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Terms of Use

Terms of Use

Thank you for visiting our corporate website at https://www.jawamotorcycles.com/.Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered or information displayed by CLPL. This Agreement sets forth the legally binding terms and conditions for your use of the website at https://www.jawamotorcycles.com/, all other sites owned and operated by CLPL that redirect to said website and all subdomains (collectively, the “CLPL Website”), and the services owned and operated by CLPL on the CLPL Website.

By accessing and browsing the Classic Legend Private Limited’s (‘CLPL’) web site or by using and/or downloading any content from the same, you agree and accept the Terms of Use as set forth below. "The Company" refers to Classic Legends Private Limited, including its affiliates (also referred to as “we”, “us”, or “our”). (CLPL, and affiliates shall be collectively referred to as “CLPL Group affiliates”). (This Terms of Use shall be referred and read together with Privacy Policy and Disclaimer of the CLPL Website.)

Your use or viewing the CLPL Website is 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 http://www.jawamotorcycles.com/privacy and http://www.jawamotorcycles.com/disclaimer , and all other operating rules, policies, and procedures that may be published on the CLPL Website by the Company, which are incorporated by reference.

These Terms of Use apply to every user of the CLPL Website. In addition, some services offered through the CLPL Website 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.

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

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

CLPL Website and its contents 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 any personal information you may submit will be accurate and truthful. We reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in its sole discretion, refuse to offer the CLPL Website 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 CLPL Website is revoked in those jurisdictions.

 

INTELLECTUAL PROPERTY NOTICE

Copyright © 2018 Classic Legends Pvt. Ltd. ALL RIGHTS RESERVED.

 

Users’ Comments and Information Collected

The Company does not assume any obligation to monitor the information that you may post on its website.

You warrant that any and all information, projects, files or other attachments sent to us  (‘Material’) or comments other than personal data, that you may transmit to the Company through the website does not infringe intellectual property rights or any other applicable law. Such Material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or Material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such Material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such Material and/or comments in any way it chooses.

We collect information from a variety of sources, directly and indirectly. The term “Personal Data” means information relating to an identified or identifiable individual (i.e. a natural person). All of the information we collect about you is used to monitor the use of the site and develop world-class products and services of superior quality. Such use does not result in any personally identifiable information being collected or stored. By submitting your Personal Data through this website, you shall be consenting to it being handled in accordance with the site's online Privacy Policy. You agree to provide true and complete information about yourself by registering on this site and you are solely responsible for protecting your password and all acts by way of use of your password. If you have submitted Personal Data through this website and wish us to cease using it for the purposes submitted, please contact us. 

(C) USER RULES OF CONDUCT

By using this CLPL Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this CLPL Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the CLPL Website) as are acceptable for a user policy:

 

Applicable law - Severability

These Terms of Use are governed by the Indian Law. The courts in Mumbai have exclusive jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use.

If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and the remaining provisions shall remain in full force and effect.

Modifications of the Terms of Use

The Company reserves the right to change the Terms of Use under which this web site is offered at any time and without notice. You will be automatically bound by these modifications when you use this site, and should periodically read the Terms of Use.

After having read and understood the disclaimer and copyright notice, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility.

(H) INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CLPL, 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 CLPL Website 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. We reserve 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 CLPL in asserting any available defences.

(I) INTERNATIONAL

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

(K) ENTIRE AGREEMENT

These Terms of Use and other referenced material are the entire agreement between you and CLPL with respect to the CLPL Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and CLPL with respect to CLPL Website 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 our prior written consent. We 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.

 

Classic Legends Private Limited: ONLINE BOOKING AGREEMENT

USER AGREEMENT

This website terms of use ("member agreement") is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This member agreement does not require any physical, electronic or digital signature.

This member agreement is a legally binding document between User and Classic Legends Private Ltd, (both terms defined below). This member agreement will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship and transaction between User and Classic Legends Private Ltd for the limited use of the services offered through website.

Please read the terms of member agreement carefully before using or registering on the website or accessing any material, information or availing services through the website. If you do not agree with these terms, please do not use the website or avail any services being offered through the website.

Classic Legends Private Ltd reserves the right to change the terms of this member agreement from time to time and without prior notice.

TERMS & CONDITIONS:

The following terms and conditions are applicable to visitors, customers of Classic Legends Private Ltd (hereinafter referred to as “CLPL”), users or any other who access or use the service (hereinafter referred to as “User”) transacting on this online platform who intend to purchase a specific model of  CLPL’s Jawa Motorcycle (the “Motorcycle”) and make an online booking for the same (the “Booking”). The singular refers to the plural and vice versa. The term “he” is gender neutral. The “Dealership” is the Classic Legends Private Limited’s dealership selected by the User from which the User wishes to purchase the Motorcycle.

The service of the website is offered to the User on the condition that the User accepts the terms contained herein:

1. User is a resident of India and aged 18 years or more at the time of Booking of the Motorcycle.

2. The User is legally entitled and not prohibited from owning and/or purchasing a motorcycle in the jurisdiction of purchase.

3. The User has selected the Motorcycle and Dealership as per his choice for the delivery.

4. The User acknowledges the Images & Colors on the website are graphic representation of the actual Motorcycle. CLPL has taken every effort to make a true representation. However, the actual images & colors depends on the display device of the User and cannot be guaranteed by CLPL.

5. The User understands the information provided by the User on this website shall need to be supported by adequate documents of identity proof, address proof as may be required by the selected Dealership for the purpose of registration of the Motorcycle and for compliance with local laws. The User represents and warrants that he has the required documents.

6. The Mobile number as provided by the User will be his unique identification. The User will not be able to change his Mobile number as this will be reference for all the Booking usage hereafter.

7. The vehicle invoicing at the Dealership shall be strictly as per the specifications filled in by the User at the time of Booking.

8. The Booking amount paid by User to CLPL on this website will be adjusted against the purchase price of the Motorcycle, payable by the User to the Dealership.

9. The price of the Motorcycle shall be the price applicable on the date of delivery of the motorcycle to the User by the dealership. It is specifically understood that the Booking is not an option or an implied fixed price contract. No interest is payable by CLPL or Dealership on the Booking amount.

10. Payments made by the User for Booking the Motorcycle through different payment options like Internet Banking / Debit Card / Credit Card will be subject to the terms and conditions as applicable at the respective payment gateways.

11. The User will be redirected to a third-party site for his transaction. CLPL does not guarantee or warrant the accuracy or completeness of the information, services or process of the third-party site. Any transaction fee / brokerage on the third-party site will be borne by the User. The User will be redirected to the website post the successful transaction of payment for Booking.

12. Payment will be accepted only in Indian Rupee and only by electronic format as above. Cash payment is not acceptable.

13. After online submission of the form and a valid online payment transaction, the system will generate a Unique Booking Identity Number for the receipt of payment towards the booking amount.

14. The Unique Booking Identity Number is a random generated code for identification of the User with his booking. It does not guarantee any specific delivery sequence at the Dealership.

15. The User shall use the Unique Booking Identity Number to communicate with the Dealership and CLPL for any future communication.

16. The User may make further enquiries, if any, with the selected dealer, post 3 working days of the online transaction.

17. Delivery of the Motorcycle (variant, or color preference) may be affected by production constraints and sequence and date of delivery will not match the date of Booking.

18. The Dealership and CLPL will make reasonable efforts to keep the User informed before the completion of the sales process.

19. CLPL or Dealership will not be responsible for any delay, loss or non-receipt of online Booking information or any other form of submission not contemplated herein.

20. CLPL and Dealership will not assume any liability for any inability or failure on their part in executing any order registered by any User on account of any causes, constituting a force majeure or otherwise, beyond their control. The User is requested to thoroughly read and understand updated specifications, features of all the product posted on CLPL Website before making their choice.

21. Original documents including but not limiting to Driving License/ Passport / PAN Card / Aadhar Card /, as the case may be will be required to be produced at the time of taking delivery of Motorcycle from the authorized dealer.

22. The ex-showroom prices applicable in your city on the date of Booking will be available with the Dealership where delivery is intended to be taken. The On-Road price displayed includes basic components only any other additional component or service if mandate for purchase as per dealer shall be borne by User.

23. The final price of Motorcycle will be as per the existing price at Dealership during final delivery.

24. Motorcycle specification is subject to change at any point of time without any prior intimation.

25. CLPL reserves the right to change the Dealership for the purpose of sale and delivery of the Motorcycle.

26. Delivery Schedule: CLPL will schedule and inform deliveries to the Dealership. User will be informed, on dispatch of the Motorcycle from CLPL to the Dealership. The Dealership will communicate to the User the likely day of delivery. The User is required to present himself in person at the Dealership with the aforementioned documents to pay the remaining amount and then take delivery.

27. Cancellation Policy for Booking on website: User can cancel his Booking before invoicing at dealership. The Booking can be cancelled only on the website. The Booking amount as applicable will be refunded net of transaction charges to the same account from where Booking was generated.

28. CLPL and its partners may contact User regarding cancellation request or Booking via email / SMS / call.

29. CLPL has the right to change the terms and conditions of the offer without prior notice. CLPL reserves the right to alter any terms and conditions or the process itself at its sole discretion as and when considered necessary.

30. In an event of the demise of the customer, the Booking / Allotment / Retention stands cancelled and will be refunded as per refund terms mentioned, to the nominee on the production of original documents as stated by Dealership.

31. In case of any dispute, inconvenience or loss occurs due to User negligence, non-compliance or breach of applicable law, the User agrees to indemnify CLPL, its directors, employees, business partners and Dealership.

32. CLPL, its directors, employees, consultants, assume no liability whatsoever for any direct or indirect loss or damage arising from applicants applying for purchase of the Bike as per the terms and conditions stated herein. CLPL may terminate or withdraw the offer, change the terms and conditions for any loss or damage, howsoever arising.

33. By choosing to pay online towards the Booking of the Motorcycle, the customer agrees to abide by the local laws governing sale of Bikes.

34. Offers & discounts (Dealership / CLPL) are subjected to customer’s eligibility and offer availability at the time of purchase which shall be confirmed by dealer. Neither CLPL nor Dealership guarantees any offer or discounts displayed. It will be at the discretion of Dealership/ CLPL, if any.

35. In case of non-individual customer, delivery would be made to the same authorized signatory, who booked the vehicle upon production of the requisite authority letter.

36. CLPL provides no warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranty of fitness for a particular purpose or intellectual property. CLPL expressly disclaims any duty to update or revise the materials or protection from virus etc. on this website. User acknowledges that use is at User’s sole risk and User assumes full responsibility and cost associated or consequent to use of this website. User further acknowledges that CLPL shall not be liable for any damages of any kind related to use of this website.

37. Indemnification: User agrees to defend, indemnify and hold CLPL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to User’s use of the website.

38. No transfer or assignment: The User will not assign or transfer the his rights to any third party.

39. In case of any dispute relating to the transaction or any other matter arising for use of this website for the purpose of Booking, the same will be subject to the exclusive Jurisdiction of the appropriate Court at Pune.

40. Arbitration: All Disputes shall be referred to the sole Arbitrator appointed by CLPL, at its sole discretion, Arbitration shall be conducted in English under Arbitration and Conciliation Act, 1996 and the rules and regulations made thereunder. Venue of Arbitration shall be at Pune. For this purpose, the Governing Laws shall be Indian Laws and the appropriate Court of Pune shall have exclusive jurisdiction.