PLEASE READ THIS ROYAL ENFIELD REOWN PLATFORM USER AGREEMENT (HEREINAFTER REFERRED TO AS “TERMS OF USE”) CAREFULLY BEFORE REGISTERING OR USING ROYAL ENFIELD REOWN PLATFORM OR SERVICES. 

 

This TERMS OF USE is an electronic record under the provisions of the Information Technology Act, 2000 (“Act“), and rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This TERMS OF USE is computer-generated and does not need any physical or digital signatures.

 

This TERMS OF USE forms a binding legal agreement between you (“You” or “Your”) and Eicher Motors Limited (known by its brand name Royal Enfield), a company incorporated in accordance with laws of India with registered office at 3rd floor, Select City Walk, A-3, District Centre, Saket, New Delhi- 110017 (each, individually a “Party” and collectively, the “Parties”) as of the date You download, access, use or browse the Platform (defined hereinafter). These TERMS OF USE shall apply to and govern Your right to use the Royal Enfield REOWN platform and services (“Platform”), as may be available in the form of desktop or mobile website hosted on various operating systems such as iOS, android and windows etc. and provided, published and maintained by Eicher Motors Limited (hereinafter referred to as “EML”, “Royal Enfield” or “RE”). These TERMS OF USE only grant specific rights to You for use of the Platform and, notwithstanding the foregoing, Royal Enfield shall remain the owner/ licensor of the Platform and related services.

 

On the Platform, Users (defined hereinafter) are provided with various service offerings pertaining to sale, exchange and purchase of motorcycle(s). Users can either sell their pre-owned motorcycles, get it exchanged against new Royal Enfield motorcycles and/or buy refurbished Royal Enfield motorcycle(s) through the Platform. The service offerings available on the Platform are provided by third party service providers, such as Royal Enfield authorised dealerships, independent buyers and third party sale facilitators (hereinafter referred to as “Third Party Service Provider(s)”). All rights and liabilities arising out of User’s use of the Platform with respect to any sale, exchange and/or purchase of motorcycle(s) facilitated by RE on the Platform shall be restricted to the scope of these TERMS OF USE.

 

You must register an account to access and use many features of the Platform, and must keep your account information accurate. You can register for the Platform on Your mobile device, desktop computer or any other electronic device compatible for running the Platform. By registering on the Platform, accessing, browsing or using the Platform, submitting an inquiry through/on the Platform, uploading motorcycle details on the Platform or making a reservation / booking through the Platform, You confirm to have read, understood and accepted the terms and conditions of these TERMS OF USE which shall be legally binding on You. 

 

If You do not agree with any of the terms set out herein, do not register an account and/or use the Platform or any of the services provided through the Platform. 

 

1. Applicability

 

(a) These TERMS OF USE apply to all the individuals, and entities represented through such individuals, who (i) have registered on the Platform, by creating a User Account, (ii) have been provided with access to the User Account, (iii) have submitted an enquiry through the Platform, and/ or (iv) have booked any of the services through the Platform (each a “User”/”You”).

 

(b) These TERMS OF USE are to be read together with all other statements, policies and, terms and conditions displayed on the Platform or website of the Third Party Service Provider(s), shared with You or advised to You at the time executing a sale, purchase or exchange pursuant to these TERMS OF USE and/or otherwise apply to the service offerings mentioned on the Platform. By implicitly or expressly accepting these TERMS OF USE, You also accept and agree to be bound by the afore-mentioned statements, policies and, terms and conditions. 

 

2. Scope

 

(a) User acknowledges and agrees that under all circumstances, Royal Enfield is acting as an intermediary / aggregator/ facilitator solely to assist the User in using the Platform for availing various service offering(s) related to sale, exchange and purchase of pre-owned motorcycles. 

 

(b) Sale

 

(i) As a registered seller, You are allowed to submit enquiries for offering motorcycle(s) for sale on the Platform in accordance with the applicable policies which are incorporated by way of reference in these TERMS OF USE. You must be legally competent to sell the motorcycle(s) you offer for sale on the Platform. You must ensure that the offered motorcycles do not infringe upon the intellectual property, trade secret, other proprietary rights, rights of publicity or privacy rights of third parties. Sell/exchange form may only include text descriptions, graphics and pictures that describe Your motorcycle for sale.

 

(ii) Price indicator feature provides the price for informative purposes only and the actual price of the motorcycle might vary depending on the motorcycle and market conditions subject to physical inspection by the buyer/ Third Party Service Provider(s).

 

(iii) Evaluation & Pricing

 

• As a pre-condition for confirming the price quote and extending an offer for purchase of Your motorcycle(s), a physical inspection shall be conducted by the Third Party Service Provider(s) and based on the inspection a final price will be communicated to You. 

• Inspection of the motorcycles is done by a third party and based on the inspection, a guideline price is offered to the User. 

• The final price offered for Your motorcycle may change based on the physical inspection conducted by the Third Party Service Provider(s)  at the time of pick-up.

• User shall be solely responsible for any misleading information provided about the motorcycle, at the time of inspection. 

 

(iv) While submitting the sell/exchange/enquiry form, offering Your motorcycles for sale/exchange or selling/exchanging the same through the Platform, You must ensure that the motorcycle is free of all the encumbrances, no misleading information is provided by You to the Third Party Service Provider(s) and the relevant documents of the motorcycle are clear and complete. If found otherwise, and subject to Third Party Service Provider’s sole discretion, the Third Party Service Provider shall either withdraw the offer to purchase or make the payment with respect to such motorcycle after deducting all the expenses as per the applicable terms and conditions.

 

(v) Users shall submit all requisite documents including but not limited to forms, consents, permissions and any other documents required for executing sale and the transfer of ownership of the motorcycle, as may be required by Royal Enfield, the Third Party Service Provider(s) or applicable laws.

 

(vi) You acknowledge, understand and agree that Royal Enfield does not guarantee any sale against the enquiry. Royal Enfield will, however, ensure that Users receive a price quote/offer within the stipulated timeline.

 

(vii) When You accept a price offered by any Third Party Service Provider, with respect to the motorcycle offered for sale/exchange by You, through the Platform, You acknowledge, understand and agree that You are entering into a contract directly with the respective Third Party Service Provider who has offered such price. Royal Enfield is not and does not become a party to or a participant in any contractual relationship between You and the Third Party Service Provider(s).

 

(viii) Motorcycle Condition and Pick up

 

• Third Party Service Provider(s) will verify the motorcycle condition before pick-up, and based on the physical verification of such motorcycle, has the right to revisit the offered price or withdraw the offer to purchase in case of any discrepancy. 

 

(c) Exchange

 

(i) Exchange journey for the User shall be same as that of the sale journey till the point where the price offered by a Third Party Service Provider, for the motorcycle, is accepted by the User. 

 

(ii) Once the offer price is accepted, 

 

• In case of exchange of a pre-owned RE motorcycle, the sale proceeds are directly paid to the User, by the Third Party Service Provider.

• In case of exchange of a pre-owned non-RE motorcycle, the sale proceeds are directly paid to the Third Party Service Provider of User’s choice from whom the User accepts to buy the new (fresh) RE motorcycle and an exchange coupon of same value is issued to the User (for using at the time of executing purchase of the new RE motorcycle).

 

(iii) Exchange benefits/coupons may not be applicable for all products on the Platform or at RE dealerships. 

 

(iv) The exchange coupons are non-transferable and will only be valid if the same User who has sold a pre-owned RE motorcycle through the Platform uses it for purchasing a new RE motorcycle. For the purposes of verifying the identity of the User, his/her phone number will be checked i.e. the phone number used by the User needs to be the same for both sale and purchase. 

 

(v) Royal Enfield reserves the right to cancel any order placed using exchange coupons. Your order may be cancelled for various reasons including, without limitation, due to misuse of any exchange coupons, unauthorized usage of coupon codes or inaccuracies of coupon code pricing, technical glitches and value thresholds. The discount amount will not be refunded in such cases.

 

(vi) The exchange coupons are property of Royal Enfield, and are neither redeemable for cash or credit, nor can be exchanged for any other coupon.

 

(vii) Until and unless specified otherwise, two or more offers cannot be clubbed together.

 

(viii) All offers are subject to applicable offer terms, including time validity.

 

(d) Purchase

 

(i) Users can browse, find, compare and evaluate various motorcycle(s) listed on the Platform for sale. When a User makes a test ride booking with respect to a motorcycle 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 motorcycle for sale. Royal Enfield is not and does not become a party to or a participant in any contractual relationship between User(s) and the Third Party Service Provider(s). 

 

(ii) Repair & Refurbishment

 

• Third Party Service Providers are responsible for repairing the motorcycle(s) listed for sale on the Platform and will only replace the spare parts, if required, with RE genuine spare parts.

• Royal Enfield does not guarantee the condition of any additional accessory fixed in the motorcycle.

 

(iii) Users acknowledge and agree that Royal Enfield and/or Third Party Service Provider(s) are not liable to provide HSRP plates to You, as Third Party Service Provider(s) procure and sell second hand two wheelers to the end customer or buyer, and Royal Enfield or Third Party Service Provider(s) do not change or alter the number plates of the motorcycles.

 

(iv) Users are advised to verify the documents and motorcycle’s condition while booking and at the time of delivery.

 

(v) Users agree, understand and accept that Royal Enfield is assisting and facilitating in the sale of the motorcycle from the seller to the buyer, in whose name the Registration Certificate of the motorcycle would get transferred from the name of the seller, upon the filing and completion of the requisite forms relating thereto with the statutory authorities, under applicable laws, by the buyer.

 

(vi) Finance

 

• Finance option is only available for eligible motorcycles/buyers/customers/Users;

• It is financing service provider’s discretion to approve or reject a customer based on the details furnished by the customer at the time of booking;

• Royal Enfield will not influence or guarantee a customer/User for financing a motorcycle. 

 

(vii) Test Ride

 

• Test ride of a motorcycle is subject to availability on the particular slot at the store of the Third Party Service Provider(s).

• It shall be Third Party Service Provider’s discretion to accept or reject the online test ride request, and/or to accept/provide home test ride as well, subject to availability.

• It is the User’s responsibility to furnish a valid driving license to avail test ride, failure to do so will result in rejection of test ride.

 

• It is the User’s responsibility to follow the traffic rules during the test ride of a motorcycle. 

• Any mishap during the test ride shall be borne by the User himself for all the customer(s)/third party(ies) and motorcycle(s).

 

(viii) Delivery & Return

 

• Users/buyers are required to make full payment within seven (07) days from the date of booking, and in case of finance process, the balance payment shall be made within fourteen (14) days. 

• Delivery at User location is an additional service subject to confirmation by the Third Party Service Provider and shall be provided at an additional charges (as may be applicable).

• Seven (07) days return policy: User(s) may, subject to the applicable terms and conditions, return the motorcycle within seven days of purchase. This return policy is only valid for seven days or 200KM, whichever is earlier. Only the Users, being the buyers, who have purchased the motorcycle on cash mode are eligible for the return program.

• The seven days return policy is not applicable for finance cases i.e. motorcycles purchased using the finance option. The policy is also not applicable if the motorcycle is not in the same condition in which it was handed over to the User at the time of purchase, including without limitation, if any changes are made to the motorcycle, if there is a litigation on the motorcycle during the seven days, if the motorcycle met with an accident or if there is any potential damage to the motorcycle etc.

• Return and refund shall be subject to User, being the buyer, complying with the applicable policies.

• If a User requests for the return of the motorcycle, the logistic costs as mentioned in the applicable terms and conditions will be borne by the User.

• Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

• RE or Third Party Service Provider may also request You for additional documents for verification.

• Refund shall be conditional and shall be with recourse available to Royal Enfield or the Third Party Service Provider(s) in case of any misuse by the User.

• All the refunds, if any, will be made via electronic payment transfers only.

 

(ix) Warranty

 

• Royal Enfield warranty and free service is provided by RE at additional cost (which is included in the sale price), and is applicable across pan India at any authorized RE service centre.

• Royal Enfield warranty and free service with respect to pre-owned RE motorcycles is subject to the aging of the motorcycle and may not be applicable for all the models and/or motorcycles (based on their year of manufacturing). Users shall be responsible for checking the details of applicable warranty on their motorcycle at the time of purchase, at the Third Party Service Provider’s store (RE dealership).

 

(e) Communication

 

You agree to receive communications from Royal Enfield regarding:

 

(i) information relating to transactions recorded on the Website.

 

(ii) Requests for payment.

 

(iii) Information about the Company and the Services

 

(iv) Promotional offers and services from the Company and its third party partners, and

 

(v)any other matter in relation to the Services.

 

(f) RTO & Name Transfer

 

(i) It is the User’s responsibility, as seller, to furnish the required RTO documents and to support the Third Party Service Provider(s) or their agent(s) to facilitate the name transfer at RTO authority, as applicable: 

 

• FORM 29 [See rule 55(1)] 

• NOTICE OF TRANSFER OF OWNERSHIP OF A MOTOR VEHICLEFORM 30[See rule 55 (2) and (3) ] 

• Report of Transfer of Ownership of a Motor Vehicle

• FORM 35 [Refer Rule 61(1)] FORM 35

• NOTICE OF TERMINATION OF AGREEMENT OF HIRE-PURCHASE/ LEASE/ HYPOTHECATION

 

(ii) Delivery receipt and sale deed are to be signed by the User, being the seller, to confirm the sale of the motorcycle.

 

(iii) It is User’s responsibility, as a buyer, to furnish the required RTO documents: 

 

• Income-tax Rules, 1962

• FORM NO. 60 [See second proviso to rule 114B]

 

(iv) Delivery receipt and sale deed are to be signed by the User, being the buyer, to confirm the sale of the motorcycle.

 

(g) 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/products provided by any person or entity including Third Party Service Provider(s) and/or similar agency, User may transact with pursuant to the content available on the Platform.

 

(h) As the provider of the Platform, Royal Enfield does not own, control, offer or manage any product/motorcycle listings. Royal Enfield is not a party to the contracts entered into directly between the Users and Third Party Service Provider(s), and other buyer(s). Royal Enfield is not acting as an agent in any capacity for any User, seller, Third Party Service Provider or buyer.

 

3. User Account

 

(a) In order to access and use various 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) provide his/her phone number and the OTP for verifying the given phone number. 

 

(b) 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). 

 

(c) 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.

 

4. Services, Features and Functionalities available on the Platform

 

The service offerings and the features/ functionalities 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. 

 

5. Use of Platform

 

(a) 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. 

 

(b) Use of the Platform is not available to persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872, including, without limitation, minors [individual under the age of eighteen (18) years] or undischarged insolvent, and Users suspended or removed from the Platform by Royal Enfield for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not register on the Platform, transact on or use the Platform. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the services or doing the transactions as contemplated in these TERMS OF USE under the laws as applicable in India. Royal Enfield reserves the right to terminate Your registration and/or refuse You access to the Platform if it is brought to Royal Enfield’s notice or is discovered that You are under the age of 18 years or otherwise incompetent to contract. If You register as a business entity, You represent that You are duly authorised by the business entity to accept the TERMS OF USE and You have the authority to bind the business entity to the TERMS OF USE. 

 

(c) 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). 

 

(d) 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.

 

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

 

(i) he/she has the legal authority and capacity 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, transact on or use the Platform;

 

(ii) he/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) and/or execute legitimate transactions with respect to the service offering(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 transactions/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 uploading any data, making booking(s), and/or executing any transaction in furtherance to the service offerings; 

 

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

 

(vi)  he/she will not make use of the Platform by providing incorrect or false information and/or impersonate another person;

 

(vii) he/she agrees that Royal Enfield does not directly/indirectly provide any of the services as are listed or available through the Platform. For of the listed service offering(s), the Platform facilitates the User in transacting with various Third Party Service Provider(s) and, Royal Enfield does not provide, own or control any of the services offered by such Third Party Service Provider(s) on the Platform; 

 

(viii) the Third Party Service Providers’ terms and conditions for the services offered by them on the Platform apply to User’s booking(s) or other transaction with them, so User must 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 services offered by such Third Party Service Provider(s). User agrees that Royal Enfield has no control over the services offered by the Third Party Service Provider(s) on the Platform.

 

(f) 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.

 

6. Suspension or termination of the use of the Platform

 

(a) 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; 

 

(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, paedophilic, libellous, 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.

 

(b) 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.

 

7. Temporary suspension of the access to the Platform or Service(s) listed therein

 

(a) 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 accessibility or usage 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, 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 accessibility of the Platform for legal, security, operational or technical reasons. 

 

8. Third Party Services/ Components

 

(a) Users will be accessing or using third party services/ components through the Platform. All the services offered on the Platform are provided by Third Party Service Provider(s). The User shall consent to the terms of these TERMS OF USE and any other terms, conditions, rules and guidelines applicable to such service(s), which are made available the Third Party Service Provider(s). In the event of any 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 third party services, the Other Terms shall prevail but only to the extent of such inconsistency. 

 

(b) If the Third Party Service Provider(s) refuses to provide service(s) and/or cancels the booking(s) for any reasons whatsoever, Royal Enfield shall not be liable for such refusal of service or cancellation. User agrees that refund, if any, for such services, will be processed by the Third Party Service Provider directly to the User. 

 

(c) Royal Enfield may change or discontinue listing of a specific service(s) on the Platform, at any time without notification and without incurring any liability to the User, if the Third Party Service Provider(s) changes or discontinues provision of such service(s).

 

(d) By accepting these TERMS OF USE, the User consents to receive notifications from Royal Enfield and/or the Third Party Service Provider(s). This service enables the User to be kept up-to-date on any topic pertaining to the Platform or its services. 

 

9. Payment 

 

(a) The Platform does not support or provide for any payment facility. 

 

(b) Royal Enfield does not charge any fees or commission for usage of the Platform, including submission of enquiries and booking a test ride etc. Users and the relevant Third Party Service Provider(s) shall directly transact with each other in case any payment is required to be made pursuant to any service offering(s) that was listed on and initiated through the Platform. 

 

(c) Royal Enfield does not endorse, represent, validate or confirm the prices published/indicated on the Platform and the Users are advised to validate the same before executing any transaction with any Third Party service Provider. 

 

(d) Users acknowledge and agree that Royal Enfield is not a party to any transaction between the Users and the Third Party Service Provider(s) and as such, cannot be made liable for any failure, dispute or miscommunication in this respect. 

 

(e) In case of a sale and/or exchange of a pre-owned RE motorcycle, the sale proceeds of a motorcycle shall be paid by the Third Party Service Provider directly to the User. Further in case of purchase of fresh RE motorcycle(s), the relevant purchase price shall be paid by the User directly to the Third Party Service Provider. In case of exchange of a pre-owned non-RE motorcycle, the sale proceeds from the pre-owned motorcycle shall be received and adjusted by the Third Party Service Provider (who is selling such fresh RE motorcycle) against the price of the fresh RE motorcycle. 

 

10. Cancellation and Refund

 

(a) Before opting for any service offering on/through the Platform, the User is advised to enquire about, read and understand the cancellation policy applicable to such service(s). 

 

(b) The Third Party Service Provider(s) reserve(s) the right to cancel and refund the booking amount at its sole discretion.

 

(c) Booking is subject to availability of a particular motorcycle at the time of booking, at Third Party Service Provider’s store (RE dealership).

 

(d) User may cancel the motorcycle booking within seven (07) days. Booking cancellation does not attract any penalty or have a limitation. The booking cancellation needs to be communicated to the relevant Third Party Service Provider from whom the motorcycle has been booked. 

 

(e) As the Platform does not support any purchase or booking, there is no facility to cancel booking through the Platform either.  Users will have to approach the relevant Third Party Service Provider for cancelling any booking. Any cancellation request received after the stipulated time period will lead to levy of cancellation charges or denial of cancellation request, at the relevant Third Party Service Provider’s sole discretion.

 

(f) User hereby confirms and agrees not to hold Royal Enfield liable, to pay any refunds or otherwise.

 

11. Disclaimer of Warranty

 

(a) Royal Enfield does not endorse, warrant or is responsible for the existence, conduct, performance, safety, quality, legality, suitability, correctness or authenticity of any listings containing details of the service(s) or product(s) on the Platform, Third Party Service Provider, and/or any information provided by the Third Party Service Provider. 

 

(b) Further, Royal Enfield does not conduct any verification, identity or background checks of the User or any information provided by the User. 

 

(c) You acknowledge and agree that Royal Enfield is not liable or responsible for any inspection conducted by any Third Party Service Provider, at Your premises or any other location, pursuant to Your request on the Platform.

 

(d) 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. 

 

(e) 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.

 

(f) 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.

 

(g) 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.

 

(h) 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)/product(s) that don’t meet quality and eligibility criteria.

 

(i) 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. User’s Responsibility

 

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

 

(b) User agrees that he/she will present to the Third Party Service Provider all valid documents viz. identity proof, address proof, registration certificate or any other document as specified by the Third Party Service Provider(s) in order to avail the service offerings such as sale of pre-owned motorcycles, exchange of pre-owned motorcycles with new Royal Enfield motorcycles, and purchase of refurbished Royal Enfield motorcycles.

 

(c) The User acknowledges and agrees that he/she is responsible for his/her own acts and omissions and is also responsible for his/her interaction and dealings with the Third Party Service Provider(s). For example, this means: (i) User is responsible for paying all damage claim amounts necessary to cover damage that the User causes 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.

 

(d) The User acknowledges and agrees that he or she shall be solely responsible for all activities relating to his or her User Account. 

 

(e) The User must maintain the confidentiality of his or her 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 User Account, he or she must immediately notify Royal Enfield. 

 

(f) User must immediately notify Royal Enfield of any unauthorized use of their User 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, appointments or instructions and data transmissions, relying on which Royal Enfield, or Third Party Service Provider(s), take further action, execute or perform. 

 

(g) The User shall not use the Personal Data of any third party and shall be solely liable and responsible for any loss arising from a breach of this Clause 12. 

 

(h) 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. 

 

13. Restrictions/ Prohibitions

 

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

 

(b) 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 Platform or the service(s) listed thereon for or in connection with any illegal purpose or activity. 

 

(c) 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. 

 

(d) 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. 

 

(e) 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 through it. 

 

(f) 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. 

 

(g) User shall not by himself/herself or enable others to, copy, 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.

 

14. User’s Personal Data

 

(a) 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). 

 

(b) 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 Third Party Service Provider(s), Royal Enfield’s affiliates, service providers or partners, irrespective of their geographical location, for the purpose of providing services (including services/products listed on the Platform) to the User. 

 

(c) In case User uses the Platform and make booking(s) for any test ride(s)/service(s) offered by any Third Party Service Provider(s) or uploads content/ submits enquiries in relation to the product(s) to be sold by the User(s), he/she agrees and consents to Royal Enfield collecting his/her Personal Data and transferring the same to Third Party Service Provider(s), Royal Enfield’s affiliates, service providers or partners, irrespective of their geographical location, for the purpose of providing services (including services/products listed on the Platform) to the User.

 

(d) Certain product(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 product(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. 

 

(e) 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.

 

(f) 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 his/her booking(s)/enquiry(ies) made with respect to the service(s)/product(s) offered by the Third Party Service Provider(s) on the Platform and to keep the User informed about the price quotes, booking confirmation(s)/cancellation(s)/modification(s) that 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)/enquiry(ies);

 

(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 or Third Party Service Provider(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).

 

(g) Royal Enfield may provide Personal Data to a Third Party Service Provider of a service/product 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 Third Party Service Provider to use User’s Personal Data for any other purpose(s) except as may be required to fulfill their part of service/transaction. However, how the said Third Party Service Provider(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 whose services/products he/she chooses to avail or purchase.

(h) 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. 

 

(i) User agrees that Royal Enfield, or any party in possession of his/her Personal Data under the terms hereof, may disclose such 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. 

 

(j) 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/product listed on the Platform).

 

15. 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.

 

16. Intellectual Property Rights

 

(a) 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 or any other third party) are owned by Royal Enfield. 

 

(b) 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 or any other third party) 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.

 

(c) 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. 

 

(d) 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. 

 

(e) 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, perpetual and transferable right to reproduce this content and make it available on the Platform, including the right to use (in whole or in part) this content, for promotional purposes and other services in connection with the Platform.

 

17. Third Party Damages

 

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

 

18. 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, whether direct, indirect or consequential, howsoever caused to, or suffered by Royal Enfield (and/or its affiliates and their respective officers, directors, lawful successors, assigns and any third party), and whether arising in contract, tort (including negligence), breach of statutory duty, warranty or otherwise, 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/service offerings 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, 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, (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, and/or (viii) User’s interaction, virtual, oral or physical, with any Third Party Service Provider.. 

 

19. Limitation of Liability

 

(a) 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 or availing any service(s) or product(s) listed thereon. User acknowledges and agrees that Royal Enfield is not liable for any inspection conducted by any Third Party Service Provider, at User’s premises or any other location, pursuant to User’s request on the Platform, in furtherance to any sale (‘Buy’) offering/listing.

 

(b) 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 in such cases is limited to providing the User with a confirmation of the service(s)/enquiries submitted or booked by the User. 

 

(c) 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) or other buyers.

 

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

 

(d) Any issues or concerns faced by the User at the time of availing any of the service offering(s) on the Platform or third party provided service(s) shall be the sole responsibility of the respective Third Party Service Provider(s) who had offered 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) or product(s) provided to the User by a Third Party Service Provider. If any dispute arises between the User and a Third Party Service Provider, such 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.

 

(e) 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 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 availed, test rides booked, and/or products purchased or sold through 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.

 

(f) 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 availed, test rides booked, and/or products purchased or sold through 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/-).

 

(g) 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. 

 

20. Governing Law; Jurisdiction

 

(a) 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.

 

(b) 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. 

 

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

 

21. Changes to these TERMS OF USE

 

(a) 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 on the Platform. 

 

(b) The User acknowledges that by following the procedure set out herein above, Royal Enfield would be deemed to have provided the User with sufficient notice of the modification to these TERMS 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.

 

22. Miscellaneous

 

(a) 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.

 

(b) 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. 

 

(c) 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.

 

(d) 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. 

 

(e) 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

Email Address: ayush@royalenfield.com

 

(f) 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 provided by the User during the booking/enquiry submission 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).