Terms Of Use For Online Booking Microsite

This micro-site is owned and operated by M/s Hero MotoCorp Ltd., a company incorporated under the Indian Companies Act, 1956, and having its registered office at 34, Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (hereinafter referred to as “Company”) which is part of the main website heromotocorp.com (hereinafter referred to as ‘Master Site’).

These are the Terms of Use (hereinafter referred to as “TOU”) applicable for the use of the micro-site for online bookings and sales i.e. “booking.heromotocorp.com” 

By using the Website and the available services, you (the User) indicate your acceptance to the TOU, including any & all disclaimers and/or privacy policy thereof.

The Users must read this page carefully.

If you (the User) do not accept the TOU stated herein the user are advised not use the Website.

Since the TOU may change over time and without any advance notification you (the User) should also regularly visit the Website to review any modifications to the TOU as the same are binding on you.

For the purpose of these TOU, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer of the products/ bike manufactured by the Company and offered for sale through online booking portal on the Website as a registered user or new user.

1. Eligibility and Booking Obligations

Use of the Website is available only to 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, un-discharged insolvents etc. are not eligible to use the Website.

If you are a minor i.e. under the age of 18 years, you shall not register as a user with the Website and shall not transact on or use the Website.

The Company reserves the right to terminate your registration and /or refuse to provide you with access to the Website if it is brought to the notice of the Company or if it is discovered that you are under the age of 18 years.

The User further agrees that if the user provides any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these TOU, the Company shall have the right to indefinitely suspend or terminate or block access of your account on the Website and refuse to provide the user with access to the Website.

When you use the Website, you are deemed to have given consent to receive communications via electronic records from the Company as and when required. The Company may communicate with you by email/ SMS/ phone call or by such other mode of communication, electronic or otherwise. The said consent would supersede any prior or previous instructions of yours under the Do Not Call Registry (DNCR) that may have been undertaken by you previously.

2. The Company’s Liability

The Website provides an online booking portal, intended to act as a market place for booking and purchasing bike(s) manufactured by the Company as per availability through web by the Company.

It may be noted that in order to book any desired bike, the user must enter specific details (such as variant, color, model no. etc.) along with other personal details (such as name, email id., address, phone no., age, preferred state/ dealer etc.) for effective transaction between the Company and the user.

That the Company shall identify the user basis the information / details submitted on the Website and the Company will not entertain or honour any request claiming impersonation or misrepresentation in this regard if the user submits valid photo ID card at the time of taking delivery of bike through concerned dealer.

Further the ex- showroom price indicated on the Website are subject to additional applicable charges/ taxes or payments as may be required to be made by the user before taking delivery of bike from the concerned dealer.

For purposes hereof, it is being clarified that bikes sold through the Website are governed by different state laws. Upon successful payment of the booking amount as stated on the Website the Company will send an email on registered email ID provided by the user indicating the receipt and date of delivery for reference of user.

However any date of delivery (if given) by the Company is tentative and subject to change/ delay, considering factors including (availability of bike at the preferred dealership, availability of specific model, variant, color or time taken for registration etc.) and the Company shall not be held liable/ responsible for any such delay/ change (if made) in the date of delivery for whatsoever reasons.

The information provided on the Website is only for reference purposes.

The Website may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy or completeness of the Website and/or its content therein. The users are advised to conduct their individual investigation as regards the suitability, functionality and/or other usability features of the bike (such as variant/ model/ color etc.) intended to be purchased through the Website.     

Any usage of this Website does not guarantee actual/ effective transaction between the Company and the user. That the Company does not accept any responsibility for late, lost, incomplete, illegible, corrupted, misdirected entry or incorrectly submitted details/ information on the Website, whether due to error, omission, alteration, tampering, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise.

No advice or information obtained by a user from the Website shall create any warranty whatsoever. The Company in no way either represents or guarantees the accuracy, reliability or suitability of the Website for any purposes thereof.

3. Permitted Use of the Website

The user has the following right to the Website; book and purchase available bike(s) manufactured by the Company as per the TOU herein.

The user may use information/ specification of any specific model/ variant of the bike, purposely made available on the Website for downloading, provided that the user (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for users personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

All contents on the Website are the property of the Company, and all content is protected by applicable trademark laws. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.

Material on Website is solely for your personal, non-commercial and reference use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so.

Without the prior written consent of the Company, modification of the materials, use of the materials on the Website or networked computer environment or use of the materials for any purpose other than personal, non-commercial and reference use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Any use, for which you may receive any remuneration (whether in money or otherwise), would be deemed to be a commercial use for the purposes of these provisions herein above.

4. Prohibited Use of the Website

Users warrant toutilise the Website only in accordance with these TOU and any relevant statutory provisions.

Users are prohibited from violating the security of the Website by engaging in the following: (a) accessing data not intended for user or logging into with fake/incorrect accounts; (b) attempting to test the vulnerability of a system or to breach any security or authentication measures; or c) attempting to overload, spam, or crash the Website by means of “virus” or other software “attack” affecting the integrity of the Website; or d) violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity].

Any attempted Website violation may result in civil or criminal liability, and the Company will prosecute users who are involved in such violations.

All users agree not to engage in any activity which seeks to take advantage of or exploit the unique features of the Website including but not limited to the following: (a) submitting any invalid detail/ information on the Website; (b) engaging in any behavior which has the effect of degrading the performance of the Website; (c) reverse engineering any portion of the Website.  

5. Collection and use of information by Company

Prior to booking any bike through Website; the Company may request the user to provide/ submit personal information, including user name, address, e-mail address, telephone number, contact information, billing information and any other information by which the user’s identity will be discernible.

By using the Website, the User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the user has in his/ her information/ detail submitted on the Website, in any media now known or not currently known, with respect to the information/ detail.

The Company will only use the information in accordance with the TOU and Privacy Policy applicable to use of the Website.

For purposes hereof, the Company is authorized to collect or may collect demographic information that is not unique to user such as user code, age, preferences, gender, interests and favorites in order to understand and study market conditions. Sometimes the Company collect or may collect a combination of the two types of information. The user by using the Website gives is implied consent to any such usage/ collection (if done) by the Company.

In addition, the Company may indirectly collect information about the user (for example), if the user register on the Website by using user name and password, you authorize the Company to have access to and store the information in your account profile; however such information will be subject to, and treated in accordance with, the policies and practices described in the privacy policy of the Company.

The Company also gathers or may gather certain information about your use of the Website, such as what areas you visit and what services you access. Moreover, the Company may have access and collect information as regards user IP address, browser type, domain names, access time and referring web site addresses, but is not linked to your personal information.

The Company may sometimes afford you the opportunity to provide descriptive, preferential and/or similar information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in the privacy policy of the Company.  For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular products or services.

In addition, at the time of registration for an account, you have the option to elect or not elect to receive additional communications, information and promotions, including without limitation, free informational newsletters from the Company relating to topics that may be of special interest to you, such as (upcoming bikes/ offers/ accessories etc.).

The Company has areas on the Website where you can submit feedback. Any feedback you submit in these areas becomes Company’s property and the Company can use such feedback (such as success stories) for marketing purposes or to contact you for further information.

6. Disclosure of personal information to others.

Company may disclose information if legally required to do so, if requested to do so by a governmental entity or if Company believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect Company’s rights or property; (c) prevent a crime or protect national security; or (d) protect the personal safety of other users or the public.

Company also is authorized to discloses and transfer information to a third party who acquires all or a substantial portion of Company’s business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Company’s assets.

In addition, in the event Company become the subject of a bankruptcy proceeding, whether voluntary or involuntary, Company or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. User will be notified of sale of all or a substantial portion of Company’s business to a third party via email or through a prominent notice posted on the Site.

7. Violation of Terms of Use and threatening behavior.

Although the Company is not responsible for screening or monitoring the user content (including any information/ details submitted on the Website), the Company may review and delete any content that violates these TOU, violates applicable law, rule or regulation, is invalid/offensive or illegal, or violates the rights of, harms or threatens the safety of other users of the Website.

If you engage in prohibited behavior you risk expulsion from the Website, and future restrictions may be placed upon your continued access to the Website. If appropriate, legal action may be instituted against you.

8. No Forced Sale

The user acknowledges and warrants that the Company has not instigated and/ or forced the user in any manner whatsoever to buy/ purchase bike(s) through Website and make consequent deposit of the price in the Company’s account.

9. Limitation of Liability

In no event shall the Company, its affiliates, its supplier’s, or any third parties mentioned on the Company’s Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, incomplete transaction or any other form of interruption) resulting from the use or inability to use the Website and content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

Further, the entire liability of Company, and your sole and exclusive remedy, for any claim or cause of action arising hereunder (whether in contract, tort, or otherwise) shall only be to the extend of refunding any amount/ price as regards the booking amount for the bike deposited in the account of the Company and no further.

10. Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the products/ bike(s) offered for sale through Website is presented solely for the purpose of sale in India and any user accessing the Website from outside India can only use the same for purposes of bookings and delivery within India only.

The Company makes no representation that the bike(s)/ products on the Website are available for use in other locations/Countries other than India.

Those who choose to access this Website from other locations/Countries other than India do so on their own initiative and the Company  is not responsible for supply of the product/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

11. General

The TOU constitute the entire agreement between the user and the Company and govern your use of the Website.

The TOU and the relationship between the user and the Company shall be governed by the laws of the country of India without regard to its conflict of law provisions and courts at Delhi alone shall have the exclusive jurisdiction to try and entertain any dispute arising out between the user and the Company.

The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

12. Disclaimers

The Company does not warrant that the Website will operate error-free or that the Website is free of computer viruses or other harmful mechanisms. If your use of the Website or content thereof results into the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

The Website is provided on an "as is" basis without any warranties of any kind. The Company does warrant that the Website will be constantly available or available at all; or the information on the Website is complete, true, accurate or sufficient.

The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement.

13. Indemnity

You (the User) agrees to indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, dealers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of illegal/ unauthorized your use of the Website, your violation of the TOU, your violation of any law, rules or regulations, your breach of any of the representations and warranties herein.