END USER LICENSE AND SERVICE AGREEMENT
I. Acceptance
These JSW MG Motor India Private Limited (hereinafter referred to as “MGI”) Service Terms together with the Privacy Notice and all other additional terms and information that may be provided within the Service (collectively “Terms”) govern your use of the Infotainment & iSMART Mobile App service, site, content, and software (collectively the “Service”). By registering for or using the Service or any portion of it you accept the Terms. The Terms constitute an agreement between you and JSW MG Motor India Private Limited, registered at 10th Floor, Milestone Experion Centre, Sector – 15, Part II, Gurugram, Haryana, India, including its affiliates and suppliers (collectively “MGI”), defining your and MGI’s rights and responsibilities with respect to the Service.
2. Eligibility
To use the iSMART Mobile APP Service, you must be at least Eighteen (18) years of age.
3. Registration and Termination
To use a iSMART Mobile App Service, you will need to register and create a MGI account with username and a password. You may need to provide us with certain personal and other information. MGI may verify your cell phone number before an account can be used. You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify MGI about any misuse. You may terminate your registration if you no longer wish to use the iSMART Mobile App Service. After termination, you will no longer have access to the iSMART Mobile App Service. MGI is not responsible for any removal or loss of the information or content you have submitted for the iSMART Mobile App Service. When information or content is removed from the Service by either you or MGI, traces or copies may remain elsewhere.
4. Licenses
MGI grants you a non-exclusive, non-transferable license, revocable at any time at MGI’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service. As part of the Service, MGI may provide you with content developed by MGI or its licensors (“Content”). MGI grants you a non-exclusive and perpetual license to use. Some Application/s may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Application/s . Any license acquired to third-party Content is a binding agreement between the owner of the vehicle and the third-party Content provider. You have only the rights to the Content which are expressly granted here. As part of the Service, MGI may provide you with certain software developed by MGI or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: MGI grants to you a limited, non-exclusive, non-transferable right to install and use the iSMART Mobile App on your mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. The Software may be subject to export controls under the relevant Indian import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have responsibility to obtain licenses to export, re-export, transfer, or import such Software.
5. Using the Service
You agree to:
1) Comply with applicable laws of the land, and the Terms;
2) Use the Service only for your personal, non-commercial purposes;
3) Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
4) Obtain any consents, permissions or licenses that may be legally required for you to submit any Material;
5) Respect the privacy of others;
6) Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of others.
7) Not to use any automated systems or means to access, acquire, copy, or monitor any part of the service.
8) Be responsible for the consequences related to the Material that you post.
MGI may but has no obligation to:
1) Monitor or moderate any Content or Material;
2) Remove any Material from the Service; and
3) Restrict access to any part of the Service.
6. Content
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. MGI shall not be responsible for any claims or offense caused or suffered by you accessing such Content. You agree:
1) To use the Content only for your personal and non-commercial purposes;
2) To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines, and policies or on the product pages that apply to that particular piece of the Content;
3) Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit make the Content available unless otherwise authorized in the applicable Terms and to inform MGI promptly of any such unauthorized use;
4) Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
5) Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
6) Not to give out your password or otherwise allow other people to access the Content.
The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
The Content is owned and/or controlled by MGI and/or its respective licensors and is protected by intellectual property laws. The third-party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, MGI may enforce the third-party Content license terms against you as a third-party beneficiary of those terms. The third-party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. MGI may be acting as an agent for third party Content provider in providing the Content to you. MGI is not a party to the transaction between you and the third-party Content provider for such Content.
7. Allegations of Copy Right Infringement
You may notify MGI of copyright infringement on the Service by providing notice
1) By email with “Copy Right Notification” in the subject line to legalsupport@mgmotor.co.in.
2) By a document titled “Copyright Notification” mailed to MGI via the online form, if available.
Your notice must:
1) Identify the original copyright work you claim is infringed;
2) Identify the content on the Service that you claim is infringing the copyright work. Please provide enough detail for MGI to locate the allegedly infringing content on the Service;
3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
4) Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed; " and
6) Provide your signature, as applicable.
8. Notice
MGI may post notices in the Service. MGI may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from MGI sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
9. Fees
Your use of the Service may be or may become chargeable. Any fees charged by MGI will be announced separately in connection with the Service. Use of the Service may involve data charges (inclusive of voice and SMS) and associated transmission of data through your network service provider.
10. Order and Payment Terms
MGI might also collect the Visitors or Users billing name, billing address and payment method when the Visitor or User makes an online payment through MGI’s Services. MGI NEVER collects its Visitors credit / debit card information or expiry date or other details pertaining to the Visitors or Users card on MGI’s Services. Credit / Debit card information will be obtained and processed by Company’s online payment partner PayU money and/or online payment partners of MGI's Services Providers. Any third-party service providers we use for processing payments, if any, are validated as compliant with the payment card industry standard (PCI compliant service providers).
11. Cancellations and Refunds
You agree to the electronic delivery of Content being initiated concurrently with your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be refunded.
12. Feedback to MGI
By submitting any ideas, feedback and/or proposals ("Feedback") to MGI through the Service or other means, you acknowledge and agree that:
1) MGI may have similar development ideas to the Feedback;
2) Your Feedback does not contain confidential or proprietary information of you or any third party;
3) MGI is not under any obligation of confidentiality with respect to the Feedback;
4) MGI may freely use, distribute, and further develop or modify Feedback for any purpose; and
5) You are not entitled to any compensation of any kind from MGI.
13. Social Activities and Location Sharing
You may use features in the Service to share your location, status, content, materials or personal information or to interact with other users, sites and services. By using these features, you agree that MGI may use and provide the information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features, you agree not to share information, Content or Material or to link to any service or site that:
1) Contains content or other material that is illegal or inappropriate; or
2) Exploits intellectual property rights without authorization or encourages users to piracy.
Any interaction does not involve MGI and is solely between you and the other user(s)
14. Availability and Technical Requirements
The availability of Content and the Service may vary and is subject to MGI’s sole discretion. MGI expressly disclaims any representation or warranty that any Content or Service will be available. The Service will be available in India only and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network availability, compatibility of the devices used, and the content formats supported. To access the Service, you may need to download a specific piece of software developed by MGI or by another party. MGI may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance periods and other times (because of Govt restrictions). To ensure you have the latest MGI device software and applications, your device may automatically check for the availability of software updates from MGI. If any updates are detected, you will be prompted to approve the installation. You may also update software through available software update channels. If MGI considers a Software update to be important or critical you may not continue using the previous version of the Software. MGI may prevent your use of the previous version of the Software or Service until you install the update. MGI may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your infotainment device in order to protect the Service, application providers, network carriers over whose network you access the service or any other affected or potentially affected parties.
15. Personal Data
The Privacy Notice and any additional privacy information made available to you governs the use of your personal data.
16. Limitation of Liability
The Service is provided on “AS IS” and “AS AVAILABLE” basis. MGI does not warrant that the Service will be uninterrupted or error -free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk. In no case will MGI be liable for any indirect, incidental, punitive, or consequential damages resulting from your use or inability to use the Service.
17. Indemnification
You agree to defend and indemnify MGI from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of
1) Your breach of the Terms,
2) Your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or
3) Misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
18. Miscellaneous
1) Choice of Law The Terms are governed by the laws of the Republic of India without regard to its conflicts of law provisions.
2) Validity The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected, and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these MGI Service Terms and the Privacy Notice, the provisions of these MGI Service Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination.
3) Changes in Terms MGI may modify the Terms at any time without prior notice. If the Terms are changed substantially, conjointly, MGI will provide a separate notice informing of the change. You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
19. Intellectual Property
The Service, Content and Software are protected under international copyright laws. MGI claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, MGI retains all rights, titles and interests in the Service, its Content, the Software and in all other MGI products, software and other properties provided to you or used by you through the Service.
20. Assignment
MGI may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with MGI. Additionally, MGI may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.