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Terms and Conditions

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Terms and Conditions
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Introduction

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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.

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Eligibility:

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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.

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Usage of the Platform:

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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.

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Responsibility of the User:

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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.

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Intellectual Property Rights:

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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.

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Data Protection:

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

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Availability of the Website and Information:

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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.

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Dispute Resolution:

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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.

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Jurisdiction:

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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.

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Limitation of Liability:

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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.

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Indemnity:

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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.

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Violation of the Terms/Policies:

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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.

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Force Majeure:

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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.

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Waiver:

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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.

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Severability:

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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.

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Survival:

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

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Creation of Account on the Platform:

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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.

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Platform for Pre-booking, booking and Purchase:

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This Platform provided by Kawasaki enables to pre-book/book/purchase product(s) online. This Platform acts as a coordinator for the online transactions between the User/Customer and the authorized dealerships of Kawasaki. The User/Customer also has the option to visit the authorized dealerships for pre-booking and booking of Kawasaki’s products and make the payment directly to the Dealer. The payment(s) to be made by the User/Customer to the dealership while using the Platform shall be through the payment gateway service provider(s). The payment made by the User/Customer towards the product(s) goes directly to the dealership selected by the User/Customer on the website. The payment gateway maintains confidentiality regarding the information provided by the User/Customer to make payments online.

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Booking/Purchase and Payment:

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This Platform provided by Kawasaki acts as a facilitator between the User/Customer and the Dealer for booking/purchase and payment of the bike. Other aspects relating to delivery of the bike, registration shall be handled by the Dealer. The Platform enables the User/Customer to view the products and book/purchase his selected product(s) online from his account. The User/Customer has the option to select the dealership for purchase of the bike, but Kawasaki has the right to change the selected dealership, if required. Kawasaki shall amend and/or update the list of Dealers on the Platform from time to time. It shall be mandatory for the User/Customer to login and provide the One Time Password (OTP) sent to his registered mobile number and email id to verify and login. 

In addition to booking/purchasing the product online, the Customer shall be under an obligation to provide the requisite documentation to the dealership relating to his identity and address proof to enable the dealership in facilitating registration of bike with the concerned RTO. In case of failure of the Customer to provide the required documents or if the documents provided by the Customer are not acceptable to the dealership, the Customer shall be informed about the same. The Dealership may at its discretion, cancel the booking in the absence of requisite documentation. The Dealer also has the right to cancel the booking if the price of the bike on the Platform is incorrect. Online booking of bikes done by the User/Customer shall be subject to availability of bike at the dealership. The price of the bike on the date of invoice shall be considered to be the final price for purchase by the Customer. The waiting period and expected date of delivery of the booked product shall be as informed by the Dealership. 

Booking made by the User/Customer shall be confirmed and binding only after receipt of entire purchase amount by the Dealership. Online booking made by the User/Customer is considered as request made to purchase and an intention to sell by the Dealership. Online booking made by the User/Customer for a part of the purchase price of the bike shall not be considered as a contract of sale and does not impose any liability on Kawasaki/Dealership except as mentioned herein. Kawasaki and Dealership shall not be responsible for delay or failure in receipt of online booking information by the User/Customer. 

Amount paid by the User/Customer for booking shall be reduced from the total purchase price to be paid by the User/Customer. If any User/Customer intends to book/purchase more than one bike, the process of booking/purchase has to be repeated. If the Customer intends to change model of the bike already booked, the initial booking request is required to be cancelled and a new booking request is to be placed online for the required bike. In addition to viewing images of the bike, the Platform can be used to book/purchase the bike and make payment towards the same using the payment gateway. 

Other aspects relating to the bike, including but not limited to purchase, registration and insurance, shall be performed at the Dealership selected by the User/Customer. For a booking to be deemed complete, the booking amount paid by the Customer online should be received by the Dealership. In the event of order not being processed completely, Kawasaki and/or Dealer may at its discretion cancel such order if the problem occurs due to any reason beyond the control of Kawasaki/Dealership. 

The Customer acknowledges that the required support in terms of information/documentation as required by Kawasaki/Dealership shall be provided by him for the purpose of accepting and processing the booking. The Customer shall be informed in case of cancellation of booking by Kawasaki/Dealership. Payments made by the User/Customer for online booking shall be subject to the terms and conditions of the payment gateway provider. Kawasaki or Dealership shall not be responsible for any problem with the services of the payment gateway provider. The User/Customer shall bear all costs related to transaction fees or processing charges levied by the payment gateway provider. Such charges shall be in addition to the costs relating to purchase of the bike. Acceptance of payment by the payment gateway provider shall be done on behalf of the Dealer. Booking made by the Customer/User shall be non transferable and non assignable.

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Cancellation of booking and Refund Policy:

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If the User/Customer intends to cancel the booking, he/she can place the request for booking cancellation on the Platform. The amount paid by the User/Customer for booking will be refunded to the User/Customer. Depending on the stage of cancellation of booking, the amount shall be refunded subject to deduction of nominal charges by the Dealership. The difference between the amount paid for booking and refund by the Dealer shall be to cover the administrative expenses, logistics and handling costs involved. The mode of refund shall be the same as that through which payment is made for booking. The beneficiary of the refund shall be the same account from which the booking amount is paid. The refund of the booking amount shall be made by the dealer concerned to the User/Customer within 7 working days of the cancellation request placed online. No interest shall be payable on the booking amount to the User/Customer from Kawasaki or Dealership.

Any follow up for refund of cancellation amount shall be done by the User/Customer with the concerned Dealership. 

If cancellation is done by the Dealership/Kawasaki because of any reason not pertaining to the User/Customer, the refund of the booking amount shall be made by the Dealer without deduction of any charges for cancellation. 

In case of online payment made by the User/Customer, if the amount is debited from the User/Customer’s bank account and not received by the Dealership due to any technical or other reason, such amount shall be refunded to the User/Customer within 7 working days of the transaction. 

If cancellation request is placed by the User/Customer after pre-booking but before the booking, there shall be no charges deducted by the Dealer for refunding the amount to the Customer. If the cancellation request is placed by the User/Customer after the booking stage, the Dealer shall reduce the cancellation charges from the booking amount before making refund of the booking amount. 

In addition to the above charges that would be reduced by the Dealership, any cost levied towards the processing fees/cancellation charges by the payment gateway provided shall also be borne by the User/Customer. Any issue regarding the Chargeback will be dealt by the respective Dealer and Kawasaki shall not be liable for any dispute arising out of such issues. 

No cancellation shall be permitted after final invoice is made by the Dealership. 

The details relating to online payment done by the User/Customer including details pertaining to net banking, debit card, credit card shall not be received and saved by Kawasaki and its dealerships.

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Invoice:

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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.

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Delivery:

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It shall be the responsibility of the Dealership to inform the Customer about the bike being ready for delivery. The Customer shall visit the selected dealership to get delivery of the bike for which online booking has been made. Delivery of the bike from the Dealership to the customer’s location shall be the responsibility of the Customer. The Dealership can assist the bike to be delivered to the Customer on such request being made by the Customer. In such case, the cost of transporting the bike to the address given by the Customer shall be borne by the Customer. The responsibility of any damage/loss occurring to the bike while transporting to the Customer’s location shall be that of the Customer, i.e., once the bike has left the premises of the Dealership, the responsibility shall be passed on to the Customer. The Dealership shall endeavor to deliver the bike to the Customer as per the delivery schedule, however if there are any factors that lead to a change in delivery schedule, the Dealership has the right to reschedule the delivery. The Customer shall contact the respective Dealership in case of any concerns with regard to the bike delivery schedule. Kawasaki disclaims any liability because of any such change in the delivery schedule.

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Registration:

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The Customer shall be responsible for providing the required and acceptable documents for registration of the bike. Kawasaki and the Dealership shall be under no obligation to complete the sale transaction without complete and accurate documents being provided by the Customer. The Customer shall visit the Dealership for verification of his documents and delivery of the bike. The registration of the bike shall take place at the RTO within the city/area of Dealership selected by the Customer. The documents required for registration of the bike shall be as informed by the Dealership. The Dealership shall deliver the bike to the Customer after completion of valid registration of the bike. The Customer acknowledges that failure to submit the complete documents for registration entitles the Dealership to cancel delivery and booking of the bike. The Customer can contact the Dealership for any assistance required with respect to registration and insurance of the bike.

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After-Sales service:

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The Customer can avail the after-sales service from any of the dealerships mentioned on the website. It shall be the responsibility of the Customer to arrange for the bike to be brought to the Dealership premises for after sales service. All terms relating to the warranty of the bike shall be strictly governed by the warranty policy of Kawasaki.

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Disclaimer:

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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. Manish Saxena, 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