Terms and Conditions
- Eligibility
- Website
- You understand that the Website is an online Website that aggregates information in relation to the Product listed on the Website at the price indicated therein at any time from any location.
- You understand that TML has a relationship with its Distributors on Principal to Principal basis, meaning thereby that there is no agency between the two. Hence, neither party shall be accountable/ responsible for any act/ omission of the other party in any circumstance whatsoever.
- You agree that TML is only a facilitator providing you the online Website to purchase the Product directly from the sellers, and has no control over your transaction with the seller.
- You acknowledge that TML is nowhere involved into the sale/ purchase transaction between you and the seller, and TML cannot be held responsible for your transactions with the sellers merely for the reason of Website been provided by TML. The contract of sale of Product on the Website shall be strictly a bipartite contract only between you and seller.
- You acknowledge that while placing an order for purchasing the Product on the Website, you will find a link to a banking partner of the sellers. After clicking on the said link you will be directed to the bank’s online payment gateway. Thereupon, you will enter into appropriate agreements with the concerned bank to effect your payments to be made directly to the concerned seller for the Product purchased. Hence, the entire transaction will be without any recourse to TML. TML does not receive any payment from you for the Product sold by the seller on the Website. TML is not in any manner liable for the transaction effected between you and the bank.
- You understand that your order placed on the Website is an offer from you made to the seller for purchasing the Product. You will receive an e-mail/ SMS confirming receipt of your order and containing the details thereof. The said e-mail/ SMS is merely an acknowledgement that the seller has received your offer/ order, and does not confirm acceptance of your offer/ order by the seller. The sellers only accept your offer, and conclude the sale of Product ordered by you, when the Product are dispatched to you and an e-mail confirmation/ SMS/ invoice is sent to you by the seller.
- You may cancel your order at no cost any time before the seller/ distributor sends the Dispatch Confirmation e-mail/ SMS/ invoice for the Product. Please check the returns and replacement policy, which applies to the products, more elaborately mentioned below.
- You shall provide TML current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Website, and to maintain and update this information as required to keep it current, complete and accurate.
- Your registration shall be complete only after the verification is carried out by TML as regards the data provided by you.
- You grant TML the right to disclose the aggregate Registration Data to third parties. Furthermore, TML may itself use your individual Registration Data to provide targeting of advertisements and other Service offers.
- You acknowledge your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website without the express consent of TML. You are entirely responsible for not maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party.
- You understand that you are responsible for all electronic communications and content sent from you to us and you must use the Website for lawful purposes only. You may post reviews, comments and other content, and send communications; and submit suggestions, ideas, comments, questions, or other information.
- You shall at all times comply with all applicable laws, rules and regulations, and you shall not allow ‘any other party to use the Website for or in connection with any illegal purpose or activity. The Website is intended to be used in India.
- You shall compensate and indemnify TML in respect of any damages suffered by us, our respective employees, officers and directors and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively ‘the Claims’) from any third party in relation to any matters arising out of/ or in any connection with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or wilful misconduct by or on behalf of you.
- Use of the Website is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Service. You shall only use the Website, when it is safe to do so. TML shall not accept any responsibility for your failure to comply with safety regulations.
- In event that, you fail to comply with the Terms and Conditions, all rights granted to you in relation to the Website shall immediately come to an end and you shall immediately discontinue the usage of Website all the related to the Website. TML, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall not be responsible in any way, in case you continue to use of the Website.
You shall not:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity,
- to host, display, upload, modify, send, use or reuse any material that
- does not belong to you; or
- is illegal (or promotes illegal activity), offensive (including but not limited to material that is sexually explicit content; or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or
- relates to or promotes money laundering or gambling; or
- is harmful to minors in any way; or impersonates another person; or
- provides instructional information about illegal activities; or
- threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or
- objectionable or otherwise unlawful in any manner whatsoever; or
- which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spamming”; or
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
- TML reserves its rights to initiate appropriate legal action in case of any unauthorised activities as mentioned above.
- Return and Replacement policy
- Pricing and Availability
- Content Regulation
- Claims against the contents posted by TML
- Copyright and other Proprietary Rights
- Trademarks
- Taxes
- Disclaimer
- Indemnity and Release
- Communications
- Losses
- Events beyond our Reasonable Control
- Jurisdiction
- Applicable Law
- Notices and Contact Information
- Grievance Officer
- Amendment to Terms
Use of the Website is restricted to only those persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors and un-discharged insolvents are not eligible to use the Website. If you are a minor i.e. under the age of eighteen years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents through the Website. We reserve the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
On your continuous compliance with and to be bound by the Terms and Conditions, we hereby grant a limited, non-exclusive, non-transferable, non-assignable access to use the Website (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access the Website for the purpose of purchasing the Product directly from the sellers.
However, you shall not download (other than page caching) or modify it, or any portion of it, except with the express written consent of TML and/ or its affiliates, as may be applicable. This also does not entitle you to resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
You understand, acknowledge and unconditionally agree that:
The sellers available at the Website fulfil, sell and ship their own inventory. The respective sellers may have different policies or requirements for accepting the return of Product. You can view the return policy of the seller before you purchase an item by viewing the Returns and Refunds Policy section of the seller profile page. You can view the return policy of your seller before you purchase an item by viewing the Returns and Refunds Policy section of the seller profile page. You cannot have any recourse to TML in case of claims regards the returns and refunds of the Product.
The sellers have themselves listed the Product along with their respective prices through a digital tool freely accessible to them. TML is not involved, as such, in the listing of Product and their prices. The sellers have offered the discounts directly without any involvement of TML. TML’s only role is to fix the Maximum Retail Price (MRP) on each of the Product, as may be visible on the Website. The sellers are prohibited from selling the Product beyond the MRP. The availability of the Product have to be ensured by the respective sellers only. TML does not guarantee the availability of the Product. The prices of the Product shown on the Website are exclusive of taxes, Product and Services Tax ("GST"), duties and cesses as applicable.
You are allow to post content or submit material on the Website. You hereby:
(a) grant TML and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant TML and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant as above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to TML, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to the App: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Website policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Tata Motors Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
The Website operates on a "notice and takedown" basis against objectionable content. If you believe that any content on the Website is objectionable under Section (6) above, please notify us immediately at [email protected]. TML reserves its right to reply to you in the matter or take appropriate action. The decision of TML shall be final and binding.
All contents included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TML, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this Website is the exclusive property of TML and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of TML, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws. You may not extract/ or re-utilise parts of the contents of the Website without TML and / or its affiliates’ (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without TML and/ or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (e.g. prices and product listings) parts of this Website without TML and/ or its affiliates’ (as may be applicable) express written consent.
TML trademarks shall mean and include all trademarks, whether registered or applied by TML, in India and/ or other jurisdictions. Tata Motors Limited’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of TML. TML’s trademarks and trade dress may not be used in connection with any product or service that is not TML's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TML. All other trademarks not owned by TML that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TML.
You shall be responsible for payment of all fees/ costs/ charges associated with the purchase of products on the Website and you agree to bear all applicable taxes, cesses etc. levied thereon. You are responsible to ensure that (if applicable) you are registered under applicable taxation laws and will update your correct tax registration details on the Website. We will not be liable in case tax credits are denied to you under taxation laws due to reasons attributable to you. You hereby acknowledge and agree that we shall not revise Invoices. You will reverse tax credit availed if any on the returned product and undertake to disclose the details of credit note while reporting for your taxes. Further, you agree to indemnify and hold harmless us for all losses, liability incurred by us on account of your action or inaction in compliance with the applicable laws.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products through the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with Tata Motors Limited, nor shall Tata Motors Limited have any obligations or liabilities in respect of any transactions on the Website.
You shall indemnify and hold harmless TML, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release TML and/ or its affiliates and/ or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/ inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
While placing an order through the Website, you will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by way of push notifications on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us and/or the distributors/ sellers with respect to your use of the Website and/ or your order placed on the Website.
TML shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. We shall also not be responsible for any downtime or if the Website is not functioning or if you are unable to access the Website for any reasons whatsoever. This condition does not affect your statutory rights.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Product sold on this Website are meant to be used only for TML vehicles and standard warranty on the respective products shall apply.
The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
You may contact us at [email protected].
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
We reserve the right to make changes to our Website, policies, and these Terms at any time. You will be subject to the policies and Terms in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. TML reserves the right to revoke/ cancel your registration if you commit a breach of these terms and conditions or any applicable law, without assigning any reason whatsoever or any notice whatsoever, at the sole discretion, without any liability at any point of time.
SCHEDULE I
Product(S) shall include the following:
(1). Annual maintenance services for the car sold on website in the name of value care plan.