This document/agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures.
The domain name www.heromotocorp.com is owned, maintained and operated by Hero MotoCorp Limited.
2. ELIGIBILITY OF USER
Usage/browsing on the Platform is free for visitors. HERO does not charge any fee for browsing the Platform.
Use of this Platform, is allowed only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, You are not eligible to use the Platform and may only use the Platform with the involvement of a parent or guardian.
3. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If You or HERO terminates Your use of the Platform or any service therein, HERO may delete any content or other materials relating to Your use of the Platform and will have no liability to You or any third party for doing so. In case You have created a login for the Platform, You are solely responsible for maintaining the confidentiality of Your user ID/Your account/display name and password and for restricting access to Your computer or any other device used to access the Platform to prevent unauthorized access to Your account and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under Your account and password. User can also deregister and delete account from the Platform with or without cause /reason.
b. HERO shall have the right to retain information provided by You for such period as prescribed under applicable laws.
c. Use of the Platform:
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do not have any right to use;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another’s privacy including bodily privacy, insulting, or harassing on the basis of gender, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is harmful to child;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or 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;
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Intellectual Property Right Complaints” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links.
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person;
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
interferes with another user’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services;
harm minors in any way;
infringes any patent, trademark, copyright, trade secret or other proprietary rights of HERO or any third party;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or knowingly and intentionally communicates any misinformation or information which is grossly offensive or menacing in nature, or patently false and untrue or misleading in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
is in the nature of an online game that is not verified as a permissible online game;
is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
(ii) If You believe that any content on the Platform is affected due to above points, You shall immediately notify Us in writing. HERO will make all reasonable endeavours to remove such content complained about within a reasonable time.
d. You accept and agree that You shall utilize the services offered by HERO on the Platform for Your own personal use alone. You shall neither attempt to make any commercial/ business use of the services, nor shall You use the services on behalf of anybody else.
e. You agree and acknowledge that for undertaking any financial transaction through the Platform, HERO may undertake client/customer due diligence measures and seek mandatory information required for KYC purpose which as a customer, You are obliged to give, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules. HERO may obtain sufficient information to establish, to its satisfaction, the identity of each new User, and to ascertain the purpose of the intended nature of relationship between You and the relevant financial institution financing the transaction. You agree and acknowledge that HERO can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable PMLA Act and rules.
f. This Platform may provide links to other websites or resources. Since HERO has no control over such third party websites and resources, You acknowledge and agree that HERO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that HERO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Platform is at Your own risk, and HERO will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.
5. ELECTRONIC COMMUNICATIONS
When You visit the Platform or send e-mails to Us, You are communicating with Us electronically. We may communicate with You by e-mail, SMS, phone call, by posting notices on the Platform or by any other mode of communication. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages) from Us with respect to Your use of the Platform.
6. INTELLECTUAL PROPERTY RIGHTS/ TRADEMARK, COPYRIGHT AND RESTRICTION
All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HERO and/or, its affiliates or its content suppliers and is protected under trademark and copyright laws and other relevant law(s) as applicable from time to time.
You shall not extract or re-utilise parts of the contents of the Platform without the consent of HERO and / or its affiliates (as may be applicable). In particular, You shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this Platform. You shall also not create and/ or publish Your own database that features any / or substantial (eg: prices and product listings, etc.) parts of this Platform.
Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent.
7. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
8. PRODUCT COMPLIANCE
Products displayed on the Platform are manufactured/ procured as per the applicable local laws of India and are in conformity with the required Indian industry standards.
9. WARRANTIES & LIABILITY
a. All information, content, materials, products (including software) and other services included on or otherwise made available to You by HERO on the Platform are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that Your use of the Platform is at Your sole risk.
b. HERO does not warrant that this Platform will be uninterrupted, error free, or constantly available, or available at all or that any information on this Platform is complete, true or accurate. Further, HERO shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond HERO’s control. You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and You shall be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material and/or data.
c. We shall not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Platform. You acknowledge, by Your use of this Platform, that Your use of this Platform is at Your sole risk; that You assume full responsibility for all risks associated in connection with Your use of this Platform.
d. Though HERO shall make all endeavour to protect its Platform from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its Platform, however We do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Platform; its servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Platform constitutes or is meant to constitute, advice of any kind.
e. HERO will not be liable for any damages of any kind arising from the use of the Platform, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to You through the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that HERO is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with You.
b. You hereby expressly release HERO and/or its management, affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.
c. Any breach of applicable laws shall also result in, without prior notice, immediately limit Your activity, remove Your information, temporarily/indefinitely suspend or terminate or block Your login, and/or refuse to provide You with access to this Platform.
12. LIMITATION OF LIABILITY
13. COMPLIANCE WITH LAWS
The Platform User shall comply with all the applicable laws, rules, notifications as issued from time to time by appropriate authorities.
The failure by HERO to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by HERO of them or of the right any time subsequent to enforce all Terms and Conditions of this Agreement.
Notwithstanding anything contained under these Terms, any section of these Terms of Service that by its nature is intended to survive termination of these Terms of Service or Your use or access to Our services offered on the Platform shall survive such termination.
17. DISPUTE RESOLUTION
For any grievances that You may have in relation to the use of the Platform (other than those relating to Platform Services), You may contact the Grievance officer. For any complaints/ issues relating to the Platform Services, You may the contact Nodal officer. The Grievance officer and Nodal officer shall thereafter consider the same and provide a response within a reasonable time.
Ajay Kumar Raina,
PART B - TERMS AND CONDITIONS FOR PLATFORM SERVICES
For the convenience of the customers who desire to avail/apply for loan/ credit facilities for purchase of a vehicle from HERO, the Platform provides User(s) access to information about potential loans/financing options which may be available to such Users if they purchase the relevant vehicle, and the ability to select and apply for a loan with the identified Financiers as the User/customer may deem fit (“Platform Service(s)”). “Financier” for the purposes of these Terms shall mean “a bank or financial institution offering loan to a customer for purchase of a vehicle and which financing institution has suitable onboarding agreement with HERO.
The above said Platform Services and ancillary services are provided on a commercially reasonable effort basis and You agree that Your participation for availing the above-mentioned services is purely at Your will and consent. This Part B shall apply, along with Part A of the Terms, to all persons who avail or seek to avail the Platform Services.
1. For availing the Platform Services, You/ User shall be required to fill-in details such as, name, gender, date of birth, pincode, marital status, employment status, residential status, details of existing loans, income proof and bank accounts. The information provided by You can be utilised for the below mentioned purposes:
a. To generate/refine offers for loans as accessible on the Platform;
b. To provide customized recommendations and personalized offers of the products and services of HERO and/or its business partners/affiliates;
c. To send information/personalized offers via email, text, call or online display or other means of delivery in HERO’s reasonable sole discretion;
d. To provide the information to the Financiers to enable Financiers to assess Your loan request and offer their loan facility to You on the Platform;
e. For marketing survey, customer research, feedback and internal administrative purposes subject to applicable laws;
f. To satisfy legal and regulatory obligations;
g. Any other related services.
2. By submitting, transmitting or sharing of information for the Platform Service, You expressly consent to HERO for collection and access and further processing by HERO of any personal information or other data for or towards performance of or access to the Platform Service or for authentication, verification etc. You further consent to HERO sharing with the Financier(s) to enable the Financier(s) to use, disclose, store and process such information and any data provided by or collected from You. You further acknowledge and agree that the Financiers may share Your information with credit bureaus/agencies, generate a credit score, perform a credit scrub/ credit bureau check, map Your information with its database etc. in order to check Your eligibility for a loan offer with the respective Financiers.
3. Subject to applicable laws, by submitting, transmitting or sharing of information for the Platform Service, You also expressly consent to HERO to retain, preserve, store, use and/or erase the information, as necessary including for any regulatory/ legal/ evidentiary purposes.
4. You agree and undertake that such consent or subsequent withdrawal thereof by You, shall in no way limit or affect the rights of the Financier(s) which the Financier(s) may separately have against You or such data or information whether through or pursuant to Financier’s relationship or otherwise including the customer and account based relationships of the Financier(s).
5. Your interaction with any third party such as Financier(s) is at Your own risk, and HERO will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.
6. The information provided on the Platform, (including by way of the calculator, estimated equated monthly instalments (“EMI”), fees for availing a loan, etc.) is only indicative in nature and HERO disclaims any warranties explicit or implied on the accuracy, correctness or the relevance of the information. The loan offer details on the Platform may differ based on the prevailing policies of the respective Financier(s).
7. The sanction letter issued by the Financier(s) through the Platform is a provisional/conditional sanction letter issued by the Financier(s) to You sanctioning the grant of the loan facility subject to the terms and conditions contained therein. The sanction letter will also provide a validity period therein by the concerned Financier(s) after which the same shall stand expired. Upon issuance of the sanction letter, You may download the same from the Platform and submit the same to the Financier’s personnel at the concerned dealer’s location for further steps to avail the loan facility.
8. The final loan amount, EMI, processing fees, etc. will be provided to You by the Financier(s) and set out in the final sanction letter/loan documents which will be issued to You by the relevant Financier(s) subject to successful completion of verification and processing of the loan application by the Financier(s) to its satisfaction as per its prevailing policies. Any additional charges as may be levied by the respective Financiers shall also be applicable. You agree and acknowledge that the eligibility, loan amount, disbursement terms, etc. shall be at the sole discretion of Financier(s). While making any loan application through the Platform; HERO shall not be held liable for any delay, rejection or approval of any such application made through its Platform and HERO shall not be required to provide any reason whatsoever for such acceptance or rejection of Your loan application.
9. You acknowledge and agree that in relation to the Platform Services, HERO is a mere facilitator/intermediary which is providing You possible loan options to enable You to select and avail a loan from the Financier chosen by You. The information displayed on the Platform with respect to any loan or Financier(s) is as provided by the Financiers and HERO has not independently verified such information. HERO makes no representations or warranties with respect to such information and Users are advised to undertake their own due diligence before availing a loan. Users can book HERO products without availing the Platform Services and nothing herein shall constitute as HERO promoting or marketing any financial product.
Call : 91-080-61865200
By applying for a loan from the Financier(s), You are deemed to have read, understood and accepted the terms and conditions as applicable to the loans offered by the relevant Financiers selected by You.
a. Data shared by You in an aggregated and anonymised manner for data reporting, analytics, etc.;
b. Information as necessary to comply with Our legal obligations, resolve disputes and enforce Our agreements entered into for providing the relevant services and related matters.; and
11. Disclaimer of Warranties:
a. The Platform may show ratings of the respective Financier(s) which are generated on the basis of the customer feedback received on the Platform in relation to the loan products of the Financier(s). HERO does not warrant the completeness, truthfulness and accuracy of these ratings and You shall have no claim against HERO for any decision You may take in relation to a loan product of any Financier(s) based on these ratings.
12. By providing information on the Platform for availing the Platform Services, You agree and certify that You are only availing the Platform Services for Yourself and not for and/or behalf of any other person.
14. For avoidance of doubt, it is clarified that provisions in relations to warranties & liabilities, indemnity, breach, limitation of liability, compliance with laws, severability, waiver and dispute resolution noted in Part A shall mutadis mutandis apply to this Part B, as relevant to the Services.