IMPORTANT: PLEASE READ THESE TERMS OF USAGE (“TERMS’) BEFORE USING Tserv MOBILE APPLICATION OR Tserv WEBSITE.
ALL RIGHTS (INTELLECTUAL PROPERTY AND OTHERWISE) OF Tserv MOBILE APPLICATION AND WEBSITE SERVICES (“Tserv APP” or “Tserv WEBSITE” or “Tserv”) IS OWNED BY TOYOTA KIRLOSKAR MOTOR INDIA PVT LTD. (“TKM” or “COMPANY”).
ANY PERSON WHO DOWNLOADS THE Tserv APP OR VISITS THE Tserv WEBSITE OR IS REGISTERED WITH Tserv BY ANY OTHER MEANS SHALL BE REFERRED TO AS “USER” OR “YOU” UNDER THESE TERMS.
BY DOWNLOADING AND REGISTERING ON THE Tserv APP OR BY USING THE Tserv WEBSITE, IT WILL BE DEEMED THAT THE USER HAS READ, UNDERSTOOD AND ACCEPTED THE FOLLOWING TERMS AND CONDITIONS IN THE SAME WAY AS IF THE USER HAS SIGNED A PRINTED VERSION AND USER SHALL BE BOUND BY THEM UNTILTERMINATION OF THEIR REGISTRATION WITH Tserv.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET OUT HEREIN, DO NOT INSTALL AND/OR USE THE APP OR ANY OF THE SERVICES PROVIDED BY Tserv OR TKM. IF YOU HAVE ALREADY INSTALLED THE APP, AND YOU DO NOT AGREE WITH THE TERMS SET OUT HEREIN, PLEASE UNINSTALL THE SAME FROM YOUR MOBILE DEVICE.
Article 1 (Applicability & Scope of Use)
THESE TERMS SHALL APPLY TO ALL MATTERS CONCERNING THE USE OF Tserv APP & WEBSITE PROVIDED BY THE COMPANY. YOU CAN REGISTER FOR Tserv APP ON YOUR MOBILE DEVICE.
The user acknowledges and agrees that he/she shall not hold TKM responsible or liable for any issues or concerns related to the services offered to and/or carried out on their Non-Toyota vehicles, by Tserv facilities through this Tserv APP and/or otherwise.
The Company may vary these Terms at any time without notice and without requiring the User’s consent for any reason including but not limited to security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of Tserv, by publishing the varied Terms on the home screen of Tserv application and Website
The User accepts that by following the procedure set out herein above, the Company will have provided the User with sufficient notice of the variation to these Terms. The Company is under no obligation to specifically contact or notify the User of any variation to these Terms. By using Tserv APP or Website after any variation to these Terms, the User shall be deemed to have accepted the revised/ modified Terms. The Company shall grant the User the right to use Tserv APP and Website, subject to these Terms, for smartphones and other electronic devices, which are managed and operated by the User (each referred to as an “Information Communication Terminal”).
The User may only use Tserv App or Website on Information Communication Terminals and operating systems that are authorized/recognized by the Company as being eligible to receive the service.
Article 2 (Content of Tserv)
The content of the Tserv App & Website being made available to the User under these Terms shall be set out in a separate document or within Tserv. The Company may change any or all aspects of Tserv App or Website, including but not limited to the display, content and user interface of Tserv App or Website, at any time and without any notification to the User.
Certain individual services may be purchased through Tserv App or Website (each referred to as the “Individual Service”). Individual Services may be provided by the Company or a third party service provider (referred to as an “Individual Service Provider”). The User shall consent to these Terms and any other Terms and guidelines applicable to the Individual Service including but not limited to general terms and conditions, which are made available either by the Company or any other Individual Service Provider.
In the event of an inconsistency or conflict between the application of these Terms and any other Terms or guidelines (“Guidelines”) applicable to any or all Individual Services, the Guidelines shall prevail but only to the extent of any inconsistency.
Individual Services currently comprise of the following:
The Tserv App or Website may transmit information via push notification as one of the Individual Services set out herein. By accepting these Terms, the User is deemed to have consented to receiving notifications from the Company or its authorized service provider/s. The Inbox service enables the User to be kept up-to-date on any topics pertaining to Tserv App & Website or its services.
Tserv is currently only available in BENGALURU, KARNATAKA STATE OF INDIA (“Serviced States”). The Company may increase or decrease the number of Serviced States or vary the scope of the services offered through Tserv App & Website in any of the Serviced States, at any time and without notice to the User.
The User is solely responsible for all costs, including but not limited to, telecommunications costs, network provider costs and Information Communication Terminal costs that he or she incurs in connection with the installation and usage of Tserv App or Website.
The Company does not warrant, represent or undertake that:
Tserv will meet the User’s needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses; or
the information obtained from or available through Tserv App & Website will be accurate or reliable, or that the quality of any information obtained by the User through or as a result of the User’s use of Tserv will meet a User’s expectations.
All implied warranties, except those that cannot be lawfully excluded, are excluded.
Article 3 (Use of Tserv App or Website)
By clicking the ‘AGREE’ button below, the User agrees to be bound by these Terms.
In order to install access and use Tserv App or Website, the user must satisfy and have full legal capacity to contract under the Laws of India
The User shall not use Tserv App or Website in any manner that would, or could reasonably be expected to, damage or overburden any of the Company’s servers, or any network connected to any of the Company’s servers. The User must not use Tserv App or Website in any manner that would, or could reasonably be expected to, interfere with any other party’s use of Tserv App or Website or which is, or which is likely to be, in contravention of any applicable laws or any party’s rights or legal entitlements under any applicable laws.
Article 4 (Suspension or termination of the use of Tserv App or Website)
The Company may suspend or terminate the use of Tserv App or Website by the User at any time without notice to the User and for any reason, including if the Company determines, in its sole discretion, that any of the following events have occurred, or are likely to occur when:
Article 5 (Prohibition of the transfer of rights and obligations)
The User shall not transfer or assign to a third party, any right or obligation relating to use of Tserv App or Website or any services provided to him or her.
Article 6 (Login Information)
In order to make use of Tserv App & Website, the User shall need to register an account with the Company (“Online Account”). In order to register an Online Account, the User must:
By registering an Online Account with the Company, the User warrants, represents and undertakes that:
Article 7 (User’s Responsibility)
The User is responsible for all activities, risks and liabilities in connection with his or her Login Information and usage of the Online Account. Accordingly, the User must take steps to protect the confidentiality of his or her Login Information and Online Account.
The User must not disclose his or her Login Information or any information related to their Online Account to any third party. The User must notify the Company immediately if he or she becomes aware of any disclosure, loss, theft or unauthorized use of his or her Login Information or any information related to their Online Account.
It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company shall not be liable for any loss that may be incurred by the User as a result of unauthorized use of the User’s Online Account, either with or without the User’s knowledge including but not limited to all orders, service requests/appointments or instructions and data transmissions, relying on which the Company or its affiliates or authorized Tserv WORKSHOPS of TKM executes or performs.
The User shall be solely responsible for all losses, harm and damage arising as a result of the use of his or her Login Information and/or Online Account.
The User shall not use the Login Information or Online Account of any third party at any time and shall be solely liable and responsible for any loss arising from a breach of this Article.
Article 8 (Changes to Contact Information)
To make changes or updates to the contact information provided on Tserv APP, the User may visit the nearby Tserv Workshop or log into the Online Account through Tserv APP or WEBSITE and update the information.
Please note that Tserv APP operates on one-time log-in, and any changes to the mobile number does not hinder the User’s ability to use the Tserv APP.
Company shall not be responsible for any loss, harm, damage, liability or inconvenience that the User suffers as a result of his or her failure to comply with this Article 8.
Article 9 (Procurement of the Information Communication Terminal)
The User is solely responsible for procuring the Information Communication Terminal/Internet through which he or she can access Tserv app or website and any accompanying equipment or software at his or her own cost and expense.
The User hereby agrees and understands that he / she uses Tserv App or Website entirely at his or her own risk.
Certain services and functions of Tserv App & Website (including the Individual Service) will only work if the current positioning information (Global Positioning System or GPS) on the Information Communication Terminal is activated and set to “ON”. It is the User’s sole responsibility to activate this setting on his or her Information Communication Terminal. The Company shall not bear any responsibility or liability for any damage, loss, harm, liability or inconvenience incurred by the User for his or her failure to comply with this Article.
Article 10 (Change, Withdrawal and terminate of Services offered)
The company may temporarily or permanently change, withdraw or terminate any Individual Service of Tserv at any time without notifying and without incurring any lability to the user.
Article 11 (Temporary suspension of the provision of the Tserv App or Website)
The Company may temporarily suspend the provision of Tserv App or Website without liability or notification to the User and at any time in any of the following circumstances, that is, when:
Article 12 (Compensation of damages)
If the use of Tserv App or Website by the User causes damage, harm, loss, liability or inconvenience to a third party, the User shall be solely responsible for settling the matter with the third party at his or her sole cost and expense and without causing any inconvenience or liability to the Company.
If the use of Tserv App or Website by the User violates Terms or causes damage, harm, loss, liability or inconvenience to the Company, the Company may demand damages in the form of compensation from the User.
Article 13 (Indemnification and Limitation of Liability)
To the maximum extent permissible under applicable laws, the Company and its affiliates shall not be responsible for any damage, harm, loss, liability or inconvenience suffered by the User as a result of his or her use of Tserv App & Website.
The Company shall not bear any obligation or responsibility for services and information provided by the provider of the Individual Services other than the Company.
If any dispute arises between the User and an Individual Service Provider, the dispute shall be settled between the User and that Individual Service Provider and the User shall not submit any demand, claim or complaint to or against the Company. The Company bears no responsibility for any act, omission or representation of an Individual Service Provider and does not offer any warranties or make any representations, in relation to Individual Services provided to the User by an Individual Service Provider.
The User agrees to indemnify, defend and hold harmless, the Company, its affiliates and their respective officers, directors, lawful successors, assigns and any third party from and against any loss, cost, damage, liability, or expense howsoever caused, or suffered by the Company including legal fees and disbursements in connection therewith and interest chargeable thereon asserted against or incurred by such indemnified persons, that arise out of, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User, or arising out of the use of Tserv App or Website by the User, whether direct, indirect or consequential, arising out of or referable to Tserv App & Website or to the installation, access and use of Tserv App or Website by the User, however caused, whether in contract, tort (including negligence), statute or otherwise..
Subject to any responsibilities implied by law and which cannot be excluded, neither the Company nor any of its directors, employees, agents or contractors, are liable to the User for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Tserv App & Website or to the installation, access and use of Tserv App or Website by the User, however caused, whether in contract, tort (including negligence), statute or otherwise.
The entire and overall liability of the Company whether in tort or otherwise shall in no event exceed the amount of fees paid to it by the User, for the services rendered by the Company, that caused such liability on the Company.
The Company shall not be liable to the User or anyone else for any loss resulting from a cause or event over which the Company does not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorized access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, tsunami or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, or action of government and any other event or cause beyond the reasonable control of the Company.
Article 14 (Personal use of Tserv App or Website)
All intellectual property rights, including without limitation, copyright in all content available through Tserv App & Website are owned solely by the Company and/ or by its licensors.
The User shall not reproduce, alter, modify, adapt, reverse engineer, sell, publish or use by any other means any information obtained through Tserv App & Website for any purpose other than the permitted personal use of the User, without obtaining the written consent of the Company and the owner of other relevant intellectual property rights (“Copyright Owner”) as applicable.
The User shall not allow a third party to reproduce, alter, modify, adapt, reverse engineer, sell, publish or use by any other means any information obtained through Tserv App & Website or make such information available to the public or to third parties without obtaining the written consent of the Company or the Copyright Owner as applicable.
Except where necessary for and incidental to personally installing, using and accessing Tserv App or Website through the User’s Information Communication Terminal, or as permitted by these Terms or under applicable laws, no part of Tserv App or Website may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the Company’s specific prior written consent.
Article 15 (Prohibited matters)
The User shall not use Tserv app or Website for commercial activities or commercial purposes without obtaining the prior express and written consent of the Company.
The User shall not use Tserv app or Website in any way that is contrary to the laws of India, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or any government agency or department in India or that is otherwise contrary to public order and morality, including, without limitation, applicable export and import control laws and regulations, and User shall not allow any other party to use the service or the Tserv App or Website for or in connection with any illegal purpose or activity.
Tserv APP & website will at all times be in compliance with all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations.
The User shall not license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Tserv App or Website 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 Tserv App or Website, or any part thereof, or the information contained therein, to any other party.
The User shall not use Tserv App or Website 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.
The User shall not cause damage to any of the App & website, servers, systems or equipment used in the provision of the service by the Company, and authorized Tserv WORKSHOPS of TKM or any other third party, and shall not access or attempt to access any user data or to penetrate any of the security measures relating to the service.
Article 16 (E-mail, etc.)
The User acknowledges that he or she will be solely responsible for any use of the e-mail functionality (such as sending and receiving e-mails) that is made available through Tserv App or Website or an Individual Service.
Except for mechanical processing, communication processing and other activities of lawful operation, the Company shall not view or disclose to a third party the content of e-mails (including email addresses) or related information other than in accordance with applicable laws or these Terms, and shall guarantee the secrecy of the User’s communications.
Article 17 (Treatment of Personal Information)
Article 18 Payment for Individual services using Tserv App or Website
All usage fees for Individual Services, if any, may be paid using the payment gateways within Tserv App & Website made available by the Company for this purpose. The User acknowledges and agrees to use the payment gateways at his/her own risk. Company shall not be held responsible or liable by the User, for any loss, damage, liability or inconvenience incurred by him/her due to the usage of such payment gateways. The payment gateways are facilitated through third party agents and the User shall lay no claims or demands against the Company, of whatsoever nature, in this regard. Disputes, if any, arising out of User’s usage of the payment gateways, shall be settled by the User with the respective third party agent or the bank, as the case may be. The User agrees to not make Company a party to any dispute or claims against any third party agent or bank.
The terms and conditions applicable to payments shall be as separately stipulated for the Individual Service opted by the User.
Article 19 (Cancellation of the use of Tserv App or Website by the User)
If the User wishes to cancel his or her use of Tserv App or Website, he or she shall notify the Company by clicking the ‘Delete Account’ button in the ‘User profile’. The cancellation shall then become immediately effective.
If the User cancels his or her use of Tserv App or Website, the Company shall not refund any amounts paid to the Company by the User for any Service and amount shall not be transferred to any other individuals or users.
Any outstanding payments due to the Company by the User shall become payable immediately on the termination or cancellation of the User’s use of Tserv App or Website.
Article 20 (Law and Jurisdiction)
The law applicable to Tserv App & Website, these Terms and to disputes arising out of the use of Tserv App & Website by the User are shall be governed by law of India, and only the courts in Bangalore City, India will have jurisdiction to adjudicate any dispute.
Article 21 (General)
The Company may perform any of its obligations, and exercise any of the rights granted to it under these Terms, through a third party. The Company may assign any or all of its rights and obligations under these Terms to any third party.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms and all other Terms shall continue to remain in full force and effect,
provided that the Company at its sole discretion determines that such severance of the Terms has not altered its basic nature.
The User may not rely on the Company’s words or conduct as a waiver of any right unless the waiver is in writing. In this Article, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of the Company’s rights arising under or in connection with these Terms or otherwise and includes the right to rely on this clause.
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