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Bike Booking Terms & Conditions

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Thank you for visiting our website. Please read the below terms and conditions carefully before you proceed. By accessing this site and any pages thereof, you are bound to the terms and conditions.

This website is owned by India Kawasaki Motors Pvt. Ltd. (‘the Company’) and is subject to modifications without prior notice. You are responsible for regularly reviewing these terms and conditions. All images, photographs, videos, written and other materials on this website are owned and controlled by Kawasaki group, Japan. All contents of this website are to be used only for personal/non-commercial purposes.

Dealer shall mean Authorized Dealer of India Kawasaki Motors Ltd. who has the authority to sell the products of ‘Kawasaki’. Customer means any individual/entity interested in online booking/purchase of bike and includes partnership/LLP/ Company or any other entity.

1. Eligibility:

Only the Users/Customers aged 18 years or more are eligible to place orders on this platform. By visiting the platform and availing services, you agree that you are competent to contract as per Indian Contract Act. You also agree that you hold a valid driving license to purchase a bike for your use. The orders shall be valid only for customers residing in India. Kawasaki retains the right to terminate your login or stop your access to the Platform if it is noticed that you are under the age of 18 years or if you violate any of the Terms of Use.

"User" refers to any individual who accesses or uses the IKM E-Commerce Platform. "Customer" refers to any individual who makes a purchase through the IKM E-Commerce Platform. These terms will be used consistently throughout the document.

2. Usage of the Platform:

This website can be used by visitors/customers to browse the products, book and purchase the products online, select the payment mode, make online payment and other related features. The User has to create an account by providing the requisite data to login to prebook/book/purchase the product and make online payment. The information provided by the User to create the account shall be true, complete and accurate. If it comes to the notice of Kawasaki that any User has provided false information or has misrepresented the information or not adhered to the Terms of use, the Company has the right at its sole discretion to suspend or terminate your account on the platform. Kawasaki shall not be liable or responsible for any loss or impact to you or any third party if your account is suspended or terminated on the platform. The User shall be responsible to ensure that the browser/operating system is up to date and free from any virus.

The User/Customer shall be responsible to maintain confidentiality of the data relating to the account created on this platform including the User id and the password. The user/customer shall be solely responsible for all acts done under the account. The platform also enables you to delete the account, if so desired. Kawasaki shall not be responsible for any loss or damage incurred by the User or any third party because of misuse of the account on the platform. Kawasaki has the right to retain the information relating to your account for such duration as permitted by the relevant laws. The terms and conditions of the IKM E-Commerce Platform shall comply with all applicable laws and regulations, including but not limited to the Indian Contract Act, Consumer Protection Act, and

data protection laws. Users are responsible for ensuring their use of the platform is in accordance with these laws.

3. Responsibility of the User:

The validity, correctness, completeness and accuracy of information or documents uploaded on the platform shall be the sole responsibility of such User. Kawasaki shall not verify correctness or accuracy of the data provided by User/Customer through the website. Kawasaki shall forward the information received from the User to third parties, including but not limited to, the respective dealerships, financiers, payment gateway providers or any other entities as required to process the transactions. The User shall be solely responsible for any loss or damage incurred because of any false or incorrect information submitted on this platform. Users agree to provide accurate and complete information when creating an account and making purchases. Users are responsible for maintaining the confidentiality of their account information. Providing false information or violating the terms of use may result in suspension or termination of the user's account.

4. Intellectual Property Rights:

All contents displayed on this platform including but not limited to logos, trademarks, images, videos, graphics are subject to the intellectual property rights of the Kawasaki group. None of the contents of this platform may be copied, forwarded, reused or distributed without the written consent of Kawasaki.

5. Data Protection:

Your privacy is of utmost importance to us. Detailed provisions regarding data protection are available in the Privacy Policy on this platform.

6. Availability of the website and information:

The information on this website is available on an ‘as is’ basis and without warranty of any kind. Kawasaki takes the utmost care to provide the most accurate information to the users on the website, but does not warrant the product, description, images, prices or any other information on the platform is updated, error-free, accurate or reliable and does not assume any liability in this regard. All endeavors are being made by Kawasaki to protect the platform from cyberattacks, viruses or illegal use of the platform. The User shall visit the dealership in person to verify and validate the exact product specifications.

The images and colors on the bikes on the website are for representation and may differ from the actual images and colors depending on the device used by the User.

Kawasaki shall not be responsible for non-availability of the website/platform because of reasons beyond its control, including but not limited to maintenance activities or because of any other technical reasons. You acknowledge that you shall assume full responsibility for the risks associated with your use of this platform.

7. Dispute Resolution:

In the event of a dispute, users are encouraged to contact customer support to resolve the issue amicably. Any dispute arising out of the usage of this platform shall be dealt with in accordance with the Company policies and applicable laws in India.

8. Jurisdiction:

The exclusive jurisdiction to deal with any disputes arising out of the usage of this platform shall be with the courts at Pune, Maharashtra. All the terms shall be construed in accordance with the applicable Indian laws.

9. Limitation of liability:

Kawasaki shall not be liable for any direct, indirect, special, punitive or consequential losses or damages arising out of or relating to the use or access of the platform, terms and conditions and policies mentioned therein.

10. Indemnity:

The User shall indemnify and hold harmless Kawasaki, its officers, employees, directors, agents and representatives from any and all claims, losses, damages and/or costs arising from the use or access to this website, services or products or violations of any law, rules or regulations or breach of the terms and conditions or any of the policies mentioned on the Platform. The User also agrees to provide the requisite assistance to Kawasaki at the User’s expense for defending any such claim, loss, damage or cost.

11. Violation of the Terms/Policies:

Kawasaki has the right to remove your information or suspend or terminate your account or terminate your access to this Platform if you are found to violate the Terms and conditions or Privacy Policy or any other Policies or if any of your actions might cause legal liability to Kawasaki or to you or any third party. Kawasaki may at its sole discretion take legal action against You in such events.

12. Force Majeure:

If any Party is prevented or delayed in the performance of its respective obligations because of any force majeure event such as riot, invasion, terrorist attack, war, fire, flood, earthquake, epidemic, order of any governmental, municipal or other public authority or any other reason beyond the reasonable control of the Parties, in such cases the delay or failure by the Party whose ability to perform the obligations is affected due to such event, shall not be considered to be a breach of these Terms. The IKM E-Commerce Platform shall not be liable for any failure or delay in performance due to events beyond its control, including but not limited to natural disasters, war, terrorism, strikes, and government actions. Events that do not constitute force majeure include financial difficulties and changes in market conditions.

13. Waiver:

Failure by Kawasaki to enforce at any time or any period, any one or more of the Terms or conditions shall not be a waiver of them or of the right to at any time subsequently to enforce all terms and conditions.

14. Severability:

If any of these Terms or Conditions are found to be void or becomes void by reason of its being in violation of any Law or otherwise, the same shall not render the remaining terms void.

15. Survival:

Any section of these Terms that by its nature is intended to survive termination of these Terms shall survive such termination.

16. Creation of Account on the Platform:

Any User intending to avail the services on the Platform, including but not limited to pre-book or book/purchase a product, shall be required to create an account by providing details such as name, age, address, mobile number, email id, residential status etc. After creation of account by providing the required information, the User can login to the account by an OTP based verification. The usage of the information provided by the shall be governed by the Privacy Policy and these Terms and conditions.

17. Invoice:

The Dealership shall generate and provide the Customer invoice of the bike purchased by him that would reflect the ex-showroom price. Separate invoices for the payment made by the Customer towards insurance, Tax, RTO and handling charges shall be issued by the Dealer . The price on the date of invoice shall be considered as the final price of the bike, even if that price is different from the price displayed on the Platform at the time of booking. The Customer shall obtain delivery of the bike from the dealership only after the entire amount has been received by the Dealership.

Kawasaki has the right to change any product or withdraw any product at its discretion without informing the Customer in advance.

18. Disclaimer:

Kawasaki reserves the right to correct any errors or omissions and to update any information on this Platform without any prior notice. Kawasaki shall not be liable or responsible for any representations or warranties in respect of the bikes. Refund of the booking amount shall be governed by the Terms contained herein and also by the Refund Policy. The maximum liability of Kawasaki for any product purchased online shall be limited to the cost of the product. Kawasaki disclaims liability for any third party vendor services availed by the Customer/User through the website. Any liability arising by usage of any third party vendor services shall be at the sole responsibility of the User/Customer. Kawasaki disclaims all implied warranties under law or contract to the maximum extent possible. Kawasaki does not make any representation or warranty regarding the website, product or service.

Grievance Redressal:

Any grievance relating to usage of the website shall be sent to the Grievance Officer, who shall check and respond within 45 days of the receipt of grievance. The contact details of the Grievance Officer are given below:

 

Address: Mr. Harshal Dange, India Kawasaki Motors Pvt. Ltd., Building B, Multi-Modal Logistics & Industrial Park, P-5, Phase-II, Chakan Industrial Area, Village Khalumbre, Taluka Khed, Pune- 410501. Maharashtra

CIN: U34100PN2010PTC136735

Telephone No.: 1800 266 0365

Email id.: info@kawasaki-india.com