PLEASE READ THIS ROYAL ENFIELD MOTOVERSE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS "TERMS & CONDITIONS") CAREFULLY BEFORE REGISTERING, PURCHASING MOTOVERSE TICKET OR ATTENDING ROYAL ENFIELD MOTOVERSE EVENT.
This TERMS & CONDITIONS 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 & CONDITIONS is computer-generated and does not need any physical or digital signatures.
These TERMS & CONDITIONS form a binding legal agreement between you or the holder of the Motoverse ticket ("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 access, use or browse the Royal Enfield website, register for Motoverse (hereinafter defined), purchase the Motoverse ticket or attend the Motoverse event. These TERMS & CONDITIONS shall apply to and govern Your rights and obligations pertaining to attending the annual event ("Motoverse") organised by Eicher Motors Limited (hereinafter referred to as "EML", "Royal Enfield", "Us" or "RE").
You must register an account in order to purchase the Motoverse ticket, and must keep your account information accurate. You can register on Your mobile device, desktop computer or any other electronic device compatible for running the Royal Enfield website or other channels/platforms through which registration and ticket purchase facility has been enabled by Royal Enfield. By registering, purchasing the Motoverse ticket, having possession of the Motoverse ticket or attending the Motoverse event, You confirm to have read, understood and accepted the terms and conditions of these TERMS & CONDITIONS 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, purchase the Motoverse ticket and/or attend the Motoverse event.
1. Applicability
(a) These TERMS & CONDITIONS apply to all the individuals who (i) have registered for Motoverse, by creating a user account, (ii) have purchased or paid for the Motoverse ticket, (iii) have been invited as group member(s) by the account holder/ ticket purchaser, in case of group registrations, (iv) have been provided with access to the user account on the Royal Enfield website, (v) are the holders of the Motoverse ticket, and/ or (v) attend the Motoverse event (each a "User"/"You").
(b) 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 & CONDITIONS under the laws as applicable in India or any other applicable law. Royal Enfield reserves the right to terminate Your registration and/or refuse You access to Motoverse 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 and do not fulfil the criteria mentioned in these TERMS & CONDITIONS for such underage individuals.
(c) These TERMS & CONDITIONS are to be read together with all other statements, policies and/or directives shown on the Motoverse ticket, displayed and/or advised at the Motoverse premises, and/or otherwise apply to the individuals attending the Motoverse event. By implicitly or expressly accepting these TERMS & CONDITIONS, You also accept and agree to be bound by the afore-mentioned statements, policies and, directives.
(d) Motoverse is suitable for young children and families. All children are permitted to attend. However, all children under the age of 18 must be accompanied by an adult over the age of 18.
(e) When You buy a ticket for another person, You undertake that before the start of Motoverse event You will make that person (or their parent or guardian, in the case of a minor) aware of these TERMS & CONDITIONS and the fact that by attending the Motoverse event they accept these TERMS & CONDITIONS and agree to abide by the same.
2. Use of Royal Enfield Website or Other Registration/Payment Channels/Platforms
(a) By checking the box that says 'I accept the TERMS AND CONDITIONS as well as PRIVACY POLICY’ at the end of the registration page on the Royal Enfield website, the User agrees to be bound by and comply with these TERMS & CONDITIONS and all other terms and conditions which are incorporated herein by reference, including the Terms and Conditions.
(b) If the registration or ticket purchase is done through Whatsapp or any other channel/platform through which registration and ticket purchase facility has been enabled by Royal Enfield, by submitting the details sought from the User, the User agrees to be bound by and comply with these TERMS & CONDITIONS and all other terms and conditions which are incorporated herein by reference, including the third party terms and conditions applicable to the payment transaction.
(c) For accessing and/or using the Royal Enfield website and for registering for Motoverse, 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.
(d) The User must not use the Royal Enfield website or the registration facility provided therein, or other channels/platforms through which registration and ticket purchase facility has been enabled by Royal Enfield, in any unlawful/ illegal manner or for unlawful purpose, or in any manner inconsistent with these TERMS & CONDITIONS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Royal Enfield website, any related service or any operating system.
3. Registration
(a) Children under the age of 13 do not need to register/purchase ticket for Motoverse, however, they can attend Motoverse only if accompanied by an adult (over the age of 18).
(b) Registrations once confirmed, will not be refunded in the event individuals do not attend Motoverse for any reason whatsoever.
4. Payment
All fees for purchasing the Motoverse ticket may be paid by using the payment gateways within the Royal Enfield website or any other channels/platforms through which ticket purchase facility has been made available by Royal Enfield for this purpose. However, any liability with respect to a failed or incorrect transaction shall be of the User, payment gateway service provider and/or the processing banks, as the case may be. Royal Enfield does not collect or process any transactional data with respect to the payments made for purchasing the Motoverse tickets. Users must go through the applicable terms and conditions of the payment gateway service provider, processing banks, credit/debit card issuers, and network service providers before making any payment.
5. Ticket
(a) Tickets for Motoverse is only available on Royal Enfield’s platforms, including its website and Whatsapp channel. Tickets purchased from unauthorized sales channels (e.g. event aggregator platforms, resale sites) or third parties may be forged, and in this case would not be honored or eligible for a refund. If You do choose to purchase from a third party, You assume full responsibility for ensuring Your ticket is valid.
(b) You warrant that the tickets are purchased for personal and private use.
(c) Once You purchase a ticket, Royal Enfield will send a confirmation e-mail to the following individuals:
(i) You, in case of purchase of a single ticket for personal use; and
(ii) You and all Your group members, in case of purchase of tickets for a group of individuals.
(d) You are advised to keep your tickets safe, as no duplicate tickets shall be issued under any circumstances including for loss or theft of tickets.
(e) Tickets are non-returnable. Royal Enfield shall not be liable to refund any unused tickets.
(f) Tickets are non-transferrable.
(g) Tickets are considered forfeited if not used/redeemed at the event they were purchased for.
6. Cancellation; Refund
(a) In the event of cancellation of Motoverse by Royal Enfield, no refunds will be provided to the Users/ticket holders.
(b) You understand, acknowledge and agree that the names of any artist, act or performer contained in any Motoverse promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice. You understand that the artists and/or line up for the Motoverse event may be changed or cancelled and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your ticket.
7. Your Representations and Warranties
(a) 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 & CONDITIONS. If the User is a minor or is below the age of 18 years, User shall not access the Royal Enfield website or any other channels/platforms through which registration and/or ticket purchase facility has been made available by Royal Enfield, and shall not transact on or use such website/platform;
(ii) he/she will use the Royal Enfield website, register for Motoverse and attend Motoverse in accordance with these TERMS & CONDITIONS;
(iii) he/she will use the Royal Enfield platforms (website as well as Whatsapp channel) to make only legitimate booking(s)/registration(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 & CONDITIONS that apply to the registration(s) 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), e-mail address, phone number and other details as may be necessary for registration(s) and purchasing the Motoverse ticket;
(v) all the information provided by the User, on the registration page, 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; and
(vi) He/she will not make use of the registration facility on the Royal Enfield platforms (website as well as Whatsapp channel) by providing incorrect or false information and/or impersonate another person.
(b) In the event of unauthorized use of the registration facility, Royal Enfield reserves the right to revoke, suspend or terminate User’s access to the Royal Enfield website, Royal Enfield Whatsapp channel and cancel the Motoverse ticket purchased. 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.
8. At Motoverse
(c) You and/or all the Users, who wish to attend the Motoverse event, must produce a copy of the confirmation e-mail (referred in para 3 above) highlighting their registration number, along with a government ID proof, at the time of entering the Motoverse venue. No one shall be allowed to enter the event venue without the requisite details and documents, as referred above.
(d) Anyone caught forging entry tickets, confirmation e-mails, registration numbers or any other document in order to access the Motoverse event or sell such tickets for Motoverse, will be prosecuted without exception.
(e) All persons entering the festival site may be searched as a condition of entry.
(f) Royal Enfield reserves the right at its sole discretion to refuse admission and to remove any holder of Motoverse ticket from the premises (without refund of any money or damages), who does not comply with the rules of the event or these TERMS & CONDITIONS or if in the reasonable opinion of Royal Enfield or their representatives, admission of the holder might be a risk to the safety of the audience and/or the holder and/or affect the enjoyment of the audience and/or the running of the event, or if the holder is a nuisance to the other guests or has in his or her possession any prohibited or illegal substances which include without limitation chemicals of any kind, narcotic drugs, laser pens, weapons or offensive material of any kind or animals.
(g) Illegal substances are strictly prohibited at the event site. Possession of them may lead to rejection of Your entry into the event site and/or Your ejection from the event, and invite police intervention. Private sound systems, glass, fireworks or any other items which the organisers deem unsuitable or inappropriate for the safety of the guests and the event will not be permitted into the Motoverse site.
(h) Royal Enfield shall not be liable for any confiscated items – please inquire with Us before You bring anything You feel may be confiscated.
(i) To ensure the safety of all Motoverse attendees, access to the event sites will be refused to, but not limited to, people who:
(i) are under the influence of illegal drugs or any other illegal substances;
(ii) are clearly suffering from alcohol or other substance intoxication;
(iii) have been previously banned from festivals and/or other events by the organizer, the administration or legal authorities;
(iv) are demonstrating an intent to disturb the peace or to provoke someone else to do so;
(v) engage in fighting or any disruptive behaviour; or
(vi) resist the direction of and searches by Motoverse’s security guards.
(j) Further, for safety reasons, Royal Enfield reserves the right to, without any prior notice or compensation to You: (i) postpone, cancel, interrupt or stop the Motoverse event; (ii) totally or partially vacate the Motoverse site; and (iii) deny access to the Motoverse site regardless of the possession of a ticket.
(k) At Motoverse, it is forbidden to try to access sections restricted to artists or Motoverse staff/crew – such as production rooms, green rooms, press rooms, offices, backstage and working areas – unless in accordance with Your ticket or credentials. Trying to access these areas may result in Your removal from Motoverse event and/or exclusion from future events.
(l) At Motoverse, it is forbidden to obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting Motoverse site. It is also forbidden to deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations or part of the Motoverse site. Engaging in such behavior may result in Your removal from the event and/or exclusion from future events.
(m) Motoverse merchandise will be available for sale inside the festival site.
9. Parking at the Event Venue
(a) Users/Motoverse attendees are advised to use the official sites for parking at the Motoverse venue. However, all vehicles (and their contents) parked within any parking operated by Royal Enfield, or its vendors, are left at their owner’s sole risk. Royal Enfield shall not be liable for any loss, theft or damage suffered by owners arising from their use of any parking at the Motoverse site. Royal Enfield reserves the right to move any vehicle it deems necessary due to logistics convenience, safety or similar reasons.
(b) All vehicles parked at the official sites for parking at the Motoverse venue need to be removed from the site before 11 pm each day of the event. Any vehicle not cleared of or removed by the given timings may be towed away by the officials at the event or the traffic management agencies. The vehicle owner will be solely liable to get the car released from the agencies.
(c) Royal Enfield strongly advises that for Your own safety and convenience You do not park in unofficial sites or outside the Motoverse site.
10. Medical Care
(a) In the event of a medical emergency, You hereby consent to medical care and transportation at Your cost in order to obtain treatment that is deemed reasonably appropriate or necessary in the reasonable discretion of the Motoverse/Royal Enfield staff, security, police or medical professionals.
(b) You hereby agree to release and not hold Royal Enfield responsible for any liability arising out of, or in connection with, the actions or omissions of Royale Enfield related to Your medical care. You understand that this waiver extends to any liability that arises out of, or is in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
(c) You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated.
(d) By entering the Motoverse site, you voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity that may be sustained as a result of attendance at the Motoverse event or while on the premises, whether or not caused by the negligence or gross negligence of Royal Enfield or event organisers.
11. Photography/ Videography
(a) By attending Motoverse and events organised by Royal Enfield, You consent to being filmed and or photographed, whereas Your image, voice, and likeness may be used by Royal Enfield for promotional purposes.
(b) Any photography or video taken at these events, whether in digital or analog format, is subject to a mandatory, non-exclusive license to Royal Enfield for use in promotional materials/purposes. Any artwork or performances sponsored by Royal Enfield or taking place on Motoverse grounds is also subject to a mandatory, non-exclusive license to Royal Enfield for use in promotional materials/purposes. The footage containing Your image, voice or likeness ("Footage") may also be used by or on behalf of Royal Enfield or any of the Royal Enfield subsidiaries, affiliates, partners, sponsors, officers, service providers, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may also be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
(c) All photographers using professional equipment (i.e. DSLR / anything with a detachable lenses) are required to have media credentials to take pictures or video at Motoverse.
(d) Motoverse attendees may take photos and shoot video for personal, non-commercial use, with personal cameras (excluding SLR/DSLRs) as long as they are not standing in the press area, obstructing views, using any sort of device like a tripod or selfie-stick. Any recordings made by a User on or near the Motoverse site may not be used for commercial or public purposes, unless pre-approved by Royal Enfield in writing.
(e) Drone use at the Motoverse site is prohibited without specific written permission from Royal Enfield. Please keep them packed away, if Royal Enfield personnel see You using it, they may confiscate it and hold it for the remainder of the Motoverse event.
(f) Unauthorized photography or audio/video recording of any performance at Motoverse is strictly prohibited.
12. Your Responsibility
(a) User agrees to comply with these TERMS & CONDITIONS, along with any other policy or advisory as may be applicable to the attendees of Motoverse event.
(b) User further agrees that he/she, along with the people on whose behalf he/she may have made registration(s), may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before entering the Motoverse venue.
(c) 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 on whose behalf he/she may have made registration(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 Royale Enfield or any other party, at the event venue, and (ii) User must act with integrity, treat others with respect and comply with applicable laws at all times.
(d) If the User is registering for an additional guest who is a minor or if the User brings a minor to the Motoverse event, User must be legally authorized to act on behalf of the minor and User is solely responsible for the supervision of that minor.
(e) 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.
(f) 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.
(g) The User shall be solely liable and responsible for any loss arising from a breach of this Clause 12.
(h) User shall be responsible to keep the Motoverse site clean. The bins provided at the Motoverse venue shall be used to dispose of any waste. Lighting fire at the event site is strictly prohibited and will be extinguished. Any person causing or attempting to cause a fire will be removed from the premises and invite police intervention. Any such person attempting to cause fire or indulge into any illegal or restricted activity, shall be entirely liable for any loss or damage caused to any person or property at the Motoverse site and may also attract criminal prosecution.
(i) #LEAVEEVERYPLACEBETTER - Join Us in Royal Enfied’s campaign to leave every place better by doing Your bit by not contributing to the existing pile of single-use plastic that is discarded in tonnes every second. Carry Your own bottle for water and other pre-requisite materials required from Your end for the duration of the Motoverse event and avoid usage of single-use plastic.
13. Restrictions/ Prohibitions
(a) Resale of tickets is prohibited without the express permission of Royal Enfield. You may not re-sell or transfer this ticket if You are selling or transferring the ticket in the course of business. You are deemed to be selling or transferring in the course of business where Royal Enfield reasonably believes You to be doing so. It is strictly prohibited to attempt to re-sell the Motoverse ticket within the event site under any circumstances. Royal Enfield hereby provides instructions to identify tickets being illegally sold or re-sold or transferred to or by unauthorized agents or other third parties. Holders of such tickets, whether knowingly or not, shall be refused admittance to Motoverse or removed from the premises.
(b) User shall not use the Royal Enfield website, registration facility on the website or other channels/platforms through which registration facility has been made available by Royal Enfield, and the Motoverse ticket 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.
(c) 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 Royal Enfield website.
(d) No person shall bring into Motoverse event’s premises, or use or display around the premises (including parking) any sponsorship, promotional or marketing materials which have not been previously approved in writing by Royal Enfield. It is strictly prohibited to offer or distribute within or around the Motoverse premises any consumer articles or commercial products or services which have not been authorized by Royal Enfield.
14. Disclaimer of Warranty; Waiver
(a) You acknowledge and understand that the Motoverse ticket is a revocable license to attend Motoverse for which it was issued, and is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or central law, or that may endanger other Users or Motoverse attendees.
(b) By entering Motoverse event site/venue, You assume any and all risk and/or danger, known or unknown, foreseeable and unforeseeable, resulting from, or incidental to, Motoverse, whether occurring prior to, during, or subsequent to, the Motoverse event, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that your use of your ticket is contingent upon your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence at the Motoverse event, whether occurring prior to, during or after Motoverse, including any actions or omissions of Royal Enfield.
(c) By entering the Motoverse event site, You acknowledge and agree that You may be subject to extremely loud music and sounds, as well as special effects, including, but not limited to, laser lights, strobe lights, flashing lights, a variety of light emitting diodes ("LED"), rapidly changing or alternating images, and use of smoke, fog, and pyrotechnics at the Motoverse event.
(d) CCTV images will be monitored throughout the Motoverse site for public safety and the prevention of crime. Despite all reasonable precautions being taken unavoidable accidents can happen. Users attending the Motoverse event acknowledge that they may be exposed to possible risk of physical harm due to the nature of the event and are therefore present at their own risk. Royal Enfield excludes any liability for such injury, loss or damage and will not be liable for any injury, loss or damage to any person or any property except to the extent that any such injury, loss or damage is caused by the negligence of Royal Enfield, its employees or authorized agents. Where any User through negligence or intentional or reckless act causes damage or loss to Royal Enfield, any other guest or User or to any property at Motoverse, they will be liable to indemnify and hold Royal Enfield harmless from and against any such resulting loss or damage.
(e) In case any User/Motoverse attendee gets lost in the arena, then such person shall report to the Motoverse event registration desk. Royal Enfield/organiser staff will make reasonable efforts to help any such User/attendee.
(f) Royal Enfield reserves the right to implement any restrictions/conditions deemed necessary before and during the Motoverse event to ensure the safe management of the event site.
(g) If You have any specific 'access requirements' please email motoverse@royalenfield.com with Your requirements. However, Royal Enfield does not guarantee access to such facilities and they shall be subject to availability.
15. Force Majeure Event
(a) If Motoverse is cancelled in whole or in part due to a Force Majeure Event, You will not be entitled to a refund. Notwithstanding the foregoing, Royal Enfiled may issue, at it’s sole and absolute discretion, a partial or full refund of Your ticket, by accounting for, among other considerations, the extent and nature of the cancellation.
(b) A "Force Majeure Event" shall mean an act of God, act of terrorism, flood, hurricane, tsunami or other natural disaster, war, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Motoverse attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Royal Enfield. You understand that in all instances, the maximum remedy You may receive for the cancellation of any part of Motoverse, if any, will be the face value of Your ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your ticket.
16. User’s Personal Data
(a) For the purposes of these TERMS & CONDITIONS, "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 and transferring the same to Royal Enfield’s affiliates, service providers or partners, irrespective of their geographical location, for the purpose of providing services/facilities to the User.
(c) 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 & CONDITIONS, any reference in the Privacy Policy to Royal Enfield’s website or any other page shall include reference to the Motoverse registration page and all the related platforms, servers etc.
(d) User agrees that Royal Enfield may use his or her Personal Data (including but not limited to his or her name, 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 registration(s) made with respect to Motoverse event and to keep the User informed about the transaction status, registration confirmation(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, Motoverse event;
(iv) sending any updates or changes to User’s registration(s);
(v) planning and developing products and services, or implementing surveys, for the purpose of improving the quality of the Royal Enfield products and services;
(vi) allowing Royal Enfield’s customer service executive to contact the User, if necessary;
(vii) 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;
(viii) fulfilling or processing any request/enquiry raised by the User(s).
(e) User agrees that Royal Enfield or any of the third parties that User may interact with during the Motoverse event, may collect, maintain, process and use the User’s Personal Data and other information for provision of requested services to the User.
(f) Royal Enfield may provide Personal Data to a third party service provider for fulfilment of User’s request. 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.
(g) 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.
(h) 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.
(i) 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 Royal Enfield website or any related service (including Motoverse event entry).
17. 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, employees, the owners of the venues where the Motoverse event takes place, Motoverse sponsors, and the performing artists, including their respective management, agents, staff 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 & CONDITIONS or any other policy or terms and conditions that applies to attending the Motoverse event, (ii) any breach of any representation or warranty provided by the User, (iii) non-performance of any covenant by the User, (iv) User’s interaction with any other Motoverse attendee, or participation in any activity during the Motoverse event, 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 or participation, (v) User’s breach of any laws, regulations or third party rights such as intellectual property or privacy rights, (vi) User’s actions and omissions at, around, or while traveling to and from, the Motoverse event, whether direct, indirect or consequential, howsoever caused, and whether arising in contract, tort (including negligence), breach of statutory duty, warranty or otherwise.
18. Third Party Damages
If the registration made by the User, use of the Motoverse ticket by the User or User’s attendance at the Motoverse event, 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.
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 Royal Enfield website, Royal Enfield’s Whatsapp channel, registration for Motoverse, purchase of Motoverse ticket and/or attendance at the Motoverse event(s).
(b) Royal Enfield shall not be liable for any death, damages, loss or injuries sustained at the Motoverse event, including loss or damage to property, however caused.
(c) Any issues or concerns faced by the User at the time of availing any service(s) or purchasing any product(s) available at the Motoverse venue shall be the sole responsibility of the respective third party service provider(s) or seller(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 or seller, and Royal Enfield does not offer any warranties or make any representations, in relation to the service(s)/product(s) offered to the User by a third party service provider or seller. If any dispute arises between the User and a third party service provider or seller, the dispute shall be settled between the User and that third party service provider or seller, as the case may be, and the User shall not submit any demand, claim or complaint to or against Royal Enfield.
(d) 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, or any other commercial damages or losses, arising out of or in connection with (i) these TERMS & CONDITIONS, (ii) the registrations made using the Royal Enfield website or other channels/platforms through which registration facility has been enabled by Royal Enfield, (iii) the Motoverse event, (iv) the User’s use of or inability to use the Motoverse ticket, 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.
(e) 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 & CONDITIONS, (ii) the registrations made using the Royal Enfield website, (iii) the Motoverse event, (iv) the User’s use of or inability to use the Motoverse ticket, 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) price of the ticket paid by the User.
20. Governing Law; Jurisdiction
(a) These TERMS & CONDITIONS, User's and Royal Enfield's rights and duties hereunder, and the disputes arising out of the User’s purchase/use of the Motoverse ticket or attending the Motoverse event shall be governed by the laws of India.
(b) All disputes arising out of or in connection with these TERMS & CONDITIONS, the User’s purchase/use of the Motoverse ticket, User’s attendance at the Motoverse event, and 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 & CONDITIONS
(a) Royal Enfield may modify the terms of these TERMS & CONDITIONS and other policies applicable to the Motoverse event, 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 any updates or variations to the Motoverse event, by publishing the modified terms of these TERMS & CONDITIONS on the Royal Enfield website or other channels/platforms through which registration facility has been made available by Royal Enfield.
(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 the terms of these TERMS & CONDITIONS, 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 & CONDITIONS. By using, or continuing to use the Motoverse ticket or by attending the Motoverse event, after any modification to the terms of these TERMS & CONDITIONS, the User shall be deemed to have accepted the revised/ modified terms of these TERMS & CONDITIONS.
22. Miscellaneous
(a) Royal Enfield may perform any of its obligations, and exercise any of the rights granted to it under these TERMS & CONDITIONS, through a third party. Royal Enfield may assign any or all of its rights and obligations under these TERMS & CONDITIONS to any third party. However, User cannot assign or otherwise transfer these TERMS & CONDITIONS, or any rights granted hereunder to any third party.
(b) If any clause or part of any clause of these TERMS & CONDITIONS is found to be void, unenforceable or invalid, then it will be severed from these TERMS & CONDITIONS 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 & CONDITIONS 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 & CONDITIONS or otherwise, and includes the right to rely on this Clause.
(d) These TERMS & CONDITIONS, 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 Motoverse 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 & CONDITIONS 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 & CONDITIONS shall govern, to the extent not prohibited by local law in User’s jurisdiction.
(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 registration 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).
