TERMS AND CONDITIONS BETWEEN ASHOK LEYLAND LIMITED (“PLATFORM PROVIDER”) AND THE CUSTOMER (“TERMS”) IN RELATION TO ASHOK LEYLAND (AL) CARE (“PLATFORM”)

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE ASHOK LEYLAND CARE MOBILE APPLICATION AND WEBSITE SERVICES (“THE SERVICE”)

YOU CAN REGISTER FOR THE SERVICE THROUGH YOUR MOBILE DEVICE OR LAPTOP/COMPUTER BY REGISTERING FOR THE SERVICE, YOU WILL BE TAKEN TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU WILL BE BOUND BY THEM AND THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE ON YOUR MOBILE DEVICE OR LAPTOP/COMPUTER.

In these terms and conditions, 'we', 'our' ‘Platform Provider’ and 'us' mean ASHOK LEYLAND LIMITED or its Authorized Dealers and 'you' and 'your' and ‘Customer’ mean the individual who is using the Service. These terms and conditions apply to your use of the Service ASHOK LEYLAND CARE (mobile application/website application), and any information contained therein. If you do not agree with any of the terms set out herein, you should not use the Service, and if you have already installed ASHOK LEYLAND CARE, mobile application software/website Application (the 'Application'), you should uninstall the Application from your mobile device//Laptop/computer.

The Platform Provider and the Customer shall, wherever the context requires, be referred to collectively as “Parties” and individually as “Party” hereto.

1. Recitals

1.1. Background of the Platform Provider

The Platform Provider is the sole and absolute owner of a new digital initiative platform called ‘Ashok Leyland Care’ with a view to cater to the Service needs of Customers (as defined hereinafter), and provide one stop solution to Customer which includes Service Booking, Service Alerts, I-Alert Subscription renewal etc.

1.2. Background of Ashok Leyland (AL) Care platform

AL Care (“Platform”) is designed so as to provide a mobile application based /website based online meeting place where the Customers may book a service for his/her vehicles, receive Service Alerts and renew I-Alert Subscriptions, see the service history of the vehicles, store documents related to vehicles like insurance and Registration certificates and to avail any other services that may be introduced by AL from time to time. Such services shall be notified to all Customers via notifications and Platform Provider reserves the right to discontinue any such product based on user feedback with no liabilities to the Platform Provider.

1.3. Description of Customer

The Customer includes any Person who avails of or is registered on the Platform for the purpose of availing Vehicle repair services from the list of registered Workshops on the Platform. The Customer includes the Vehicle Owners /Vehicle Managers, who have been authorised by such Vehicle Owners to operate the Vehicles. The Customer hereby agrees and acknowledges that the Workshop will provide the standard services as mentioned in Annexure 1 as well as other non-standard jobs on the Vehicle as mentioned in Annexure 2 depending on the setup of the Dealer. At no point in time does the Platform ensure or assure any services that the Workshop may make available, whether or not such services have been listed in Annexure 1 or Annexure 2

1.4. Purpose and Objective of these Terms.

1.4.1. These Terms therefore records all the terms, conditions and agreements on which the Customer shall be permitted to enrol himself to use the Platform and continue to use the Platform.

THESE TERMS APPLY TO THE CUSTOMER’S VISIT TO AND USE OF THE PLATFORM THROUGH AN ELECTRONIC DEVICE, AS WELL AS TO ALL INFORMATION, RECOMMENDATIONS AND OR SERVICES PROVIDED TO THE CUSTOMER ON OR THROUGH THE PLATFORM. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES, HOWEVER, ONCE THE CUSTOMER HAS CLICKED ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL HAVE DEEMED TO HAVE GRANTED HIS CONSENT TO BE BOUND BY THESE TERMS AND SHALL BE DEEMED TO HAVE AFFIXED HIS SIGNATURE TO THESE TERMS IN TOTAL AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS MENTIONED HEREIN. BY CLICKING ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL CONSENT TO BE BOUND BY THESE TERMS. THE CUSTOMER SHALL ENSURE THAT HE HAS READ AND UNDERSTOOD ALL THESE TERMS BEFORE HE USES THE PLATFORM. IF THE CUSTOMER DOES NOT ACCEPT ANY OF THE TERMS, THEN THE CUSTOMER SHALL NOT USE THE PLATFORM OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREUNDER. THE CUSTOMER’S ACCEPTANCE OF THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN THE CUSTOMER AND THE PLATFORM PROVIDER IN RESPECT OF THE USE OF, AND THE SERVICES PROVIDED ON THE PLATFORM.

NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

2. Definitions

2.1. “Applicable Law” means any statute, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, statutory directive, guideline, requirement or other governmental restriction, or any decision of, or determination, interpretation or policy, having the force of law, by or of any court of law or any governmental authority including any entity exercising executive, legislative, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality, having jurisdiction over the matter in question, in effect at the relevant time, in any applicable jurisdiction, including but not limited to the Motor Vehicles Act, 1988 and the Information Technology Act, 2000 and all rules, guidelines and regulations made thereunder or which pertain to vehicle repair services.

2.2.”Authorised Service Centre” means and includes the Authorized Service Centres appointed by Ashok Leyland for providing services to the Ashok Leyland vehicles.

2.3 “Breakdown” means breakdown of the Vehicle of the Customer.

2.3. “Business Day” means any day of the week (excluding Saturdays, Sundays and public holidays) on which commercial banks are open for general business in Chennai.

2.4. “Confidential Information” means and includes all business or technical information (whether in digital form or otherwise) of the Platform Provider, whether it is received, accessed or viewed by the Customer or any of his employees, workers, Workshops, etc, in writing, visually, electronically or orally, all technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, specifications, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, identity of or details about actual or potential customers or projects, techniques, inventions, discoveries, know-how and trade secrets, identity of the Platform Provider, including the charges or fee related information available on the Platform.

2.5. “Claims” means and includes any demand, action, cause of action, damages, loss, costs, charges, liability or expense, including without limitation reasonable professional fees and costs incurred, loss of opportunity, loss of profits, arising out of or in connection with (a) the Repair Services; (b) the registration of the Customer on the Platform or the use of the Platform by the Customer; and (c) anything arising out of these Terms or in connection with the Platform (as the case may be).

2.6. “Customer” means any Person who has bought an Ashok Leyland Vehicle and who registers himself in the AL Care application either through his Mobile or through his Laptop/Computer and who avails any of the services provided by Ashok Leyland through the AL Care Application.

2.7 “Dealer” means and refers to the authorized Dealer of the Platform Provider

2.7. “Delivery” means the release of the Vehicle by the Dealer’s Workshop/Authorised Service Centre from the r the Workshop’s possession.

2.8. “Deficiency” means any fault, imperfection, shortcoming, defect, deficiency or inadequacy in the quality, nature and manner of Repair Service(s) provided by the Workshop including which is required to be maintained by or under any Applicable Law or in pursuance of the Repair Service(s) provided or otherwise in relation to any Repair Service, and shall not include any delay(s).

2.9. “Driver” ” means in relation to a Vehicle, the person who acts as a steersman of the Vehicle.

2.10. “Estimate” or “Cost Estimate” means the estimate given by the Workshop directly to the Customer to the Customer prior to the Repair Approval by the Customer for the purposes of carrying out the Repair Services in accordance with the terms and conditions as mentioned in these Terms.

2.12. “Vehicle Owner” means a Person, in whose name the Vehicle / Engine stands registered and who has submitted to and is enrolled on the Platform as such or a Person who is duly authorised to operate and give instructions on the Platform for and on behalf of the Vehicle Owner and whose name has been registered in the Platform for the purpose of giving such instruction from the registered mobile number/electronic device/website. Any instruction given from such registered mobile number and/or electronic device or from the website shall be deemed to have been given by the Vehicle Owner or the Vehicle Manager (as the case may be).

2.13. “Vehicle Manager” means a Person who is in control of or who is authorised to operate and give instruction on the Platform for and on behalf of the Vehicle Owner, if the Vehicle Owner is not a natural Person or whose name is registered on the Platform as such.

2.14. “Government Authority” means and includes the Government of India (“GOI”) , or the government of any state of India, province, local bodies or other political subdivision thereof and any governmental, executive, legislative, judicial or quasi-judicial, administrative entity or regulatory agency or authority (including, without limitation, any road transport authority established under any law or regulation), or any ministry, department, board, authority, instrumentality, agency, or commission under the direct or indirect control of the GOI or any political subdivision of any of them or owned or controlled by the GOI, or any of their subdivisions, or any court, tribunal or judicial body within India.

2.15. “Intellectual Property” means and includes all copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); and all other intellectual property rights and equivalent pertaining to the Platform and/or that of a Platform Provider (as the case may be) including the data generated on the Platform (by whatever name called) and also the rights pertaining to hosting or making the Platform available on any app store, device or server;

2.16. “Invoice” means the bill/invoice generated by the Dealer or the Authorized Service Centre for the Repair Service carried out by them and issued to the Customer,

2.17. “Job Card” means the statement prepared by the Workshop, detailing the Cost Estimate on all the Repair Services to be undertaken upon Repair Approval by the Vehicle Owner.

2.18. “Location” means the respective place where each of the Workshops is located.

2.19. “Losses” means and includes all losses, damages, costs, expenses, payments, charges and other liabilities of any nature (including fines, penalties, interest and legal and professional fees whatsoever) whether present or future, fixed or unascertained, actual or contingent.

2.20. “Workshop” means the Dealer’s Workshop or the Workshop of the Authorized Service Centre who provides the Repair Service as mentioned in these Terms and who has submitted to and enrolled on the Platform.

2.21. “Payment Gateway” means the third-party electronic payment service that may be included in the in the Platform in future for authorizing credit card or direct payments processing for all payments to be made under the Platform.

2.22. “Platform/App” means the website application and mobile application known as “Ashok Leyland Care or AL Care” downloaded by the Customer to any electronic device, which provides an online platform for the Customer to access and engage the services of the Workshop for repairs and servicing of vehicles owned/managed by the Customer.

2.23. “Platform Engineer" means any Person appointed by the Platform Provider for the purpose of resolving, settling or adjudicating any dispute arising out of any Deficiency between any of the Parties who are registered on the Platform.

2.24. “Platform Provider” means the owner of the Platform as mentioned in these Terms.

2.26. “Repair Service” means and includes any service provided to fix, repair, maintain, assemble any parts or components into or restore the Vehicle or any parts or component thereof, provided by any of the Workshops.

2.27. “Service Request” means any request made by the Customer on the Platform for the purpose of availing the Repair Service.

2.30. “Spare Parts” means any replaceable component or sub-assembly unit which is used for repair or replacement of failed units.

2.32. “Standard Services” means the Repair Service(s) that shall be notified by the Platform Provider to the Dealer from time to time.

2.33. “Tax” means any present or future tax, levy, impost, duty, stamp tax, charge, fee, deduction or withholding of similar nature wherever imposed, levied, collected, withheld or assessed by any Government Authority pursuant to the Applicable Law including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same.

2.34. “Terms of Use and Privacy Policy” means the terms of use of the Platform and the privacy policy of the Platform Provider as available on the website of the Platform Provider as well as in the mobile application of AL Care.

Interpretation

3.1 The headings and titles herein are used for convenience of reference only and shall not affect the construction of these Terms;

3.2 References to one gender include all genders;

3.3 Other than specifically provided, references to Clauses, Annexures are references respectively to the clauses of or to these Terms;

3.4 In these Terms unless the context thereof otherwise requires, any reference to any statute, rules, ordinances or other Laws shall be deemed to include any amendment, replacement or modification thereof;

3.5 Words in the singular shall include the plural and vice versa;

3.6 Unless otherwise expressly stated, the words “herein”, “hereof”, and “hereunder” and other words of similar import refer to these Terms as a whole and not to any particular Clause or section or other subdivision of these Terms;

3.7 When any number of days is prescribed in these Terms, the same shall be reckoned inclusive of the first and the last day unless the last day does not fall on a Business Day, in which case the last day shall be the next succeeding day which is a Business Day;

3.8 References to persons shall include individuals, body corporates (wherever incorporated), unincorporated associations and partnerships;

3.9. References to an “agreement” or “document” shall be construed as a reference to such agreement or document as the same may have been amended, varied, supplemented or novated in writing at the relevant time in accordance with the requirements of such agreement or document and, if applicable, of these Terms with respect to amendments;

3.10 All annexures and exhibits to these Terms form an integral part of the Terms and are legally binding on all the Parties.

3.11 All annexures and exhibits to these Terms form an integral part of this document and are legally binding on all the Parties.

4. Description of Platform

4.1. The Platform is an online based application/mobile based application owned and developed by the Platform Provider wherein the Platform Provider list his Dealer’s Workshop/ Dealer outlets/Retail parts store in the Platform and the Customer to avail and engage the services of the Workshop for repair and maintenance of the Vehicles by making a Service Request through the Platform.

4.2. The Customers and the Workshops shall be linked via the Platform which shall be downloaded and installed on their respective electronic devices through which the Customer shall avail and engage the services of the Workshop for repair and maintenance of the Vehicles.

4.3. The Customer hereby agrees, acknowledges and confirms that (a) the sole responsibility and liability for providing the Repair Services including any Deficiency, delay, etc. or Loss arising therefrom or in connection therewith shall be of the Workshop and not of the Platform Provider in any event; and (b) the Platform Provider is merely providing a meeting place and is not providing any other services or warranting any services whatsoever.(c) The customer authorizes the Platform Provider to share all information that the Customer enters/provides in the App/website with the Dealer or Ashok Leyland authorized third party service provider to meet any service request raised by the customer. (d) The Customer hereby agrees and accepts that the Platform Provider shall not be liable or responsible to the Customer or to any third parties for any claims that Customer may have against the third-party service provider.

5. Registration

For the purposes of accessing the Platform on his electronic device, the Customer shall be required to register himself with the Platform Provider in the manner specified below and subject to the terms and conditions:-
1. Registration in App (Login creation and Vehicle addition to a login)
2. Service Booking with booked service history viewing
3. Service History viewing (Summary and Detailed)
4. Vehicle details viewing
5. Provision to tag pictures of important documents under various categories
6. View and locate Service dealer locations.
7. Share your location in case of emergency with AL call center team
8. View Ashok Leyland Limited important office address and contact numbers
9. View important service product circulars from Ashok Leyland Limited
10. You understand, acknowledge and agree that:
11. You must be an AL customer with a legally purchased AL vehicle.
12. You may only use the Application on mobile devices and operating systems that are authorized/recognized by AL as being eligible to receive the Service.
13. You will only use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered devices belonging to you.
14. You will at all times comply with and be bound by the Terms and Conditions.
15. You will at all times comply with (and your use of the Service and the Application will at all times be in compliance with) all applicable laws, rules and regulations, including, without limitation, and you will not allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/ or distribution would be contrary to local laws, rules and/or regulations. It is your responsibility to comply with all local laws, rules and/or regulations.
16. You may only use the Application for the purpose of accessing ASHOK LEYLAND LIMITED, its Authorized Dealers, its Affiliates or its Licensors services and for no other purpose whatsoever.
17. You will compensate us in respect of any damages suffered by us 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 connected 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 willful misconduct by or on behalf of you.
18. Use of the Service (including the Application) 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.
19. The Service is provided as a convenience to you. The information accessible through the Service is more limited than the information available with the AL or its AUTHORIZED DEALERS in electronic or hard form and does not constitute an official record for the information to which it pertains.
20. You will comply at all times with all technical and security requirements which we establish regarding the Service.
21. In the event that you fail to comply with the Terms and Conditions or you are no longer the owner of a AL vehicle, all rights granted to you in relation to the Application and the Service shall immediately come to an end and you will immediately uninstall the Application and destroy all copies of the Application. AL, its affiliates, its licensors or its Authorized Dealers shall not be responsible in any way for the use of the Application by you after you cease to be an owner of the AL vehicle.

You will not:
1. Alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part.
2. 2. Merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application.
3. 3. Use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof.. License, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application or the Service, or any part thereof, or the information contained therein, to any other party.
4. 5. Copy the Application or the information accessible through the Service onto any public or publicly accessible network or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever.
5. 6. Remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service.
6. 7. Use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person.
7. 8. Cause damage to any of the websites, servers, systems or equipment used in the provision of the Service by AL, its Authorized Dealers, its Authorised Service Centre or any other third party, and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service; and will in all cases indemnify and hold harmless AL , its affiliates and its Authorized Dealers and Authorised Service Centre from any and all Claims in respect thereof.

Access
1. You understand and agree that you are solely responsible for all orders, instructions and information entered through or electronically transmitted to us through the Service using your CHASSIS number/Registration number/Engine number, sign-on mPIN, and/or mobile number, and you accept that all such orders, instructions and data transmissions are undertaken at your own risk. Neither AL , nor any of its affiliates or licensors, nor the Authorized Dealers of AL nor the Authorised Service Centre of AL is liable for any error made by you in entering any details or providing any orders or instructions when you use the Service. You agree that AL and its Authorized Dealers, Authorized Service Centre shall be entitled to rely upon orders and instructions received when entered using your CHASSIS number /Registration number/Engine number, sign-on mPIN, and/or mobile number. You understand that once your CHASSIS number /Registration number/Engine number, sign-on mPIN, and/or mobile number have been entered in a given session, you will take all necessary precautions to prevent unauthorized access to your AL CARE account(s). ASHOK L or its Authorized Dealers may rely on all instructions and any other communications given or entered by you or anyone else using your AL account, and you will be bound by any agreement entered into an act undertaken by AL , its Licensors, its Affiliates or its Authorized Dealers or Authorised Service Center in reliance on such orders, instructions and communications. Without limiting the generality of the foregoing, you will be responsible for all instructions received by AL , r its Authorized Dealers or its Authorized Service Centre between the time you first pass the secured log-in procedure until the time you log-out of the Application. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device/ laptop/computer unattended while you remain logged into the Application and delete the mPIN (which remains saved as a functionality) after you have logged out
2. You must always keep confidential, and will take all necessary precautions to ensure the confidentiality and security of all of your access credentials, including your Chassis number /Registration number/Engine number, mPIN, mobile number, access codes, personal identification numbers, other security code numbers, and will take all necessary precautions to prevent unauthorized access to the Service. You will NOT divulge your Access Credentials to anyone, - including family members, friends, employees, bookkeepers or anyone else.

You will not:
1. write your Access Credentials down.
2. keep a poorly disguised record of them.
3. keep your Access Credentials together with your vehicles Registration Certificate or details of the Chassis, registration number, Engine number and/or mobile number.
4. save your Access Credentials in your mobile device.
5. Respond to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your vehicle or your AL CARE account. WE WILL NEVER SEND YOU UNSOLICITED TEXT MESSAGES OR EMAILS ASKING FOR YOUR ACCESS CREDENTIALS. We will never ask you to validate or restore your account or AL mobile application access through unsolicited text messages or emails. AL and its Affiliates shall not be made liable if in case your credentials are misused by any person, as the safe - keeping of credentials is solely your responsibility.
6. In the event that you suspect or immediately upon becoming aware that someone else knows or may have unauthorized access to your Access Credentials, or in the event of any other attempted or actual unauthorized access to the service, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately change your credentials or notify AL. In any event, AL, its Affiliates, Authorized Dealers and Authorized Service Centres shall not be responsible for the use of your Application or your Access Credentials, including but not limited to unauthorized access and use of the Service on account of loss, theft, misuse, sale etc. of your mobile device/laptop/computer.
7. You must review your instructions, communications, appointment details and information shared by you on a regular basis and report any errors in a timely manner. You will notify AL or its Authorized Dealers immediately upon receipt of any confirmations of acts or appointments that were not placed by you or someone whom you have authorized to do or book in your account(s), and in the event that you do not receive confirmations for the acts or appointments that you did place.
8. If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your AL CARE account confirmed by use of your Chassis number/ Registration Number/Engine number, sign-on mPIN and/or mobile number. You agree to assist us in any investigation into improper access to your accounts.
9. The Vehicle Owner/Vehicle Manager shall submit to the Platform Provider his legal name in full (in case the Vehicle Owner is an entity, its corporate name), contact details, address of office, email ID, Vehicle details, Driver’s contact information and any other information or data (as the case may be) that the Platform Provider may require in order to create an online account for the Customer on the Platform.
10. Such other criteria and terms and conditions as the Platform Provider may deem fit from time to time.
11. The Platform Provider shall be entitled to ask for and store any additional information or details pertaining to the Customer in order to extend further services or as an additional requirement to enable the continuation of the existing Repair Service(s).
12. The Platform will then generate a unique login ID and password for the Vehicle Owner/Vehicle Managers and the Drivers respectively that may be used to access the various functions provided by the Platform. The Platform Provider, at its sole discretion, shall be entitled to refuse or reject or not accept the registration of any Customer on the Platform without assigning any reason or without any liability.
13. The Customer shall ensure and restrict access to such login ID, password, and account to their respective employees and agents as may be reasonably necessary consistent with the purposes of these Terms and shall ensure that each such employee and agent accessing and using such login ID, password, and account is aware of and otherwise complies with all applicable provisions of these Terms regarding such use and access.
14. The Customer shall be solely liable and responsible for maintaining the security of the login ID and password generated on the Platform and shall not disclose their login details and password to any unauthorized third party and shall be solely liable and responsible for any use of or action taken under their respective login account on the Platform. The Customer shall ensure that he shall use/access the Platform solely through his respective registered login account on the Platform.
15. Upon any breakdown, malfunction, failure or inoperability or other servicing requirements of the Vehicle or any of its parts or components, the Vehicle Owner / Manager shall make a Service Request on the Platform.
16. Once the Vehicle Owner makes a Service Request, the Workshop chosen by the Vehicle Owner/Manager will be notified and the Repair Service shall be provided to the Vehicle.

Inspection of Vehicle by the Workshop:
1. Upon confirmation by the Workshop of the Service Request referred above, the Vehicle Owner/Vehicle Manager shall ensure coordination with the Workshop so that the Vehicle Owner/Vehicle Manager may bring the Vehicle to the Workshop for the purpose of availing any Repair Service.
2. In case of a Breakdown, the Customer shall directly interact with the Workshop for the services to be availed by him.
3. To access the Platform and/or use of the Platform, the Customer shall accept all the terms and conditions laid down in these Terms and also the Terms of Use and Privacy Policy without any change. By registering as a Vehicle Owner / Vehicle Manager on the Platform or using the Platform, the Customer agrees to be bound by all the terms and conditions of these Terms and the Terms of Use and Privacy Policy.

Nature of Services
1. To access the Platform and/or use of the Platform, the Customer shall accept all the terms and conditions laid down in these Terms and also the Terms of Use and Privacy Policy without any change. By registering as a Vehicle Owner / Vehicle Manager on the Platform or using the Platform, the Customer agrees to be bound by all the terms and conditions of these Terms and the Terms of Use and Privacy Policy.
2. The Customer hereby agrees and acknowledges he shall only avail through the Platform the Repair Services as provided by AL authorized workshops and no other service of any nature..
3. The Vehicle Owner / Vehicle Manager shall approve the specific Repair Service(s) on the Platform and only then may the Workshop perform such specific Repair Service(s). The Customer shall not expect any other services to be provided by the Workshop save and except for the Repair Service(s) approved by the Vehicle Owner / Vehicle Manager (as the case may be).
4. The Customer agrees and understands that the Repair Service does not and shall not include any selling or sourcing or procuring of Spare Parts for the Vehicle and the Platform Provider does not provide any assurance or guarantee or warranty in relation to the Spare Parts.

Services outside the Platform
1. The Customer hereby agrees and acknowledges that it shall not seek or avail of any services other than the Repair Service(s) as listed in Annexure 1 and Annexure 2 through or using the Platform from the Workshop at any time while it is registered with the Platform.

Acceptance of Service Contract
1. The Customer hereby agrees and acknowledges that these Terms shall apply to all Service Requests made by the Customer and accepted by any of the Workshop(s) enrolled on the Platform.

Possession of Vehicles
1. The Customer shall be liable and responsible for the security of the Vehicle and the goods inside the vehicle at all times (as the case may be) and in no manner shall the Platform Provider be liable for the security and safety of the Vehicle at any time.
2. The Platform Provider shall not be liable or responsible for any loss arising out theft or damage of the Vehicle at any time.

List of Part Retailers in AL Care Mobile App/Website
1. The Customer hereby agrees and acknowledges that a list of the Part Retailers in the AL Care Mobile app/website is provided only for convenience purpose and in no event shall the Platform Provider be liable to supply, procure or transport Spare Parts or be liable for the genuineness of the Spare Parts or provide any warranty for the Spare Parts and Customer shall be solely responsible for procuring the Spare Parts whether from the Parts Retailer or any other source.

Deficiency in Service
1. The Platform Provider shall not be liable or responsible for any Deficiency of the Repair Service undertaken by the Workshop in respect of the Vehicle.
2. Any Claims against the Workshop shall be solely addressed to the Workshop and no other person.
3. Notwithstanding anything to the contrary contained in these Terms, any agreement or document, the Workshop shall be solely liable and responsible for any and all Deficiency. In no event shall the Platform Provider be held liable or responsible for any reason whatsoever for any Deficiency or delay in providing service. Without prejudice to e its rights against the Workshop under law, the Customer may exercise any of the following rights in case of any Deficiency and for which the Workshop shall be solely responsible and liable:
4. In the event the Vehicle Owner/Driver is of the opinion that there has been a Deficiency in the Repair Service undertaken by the Workshop is respect of a Vehicle, the Vehicle Owner shall be entitled to make a complaint for such Deficiency (“Complaint”) .
5. The Complaint should be generally made within a period of 15 (Fifteen) days from the date of Release of the Vehicle.
6. For the purpose of making the Complaint the Vehicle Owner shall have an option to contact the Platform’s customer care service and lodge a Complaint against the Workshop for Deficiency in the Repair Service.
7. In such an event, the Customer shall be required to bring his Vehicle to the Workshop and resolve the dispute directly with the Workshop where he has availed the Service.

Goods on the Vehicle(s)
1. Prior to acceptance of the Vehicle for Repair Service, the Customer shall offload and ensure that all the freight goods on the Vehicle is offloaded and the possession whereof is taken by the Driver.
2. he Customer hereby agrees and acknowledges that the Workshop shall not be responsible for storing or housing any such Goods/Freight at his premises or making arrangements for the Driver to house the goods/freight.
3. The Customer shall be solely liable and responsible as between the Customer and the Platform Provider, for the goods/freight on the Vehicle at all times prior to the Vehicle being given in the possession of the Workshop.
4. The Platform Provider shall, in no event, be liable or responsible for the goods/freight on the Vehicle, including any Loss arising out of any theft, damage, etc thereof.

Term and Termination
1. These terms and conditions shall be valid from the time the Customer signs on into the Mobile App/Website through his password.
2. These Terms may be terminated at any time: -
  1. by mutual written consent of both the Parties; [Or]
  2. by the Platform Provider, at its sole discretion, without notice, if there has been a breach of any of the terms and conditions of these Terms by the Customer, in the sole opinion of the Platform Provider; [Or]
  3. By the Platform Provider without notice if the Customer misuses the password/OTP.
3. Upon termination of the Terms in accordance with the provisions of this Terms and conditions:-
  1. all rights and obligations of the Parties under the Terms shall be extinguished, except that all payment obligations to be made by the Customer to the Authorized Dealer/Authorized Service Centre or the Platform Provider shall survive such termination.
  2. The obligations of either Party which, in accordance with the terms of these Terms, have arisen before or arise at or after expiration or termination of these Terms, shall survive the expiration or termination of these Terms, including, but not limited to obligations pertaining to payments, indemnity, confidentiality, notice provisions and governing law/ dispute resolution provisions.
  3. Notwithstanding anything contained herein, The Platform Provider may suspend and/or terminate the Customer’s right to access the Platform without notice and the Platform Provider shall not be liable for such suspension or termination without notice

Representations and Warranties:
1. The Customer hereby represents and warrants that:-
  1. The Customer is legally capable of entering into and forming contracts and assuming contractual obligations under all Applicable Laws and has all requisite right, power and authority to perform its obligations under the Platform.
  2. The Customer has read, understood, agrees with, and shall abide by the terms and conditions laid down in these Terms.
  3. The use of any information or date provided and entered into the Platform by the Customer as contemplated by under these terms and conditions and the Platform shall not infringe upon any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights or rights of publicity.

Intellectual Property
1. Other than specifically provided in these Terms, no right or license is granted to the Customer under any Intellectual Property of the Platform Provider, including any patent or patent application and no other right or license to use Confidential Information is granted hereby. The Services provided by the Platform Provider to the Customer shall in no manner be construed, in any way to confer/grant/license any right over any Intellectual Property of the Platform Provider.
2. All content on the Platform including but not limited to the text, music, sound, photograph, videos, graphics and images are governed and protected by the Indian Copyright Act, 1957 and subsequent amendments, the Trademark Act, 1999 and the subsequent amendments, and other all laws relating to Intellectual Property.
3. None of the content on the Platform may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the Platform Provider.
4. All Intellectual Property of the Platform Provider used on the Platform (including but not limited to the corporate names and logos of the Platform Provider) are trademarks or registered trademarks of the Platform Provider or its Affiliates. The Customer shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such Intellectual Property of the Platform Provider in any way, including in advertising or publicity or on any other website or network computer environment, without the express prior written consent of the Platform Provider.

Links to Third Party Websites:
1. The Platform may include links to third party websites which are controlled and maintained by third party service providers. The Customer hereby agrees and acknowledges that these links are included solely for the convenience of the Customer and do not constitute any endorsement by the Platform Provider of the sites linked or referred to, nor does the Platform Provider have any control over the content of any such sites, links or webpages.
2. The Customer shall not use the name of the Platform Provider or any language, pictures or symbols which could, in the sole discretion of the Platform Provider, imply any endorsement of such third party service providers by the Platform Provider in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without the prior written consent of the Platform Provider.

Confidentiality:
1. During the term and for a period of 3 (three) years following the termination of these Terms, the Customer hereby agrees not to disclose any Confidential Information of the Platform Provider without the prior written consent of the Platform Provider.
2. The Customer hereby undertakes to prevent the disclosure of Confidential Information to any third party, using the same standard of care that it employs with its own confidential information of similar character. The Customer shall limit internal dissemination of Confidential Information within its own organization to individuals whose duties justify the need to know such information; provided that there is a clear understanding by such individuals of their obligation to maintain the confidential status of such information and to restrict its use solely to the purposes of these Terms specified herein.
3. Confidential Information does not include information:
  1. a Party can show to have been in its possession at the time the information was received by it;
  2. which is publicly available at the time it is disclosed to the recipient by the discloser or which later becomes so available other than as a result of the recipient’s action or inaction;
  3. which becomes known to the recipient from a third party entitled to possess and share it and whom the recipient does not know, after reasonable inquiry, to be bound by an actual obligation of trust or confidence to the discloser or any other Person with respect to such information;
  4. which is required to be disclosed under Applicable Law.
4. The Customer hereby acknowledges that all Confidential Information and any documents and digital materials setting forth any of the Platform Provider’s Confidential Information will be and remain the property of the Platform Provider with respect to that portion of such document(s) or material(s) that include or reference such Confidential Information.
5. The Customer shall ensure that its respective officers, directors, employees, agents and representatives (and any other Person to whom the Customer shall be permitted to provide Confidential Information under the terms of this Clause 19 ) shall maintain the confidentiality of the Confidential Information provided in accordance with the terms of these Terms and shall be responsible for any breach of this Clause 19 by such parties. Nothing set forth in this Clause constitutes consent by the Platform Provider to disclosure of Confidential Information by the Customer to any third party.
6. Upon expiration or termination of these Terms, the recipient of Confidential Information shall promptly return to the disclosing party all originals and copies of the disclosing party's Confidential Information and destroy any materials or data containing or derived there from, including hard copy and electronic records, and will purge from all computer and/or mobile storage devices any images or copies of such Confidential Information and materials (backup copies shall be deleted or destroyed in the ordinary course of business) except that the recipient may retain one (1) record copy of the Confidential Information for legal archival purposes.
7. The Customer shall be solely responsible for keeping its login ID, passwords, accounts on the Platform, One Time Password (OTP), verification codes issued by the Platform, if any, any credentials, bank account related details and/or information pertaining to the Customer confidential.
8. The Customer hereby agrees and acknowledges that a set of login ID and password is unique to the Customer’s use of the Platform and the Customer shall not share, assign or permit the use of his/its login ID and password to any other Person. The Customer hereby acknowledges that sharing of his/its login ID and password with any other Person (collectively, "multiple use") may cause irreparable harm to the Platform.
9. In no event shall the Platform Provider be liable for any Claims or Losses arising out of any unauthorized usage of such Confidential Information.
10. If the Customer is a business entity, the Customer hereby agrees that all its officers, employees, agents, representatives and others having access to the login ID and/or password to access the Platform have been duly authorized by the Customer to use the Platform on behalf of the Customer and to legally bind the Customer. The Customer shall be solely responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by the Customer, that access the Platform using the Customer’s login ID and password. The Customer hereby agrees that the Customer shall be the sole beneficial owner of the account created on the Platform in this respect, and conduct business only on behalf of itself.

Indemnity
1. The Customer hereby indemnifies and keeps indemnified the Platform Provider and their respective Affiliates, officers, directors, employees, contractors, agents and representatives (collectively, “Provider Related Parties” and, individually, a “Provider Related Party”) from and against any and all Losses arising out of, based upon, or resulting from any of the following:
  1. Any breach, default or non-fulfillment by the Customer of any of its covenants, agreements, or other obligations contained in or made pursuant to these Terms (including any failure to make any payments to the Platform Provider and/or the Workshop under the payment obligations).
  2. Any violation of Applicable Law by the Customer, or any claimed or actual act, omission or negligence of the Customer, its officers, directors, employees, contractors, agents or representatives, whether or not occurring within the scope of their employment, including, without limitation, claims of injury to or death of any Person, damage to property, in each case to the extent related to the transactions contemplated under these Terms or any associated Service Request(s), whether arising under Applicable Law or any associated regulatory scheme.
  3. Any claim of injury or death of any person for which the Customer is obligated to pay and/or to provide to its contractors, agents, representatives or employees worker’s compensation benefits, regardless of the lack of negligence or any wrongful act, or whether such claim arises under product liability, tort, contract, or other Applicable Law.
  4. Any claim made by the Customer against the Workshop with regard to any loss caused, or damages incurred by the Customer (including by way of theft of the Vehicle) at the time when the Vehicle was entrusted with the Workshop for Repair Services or Standard Services.
  5. The Customer shall be solely responsible for any and all activities that occur under its account on the Platform and hereby indemnifies and keeps indemnified, defends, and holds harmless the Platform Provider for any Loss or liability or expense arising from such use or misuse. The Customer hereby agrees to immediately notify the Platform Provider of any unauthorized use of its account or any other breach of security known to the Customer.

Force Majeure
1. The Platform Provider shall not be responsible for any damages or for delays or failures in performance or provision of Repair Service(s) resulting from acts or occurrences beyond its control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any Government Authority or legal body or any representative of any such Government Authority or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to procure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common intermediaries.

Disclaimer and Limitation of Liability
1. The Customer hereby agrees and acknowledges that the Repair Services provided through the Platform are on "as is" and "as available" basis. The Platform Provider disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. The Platform Provider makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Repair Services or any other services requested through the use of the Platform, or that the services will be uninterrupted or error-free. The Platform Provider does not guarantee the quality, suitability, safety or ability of any third-party providers, including Parts Retailers. The Customer hereby agrees that the entire risk arising out of its use of the Platform, and any service requested in connection therewith, remains solely with the Customer, to the maximum extent permitted under Applicable Law.
3. Under no circumstances shall the Platform Provider be liable for any damages that result from the use of or inability to use the Platform, including but not limited to reliance by the Customer on any information or content obtained from the Platform that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, unauthorized access to the Platform Provider’s records, programs, or services, or otherwise.
4. In the event of a dispute between the Customer and the Workshop and/or the Customer and the Parts Retailer, the Customer hereby releases the Platform Provider and its Affiliates, officers, directors, agents, and employees from any Claims, Losses, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5. The Customer hereby agrees and acknowledges that this Limitation of Liability clause shall apply to all content, merchandise, and services available through the Platform.
6. In no event shall the Platform Provider or any of its Affiliates be liable for any indirect, consequential, special, incidental or punitive damages arising out of the Customer’s access to, or use of, the Platform or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever.
7. Except in connection with gross negligence, willful misconduct or a breach of confidentiality under the Terms, the aggregate liability of the Platform Provider for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of these Terms and the Customer’s use of the Platform and the content thereon shall be limited to and shall not exceed fees paid by the Customer for the Repair Services with the Authorized Dealer or Authorized Service Centre in aggregate. The Platform Provider shall be entitled to terminate the Terms with written notice to the Customer if the liability of the Platform Provider under these Terms exceeds the monetary cap specified in this Clause.

Taxes
1. The Customer shall be liable to bear and pay all applicable Taxes including GST,, gross receipts, excise, occupation, value-added, and other transaction- based taxes, duties, levies, tolls, surcharges and fees that may be imposed in the course of the Repair Services availed from the Workshop or otherwise arising from any online payment transactions as a result thereof.

Amendments
1. The Platform Provider shall be entitled to amend, modify, vary the terms of these Terms, including any increase in fees or liability of the Customer at any time during the Term upon written or electronic notice to the Customer, which shall be deemed to have been accepted by the Customer.
2. In the event the Customer does not agree to such amendments, modifications, variations, the sole remedy of the Customer shall be to immediately terminate the Terms upon at least 60 (sixty) days prior written notice to the Platform Provider.

Governing Law and Jurisdiction
1. These Terms are governed by and shall be construed in accordance with the laws of India.
2. The Parties agree that the courts and tribunals in Chennai shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms.

Dispute Resolution
1. Notwithstanding the jurisdiction of the Courts, any disputes arising out of or relating to any matter concerning these Terms or the rights or obligations of the Parties hereunder shall be referred to arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration panel shall consist of a sole arbitrator to be appointed by the Platform Provider (“Sole Arbitrator”). The language of arbitration shall be English. The seat and venue of arbitration shall be Chennai. The award of the Sole Arbitrator shall be final and binding on the Parties. The Customer shall be solely liable to pay all costs and expenses of the arbitration including all legal costs of the Platform Provider.

Relationship
1. It is clearly understood that the Parties to these Terms have confirmed their acceptance of the Terms on a principal to principal basis. These Terms do not purport to create any agency, partnership or joint venture or any other similar relationship between the Parties. The Vehicle Owner shall be solely responsible for the wages, statutory liabilities and other actions undertaken by its workmen, drivers, officers, directors, employees, contractors, agents or other representatives.

Miscellaneous
1. Assignments: The Customer hereby agrees and undertakes that he shall not in any event, assign these Terms nor any interest in it, nor any of the rights hereunder, directly or indirectly.
2. No Waiver: The Customer agrees that the failure of the Platform Provider at any time to enforce any of the provisions of these Terms or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of these Terms or any part thereof or the right of Platform Provider to enforce thereafter any such provision.
3. Severability: If any provision of these Terms or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent in the eyes of the law for the time being in force and any amendments thereto, the remainder of these Terms and/or the application of any such provision (as the case may be) to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
4. Complete Agreement: These Terms contain every obligation and understanding between the Parties relating to the subject matter of these Terms and supersedes all prior discussions negotiations and agreements, if any between them and neither Party shall be bound by any conditions, definitions, understandings, warranties or representations relating to the services other than as expressly provided or referred to in these Terms.
5. Information: We provide information, including but not limited to, iAlert, service due reminders etc. (collectively, the Information) to you under a license. This Information is indicative only. You may not redistribute or re-sell any Information which you obtain through AL CARE. All intellectual property rights owned by third parties in any Information provided by third parties shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for any Information provided by third parties and make no representations or warranties that such Information will be accurate or timely. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third-party licensors. The information and record provided vide this platform is solely for your personal reference, records and convenience. The information shall not be circulated openly and the user shall maintain the information in a very restricted manner.
6. The Chassis listed are the chassis which are tagged to the customer code of chassis given during registration. Customer needs to delete or inform AL about the mis- tagged chassis and he/she should not use the information of such chassis without AL approval.
THESE TERMS APPLY TO THE CUSTOMER’S VISIT TO AND USE OF THE PLATFORM THROUGH AN ELECTRONIC DEVICE, AS WELL AS TO ALL INFORMATION, RECOMMENDATIONS AND OR SERVICES PROVIDED TO THE CUSTOMER ON OR THROUGH THE PLATFORM. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES, HOWEVER, ONCE THE CUSTOMER HAS CLICKED ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL HAVE DEEMED TO HAVE GRANTED HIS CONSENT TO BE BOUND BY THESE TERMS AND SHALL BE DEEMED TO HAVE AFFIXED HIS SIGNATURE TO THESE TERMS IN TOTAL AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS MENTIONED HEREIN.

BY CLICKING ON THE “I ACCEPT” BUTTON ON THE PLATFORM, THE CUSTOMER SHALL CONSENT TO BE BOUND BY THESE TERMS. THE CUSTOMER SHALL ENSURE THAT HE HAS READ AND UNDERSTOOD ALL THESE TERMS BEFORE HE USES THE PLATFORM. IF THE CUSTOMER DOES NOT ACCEPT ANY OF THE TERMS, THEN THE CUSTOMER SHALL NOT USE THE PLATFORM OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREUNDER. THE CUSTOMER’S ACCEPTANCE OF THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN THE CUSTOMER AND THE PLATFORM PROVIDER IN RESPECT OF THE USE OF, AND THE SERVICES PROVIDED ON THE PLATFORM.

Annexure 1 – List of Standard Services :

Scheduled Services
Non Schedules Services

Annexure II – Nonstandard Jobs:
1. Accident repair
2. Body building services
3. Pre-delivery Inspection
4. Pre-Sale Service
5. Fitness check

TERMS OF USE AND PRIVACY POLICY

Ashok Leyland Limited (“the Platform Provider”, “we”, “us”, “our” “AL” or “Company”) is the owner, proprietor and operator of the ‘Ashok Leyland Care/AL Care’ website (alcare.ashokleyland.com) and mobile application available on the Google Play Store (“Platform”). The Platform Provider is the sole and absolute owner of this new digital initiative platform called ‘Ashok Leyland Care/AL Care’ with a view to cater to the Service needs of Customers of AL, and provide one stop solution to AL Customer which includes Service Booking, Service Alerts, I-Alert Subscription renewal etc.

PART A - TERMS OF USE

This page represents our Terms of Use ("Terms") regarding our Platform. We may amend these Terms at any time by posting the amended terms on the Platform. We may or may not post notices or give notifications on the Platform when such changes occur. We refer to these Terms, our Privacy Policy (as provided hereinafter) and the Terms and Conditions for Customers accessible at alcare.ashokleyland.com and any other terms, rules, or guidelines on our Platform collectively as our "Legal Terms." The terms, “You” and “Your” “Customer” as used in these Terms refer to the user who accesses the Platform either through the Mobile App or through the website of the Platform Provider. You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Platform. If you do not wish to be so bound, please do not use or access our Platform.

1. Limited License

The Platform Provider grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Platform for you to use the services listed on our Platform across India for servicing and repairs of legally purchased AL vehicles and other related services through our Platform, strictly in accordance with our Legal Terms.

2. Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Platform are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by the Platform Provider. Nothing on our Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Platform, without the prior written permission of the Intellectual Property owner. The Platform Provider aggressively enforces its intellectual property rights to the fullest extent possible under the law. The names and logos of the Platform Provider, may not be used in any way, including in advertising or publicity pertaining to distribution of materials or provision of any services on our Platform, without prior, written permission from the Platform Provider. The Platform Provider prohibits use of any logo of the Platform Provider or any of its Affiliates as part of a link to or from any Platform unless the Platform Provider approves such link in advance and in writing. Fair use of the Platform Provider’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned on our Platform may be the Intellectual Property of their respective owners.

3. Links to Third-Party Websites

Our Platform may contain links to websites owned or operated by parties other than the Platform Provider. Such links are provided for your reference only. The Platform Provider does not monitor or control outside websites and is not responsible for their content. The Platform Provider’s inclusion of links to an outside website does not imply any endorsement of the material by our Platform or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the Platform Provider’s inclusion of the links imply that the Platform Provider is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

4. Content Disclaimer

The Platform Provider is entitled to post on our Platform at such times as the Platform Provider determines in its discretion. You should not assume that the information contained on our Platform has been updated or otherwise contains current information. The Platform Provider does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

THE INFORMATION AND MATERIALS IN OUR WEBSITE AND OUR MOBILE APP ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

5. Service Provider Disclaimer

You understand that we offer the repair services for legally purchased AL vehicles across India for the purpose of servicing and repairing commercial vehicles through our Platform. You will at all times look to any authorised dealer and/or authorised service centre that you select for vehicle repair services/spare parts supply as to any deficiency, queries, claims, losses, etc. related to such services.

6. No Warranties; Exclusion of Liability; Indemnification

OUR MOBILE APP AND OUR WEBSITE IS OPERATED BY ASHOK LEYLAND LIMITED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR OUR MOBILE APP AND ANY PRODUCTS AND SERVICES YOU PURCHASE THROUGH IT. THE PLATFORM PROVIDER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR MOBILE APP, FOR PRODUCTS OR SERVICES SOLD/PROVIDED THROUGH OUR MOBILE APP, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR MOBILE APP OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR MOBILE APP. YOUR USE OF OUR MOBILE APP AND ANY PARTS, PRODUCTS, COMPONENTS PURCHASED OR SERVICES AVAILED ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE PLATFORM PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR MOBILE APP, ANY PARTS, PRODUCTS, COMPONENTS PURCHASED OR SERVICES AVAILED OR PURCHASED THROUGH OUR MOBILE APP, THE DELAY OR INABILITY TO USE OUR MOBILE APP OR OTHERWISE ARISING IN CONNECTION WITH OUR MOBILE APP, ANY PARTS, PRODUCTS, COMPONENTS PURCHASED OR SERVICES AVAILED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE PLATFORM PROVIDER BE LIABLE FOR ANY CLAIM OR LOSS FOR THE TRANSACTION GIVING RISE TO SUCH CLAIM OR LOSS.

WITHOUT LIMITING THE FOREGOING, THE PLATFORM PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE MOBILE APP IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT AT ALL TIMES, YOU WILL LOOK TO THE MECHANICS, SPARE PARTS RETAILERS, DEALERS AND/OR MANUFACTURERS FROM WHOM YOU PURCHASE/AVAIL ANY GOODS AND/OR SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. THE PLATFORM PROVIDER AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT ANY PRODUCTS, PARTS, COMPONENTS AND/OR SERVICES OFFERED THROUGH OUR MOBILE APP.

THE PLATFORM PROVIDER MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR MOBILE APP ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

7. Indemnification

You hereby agree to defend, indemnify and hold the Platform Provider harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Platform or any products, parts, components and/or services you purchase or avail through it.

PART B - PRIVACY POLICY

This Privacy Policy explains how we work with, collect, use, share and protect information in relation to our Platform and any other service provided on or in connection with our Company (hereinafter collectively referred to as “Services”). Our Privacy Policy is applicable to all visitors, users and any other person (natural or legal) who uses the Services, directly or indirectly, and is meant to be read in accordance with the Terms & Conditions with such respective user (as available on our mobile apps and website).

By using our Services, you understand and acknowledge that you will be providing us with personal data, personally identifiable information and other information through our Platform (“User Content”) and provide your consent to us for utilizing the User Content in order to enhance the Services offered to You.

We are committed to ensuring that the User Content shared by You is protected and kept confidential using some of the best data protection and encryption standards.

1. Information Collection and Usage

We believe that Your right to privacy is of utmost importance. We do not collect your personally identifiable information without obtaining Your prior consent. We strive to keep confidential, any and all personally identifiable information that identifies an individual whether or not it relates to an individual’s past, present, or future. We collect information solely for the purposes of providing the Services, marketing and promoting our Services to you and in order to enhance and improve the Services offered to you. In order to improve the Services offered to you and to provide you with a better user experience, we may collect personal information and non-personal information (collectively “Information”) including but not limited to the following:

profile information voluntarily submitted by you for the purposes of registering with us in order to utilize the Services (e.g. first and last name of user, contact number of user, bank account details [Ra(1] [THG(2] of user and other KYC details/documents as required);
data and information in relation to your vehicle, as voluntarily submitted by you while utilizing the Services;
phone call data (related to the Platform team/ customer care), including the date and time of the phone call or SMS message, the parties’ phone numbers, and the content of the SMS message since our Services facilitate communications between the users;
precise location data of each of the users, precise location of your device when the Platform is running in the foreground or background of the device, or your approximate location from your IP address;
any other transaction details related to your use of our Services, including the type of service requested, date and time the Service was provided, amount charged under the Platform, and other related transaction details;
web logs recording data pertaining to you once you have utilized the Services, including but not limited to Internet Protocol (“IP”) address information, operating system information, the date and time of your utilization, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, web history and information pertaining to the device by way of which you have utilized the Services, and other such information;
we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Services in order for us to enhance your overall experience;
we may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or third parties;
Once you have utilized the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and shall include data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by the Platform ("device identifiers");
device identifiers may deliver to us or to our third-party partners, information pertaining to how you browse and use the Services and may help us or others provide reports or personalized content and ads; and
any other User Content voluntarily submitted by you.

In addition to some specific uses of Information as described in these Terms or the Terms & Conditions, we may use the Information in order to:

remember your information so as to save you the time of having to re-enter it during your next visit to the Platform;
test, improve and monitor the effectiveness of the Services enjoyed by you;
provide personalized and custom picked information and content to you, including advertisements and marketing campaigns;
develop, test and enhance new features to be included in the Services, in order to better serve you;
diagnose or fix issues or problems with the Platform or the Services offered to you;

By using the Platform or any of the Services offered to you, you have provided your express consent to us for collecting the Information and using the Information for the purposes of enhancing the Services. [Ra(3] 2. Cookies and Internet Tags

A cookie is a small piece of information which is sent to your computer or your mobile phone. Cookies do not cause any damage or harm to your device. You can accordingly set the browser on your electronic device to notify you upon receiving a cookie. This will enable you to decide if you want to accept such a cookie or not. If you do not accept cookies, you may not be able to use all functionality of the Platform or the Services offered by us. We may use and install ‘cookies’ in order to collect and process information about your use of the Services, such as the site pages you visit, web history and search history. Such information is used by us to help improve the contents of the Platform and the Services and to compile accurate statistics about the usage of our Platform and the Services for internal purposes and for the purpose of enhancing the Services offered to you. We may obtain the services of outside parties to assist us in collecting and processing information collected through cookies.

We may also use internet tags (also known as action tags, web beacons, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) and cookies through the Services and may deploy these tags/cookies through a third-party advertising partner or a web analytical service partner which may be located and may store the respective information (including your IP address) in a foreign country. These tags/cookies may be placed both on online advertisements that bring users to the Services and on different pages of the Platform. Such third-party partner or service partner may be able to collect data about visitors to the Platform and other sites because such internet tags/cookies, may compose reports regarding the website’s activity for us and may provide further services which are related to the use of the Site and the internet. They may provide such information to other parties if there is a legal requirement that they do so, or if they hire the other parties to process information on their behalf.

3. Mobile Devices

When you download or use the Platform or any other applications created or developed by us (e.g., to deliver the Services), we may receive information about your location and other information about your mobile device, including the unique identifier for your device. We may use this information in order to enhance the Services offered to you and also to provide you with location-based services, such as search results and other personalized content. Most mobile devices allow you to turn off location services and you will be able deactivate this feature, however you will be unable to use all the functionality of the Services.

4. Non-Personal Data

We may use non-personal information to analyze data into useful information. This process of data mining is done in the aggregate, is non-personal, and allows the Platform Provider to find correlations and patterns in the data.

We do not provide any personal information to third party sites that display our interest-based ads. However, third parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.

5. Sharing of Information

We will not rent or sell your information to third parties, outside of our company or companies that are legally part of the same group of companies that we are a part of, or become part of such a group (“Affiliates”), without your consent, except as mentioned in this Privacy Policy. We may also share your information and User Content with third-party organizations that assist us in providing the Services to you (including for analyzing data, for providing advertisement assistance, marketing assistance, for processing credit card payments, and for providing customer service) (“Service Providers”). Our Service Providers will be given access to your information, under reasonable confidentiality terms, as is considered reasonably necessary by us in order for us to provide the Services to you, or in order for us to enhance the Services being offered to you. Access to this information will permit them to provide Services more efficiently and effectively to you and to us.

We share protected User Content and personally identifiable information as permitted by law and as authorized by you as described in these Terms, the Terms & Conditions, this Privacy Policy, or otherwise.

In the event we sell or otherwise transfer whole or part of the Platform Provider or any of our assets to another entity, your information collected through the Services may also be part of the assets being sold or transferred (as the case may be). However, such a buyer or transferee will be bound to honor and adhere to the commitments and undertakings made by us in this Privacy Policy.

For example: your IP address may be used to estimate your location and personalize your experience with the Services; we may share information such as IP address, user name, email address and cookie and web beacon information with third parties in order to tailor advertising to our various market segments; aggregate data about IP addresses, pages loaded, time to load pages and errors encountered may be used by third-party performance monitoring and improvement products.

The Platform Provider, its Affiliates or its Service Providers may be required to disclose information, as described in the section below entitled ‘Disclosures Required under Applicable Law’.

6. Storage of Information

We use account information in a password-protected environment as a security measure to protect your data. We use administrative, physical and technical safeguards to protect your information. We maintain a high level of data protection via safeguards such as data backup, audit controls, access controls, and some data encryption. Our Platform and the Services use industry standard TLS encryption to enhance security of electronic data transmission of your information Our Service Provider and payment partner, [Ra(4] who shall provide payment gateway services from time to time, will maintain all applicable PCI DSS requirements to the extent that it has access to, or otherwise stores, processes or transmits cardholder data. Our payment partner is responsible for ensuring the security of your debit card/ credit card/ online wallet /cardholder data that may be stored, processed, or transmitted on you enjoying the Services.

The information may be stored and processed in India or any other country wherein the Platform Provider, its Affiliates or Services Providers (as the case may be) have operations and by way of registering for and using the Services, you have consented to the transfer of your information to jurisdictions outside India. Kindly note that your information may be transferred or transmitted to jurisdictions outside India that may not have the same data protection laws as India. If you consider it necessary, you may appoint and consult a legal practitioner is such jurisdictions in order to gain clarity regarding the data protection laws in such jurisdictions.

In addition, we urge you to take precautionary measures in maintaining the secrecy and integrity of your data. If you use our Platform or Services (as the case may be) through any other potentially non-secure internet connection, such use is at your own risk. Please be responsible in making sure no one can see or has access to your personal account and log-in/password information. If you use a public computer, e.g., at a library or a university, always remember to log out of the Platform or Services (as the case may be).

7. De-Authorization and Ability to Delete your Account Information

You may request to delete any personal information and to de-authorize the collection of personal information in the future by sending us an email at [email protected][Ra(5]

8. Third Party Sites/Trusted Relationships

We are not responsible for the practices employed by other third parties linked on our Platform. Kindly note that once you use a link to go from our Services to any other website or service or mobile application, our Privacy Policy does not apply, and your usage will be subject to such third party’s own rules and policies.

9. Disclosures Required Under Applicable Laws

We disclose personally identifiable information about you as required or permitted by applicable law, including complying with legal process (for example, we may disclose your information in response to a legal request if we have good faith belief that the law requires us to do so). We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities and may, in our sole discretion, disclose personal information or other information to satisfy any applicable laws, regulations, or government requests. We reserve the right to release personal information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Legal Terms, even without a warrant or court order, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate our web site or to protect our rights or property, or that of our affiliates, or our officers, directors, employees, agents, third-party content providers, suppliers, sponsors, or licensors. We also reserve the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful or illegal. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.

10. Changes to this Privacy Policy

We may modify, amend or supplement our Privacy Policy at any point in time, and make such updated Privacy Policy available at appropriate places on the Platform. You are required to continually review the updated Privacy Policy. Your continued use of the Platform or the Services, after any modification to this Privacy Policy will constitute your acceptance of such modification, amendment or supplementation.

11. Contact Us

Should you require any clarifications or have any questions in relation to the Privacy Policy, kindly feel free to contact us on [email protected]