of the Service(s) or associated products, as represented.

(iii)     Royal Enfield does not bear any obligation or responsibility for Services and information provided by the Third Party Service Provider(s).

(iv)     Royal Enfield doesn't guarantee the availability of any Service(s) as listed by a Third Party Service Provider.

20.4    Any issues or concerns faced by the User at the time of availing any Service(s) shall be the sole responsibility of the respective Third Party Service Provider(s) who had listed/advertised such Service(s). Royal Enfield will have no liability with respect to the acts, omissions, errors, representations, misrepresentations, warranties, breaches or negligence on part of any Third Party Service Provider, and Royal Enfield does not offer any warranties or make any representations, in relation to the Service(s) provided to the User by a Third Party Service Provider. If any dispute arises between the User and a Third Party Service Provider, the dispute shall be settled between the User and that Third Party Service Provider and the User shall not submit any demand, claim or complaint to or against Royal Enfield.

20.5    To the extent not prohibited by applicable law, in no event shall Royal Enfield or any of its directors, employees, agents or contractors be liable for personal injury, or any direct, indirect, incidental, special, indirect or consequential damages, losses, liabilities, claims and expenses whatsoever, including, without limitation, legal costs, defense or settlement costs, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or in connection with (i) these Terms of Use, (ii) the Services booked / reserved using the Platform, (iii) deficiency in Services offered by the Third Party Service Provider(s) on the Platform, (iv) the User’s use of or inability to use the Platform components and Services or any third party software or applications in conjunction with the Platform, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Royal Enfield has been advised of the possibility of such damages.

20.6    In no event shall Royal Enfield’s aggregate liability to the User, for any and all damages, liabilities, losses, costs, expenses, claims and causes of action arising out of or in connection with (i) these Terms of Use, (ii) the Services booked / reserved using the Platform, (iii) deficiency in Services offered by the Third Party Service Provider(s) on the Platform, (iv) the User’s use of or inability to use the Platform components and Services or any third party software or applications in conjunction with the Platform, however caused, and whether arising in contract, tort (including negligence), breach of statutory duty, warranty or otherwise, exceed the lesser of the following amounts – (a) actual cost or expenses incurred by the User, and/or (b) Rupees Five Hundred Only (INR 500/-).

20.7    Royal Enfield shall not be liable to the User or anyone else for any delay or loss resulting from a cause over which Royal Enfield does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, war, insurrection, terrorist act, riot, pandemic, biological hazard, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, or action of government. 

21.       Governing Law; Jurisdiction

21.1    The Platform, these TERMS OF USE, User’s and Royal Enfield’s rights and duties hereunder, and the disputes arising out of the use of the Platform by the User shall be governed by the laws of India.

21.2    All disputes arising out of or in connection with these TERMS OF USE, the Platform, the use of the Platform by the User, User’s and Royal Enfield’s rights and duties hereunder, shall be resolved by arbitration, to be conducted by mutually appointed sole arbitrator, as per the rules of the Indian Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be Chennai, India and the language of arbitration shall be English.

21.3    The courts in Chennai, India will have sole and exclusive jurisdiction to adjudicate any dispute relating to the foregoing provided the arbitration proceeding fails. 

22.       Changes to these TERMS OF USE

22.1    Royal Enfield may modify the terms of these TERMS OF USE at any time, without the User's consent, for any reason whatsoever including but not limited to security, technical, legal or regulatory reasons, or to reflect updates or variations to the services, features or functionalities of the Platform, by publishing the modified terms of these TERMS OF USE under www.royalenfield.com in Rental in the Terms and Conditions section of the Platform. 

22.2    The User acknowledges that by following the procedure set out herein above, Royal Enfield would be deemed to have provided the User with sufficient notice of the modification to the terms of these TERMS OF USE, irrespective of the nature of modifications made. Further, Royal Enfield is under no obligation to specifically contact or notify the User of any variation to these TERMS OF USE. By using, or continuing to use, the Platform after any modification to the terms of these TERMS OF USE, the User shall be deemed to have accepted the revised/ modified terms of these TERMS OF USE.

23.       Miscellaneous

23.1    Royal Enfield may perform any of its obligations, and exercise any of the rights granted to it under these TERMS OF USE, through a third party. Royal Enfield may assign any or all of its rights and obligations under these TERMS OF USE to any third party. However, User cannot assign or otherwise transfer these TERMS OF USE, or any rights granted hereunder to any third party.

23.2    If any clause or part of any clause of these TERMS OF USE is found to be void, unenforceable or invalid, then it will be severed from these TERMS OF USE and all other terms will remain in full force and effect, provided that Royal Enfield at its sole discretion determines that such severance of the terms of these TERMS OF USE has not altered its basic nature. 

23.3    User may not rely on Royal Enfield's words or conduct as a waiver of any right unless the waiver is in writing. In this Clause, “conduct” includes delay in the exercise of any right. For the purposes of this Clause, “right” means any of Royal Enfield's rights arising under or in connection with these TERMS OF USE or otherwise, and includes the right to rely on this Clause. 

23.4    These TERMS OF USE, all the terms and conditions incorporated herein by reference, and any terms of use applying to a Third Party Service constitute the entire agreement between the User and Royal Enfield in relation to the Platform and supersede in their entirety any and all written or oral agreements previously existing between the User and Royal Enfield with respect to such subject matter. Any translation of these TERMS OF USE is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TERMS OF USE shall govern, to the extent not prohibited by local law in User’s jurisdiction.

23.5    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith

Name of the Officer: Ayush Bisht

Address: Plot No. 96, Near Jharsa Chowk, Sector 32. Gurugram - 122001. Haryana

Email Address: ayush@royalenfield.com

23.6    Except as explicitly stated otherwise, any notice(s) to be given to Royal Enfield shall be sent through postal mail at Royal Enfield’s registered office address mentioned above and any notice(s) to be given to the User shall be served by electronic mail to the email address provide by the User during the booking/reservation process. Notice shall be deemed delivered as follows: (i) immediately upon sending (if sent by electronic mail), unless the sending party is notified that the email address is invalid, and (ii) upon receipt of the same (if sent by postal mail).