TVS Connect Terms of Service

BY SIGNING UP TO USE THE TVS CONNECT APP ("APPLICATION"), LOGGING IN, OR USING THE Application, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE ("TERMS" OR "TERMS OF SERVICE") SET FORTH BELOW.

The Services (as defined below) are provided to you, the owner or the user of the TVS vehicle ("you" or "your") by TVS Motor Company Limited ("TVS", "we" or "us" which terms include the affiliates, parents and subsidiaries of TVS Motor Company Limited), and certain third-party service providers (together be referred to as "Service Partners") through our TVS Connect App.

Your use of the Service and the TVS Connect App (hereinafter “Application”) is subject to provisions of these Terms and the terms of Privacy Policy, available on the https://www.tvsmotor.com/privacy-policy.

1. DESCRIPTION OF SERVICES

By use of the Application, you will be entitled to a suite of services such as:

1.1. emergency notification options

1.2. concierge services,

1.3. caller identification,

1.4. mileage/range calculation,

1.5. navigation and infotainment services,

1.6. automatic crash notification services,

1.7. live vehicle tracking,

1.8. geofence of vehicle,

1.9. vehicle statistics,

1.10. service reminders,

1.11. vehicle status,

1.12. vehicle controls,

1.13. roadside assistance,

1.14. service booking,

1.15. connected subscription renewal,

1.16. Such other services as may be included during upgradation of the Application by us or our Service Partners

The aforementioned features shall be collectively referred to as "Service", "Services" or, "TVS Connect Services".

2. SERVICE LIMITATIONS

2.1. Certain features of the TVS Connect Services are provided by us using a device (the "Equipment") installed in your TVS vehicle ("Vehicle" or "TVS Vehicle"). This device connects to your phone via Bluetooth and receives global positioning satellite (GPS) signals. The Equipment when connected to phone using TVS Connect Services, may receive or make calls (depending on the version and make of the Equipment) as initiated by the customer using the mobile service providers as permitted under these Terms.

2.2. The availability and use of TVS Connect Services are subject to limitations, including the following:

2.2.1. Services are available only if you have completed the registration / signed up and logged into the Application;

2.2.2. Services are available only if your Vehicle ignition is on (except for Stolen Vehicle Recovery), and your Vehicle battery is charged and connected;

2.2.3. Services are available only within the territory of India,

2.2.4. Services are available only when the Equipment is in range of your phone which has the Application open and when the phone is receiving sufficient network capacity at that moment

2.2.5. Most Services are only available when your phone is connected to the Equipment via Bluetooth;

2.2.6. Services may be impaired by network communications problems capacity limitations, equipment problems, equipment maintenance, and other factors and conditions;

2.2.7. Services may be limited if your TVS Vehicle does not have Equipment installed;

2.2.8. Services may be affected by inherent limitations of your Vehicle's electrical system and if the Equipment has been damaged or is defective; and

2.2.9. Services are not available if the GPS or the signals are obstructed;

2.3. Events Beyond Our Control- - We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to any compensation as a result of the same.

3. RIGHTS OF TVS

3.1. You agree that TVS may by itself or through its Service Partners contact you by call, message, email, WhatsApp, notification, notification through the Application or other modes of communication regarding matters related to your TVS Vehicle, TVS Connect Services or any other services related to TVS. You also agree to notify TVS promptly if your contact details change.

3.2. TVS reserves the right, without prior notice, to add, change, withhold or suspend Services included as part of the service package offered through the Application.

3.3. We may terminate these Terms and your access to the Services without notification if we suspect your Service account (in whole or in part) is being used for any unauthorized, unlawful or inappropriate purpose.

3.4. We may also suspend the Services, without prior notification, at our discretion for performing maintenance in relation to the Application and/ or the Services.

3.5. Ownership of Verified Carbon Units

As a customer of TVS Electric Vehicle (EV), you hereby consent to transfer the Verified Carbon Units (VCUs), or any other similar benefits associated with your TVS EV to us. By using the vehicle, you acknowledge and agree to the following terms and conditions:

(i) we shall have the sole and absolute ownership rights on the VCUs, or any other similar benefits generated, based on the use / operation of your TVS EV, from the date of purchase until the lifetime of the vehicle.

(ii) we shall also be entitled to use such VCUs or any similar benefits, for any lawful purpose, at our sole discretion as it may deem fit, including but not limited to carbon offsetting

Refer to FAQ section on website for more details on VCU.

4. CONSIDERATION

4.1. There may be no charge of any fees to you for these Services. However, you are responsible for paying directly to third parties, Service Partners and emergency Service providers, all charges for services furnished by them directly to you that are not directly provided by us.

5.DISCONTINUATION, TERMINATION OR TRANSFER OF SERVICES

5.1. You may discontinue the TVS Connect Services by: Uninstalling the Application.

5.2. You may terminate the TVS Connect Services by: Visiting the https://www.tvsmotor.com/account/delete and providing a request to delete your account.

5.3. In case sale of your TVS Vehicle, subsequent to RC Transfer, you may reach out to our Customer Care, to transfer the services of TVS Connect in the name of new owner and delete your existing TVS Connect Account.

5.4. We may terminate these Terms if you breach any provision hereof, in which case you would not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination of your Service. It is solely our decision as to whether to allow you to have Services again.

6. YOUR RESPONSIBILITIES

6.1. Compliance with these Terms- You are responsible for your own compliance with these Terms of Service and for use of your TVS Vehicle or your Services account by you or others, whether or not authorized by you.

6.2. Accurate Information- When you create an account you must provide accurate and complete information; You are required to keep your account and password confidential and secure and not disclose it to anyone; Please contact our support team at customercare@tvsmotor.com immediately in the event you come to know of any breach of security or unauthorized use of your Service or account. You will be solely responsible for all activity in your account.

6.3. Proper Operation of Your Vehicle and Proper Use of the Service- You expressly acknowledge and agree that the use of or any reliance upon any information, content available through the Application or use of the Service is solely and completely at your own risk and responsibility. It is your sole responsibility to ensure that you (and/or any other pillion rider of your Vehicle) follow instructions for use of the Service and exercise good judgment and obey traffic and all other applicable laws and regulations, when operating your Vehicle, using the Equipment and/or the Service, and/or evaluating whether the use of any of the Services (or the routing and direction data you receive) is safe and legal under the circumstances.

6.4. Your Responsibility for Insuring Your Vehicle- The Service is provided to you as a convenience. The Service does not constitute insurance and you should not rely on it to limit the potential for loss, theft or damage to your Vehicle or property. You are solely responsible for obtaining and maintaining all insurance for your Vehicle, your passengers and your property. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.

6.5. Your Responsibility for Maintaining Your Vehicle and Phone- In order for us to provide the Service, the Equipment in your Vehicle and your phone must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service or tamper the Equipment. You are solely responsible for the proper maintenance of your phone, Vehicle and its systems (including the Equipment) and for keeping them in good working order and in compliance with these Terms of Service and all applicable laws.

6.6. No Illegal, Fraudulent or Abusive Use of the Service- You may not use the Equipment, the Service, or the TVS Connect website, in any way that is prohibited as follows:

(i) illegal, fraudulent or abusive, including harassing, threaten, abuse, defame, or slander, any individual or entity.

(ii) reverse engineer, decompile or disassemble the Application /software or any portion thereof, nor otherwise attempt to create or derive the source code (or the underlying ideas, algorithms, graphic designs, order of operations, or any other structures or organization), copy, modify, translate, decode or otherwise attempt to extract any of the source code of the Services;

(iii) tampering of the Equipment or the Services provided by us

(iv) sell, resell, sublicense, transfer, or distribute the Services

(v) Use the Application for purposes other than operating the Vehicle or as otherwise authorized by this Agreement.

(vi) Interfere with, disrupt, or compromise the integrity or security of the Application or its related systems.

6.7. You may use our emergency services, only for actual emergencies and legitimate Vehicle assistance needs. You may not use the Service in a manner that interferes with any other customer’s use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners’ respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives.

6.8. No Commercial Use or Resale of the Service- The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale or time-sharing purposes. Certain information you receive through the Service belongs to us or our Service Partners (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service or any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, attempt to reverse engineer, make derivative works from or otherwise display or distribute the Application, its contents or any information provided through the Service.

6.9. Your Responsibility for Others Who Use Your Vehicle- You are solely responsible for those who use the Service in your Vehicle or use your authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any damages to or expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request the Service for your Vehicle. You are responsible for the security of any passwords you use to access the Service.

7. OUR SERVICE PARTNERS

7.1. Our Service Partners- In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the Application.

7.2. Third Party Service Agreement- If a service is provided directly by a third party, it may require an active service agreement with the third party and will be subject to the third party’s separate terms and conditions.

7.3. Application- Title to and ownership of the software in the Application and documentation and all applicable proprietary rights, including but not limited to, rights in patents, copyrights , author’s rights, trademarks, trade names, graphic design and design elements, order of operations, algorithms, data structure, organizational features, know-how and identified trade secrets in the Application if any, shall remain at all times with us / or our Service Partners and you do not acquire any rights in such Application other than the right to use such Application as necessary for you to avail of the Service as permitted under these Terms of Service. Additionally, we /or our Service Partners may update or modify the Application, or the software contained in your Vehicle’s systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. The software updates and modifications in the Application may affect or erase data that you have previously stored in your Service account or on the Equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or Service.

8. DISCLAIMER OF WARRANTIES.

8.1. YOUR VEHICLE'S LIMITED WARRANTY INCLUDES THE EQUIPMENT IN YOUR VEHICLE, BUT DOES NOT COVER THE TVS CONNECT SERVICES.

8.2. TVS, THE SERVICE PARTNERS, EXPRESSLY STATE THAT THE APPLICATION AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE OR THE APPLICATION, (2) THE SERVICE, (3) NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE; THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, QUIET ENJOYMENT, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE; ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.

8.3. NEITHER TVS, THE SERVICE PARTNERS, REPRESENTS OR WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT TRANSMISSIONS RELATED TO THE TVS CONNECT SERVICES MAY NOT BE SECURE.

8.4. NEITHER TVS, THE SERVICE PARTNERS, NOR ANY OTHER THIRD PARTY SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE TVS CONNECT SERVICES OR THE WIRELESS SERVICE, INCLUDING THE INABILITY TO REACH EMERGENCY SERVICES OR ANY FAILURE OR FAULT RELATING TO EQUIPMENT OR SERVICES PROVIDED TO YOU. NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR.

8.5. YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION (IN CASE YOU HAVE OPTED FOR THE FEATURE OF EMERGENCY NOTIFICATION), INCLUDING IN THE EVENT OF OUR FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL OR TRIGGERING AN ALERT TO YOUR PRE-SET EMERGENCY CONTACTS. TVS DOES NOT TAKE THE RESPONSIBILITY OF THE AUTHENTICITY OR TIMELINESS OF THE EMERGENCY DATA TRIGGER AND SHALL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THEREOF.

9. LIMITATION OF LIABILITY

9.1. Neither we, nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Vehicle or Service, or any product or service provided by or manufactured by third parties.

9.2. IF WE, AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, OUR AGGREGATE LIABILITY AND THAT OF OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO INR 1000/- . YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION.

9.3. IN NO EVENT SHALL WE, OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, ANY FOR PERSONAL INJURY OR PROPERTY DAMAGE, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR), OR ANY ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.

9.4. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF TVS, OR ANY OTHER SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU.

9.5. You understand and agree that TVS and its Service Partners, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands.

10. INDEMNIFICATION

10.1. You agree to indemnify and hold harmless us, and each of our Service Partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively "Claims") irrespective of the nature of the cause of such claims, alleging loss, costs, expenses, damages or injuries (including without limitation, claims for any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any rider / pillion rider of your Vehicle) violation of these Terms of Service.

10.2. You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Services have been suspended, terminated or ended. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment.

11. DATA COLLECTION AND PRIVACY POLICY

11.1. The Application may collect personal data besides usage, diagnostic, and performance data to improve the Vehicle and Application experience.

11.2. Certain data may be shared with third-party licensors of the Application as required under their respective licenses.

11.3. Your use of the Application is subject to the Privacy Policy, available on the https://www.tvsmotor.com/privacy-policy which explains how data is collected, used, and stored.

12. NOTICES

12.1. If You have any questions, complaints or claims with respect to the Services or Application, you can email us at customercare@tvsmotor.com or Call 18002587555 or write to us at TVS Motor Company Ltd., Post Box No. 4 Harita, Hosur - 635 109, Tamil Nadu, India.

12.2. Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most address, we have on file for you.

12.3. Calls with our customer service representatives, emergency personnel or our Service Partners may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services.

13. MISCELLANEOUS

13.1. Dispute Resolution- In the event of any disputes between us, we will first try to resolve it amicably. If we are unsuccessful in resolving our disputes in this manner within a reasonable time period of 30 days, all disputes, differences, claims, controversies and the like, which may arise between the parties to this Agreement or any other agreement or document in relation to this, including construction, meaning or operation or effect of this Agreement or breach thereof, shall be referred to arbitration of a sole arbitrator to be nominated by the MCCI Arbitration, Mediation and Conciliation Centre (MAMC), The Madras Chamber of Commerce and Industry, Chennai – 600 035, at the request of the authorised signatory of either Parties, as the case may be, and such arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or its statutory amendments, and in accordance with the MAMC’s Rules of Arbitration and Conciliation or its amendments, in English language, and the seat of arbitration shall be in Chennai. The Award passed by the Arbitrator shall be final and binding on both the Parties.

13.2. Governing Laws- These Terms of Service and any disputes arising out of or relating to it or Application, the Equipment or Service will be governed by the laws of the Republic of India.

13.3. Entire Agreement- These Terms of Service (including the Privacy Statement and any other document or policy incorporated by these terms) constitute the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service, unless such statements, agreements, representations warranties or covenants are expressly contained in or incorporate by these Terms of Service. You cannot rely on any other documents or statements on those subjects.

13.4. Waiver- No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us or will be deemed to waive any other instance or breach.

13.5. Partial Invalidity- If any provision of these Terms of Service shall be invalid or unenforceable to any extent for any reason including by reason of any applicable law, the remainder of such Terms of Service, shall not be affected thereby, and each remaining provision of this Agreement shall be fully valid and enforceable. Any invalid or unenforceable provision of the Terms of Service shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.

13.6. Relationship between the Parties- You and TVS are and at all times shall be, independent contractors in all matters relating to these Terms. Neither these Terms nor the cooperation of the parties contemplated under this Agreement will be deemed or construed to create any partnership, joint venture and employer-employee or principal-agent relationship between you and us or between you and any of our Service Partners.

13.7. Assignment- We only, have the rights to assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, at our sole discretion and you will be intimated on the same through the app.

"I agree to the above"