Status: September 2021
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and in consonance with generally accepted data protection guidelines across all platforms. These User Terms and Conditions (“User T&C”) apply to the access and use of www.mantruckandbusindia.com (hereinafter referred to as the “Website”).
Persons accessing or using our Website are hereinafter referred to as “You” or “Your” or “User” and MAN TRUCK & BUS INDIA PRIVATE LIMITED is referred to as (“We” or “Our” or “Us” or “MTBI”).
This page sets forth the User T&C under which we provide information on this Website, as well as the User T&C governing Your use of this Website. Please read these User T&C carefully before using this Website. By visiting the Website, you agree that these User T&C shall be a legally binding agreement between User and Us. Your use of this Website is expressly conditional on Your acceptance of these User T&C. We may at any time change these User T&C and Your continued use of this Website is conditioned upon acceptance of the updated User T&C.
1. MTBI INFORMATION
MAN TRUCK & BUS INDIA PRIVATE LIMITED is a company incorporated under the laws of India having CIN No. U34102PN2006PTC022147 and its registered office address at Sr. No. 32 & 33 Part, Malpani Agile Pan Card Club Road, Baner, Pune – 411045, Maharashtra, India. MTBI operates as a fully owned subsidiary of MAN Truck & Bus SE (“MAN”), being one of the world’s leading providers of commercial vehicles and intelligent and sustainable transport solutions. MAN and its group companies are hereinafter referred to as “MAN Group”.
MAN TRUCK & BUS INDIA PRIVATE LIMITED is the exclusive owner of the Website.
2.1 The content available on the Website (“Website Content”) is for Your general information and use only. It is subject to change without notice. Unauthorised use of the Website may give rise to a claim for damages and/ or be a criminal offence.
2.3 You shall not use any deep-link robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Website Content.
2.4 Your use of any information or materials on the Website is entirely at Your own risk, for which We shall not be liable.
2.5 Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.6 We may provide information on our Website that has been provided to us by some third parties. Further, the Website may contain links to other third-party sites and We may provide the contact information of such source. These third parties shall have their own separate terms and conditions. Your making contact and dealing with these third parties is solely Your discretion, and We will not be responsible for Your dealings with such third party.
2.7 You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Website content therein. You agree not to use the Website in any manner that might interfere with the rights of third parties.
2.8 We make no warranties or representations about the Website. We are not responsible to You or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of Website. Your use of any information or materials on the Website is entirely at Your own risk, for which We shall not be liable. You agree that the use of the Website do not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employer-employee or any other relationship exists between Us and the Users.
2.9 All materials on the Website is proprietary to MAN Group and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of MAN Group.
2.10 Any violation of these User T&C may result in legal liability upon you. Nothing in these User T&C should be construed to confer any rights to any third party or any other person. Your use of the Website means you are consenting to this User T&C and agree to be legally bound by it.
2.11 You acknowledge and agree that nothing in this User T&C shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Website or any other material or any part thereof to you or any third party.
3. PROHIBITED USE
3.1 As a condition of Your use of the Website, You will not use the Website for any purpose that is unlawful or prohibited by this User T&C or by any domestic or international laws, statutes, ordinances and regulations. Your use of Website is Your responsibility.
3.2 The Website, the processes, and their selection and arrangement, including but not limited to the text, graphics, user interfaces, sounds and music (if any), artwork and computer design code, structure, photographs of the Website, arrangements of the Website is owned by Us and protected by the copyright, patent and trademark laws and other applicable intellectual property rights.
3.3 The trademark, logos and service marks displayed on the Website (“Marks”) and the related intellectual property rights and variants thereof, and the domain name, including but not limited to, all rights, title and interest in the copyright, related rights, patents designs, know-how, inventions (including any pending patent applications), goodwill, source code, databases, text, graphics, icons, and hyperlinks relating to the Website are the property of MAN Group. You are not permitted to use the Marks and the related intellectual property on the Website without the prior written consent of MTBI.
3.4 You acknowledge and agree that You shall not copy, download, republish, post, display, reproduce, distribute, transmit any Website content through any medium without obtaining any prior written consent and authorisation from Us. The access to the Website do not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Website content.
3.5 You shall not display, upload, publish, transmit, update any information on the Website that shall infringe any patent, copyright or other intellectual property rights of MTBI.
4. USE OF ANALYTICS & GPS
The Website may use a web and mobile analytics service provided by a third party analytics provider. The third party analytics provider shall collect and use information for the purpose of evaluating Your use of the Website, compiling reports on Website activity for operators and providing other services relating to Website activity and Internet usage. The third party analytics provider may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the third party analytics provider’s behalf. By using this Website, you consent to the processing of data about you by such third party analytics provider in the manner and for the purposes set out above.
5. DATA PRIVACY
6. THIRD PARTY MATERIAL
Some parts of the Website may contain information or other material submitted to the Website by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third parties. We will not be responsible or liable for any claim, error, omission, inaccuracy in third party information or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website. We reserve the right to omit, suspend or change the position of any such information reflecting on the Website.
7. TYPOGRAPHICAL OR OTHER ERRORS
While We take reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the content of and on this Website at any time without notice to you. While we make reasonable efforts to prevent unauthorized tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below, we do not warrant that the Website materials will be error-free and disclaim any liability for such errors.
8. APPLICABLE LAW
This User T&C shall be a legally binding agreement between User and us and shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, we reserve the right to pursue any action or claim against you in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. Subject to the arbitration provision herein, the courts at Pune shall have exclusive jurisdiction over any claims or matters arising out of these User T&C.
9. DISCLAIMER OF WARRANTIES
We, our associates, our technology partners make no representation or warranties as to the accuracy, timeliness, or completeness of the Website materials. We periodically amend, change, add, delete, update or alter the information, including, without limitation, the User T&C, at the Website without notice. Further, we assume no liability or responsibility for any errors or omissions in the content of the Website. We specifically disclaim any duty to update the information on the Website. You are responsible for verifying all information located on this Website.
10. ENTIRE AGREEMENT
We reserve the right to modify them at any time, and without actual notice to you. All such changes to these User T&C will appear on the Website.
By using the Website following any modifications to this User T&C, you agree to be bound by any such modifications to these User T&C. If any changes to this User T&C are unacceptable to You, you must discontinue the use of the Website. We reserve the right to suspend or deny, in our sole discretion, Your access to all or any portion of the Website, including for any violation of any provision of these User T&C. We also reserve the right to change the Website without notice to You, at any time.
12. LIMITATION OF LIABILITY
12.1 Use of the Website is at Your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Website, these efforts may fail, and errors may occur. In no event shall MTBI or any other party involved in the creation, production, or delivery of the content of the Website be liable for any direct, indirect, special, incidental, consequential, or punitive damages of any kind, or any damages whatsoever resulting from loss of use, computer virus or system failure, or loss of data or profits, arising out of or in connection with the use or performance of the Website (or the content provided at the Website on any application related to any third party), or users' inability to use the content contained in the Website (or any other application), on any theory of liability. We will not be liable or responsible for any loss or damage caused by or arising from your reliance on the content of this Website. These waivers apply even if MTBI has been advised of the possibility of such damages. In no event shall our liability to you for any damages, losses, or causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed the amount, if any, paid by you to us for accessing this Website. The foregoing limitations will apply even if any remedy provided under this User T&C fails of its essential purpose.
12.2 We make no representations about the suitability of the information, content, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any product, service or information on this Website does not constitute any endorsement or recommendation of such product, service or information by us. All such information, content, software, products, and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from MTBI, are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, content software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by law.
You agree to defend, indemnify, and hold harmless Us, and its affiliates, parents, subsidiaries, and its respective promoters, employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from Your use or misuse of the Website, without limitation, any actual or threatened suit, demand, or claim made against Us arising out of or relating to the Your content, Your conduct, Your violation of these User T&C, or Your violation of the rights of any third party.
14. FORCE MAJEURE
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered by you as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of god, war, riot, civil commotion, government action, explosion, fire, flood, storm, pandemic, accident, strike, lock-out, trade dispute or labour disturbance, internet interruptions, bugs, virus, server breakdown or other interruptions on the worldwide web or internet which is beyond our control.
This User T&C shall remain in full force and effect while you use this Website or are availing any benefit from and by the use of the Website Content. We may terminate or suspend any and all Website Content or Your access to the Website at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with the Website. We may also terminate or suspend any and all Website Content and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this User T&C.
16. GENERAL TERMS
16.1 Modification of Website: We reserve the right to modify or discontinue (completely or in part) our Website or any Website Content appearing therein. We will not be liable to You or any third party if we exercise this right.
16.2 No Waiver: Our failure to exercise or enforce any right or provision of these User T&C will not be deemed to be a waiver of such right or provision.
16.3 No Third-Party Beneficiaries or Rights: This User T&C do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by these User T&C.
16.4 Complaints: In the event, You have any complaint(s) pertaining to Website or Website Content, please feel free to email us at firstname.lastname@example.org and kindly provide Your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.
16.5 Assignment: You may not assign or otherwise transfer Your rights or obligations under these User T&C. We may assign our rights and duties under this User T&C without any such assignment being considered a change to these User T&C and without any notice to you.
16.6 Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office stated above.
16.7 Dispute Resolution: Any dispute relating in any way to Your visit to Website and Website Content shall be submitted to arbitration in Pune, except that, to the extent you have in any manner violated or threatened to violate this Website’s intellectual property rights, in such case, We reserve the right to seek injunctive or other appropriate relief in any court in Pune or internationally, and you consent to exclusive jurisdiction and venue in such courts.
The Arbitration under this User T&C shall be in accordance with the provisions of the Arbitration & Conciliation Act, 1996. The Award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this User T&C shall be joined to an arbitration involving any other party subject to this User T&C, whether through class arbitration proceedings or otherwise.
If you have any questions or suggestions regarding our User T&C, please contact us through email at email@example.com or write to us at Sr. No. 32 & 33 Part, Malpani Agile Pan Card Club Road, Baner, Pune – 411045, Maharashtra, India.