TERMS OF USE

TERMS OF USE

Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered or information displayed by Mahindra & Mahindra Limited ("M&M" or "we/our/us" or the "Company", which includes its divisions, affiliates and group companies) under its "Mahindra SyouV" ("SyouV").


This Agreement sets forth the legally binding terms and conditions for your use of the website at www.mahindrasyouv.com, all other sites owned and operated by M&M that redirect to said website and all subdomains (collectively, the "Site"), and the services owned and operated by the Company (together with the Site, the "Services"). By using the Services in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.


Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to view certain Services of our site.


BACKGROUND:


M&M through its SyouV provides a platform for SUV enthusiasts, prospective car/SUV buyers, Auto Experts and such other sections relating to automotive or otherwise ("Users") to view, exchange, submit or gather information/details relating to Automotives which includes but not limited to SUVs and Cars. Through the Site, email, websites, and other media, the Services rendered by M&M, makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Users may also have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content. "User Submissions" means any Content Submitted by Users.


(A)   ACCEPTANCE OF TERMS OF USE:


The Services are offered subject to your acceptance of all of the terms and conditions contained in these Terms of Use, including the Disclaimer and Privacy Policy available at https://www.mahindrasyouv.com/privacy-policy and https://www.mahindrasyouv.com/legal-disclaimer , and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Services. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.


The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for any changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes automatic acceptance of those changes.


The Company reserves the right to change, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content) or any part thereof, at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.


The Services are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions. In the event, that you register yourself on the Site by falsely declaration age, such registration shall be deemed to be void and the Company reserves its right to take such legal action against you as is available under law. Any agreement entered by you with any party, by virtue of such registration shall be deemed to be void ab initio.


(B)   REGISTRATION:


You may view Content on the Site without registering, but as a condition of using certain aspects of the Services, you may be required to register with the Company and select a screen name ("User ID") and password. You undertake to provide accurate, complete, and updated registration information. Failure to do so shall constitute breach of the Terms of Use, which may result in immediate termination of your account.


You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene or is in anyway offensive to national names, flags or emblems. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.


(C)   INTELLECTUAL PROPERTY POLICY NOTICE


Copyright © 2016 Mahindra & Mahindra Ltd. ALL RIGHTS RESERVED

  1. COPYRIGHT:
    Unless otherwise expressly stated, copyright, database right or similar rights in all material presented on this Site (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) is owned, controlled or licensed by or to the Company or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights.
  2. TRADEMARKS:
    The Company is the owner and/ or the registered proprietor of the marks 'Mahindra', 'Mahindra Rise', 'Mahindra SyouV, 'SyouV' as well as the logos indicated on each page of the Site (collectively "Trademarks"). The Trademarks must not be used in connection with any product or service that is not in any manner connected or provided by the Company or its affiliates, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or its affiliates.


All other Trademarks not owned by the Company or its affiliates that appear on this Site, are the property of their respective owners, who may or may not be affiliated with or connected to the Company.


(D)   USERS RULES OF CONDUCT


By using this Site, you represent that you have read, understood and accepted to be bound by this user policy.


To assist the smooth functioning of this Site, we expect users of the Site to follow these few basic guidelines (which form part of the terms and conditions for access and use of our Site) as are acceptable for a user policy:


  1. Unless with our prior written permission, no part of this Site may be reproduced or transmitted to or stored in any other Site, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
  2. You have a limited permission to display, print or download extracts from these pages of the Site for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material or Contents on the Site in any way.
  3. You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this Site without our prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the Site which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use.
  4. You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on this Site or use any of the materials for public performance or otherwise make commercial use of this Site or any materials located on it without our prior written consent.
  5. Nothing on this Site or your use of any of the Services shall be construed as conferring any transfer or licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise, save as expressly provided, herein.
  6. Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of company and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Company in the case of codes or other downloadable materials.
  7. You cannot upload on the Site or submit any Content or otherwise distribute or publish through the Site any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another's privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately.
  8. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
  9. You shall not, and shall not permit any third party using your account to, take any action, or submit Content on the Site, that:
    1. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
    2. you know is false, misleading, or inaccurate;
    3. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
    4. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
    5. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
    6. impersonates any person or entity, including any employee or representative of the Company
  10. You shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures the Company may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (iv) run maillist, listserv, or any form of auto-responder or "spam" on the Services; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
  11. No user shall post any message to the Site which is in violation of the acceptable use policies in respect of this Site. We reserve the right to delete and remove all such postings.
  12. The Site cannot under any circumstances be used for commercial purposes by any user.
  13. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the Services, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
  14. We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.
  15. We will enforce appropriate sanctions against any of the users of the Site who are responsible for abuse of the Site. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the Site or machines, (c) suspension of access to the Site, (d) termination of any registration of the user with our Site or Services.


(E)   THIRD PARTY HYPERLINKS


As a convenience to you, we or the users may provide links to third party's web sites. Those web sites and parties are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any site to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and their operators. You may order services or merchandise through links on our site from persons not affiliated with us. All matters concerning the merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be construed as - a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Nor will we be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person.


(F)   TERMINATION


The Company may terminate your access to the Site or the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. Additionally, breach of any of the Terms of Use or other terms and conditions applicable to this Site shall result in immediate termination of the limited permission granted herein.


If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


(G)   GOVERNING LAW & SEVERABILITY


These Terms of Use shall be governed by and construed in accordance with the laws of India, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be subject to the exclusive jurisdiction of the Courts of Mumbai.


If any provision of these Terms of Use or of any other page found on this Site is held invalid or unenforceable, in whole or in part, by competent authorities in any jurisdiction, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and shall not affect the validity or enforceability of any remaining provisions.


(G)   INDEMNIFICATION


You agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to (a) your use or misuse or an unlawful or negligent act or omission of, or access to, the Services and Content, or otherwise from your User Submissions; (b) violation of the Terms of Use; or (c) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences.


(I)   INTERNATIONAL


Accessing the Services is prohibited from territories where the Content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.


(J)   ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT


By using the Services, you consent to receive from M&M all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. M&M may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.


(K)   ENTIRE AGREEMENT


These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Services and govern the future relationship.


The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.


(L)   Warranty and Liability


All materials, including downloadable software, contained in the SyouV web site is provided on ‘as is’ basis and without warranty of any kind to the extent allowed by the applicable law. While the Company will use reasonable efforts to provide reliable information through its web site, the Company does not warrant that this web site is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan and the like, or that its content is appropriate for your particular use or up to date. The Company reserves the right to change the information at any time without notice. The Company does not warrant any results derived from the use of any software available on this site. You are solely responsible for any use of the materials contained in this site. The information contained in this site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the Company. The Company will not be liable for any indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site.