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About Us
The Company is, inter alia, engaged in the business of
developing and operating the Website which will cater to all
aspects of the automotive buying and selling experience of new
and used vehicle, while integrating both digital and offline
facilities.
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Acceptance of Terms and General Use
The Website that the Company provides to a User is subject
to the following Terms of Use.
- By using this Website, You agree to comply with all of the
terms and conditions included herein. The right to use the
Website is personal to the User and is not transferable to
any other person or entity.
- The Company shall have the right at any time to change or
discontinue any aspect or feature of the Website,
including, but not limited to, content, hours of
availability, and equipment needed for access or use.
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Website as a Platform
- This Website is a platform for communication between the
Buyers, different Users and different Sellers. The Website
is only a platform that can be utilized by Users to reach
a larger base to buy and sell products. The Company is
only providing a platform for communication and it is
agreed that transactions, transaction price and all
commercial terms such as delivery, dispatch of products
are as per bipartite contractual obligations between Buyer
and Seller and payment facility available at the Website
is merely used by the Buyer and Seller to facilitate the
completion of the transaction.
- All commercial and contractual terms will be between
Sellers and Buyers alone and in case of any default in the
transaction, damage of goods, fault in the delivery etc.,
the Company will not be responsible in any manner. The
Company will not be responsible for any non-performance or
breach of contract between the Sellers and Buyers.
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Account
If You wish to use the part of the Website that requires
maintenance of a Company account (“Account ”) such as, accessing certain content or uploading content
on the Website, You will be required to furnish certain
information and details, including Your name, e-mail id, and
any other information deemed necessary by the Website (“
Account Information”). You shall be
responsible for maintaining the confidentiality and security
of the password and for all activities that occur in and
through Your Account. You shall ensure that the Account
Information is true, complete, accurate and up-to-date at
all times.
You will use the Website and create and use the Account only
if You are a natural person or where the User is a juridical
entity, then such account is created by a natural person on
behalf of such juridical entity. If You are less than 18
years of age, You will use the Website and create and use
the Account only if You have parental guidance or You
receive consent from Your legal guardian.
If You wish to terminate Your Account, You may send an
e-mail to Us at{' '}
contact@carandbike.com {' '}
requesting the same. Similarly, We may, in Our discretion,
suspend or terminate Your Account for various reasons
including, if:
- You violate any of the Account terms listed above;
- You breach any of the provisions of the Terms of Use or
other Website policies;
- There is prolonged inactivity in Your Account; and
- You repeatedly upload content that infringes other
people’s intellectual property rights or transact in goods
with no title over such goods.
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Licence
Subject to Your compliance with the Terms of Use, We grant
You a personal, non-commercial, non-exclusive,
non-transferable, revocable, limited licence to enter and
use the Materials (as defined below) and the Website.
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Prohibited Use
The Website may be used only for lawful purposes. The
Company specifically prohibits any use of the Website for,
and You agree not to use the Website for, any of the
purposes, including but not limited to, the following:
- Copying, modifying, publishing, transmitting,
distributing, displaying, performing, participating in the
transfer or sale of, create derivative works on, or in any
way exploiting, any of the copyrighted Material contained
on the Website, in whole or in part, without Our prior
written consent; or
- Subleasing, leasing, selling, assigning, transferring,
distributing, renting, permitting concurrent use of, or
granting other rights in any Material provided on the
Website to any third party;
- Download any Materials or User Content (as defined
further) unless You see a ‘download’ or similar link
displayed on the Website by reference; or
- Using any robot, spider or any other data mining
technology or automatic or manual process to monitor,
cache, extract data from, copy or distribute the Materials
or User Content on the Website (except as may be a result
of standard Internet browser or search engine).
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User Agreement
User agrees to the following:
- User will use the Website for lawful purposes only and
comply with all applicable laws and regulations while
using and transacting on the Website including obtaining
such corporate, statutory or other approvals, consents and
permissions as required to transact on the Website.
- User will provide authentic and true information in all
instances where such information is requested from the
User. The Company reserves the right to confirm and
validate the information and other details provided by the
User at any point of time. If upon confirmation User
details are found not to be true (wholly or partly), the
Company has the right in its sole discretion to reject the
registration and debar the User from using the Website,
without prior intimation whatsoever.
- User shall access the Website and transact at User’s sole
risk and are using the User’s best and prudent judgment
before entering into any transaction through this Website.
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User Content
- We may provide You and other users with the opportunity to
participate in forums, reviews, comments, feedback,
suggestions and other communication functionalities and
may provide You with the opportunity, through such
features or otherwise, to submit, post, display content
and materials on the Website (“
User Content”) .
- Uploading User Content on the Website amounts to
publishing the User Content. By uploading the User Content
on the Website, You understand that all users visiting the
Website will be able to view the User Content. The Company
is and shall be under no obligation (1) to maintain any
User Content in confidence; (2) to pay User any
compensation for any User Content; or (3) to respond to
any User Content. The Company does not regularly review
posted User Content, but does reserve the right (but not
the obligation) to monitor and edit or remove any User
Content submitted to the Website.
- Except as otherwise described on the Website, the Company
does not assume any obligation of any kind to You or any
third party with respect to Your User Content. You
specifically acknowledge that the Company shall not be
liable for User Content or the defamatory, offensive, or
illegal conduct of any user or third party and that the
risk of harm or damage from the foregoing rests entirely
with You.
- The User Content posted or expressed on the Website are
not necessarily that of Company. We do not undertake to
monitor or review the User Content the same is not Our
responsibility.
- You grant to the Company unrestricted, unconditional,
non-exclusive, unlimited, worldwide, irrevocable,
perpetual and royalty-free right and license to host, use,
copy, distribute, reproduce, disclose, sell, re-sell,
sub-license, display, publicly perform, transmit, publish,
broadcast, modify, reformat, translate, archive, store,
cache, make derivative works of, or otherwise use and
exploit in any manner whatsoever, all or any portion of
Your User Content for any purpose whatsoever in all
formats, on or through any media.
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You agree not to use or encourage, or permit others to
use, the Website to:
- Make available any User Content that is misleading,
unlawful, harmful, threatening, abusive, tortious,
defamatory, harassing, libellous, vulgar, obscene,
pornographic, sexually explicit, lewd, lascivious,
profane, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable or
promotes discrimination on the basis of race,
ethnicity, gender, religion, sexual orientation, age,
disability, a breach of data privacy laws and that
violates the privacy of other Users;
- Intimidate and/or harass another;
- Incite others to commit violence;
- Harm minors in any way;
- Make available any User Content in contravention of
these Terms of Use or applicable policies, or any User
Content that You do not have a right to make available
under any law or contractual or fiduciary
relationship;
- Download, save or otherwise transmit, any of the User
Content available on the Website, in any manner,
whether by means of current or future technologies;
- Make available any User Content that infringes any
intellectual property rights or other proprietary
rights of any party;
- Impersonate any person or entity, or falsely state or
otherwise misrepresent Your affiliation with a person
or entity;
- Do anything unlawful, misleading, malicious, or
discriminatory;
- Manipulate identifiers to disguise the origin of any
of User Content posted on, or transmitted through, the
Website including, falsifying or deleting any author
attributions, legal or other notices or labels of the
origin of the User Content or other material available
on the Website;
- Post anyone’s identification documents or sensitive
financial information on the Website;
- Use any of the Company’s domain names as a
pseudonymous return email address;
- Do anything that threatens the unity, integrity,
defence, security or sovereignty of India, friendly
relations with foreign states, or relates to
terrorism, sedition or other tortious activities,
public order or causes incitement to the commission of
any cognisable offence or prevents investigation of
any offence or is insulting any other nation;
- Intentionally or unintentionally interfere with or
violate any applicable laws related to the access to,
or use of, the Website, violate any requirements,
procedures, policies or regulations of networks
connected to the Website;
- Disrupt or interfere with the security of, or
otherwise cause harm to, the Website Materials,
systems resources, or gain unauthorized access to user
accounts, passwords, servers or networks connected to
or accessible through the Website or any affiliated or
linked sites;
- Access the Website through means other than through
the interface that is provided by the Company;
- Violate any applicable laws or regulations for the
time being in force in or outside India including but
not limited to the sale, import, export, use etc. of
illegal substances or gambling or other unlawful
activities; or
- Violate any of the terms specified under the Terms of
Use or any other Website policies.
Any violation by You of this section may result in immediate
suspension or termination of Your Account.{' '}
You acknowledge that We are only an intermediary with
respect to all User Content. However, on receiving written
notification of alleged infringement of third party
intellectual property rights by any User Content, We may, at
Our own discretion, remove the allegedly infringing User
Content from the Website with or without prior notice to
You. If We do not take down the same, You agree that Your
only recourse will be to terminate Your Account with Us. You
hereby waive any legal or equitable rights or remedies You
have or may have against Us with respect thereto. Please
refer to our{' '}
Report Abuse Policy for the
procedure adopted by Us for such take down of allegedly
infringing User Content.
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Personal Information
The Company respects a User’s privacy. The Privacy Policy of
the Company, which can be accessed at{' '}
Privacy Policy, provides
succinctly the manner the User data is collected and used by
the Company on the Website. As a visitor to the Website, a
User is advised to read the Privacy Policy carefully. By
accessing the Website, You agree to the collection and use
of Your information by the Company in the manner provided in
the Privacy Policy.
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Changed Terms
The Company shall have the right at any time to change or
modify the Terms of Use applicable to User’s use of the
Website, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting
on Website, or by electronic or conventional mail, or by any
other means by which User obtains notice thereof. Any use of
Website by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications
or additions.
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Products
- Certain products may be available exclusively online
through the Website. These products may have limited
quantities and are subject to return or exchange within 10
days.
- We have made every effort to display as accurately as
possible the colors and images of the products that appear
at the store. We cannot guarantee that Your computer
monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the
sales of the products to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any
products that We offer. All descriptions of products or
product pricing are subject to change at any time without
notice, at Our sole discretion. We reserve the right to
discontinue any product at any time.
- We do not warrant that the quality of any products,
information, or other material purchased or obtained by
You will meet Your expectations, or that any errors in the
same will be corrected.
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Modifications to the Prices of the Products
Prices for the products listed on the Website are subject to
change without notice. We shall not be liable to You or to any
third-party for any modification in the contents or packaging
or price change of the product.
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Restrictions and Accuracy of Account and Billing Information
- We reserve the right to refuse any order You place with
us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per
order. These restrictions may include orders placed under
the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address.
In the event that We make a change to or cancel an order,
We may attempt to notify You by contacting the e-mail
and/or billing address/phone number provided at the time
the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate
purchase and account information for all purchases made at
the Website. You agree to promptly update Your account and
other information, including Your email address and credit
card numbers and expiration dates, so that We can complete
Your transactions and contact You as needed.
- We reserve the right to impose limits on the number of
transactions or transaction price which We may receive
from on an individual valid credit/debit/ cash card /
valid bank account/ and such other infrastructure or any
other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized
by Reserve Bank of India to provide enabling support
facility for collection and remittance of payment or by an
individual during any time period, and reserves the right
to refuse to process transactions exceeding such limit.
- We reserve the right to refuse to process transactions by
Users with a prior history of questionable charges
including without limitation breach of any agreements by
Users with Us or breach/violation of any law or any
charges imposed by issuing bank or breach of any policy.
- The Company may do such checks as it deems fit before
approving the Buyers commitment to pay for Cash On
Delivery (as defined below) transactions for security or
other reasons at the discretion of the Company. As a
result of such check if the Company is not satisfied with
the creditability of the Buyer or genuineness of the
transaction / transaction price, it will have the right to
reject the Buyers commitment to pay transaction price.
- The Company may delay notifying the payment confirmation
i.e. informing Seller to dispatch, if the Company deems
suspicious or for Buyers conducting high volumes of
transactions to ensure safety of the transaction and
transaction price. In addition, the Company may hold
transaction price and the Company may not inform Seller to
dispatch or remit transaction price to law enforcement
officials (instead of refunding the same to Buyer) at the
request of law enforcement officials or in the event the
Buyer is engaged in any form of illegal activity.
- The Buyer and Seller acknowledge that the Company will not
be liable for any damages, interests or claims etc.
resulting from not processing a transaction/transaction
price or any delay in processing a transaction/transaction
price which is beyond control of the Company.
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Errors, Inaccuracies and Omissions
- Occasionally there may be information on the Website that
contain typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information is
inaccurate at any time without prior notice (including
after You have submitted Your order).
- We undertake no obligation to update, amend or clarify
information in the Website, including without limitation,
pricing information, except as required by law. No
specified update or refresh date on any related website,
should be taken to indicate that all information in the on
any related website has been modified or updated.
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For Sellers
- As a registered seller, You are allowed to list item(s)
for sale on the Website. You must be legally able to sell
the item(s) You list for sale on Our Website. You must
ensure that the listed items do not infringe upon the
intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third
parties. Listings may only include text descriptions,
graphics and pictures that describe Your item for sale.
All listed items must be listed in an appropriate category
on the Website. All listed items must be kept in stock for
successful fulfillment of sales. You must ensure to list
and sell the product(s) well before the expiry date of the
product(s). We are not responsible if the product(s) are
sold beyond the expiry date of the product(s). You will
solely be responsible for any consumer complaints filed
before a consumer forum or a court of law for, including
but not limited to, defective product, damaged product,
expired product.
- The listing description of the item must not be misleading
and must describe actual condition of the product. If the
item description does not match the actual condition of
the item, You agree to refund any amounts that You may
have received from the Buyer. You agree not to list a
single product in multiple quantities across various
categories on the Website. The Company reserves the right
to delete such multiple listings of the same product
listed by You in various categories.
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For Buyers
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Payments
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While availing any of the payment method/s available
on the Website, We will not be responsible or assume
any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You
and between "Bank(s)", or
- Any payment issues arising out of the transaction,
or
- Decline of transaction for any other reason/s.
- All payments made against the purchases on the Website
by You shall be compulsorily in Indian Rupees
acceptable in the Republic of India. Website will not
facilitate transaction with respect to any other form
of currency with respect to the purchases made on the
Website.
- Before shipping / delivering Your order to You, Seller
may request You to provide supporting documents
(including but not limited to Govt. issued ID and
address proof) to establish the ownership of the
payment instrument used by You for Your purchase. This
is done in the interest of providing a safe online
shopping environment to Our Users .
- Use of the payment facility shall not render Us liable
or responsible for the non-delivery, non-receipt,
non-payment, damage, breach of representations and
warranties, non-provision of after sales or warranty
services or fraud as regards the products listed on
Our Website.
- You have specifically authorized the Company or its
service providers to collect, process, facilitate and
remit payments and / or the transaction price
electronically or through Cash on Delivery (“Cash on
Delivery”) to and from other Users in respect of
transactions through payment facility. Your
relationship with Us is on a principal to principal
basis and by accepting these Terms of Use You agree
that the Company is an independent contractor for all
purposes, and does not have control of or liability
for the products or services that are listed on the
Website that are paid for by using the payment
facility. We do not guarantee the identity of any User
nor do We ensure that a Buyer or a Seller will
complete a transaction.
- You understand, accept and agree that the payment
facility provided by the Website is neither a banking
nor financial service but is merely a facilitator
providing an electronic, automated online electronic
payment, receiving payment through Cash on Delivery,
collection and remittance facility for the
transactions on the Website using the existing
authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing
payment facility, the Company is neither acting as
trustees nor acting in a fiduciary capacity with
respect to the transaction or the transaction price.
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Refunds and Return
- You, as a Buyer, understand that upon initiating a
transaction You are entering into a legally binding
and enforceable contract with the Seller to purchase
the products from the Seller using the payment
facility, and You shall pay the price through Your
issuing bank to the Seller using the payment facility.
- You, as a Buyer, understand that upon initiating a
transaction You are entering into a legally binding
and enforceable contract with the Seller to purchase
the products from the Seller using the payment
facility, and You shall pay the price through Your
issuing bank to the Seller using the payment facility.
- You, as a Buyer, may agree with the Seller through
electronic communication and electronic records and
using the automated features as may be provided by
payment facility on any extension / increase in the
dispatch and/or delivery time and the transaction
shall stand amended to such extent.{' '}
- You, as a Buyer, shall be entitled to claim a refund
of the price (as Your sole and exclusive remedy) in
case You do not receive the delivery within the time
period agreed in the transaction. In case You do not
raise a refund claim using Website features within the
stipulated time then You would be ineligible for a
refund.
- You, as a Buyer, understand that the payment facility
may not be available in full or in part for certain
category of products and hence You may not be entitled
to a refund in respect of the transactions for those
products.
- Except for Cash on Delivery transactions, refund, if
any, shall be made at the same issuing bank from where
the money was received.
- For Cash on Delivery transactions, refunds, if any,
will be made via demand draft in favour of the Buyer
(as per registration details provided by the Buyer).
- Refund shall be made in Indian Rupees only and shall
be equivalent to the price received in Indian Rupees.
- For electronics payments, refund shall be made through
payment facility using NEFT / RTGS or any other online
banking / electronic funds transfer system approved by
Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse
available to the Company in case of any misuse by
Buyer.
- Refund shall be subject to Buyer complying with
Policies.
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Personal data- Consent Form
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Introduction
- The objective of this Personal Data Protection Consent
Form (“Consent Form”) is to provide you with
information with respect to how MAHINDRA FIRST CHOICE
WHEELS LIMITED (“MFCWL”) which provides or will
provide services and/or products to you (as well as
its subsidiaries, representatives or Affiliates)
(collectively referred to herein as “MFCWL”, “us”,
“we” or “our”) collects and processes personal
information and sensitive personal information.
References in this Consent Form to “we”, “us” and
“our” mean MFCWL and, where the context requires, will
also include any company in Mahindra Group, or persons
connected with MFCWL. We request you to kindly read
this Consent Form carefully as it contains important
information regarding the collection, use and
disclosure of your Personal Data (as defined below).
- In addition, this Consent Form is intended to provide
you with sufficient information to enable you to
notify, and obtain consent from, any natural person (a
“Relevant Person”) whose Personal Data may have been
provided or may be provided by you or your agent to us
from time to time.
- This Consent Form supplements but does not supersede
or replace any other consent you may have previously
provided to us in respect of your Personal Data, and
your consents herein are additional to any rights to
which we may have at law to collect, use or disclose
your Personal Data.
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Personal Data
- In this Consent Form, “Personal Data” refers to any
data about you or a Relevant Person, whether true or
not, such that you or such natural person (as the case
may be) can be identified (a) from that data; or (b)
from that data and other information to which we have
or are likely to have access, including data in our
records as may be updated from time to time.
- Examples of such Personal Data you may provide us
including but not limited to your name, PAN
card/AADHAR card, Driving License details, company
name, title, passport or other identification number,
telephone number(s), mailing address, email address,
bank account numbers, assets, income and financial
situation and any other information relating to any
Relevant Person which you have provided or will
provide to us in any forms you may have submitted to
us, or via any other form of interaction with you.
- We may also collect Personal Data about you or a
Relevant Person from applications, forms or
questionnaires you may complete or agreements you
enter into with us or in the course of your
establishing or maintaining a customer relationship
with us, including data about your credit history or
financial situation, and your transactions with us or
others who provide services to us.
- We may also collect Personal Data about you or a
Relevant Person as a result of us recording certain
telephone calls which our employees may have with you,
and storing these recordings, in order to satisfy our
legal and regulatory obligations or for MFCWL business
purposes. Apart from Personal Data, we may collect
other types of information which is not linked to a
natural person and which is anonymous. For example,
the number of website visitors and the number of
website users using a particular service. In this way,
we hope to improve our customer services.
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Purposes for the Collection, Use and Disclosure of
Personal Data Generally, MFCWL collects, uses and
discloses Personal Data for the following purposes:
- processing applications for account opening, account
maintenance and operations relating to your
account(s), including without limitation, processing
your applications or requests for services and/or
products, processing your transactions, operating and
closing your account(s);
- providing services and/or products to you (including
the services and products of external providers) from
time to time and dealing with all matters relating to
the services and products;
- managing your relationship with us and/or
administration of your account with us including
(where you act as agent for another party) those of
your underlying principals;
- carrying out your instructions or responding to your
enquiries or feedback;
- conducting identity and/or credit checks, and carrying
out customer due diligence and other checks and
screenings and ongoing monitoring that may be required
under any applicable law, regulation or directive or
internal policies and procedures of MFCWL or its
Affiliates (including but not limited to those
designed to tackle bribery and corrupt practices,
money laundering, anti-social elements finance and
financial crime);
- preventing, detecting and investigating fraud,
misconduct or any unlawful activities, whether or not
requested by any relevant governmental or regulatory
authority, and analysing and managing commercial
risks;
- complying with all applicable laws, regulations,
rules, directives, orders, instructions and requests
from any governmental, tax, law enforcement or other
authorities (whether local or foreign);
- managing our infrastructure and business operations
and complying with our policies and procedures that
may be required by applicable laws and regulations
including those relating to risk control, compliance,
security, audit, finance and accounting, human
resources, systems and business continuity;
- addressing or investigating any complaints, claims or
disputes;
- developing new services and/or products and updating
you on our products, schemes, promotional activities
and services from time to time;
- unless you have indicated your preference to opt out,
providing you with marketing, advertising and
promotional information, materials and/or documents
relating to banking, investment, credit and/or
financial products and/or services that we may be
selling, marketing, offering or promoting, whether
such products or services exist now or are created in
the future;
- carrying out research, planning and statistical
analysis;
- organizing promotional events; and
- enforcing our legal and/or contractual rights against
you including, but not limited to, recovering any and
all amounts owed to us, (collectively, the “Purposes”)
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Consent
By interacting with us, submitting information to us, or
signing up for any products or services offered by us
and/or through informed notice and acknowledgement of
this Consent Form, you agree and consent to:
- us collecting, using, disclosing and sharing such
Personal Data for the Purposes stated in this Consent
Form, to us and/or our authorized service providers
and relevant third parties in the manner set forth in
this Consent Form and as per the applicable data
protection law ; and
- each Relevant Person having consented to our
collection, use, disclosure, sharing, and/or
processing of his/her Personal Data for the Purposes
stated in this Consent Form, and such Relevant Person
has been informed of and has accepted this Consent
Form.
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If you do not wish for us to continue to use your
Personal Data or the Personal Data provided by you to
us for any of the Purposes at any time in the future,
you must notify us in writing to withdraw your consent
(refer Section 12). Depending on the circumstances,
your withdrawal of consent may result in our inability
to provide you with the services and/or products that
we have been offering to you, and consequently, may
result in the termination of your relationship and/or
accounts with us.
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Where the personal data protection laws of the
applicable jurisdictions permit us to collect, use or
disclose the Personal Data without your or the
Relevant Person’s consent, such permission granted by
law will continue to apply.
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Disclosure, Sharing and Transfer of Personal Data
Overseas
Subject to the provisions of any applicable law,
Personal Data may be disclosed or transferred to, shared
with or kept by the following entities, wherever
located, for any of the Purposes or for processing for
any of the Purposes:
- any other affiliated companies of the Mahindra Group;
- any third-party service providers, including archival
management service providers, those providing
administrative, telecommunications, computer,
financial intermediary, payment or securities clearing
or other services to us in connection with the
operation of our business;
- our professional advisers (including lawyers) and
agents or third parties necessary for us
performing/providing services to you (including our
executing brokers, clearing houses and settlement
agents);
- our auditors;
- any person to whom disclosure is permitted or required
by law or any court order;
- any local or foreign government agencies, regulatory
authorities and statutory bodies having jurisdiction
over us; and
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any of their respective successors and assigns.
To the extent that we may need to transfer Personal
Data outside the applicable jurisdiction, we shall
do so in accordance with the personal data
protection law of that jurisdiction to ensure that
we provide a standard of protection to the Personal
Data so transferred that is comparable to the
protection under that jurisdiction.
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Access and Correction
- If you would like to obtain access and make certain corrections to your Personal Data, you may contact us in writing through email at the address set out in Section 12 below referencing ‘Personal Data Protection Consent Form Statement’. We may charge a reasonable administrative fee for this service. In exceptional circumstances, we reserve the right to deny you access to your Personal Data and may provide an explanation as required by applicable laws.
-
Retention
- Personal Data will be held for as long as it is
necessary to fulfil the purpose for which it was
collected, or as required or permitted by applicable
laws. We shall cease to retain Personal Data, or
remove the means by which the Personal Data can be
associated with particular individuals, as soon as it
is reasonable to conclude that the purpose for which
that Personal Data was collected is no longer being
served by retention of the Personal Data and retention
is no longer necessary for any legal or business
purposes. It is to be prominently noted that unless
you intimate MFCWL in writing for destruction/removal
of this Personal Data, we will continue to hold and
retain the same under this Consent Form.
-
Data Security
- We have taken and will continue to take reasonable
efforts to protect Personal Data in our possession or
control by making reasonable security arrangements to
prevent unauthorized access, collection, use,
disclosure, copying, modification, disposal or similar
risks.
- While we strive to protect your Personal Data, we
cannot ensure the security of any Personal Data which
you may have transmitted to us, via an unsecure
browser, and we urge you to take every precaution to
protect your Personal Data and use a secure browser.
-
Updates to the Personal Data Protection Consent Form
Statement
- We may from time to time update this Consent Form to
ensure that it is consistent with our future
developments, industry trends and/or any changes in
legal or regulatory requirements. Such changes will be
posted on our website.
- Such changes to our Consent Form shall apply from the
time that we post the same on this website
autofin@mahindra.com.
Your continued use of our service will be taken as
acceptance of and consent to the updated Consent Form.
-
Cookies
- A cookie is an alphanumeric identifier which we
transfer to your hard drive through your web browser
when you visit our website. It enables our own system
to recognize you when you visit our website again and
improve our service to you.
- The information is used to track visitor use of the
website and to compile statistical reports on website
activity. Cookies may also be used to compile
aggregate information about areas of our website that
are visited most frequently. This traffic information
can be used to enhance the content of our website and
make your use of it easier.
- If you wish to reject our cookie, you can configure
your browser to do so. However, in a few cases some of
our website features may not function if you remove
cookies from your browser.
-
Third Party Websites
- Our website may contain links to other websites. We have not reviewed any of the websites linked by our website, and we will not be responsible for the content of any other websites or pages linked to or linking to our website and usage of any of such linked websites or pages. Such links are provided solely for your convenience and information. Following links to any other websites or pages shall be at your own risk.
-
Contacting Us
-
If you have any queries, comments or questions about
the collection, use or disclosure of your Personal
Data or this Consent Form, please contact us in
writing at the address below referencing ‘Personal
Data Protection Consent Form Statement’:
Kind attention: Chief Technology Officer
Mahindra First Choice Wheels Limited
602,6th Floor B Wing, Embassy 247, Vikhroli Mumbai
83
Email:
- Any and all claims/disputes/grievances arising out of
this Consent Form shall be subject to the exclusive
jurisdiction of the Courts in Mumbai India.
-
IN CASE OF ONLINE FORM ONLY (TO BE DELETED FOR OFFLINE
CONSENT FORMS):
This Consent Form constitutes to be an electronic record
in terms of Information Technology Act, 2000 and rules
there under as applicable and the amended provisions
pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This
electronic format is generated through an online
computer system of MFCWL and does not require any
physical or digital signatures by MFCWL and/or you.
I/We have read and understood the above-mentioned terms and I/We hereby give my/our unconditional acceptance and acknowledgement thereto, on the day and date mentioned herein.
Name:
Signature:
Date:
IP Address and time log reference No. (if consent is
provided online):
-
License & Website Access
The Company grants the User a limited sub-license to access
and make personal use of this Website and not to download
(other than page caching) or modify it, or any portion of
it, except with express written consent of the Company. This
license does not include any 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
merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This Website or any portion
of this Website may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of the
Company. User may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form)
of the Website or of the Company without express written
consent. User may not use any meta tags or any other “hidden
text” utilizing the Website’s or Company’s name or
trademarks without the express written consent of the
Company. Any unauthorized use terminates the permission or
license granted by the Company.
-
Monitoring
All electronic communications and content presented and / or
passed to Us, including that presented and / or passed from
remote access connections, may be monitored, examined,
saved, read, transcribed, stored, or retransmitted in the
course of daily operations by any duly authorized employee
or agent of the Company in the exercise of their duties, or
by law enforcement authorities who may be assisting the
Company in investigating possible contravention /
non-compliance with applicable law. Electronic
communications and content may be examined by automated
means. Further, the Company has the right to reject, at its
sole discretion, from the Website any electronic
communications or content deemed not to be in compliance
with the corporate policies and procedures of the Company.
-
Intellectual Property
- The Website and all Materials, excluding the User Content,
that are uploaded on the Website by Us, unless otherwise
stated, including, without limitation: graphics; layout;
text; content; instructions; images; audio; videos;
designs (collectively, the “Materials”) are owned,
controlled or licensed by the Company, its subsidiaries or
affiliates. Any and all rights to use any Materials not
expressly granted to You under this Terms of Use are
hereby reserved by Us and/ or Our members, subsidiaries,
affiliates or licensors.
- The Company is the sole owner of the Company marks,
service marks, trade name and any other marks used by the
Company in future (collectively “Trademarks”). You agree
not to interfere with Our rights in the Trademarks,
including challenging Our use, registration or application
to register the Trademarks, anywhere in the world, and
that You will not harm, misuse, or bring into disrepute
any of the Trademarks. The goodwill derived from using the
Trademarks or any part thereof, shall inure exclusively to
the benefit of the Company.
- All Trademarks, domain name, trade dress including the
look, feel and design of the Website, its Materials,
interfaces, etc., and the selection and arrangements
thereof, is the property of the Company, unless otherwise
indicated. All this is protected under copyright,
trademark and other applicable intellectual property laws
and may not be used by You, except as permitted by the
Company
- All third party Trademarks advertised or displayed on the
Website belong solely to the respective third party and We
do not have any rights over such third party trademarks.
- This Website is operated by and is the sole property of
the Company. Any and all Material on this Website are
protected by copyrights, trademarks, and other
intellectual property rights that are owned by Us or by
other parties that have licensed such material to Us, or
such parties having ownership of content uploaded on the
Website. Modification of the Materials on the Website or
use of the Materials for any purpose other than personal
use is a violation of the said copyrights, trademarks and
other intellectual proprietary rights, and is expressly
prohibited.
- We respect the intellectual property rights of others, and
We expect Our users to do the same. Therefore, as a matter
of policy, any User Content uploaded on the Website,
should be original material created by You or validly
licenced to You. You affirm, represent, and warrant that
You own or have the necessary licenses, rights, consents,
and permissions to publish the User Content You submit;
and You license to Us all patent, trademark, trade secret,
copyright or other proprietary rights in and to such User
Content for publication on the Website or otherwise
pursuant to these Terms of Use. The Company may, at its
sole discretion, take such steps including, that of
terminating Your Account, if You violate others’
intellectual property rights in any manner.
- You are requested to report any violation of rights in, or
misuse of, the Trademarks or any other intellectual
property rights on the Website, by writing to Us at{' '}
contact@carandbike.com {' '}
or accessing Our Report Abuse section.
-
Links to Third Party Websites
- The Website may contain link/s to various other websites.
These links are provided solely for Your convenience and
benefit. Wherever such link/s lead to websites which are
not owned by or belong to Us, We shall not be responsible
for the content, products and services provided on such
linked sites. We do not warrant or make any
representations regarding the correctness or accuracy of
the content on such websites. If You decide to access such
linked websites, You do so at Your own risk. We do not in
any way endorse the linked websites.
- Similarly, this Website can be made accessible through a
link created by other websites. Access to this Website
through such link/s shall not mean or be deemed to mean
that the objectives, aims, purposes, ideas, concepts of
such other websites or their aim or purpose in
establishing such link/s to this Website are necessarily
the same or similar to the idea, concept, aim or purpose
of Our Website or that such links have been authorized by
Us. We are not responsible for any representation/s of
such other websites while affording such link and no
liability can arise upon Us consequent to such
representation, its correctness or accuracy. In the event
that any link/s afforded by any other website/s derogatory
in nature to the objectives, aims, purposes, ideas and
concepts of this Website, is utilized to visit this
Website and such event is brought to the notice or is
within the knowledge of the Company, civil or criminal
remedies as may be appropriate shall be invoked.
-
Security
- You are prohibited from violating or attempting to violate
the security of the Website, including, without
limitation: (a) accessing data not intended for You or
logging into an account which You are not authorized to
access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security
or authentication measures without proper authorization;
or (c) attempting to interfere with service to any user,
host, or network.
- You shall not misuse this Website by knowingly introducing
viruses, trojans, worms, logic bombs or other materials
that are malicious or technologically harmful (together
“Viruses”). You must not attempt to gain unauthorized
access to Our Website, the server on which the Website is
stored or any server, computer or database connected to
this Website. You must not attack this Website via a
denial-of-service attack.
- By breaching the provisions of this clause, You may be
liable to be prosecuted under the Information Technology
Act, 2000 and any other applicable law. We will report any
such breach to the relevant law enforcement authorities
and We will co-operate with such authorities by disclosing
Your identity to them. In the event of such a breach, Your
rights to use this Website will cease immediately.
- We will not be liable for any loss or damage caused by a
denial-of-service attack or Viruses that may infect Your
computer equipment, computer programs, data or other
proprietary material due to Your use of this Website or to
Your downloading of any Material posted on it, or on any
website linked to it.
- You agree to immediately report to Us all incidents
involving suspected or actual unauthorized access,
disclosure, alteration, loss, damage, or destruction of
data.
-
Termination
- In addition to termination of Your Account, We reserve the
right to suspend Your use of and prohibit access to any or
all features / parts of the Website, in the event it is
determined by Us that You have violated any of these Terms
of Use. Any such suspension or termination of access to
Website may be effected by Us without providing You with a
prior written notice in this regard.
- Upon termination of Your Account or prohibition of Your
use of the Website, all rights granted by Us to You to use
the Website will automatically terminate and We shall have
no further obligation or liability towards You.
- You acknowledge and agree that, upon termination, You
shall immediately destroy any copies made of any portion
of the content contained on the Website. You acknowledge
and agree that the Company shall not be liable to You or
any third party claiming through You, for any suspension
or termination of access to Website.
-
Disclaimer and Liability
- All Materials and User Content on the Website is provided
to You on an ‘as is’ basis. You agree that Your use of the
Website shall be at Your sole risk.
- To the fullest extent permitted by applicable law, the
Company, its officers, directors, employees, and agents
exclude all warranties, express or implied, in connection
with the Website and Your use thereof. The Company
excludes all conditions, terms or representations about
the accuracy or completeness of this Website's Materials
and User Content or the content of any sites linked to
this Website and assumes no liability or responsibility
for any (i) errors, mistakes, or inaccuracies of content,
(ii) any unauthorized access to or use of Our secure
servers and/or any and all personal information and/or
financial information stored therein, (iii) any
interruption or cessation of transmission to or from Our
Website, (iv) any bugs, viruses, trojan horses, or the
like which may be transmitted to or through Our Website by
any third party, and/or (v) any errors or omissions in any
content or for any loss or damage of any kind incurred as
a result of the use of any Materials and User Content
posted, emailed, transmitted, or otherwise made available
via the Website.
- We hereby expressly disclaim all warranties and
representations of any kind with respect to any and all
Materials, User Content and features available on the
Website, including but not limited to (a) warranties as to
merchantability or use for a particular purpose whether or
not the Company knows or has reason to know or has been
advised of any such purpose or (b) warranties as to any
results to be obtained from any use of the Company
Materials or information derived from use of the Website.
- The Company does not endorse or act on behalf of any third
party. In the event You engage the services of / interact
with any third party, through the Website, the Company
will not be liable to You for any act or omission by such
third party in relation thereto.
- To the fullest extent permitted by applicable law, in no
event shall the Company, its officers, directors,
employees, or agents, be liable to You for any direct,
indirect, incidental, special, punitive or consequential
damages, incurred in connection with the Company Materials
or User Content on the Website, including but not limited
to loss of revenue or profit or any other commercial or
economic loss or for any decision made or action taken by
any third party in reliance thereupon.
- You agree to defend, indemnify and hold harmless the
Company, its officers, directors, employees and agents,
from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising
from: (i) Your use of and access to the Website; (ii) Your
violation of any term of these Terms of Use or any other
Website policy; (iii) Your violation of any third party
right, including without limitation any intellectual
property right or privacy right; (iv) or as a result of
any threatening, libellous, obscene, harassing or
offensive material posted / transmitted by You on the
Website. In no event will the Company be liable to You for
any lost profits, lost savings or incidental, special or
consequential damages arising out of Your use or inability
to use the Website or the breach of this Terms of Use,
even if advised of the possibility of such damages.
- Your obligations under this clause shall survive the
termination of these Terms of Use.
-
Notifications
If You wish to subscribe to Our newsletter(s) or receive
notifications or e-mails from Us, We will use Your name and
latest e-mail address provided by You in this regard.
However, You may choose to stop receiving Our newsletters by
following the instructions to unsubscribe as included in
these e-mails or You can contact Us at{' '}
contact@carandbike.com .
-
Governing Law and Jurisdiction
This Terms of Use shall be construed in accordance with the
applicable laws of India. The Courts at New Delhi shall have
exclusive jurisdiction in any proceedings arising out of
this Terms of Use.
-
Severability
If any term, provision, covenant or restriction of these
Terms of Use is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remainder of the
terms, provisions, covenants and restrictions of these Terms
of Use shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
-
No Waiver
The rights and remedies available under this Terms of Use
may be exercised as often as necessary and are cumulative
and not exclusive of rights or remedies provided by law. It
may be waived only in writing. Delay in exercising or
non-exercise of any such right or remedy does not constitute
a waiver of that right or remedy, or any other right or
remedy.
-
General
You cannot assign or otherwise transfer the Terms of Use, or
any right granted hereunder to any third party. These Terms
of Use comprise the full and complete agreement between You
and the Company with respect to the use of the Website and
supersedes and cancels all prior communications,
understandings and agreements between You and the Company,
whether written or oral, expressed or implied with respect
thereto.
