IMPORTANT: PLEASE READ THESE TERMS OF USAGE ("TERMS") BEFORE REGISTERING AND USING "MAHINDRA FOR YOU" MOBILE APPLICATION SERVICES.
ALL RIGHTS INCLUDING TRADEMARKS AND COPYRIGHTS OF "MAHINDRA FOR YOU" (DEFINED HEREINAFTER)
MOBILE APPLICATION SERVICES ARE OWNED BY MAHINDRA & MAHINDRA Limited (HEREINAFTER REFERRED
TO AS "M&M OR COMPANY") AND
MAHINDRA FOR YOU HEREBY SETS OUT THESE TERMS AND CONDITIONS FOR ITS USE BY ALL ITS USERS
(HEREINAFTER REFERRED TO AS "USER OR YOU').
THESE RULES OF USAGE SHALL APPLY TO ALL MATTERS CONCERNING THE USE OF THE MAHINDRA FOR YOU
MOBILE APPLICATION AND SERVICES ("MAHINDRA FOR YOU" OR "APP") PROVIDED BY THE COMPANY. YOU CAN
REGISTER FOR MAHINDRA FOR YOU ON YOUR MOBILE DEVICE. BY REGISTERING FOR MAHINDRA FOR YOU, YOU WILL
BE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY
AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU SHALL BE BOUND BY THEM TILL TERMINATION OF
YOUR REGISTRATION WITH MAHINDRA FOR YOU.
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 MAHINDRA FOR YOU OR M&M. 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 (Scope of Use)
Mahindra For You is only for individuals who own Mahindra brand vehicles, which were originally
purchased through authorized dealers of M&M and who have registered on Mahindra For You
("User").
The Company may vary these Terms at any time 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 Mahindra For You, by publishing the
varied Terms on the home screen of Mahindra For You.
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 Mahindra For You after any variation to these Terms, the User shall be deemed to
have accepted the revised/ modifies Terms. The Company shall grant the User the right to use
Mahindra For You, 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 Mahindra For You 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 Mahindra For You)
The content of the Mahindra For You service being made available to the User under these Terms
shall be set out in a separate document or within Mahindra For You. The Company may change any
or all aspects of Mahindra For You, including but not limited to the display, content and user
interface of Mahindra For You, at any time and without any prior notification to the User.
Certain individual services may be purchased through Mahindra For You (each referred to as the
"Individual Service"). Individual Services may be provided by the Company or a third party
provider (referred to as an "Individual Service Provider"). The User shall consent to these
Terms and any other rules 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 rules or guidelines ("Guidelines") applicable to any or all Individual Services, the
Guidelines shall prevail but only to the extent of any inconsistency. In all other cases,
these Terms shall prevail over any other Guidelines applicable to any or all Individual
Services.
Key Individual services currently comprise of the
following:
-
VehicleBooking management
View the details of the booking like model, payment etc & track the status of the order.
-
KYC document upload
Upload the KYC documents such as Aadhar & PAN card for the vehicle purchase.
-
Service Appointment
Request service appointment or reschedule or cancel the appointment and check estimate.
Check vehicle service status and next service due. Further, users may also use service
of online payment, for which Terms & conditions are defined separately and included in
the Individual Service.
-
Road Side Assistance (RSA)
Supports Road Side Assistance during vehicle breakdown to the selected car, which is
eligible for RSA support. Further, users may also use online payment for purchase of RSA
scheme, for which Terms & conditions are defined separately and included in the
Individual Service.
-
Service History
Users may also view invoices, receipt generation, policies, personal records, e-payment
and Notifications related to policies renewal etc.
-
Extended Warranty
Features to view & purchase Extended Warranty. Further, users may also use online
payment for purchase of EW policy for which Terms & conditions are defined separately
and included in the Individual Service.
-
Owners Manual
View contents about the vehicles in downloadable digital form
-
Dealer Locator
Provide list of dealers with telephone numbers to facilitate users to reach out to
Mahindra for inquiries and feedback.
-
Notification
The Users can receive and view different types of message/notifications like service
reminders, insurance due, seasonal tips, service campaigns and updates sent from the
Company or authorized Dealers. Further it also captures likes & comments, multimedia
promotional messages, etc.
The App may transmit information via push notification as one of the Individual Services set
out in Article 2(vi). 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 Mahindra For You or
its services.
Mahindra For You is available in all the States and Union Territories of India ("Serviced
States"). The Company may increase or decrease the number of Serviced States, or vary the
scope of the services offered through Mahindra For You in any of the Serviced States, at any
time and without prior 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 use of Mahindra For You and
its services.
The Company does not warrant, represent or undertake that:
Mahindra For You 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 Mahindra For You 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 Mahindra For You will meet a User's expectations.
All implied warranties, except those that cannot be lawfully excluded, are excluded.
Article 3 (Use of Mahindra For You)
By clicking the 'AGREE' button below, the User agrees to be bound by these Terms. In order
to install access and use Mahindra For You, the User must satisfy the minimum age requirement of
18 years as on the date of registration on Mahindra For You and have full legal capacity to
contract under the laws of India.
The User shall not use Mahindra For You 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 Mahindra For You in any manner that would,
or could reasonably be expected to, interfere with any other party's use of Mahindra For You 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 Mahindra For You)
The Company may suspend or terminate the use of Mahindra For You by the User at any time without
prior 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 the User no longer owns a Mahindra brand vehicle;
- the User has acted in breach of these Terms;
- the User chooses to terminate the future use of Mahindra For You through the application
screen of Mahindra For You ;
- the User has made a false representation to the Company vis-Ã -vis his or her personal
identification including but not limited to his or her age, telephone number, e-mail
address
or other such personal information (referred to as the "Personal Information");
- the User has improperly used Mahindra For You or used Mahindra For You for any activities
prohibited under or in contravention to any law or in infringement of any party's rights
;
- the User has disturbed or interrupted the operation of Mahindra For You; or
- the User has used or caused any person to use Mahindra For You in a manner that is deemed by
the Company to be inappropriate, unethical or illegal or in violation of these Terms,
Company's Privacy Policy applicable to Mahindra For You ("Mahindra For You Privacy Policy"), or
any policy of the Company.
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 Mahindra For You or any services provided by it.
Article 6 (Login Information)
In order to make use of Mahindra For You, the User will need to register an account with the
Company ("Online Account"). In order to register an Online Account, the User must:
- provide the Company with complete and accurate personal data;
- ensure that his or her use of Mahindra For You is in accordance with these Terms and all
applicable laws; and
- select a username and password ("Login Information").
By registering an Online Account with the Company, the User warrants, represents and
undertakes that:
- he or she has given complete and accurate registration information and personal data,
and will keep that information updated; and
- his or her use of Mahindra For You does not violate these Terms or breach any applicable
laws.
All information, including personal data, of the User collected or accessed by the Company
through User's usage of Mahindra For You, to the extent applicable shall be subject to the
Mahindra For You Privacy Policy as available at
https://www.withyouhamesha.com/privacy_policy.aspx
Article 7 (User's Responsibility)
The User is responsible for all activities that occur in connection with his or her Login
Information. Accordingly, the User must take steps to protect the confidentiality of his or
her Login Information.
The User must not disclose his or her Login Information 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. The User shall be solely responsible for
maintaining confidentiality of their Online Account and their Login Information as well as
for all activities on their Online Account.
It is the duty of the User to notify the Company immediately in writing of any unauthorized
use of their Login Information or Online 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, its affiliates or authorized
dealers/service provides executes or performs any action.
The User shall be solely responsible for all loss, harm and damage arising as a result of
the use of his or her Login Information.
The User shall not use the Login Information of any third party at any time and shall be
solely liable and responsible for any loss, harm, damage, cost and action arising from a
breach of this Article.
Article 8 (Changes to Personal Information)
The User shall promptly update his or her Personal Information in accordance with Mahindra
Mahindra For You Privacy Policy.
The Company shall not be responsible for any loss, harm, damage or inconvenience that the
User suffers as a result of his or her failure to comply with this Article.
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 accesses Mahindra For You and any accompanying equipment or software at
his or her sole cost and expense. The User hereby agrees and understands that he / she uses
Mahindra For You entirely at his or her sole discretion and own risk.
Certain services and functions of Mahindra For You (including the Individual Service) will only
work if the current positioning information (Global Positioning System) 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 or inconvenience
incurred by the User for his or her failure to comply with this Article.
Article 10 (Changes and abolishment of an Individual Service)
The Company may change or abolish a specific Individual Service of Mahindra For You at any time
without prior notification and without incurring any liability to the User.
Article 11 (Termination of an Individual Service)
The Company may cancel and thereby terminate the provision of an Individual Service at any
time without prior notification and without incurring any liability to the User.
Article 12 (Temporary suspension of the provision of the Mahindra For You
service)
The Company may temporarily suspend the provision of Mahindra For You without liability or
notification to the User and at any time in any of the following circumstances:
- periodical or emergency maintenance of Mahindra For You is conducted;
- the provision of Mahindra For You becomes impossible due to events or acts outside of the
Company's control, including but not limited to, 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, pandemic, epidemic, disasters (man-made or natural), war,
insurrection, terrorist act, riot, labour dispute or other labour problems, accident,
emergency, delay, overbooking, cancellation, change in Law or action of government;
- communication services (including internet connectivity) are suspended;
- network disturbance occurs as a result of the environment in which the Information
Communication Terminal is used; and
- when the Company judges it necessary to temporarily suspend the provision of Mahindra
Mahindra For You for legal, security, operational or technical reasons.
Article 13 (Compensation of damages)
If the use of Mahindra For You by the User causes damage, harm, loss 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 and/or acts or omissions in relation to Mahindra For You by the User
violates these 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 14 (Indemnification and Limitation of Liability)
To the maximum extent permissible under applicable laws, the Company shall not be
responsible for any damage, harm, loss or inconvenience suffered by the User as a result of
his or her use of Mahindra For You.
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, action, 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 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, 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 Mahindra For You by
the User, whether direct, indirect or consequential, arising out of or referable to Mahindra
Mahindra For You or to the installation, access and use of Mahindra For You 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 Mahindra For You or to the
installation, access and use of Mahindra For You 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/event/act 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, pandemic, epidemic, disasters (man-made or natural), war, insurrection,
terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay,
overbooking, cancellation, or action of government.
Article 15 (Personal use of Mahindra For You)
All rights including without limitation the intellectual property rights, in all content
available through Mahindra For You 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 Mahindra For You for any purpose other than
the personal use of the User without obtaining the prior written consent of the Company.
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 Mahindra For You or
make such information available to the public or to third parties without obtaining the
prior written consent of the Company.
Except where necessary for and incidental to personally installing, using and accessing
Mahindra For You through the User's Information Communication Terminal, or as permitted by these
Terms or under applicable laws, no part of Mahindra For You 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 16 (Prohibited matters)
The User shall not use Mahindra For You for commercial activities or commercial purposes or in
any manner or for any purpose that is violative of these Terms or any other policies
published by the Company from time to time.
The User shall not use Mahindra For You 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 Mahindra For You application for or in connection with any illegal
purpose or activity.
The Mahindra For You application is not intended for distribution or use by any person in any
jurisdiction or country where such use and/or distribution would be contrary to local laws,
rules of the service and the Mahindra For You application 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 Mahindra For You application or the service 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 Mahindra For You application or the service, or any part thereof, or the
information contained therein, to any other party.
The User Shall not copy the Mahindra For You application or the information accessible through
the service onto any public or publicly accessible network, or make any additional copies of
or reproduce in any way the whole or any part of Mahindra For You application or the services
whatsoever.
The User shall not remove or tamper with any proprietary notices, marks, content or labels,
including but not limited to copyright notices or data source attributions, attached to or
contained within Mahindra For You application or the service provided by it.
The User shall not use Mahindra For You application or the service in any way that may lead to
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 websites, servers, systems or equipment used
in the provision of the service by the Company, and authorized dealers of the Company or any
other third party engaged by the Company, and shall not access or attempt to access any user
data or to penetrate any of the security measures relating to the service.
Article 17 (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
Mahindra For You 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 the terms of these Terms, and shall guarantee the secrecy of the User's
communications in accordance with Mahindra For You Privacy Policy.
Article 18 (Treatment of Personal Information)
For the purposes of these Terms, "Personal Information" shall mean to include any
information related to the User as recognized under the Company's Mahindra For You Privacy
Policy. All Personal Information collected, accessed or handled by the Company through
Mahindra For You application shall be as per the terms of Mahindra For You Privacy Policy, as
amended from time to time and the applicable laws.
It is the responsibility of the User to read and understand the terms of the Mahindra For You
Privacy Policy as updated from time to time.
Article 19 Payment for Individual services using Mahindra For You
All usage fees for Individual Services, if any, may be paid using the payment gateways
within Mahindra For You made available by the Company for this purpose.
Article 20 (Cancellation of the use of Mahindra For You by the User)
If the User wishes to cancel his or her use of Mahindra For You, 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 Mahindra For You, 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 Mahindra For You.
Article 21 (Law and Jurisdiction)
User shall be responsible for compliance with all applicable laws. These Terms are governed
by the laws of India and the courts at Ramanagara District shall have exclusive jurisdiction
over any matters or disputes concerning or arising out of these Terms. .
Article 22 (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 remaining 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.
These Terms and any terms of use applying to an Individual Service constitute the entire
agreement between the User and the Company in relation to Mahindra For You and supersede in
their entirety any and all written or oral agreements previously existing between the User
and the Company with respect to such subject matter.
Article 23 (Updates)
Company reserves the right to update these Terms as and when need arises, without prior
notification to its Users and the same will be made available on Mahindra For You application.
Company urges the Users to visit the Mahindra For You application or the Company websites
periodically to make sure the User is aware of any changes to the Company's policies and
practices. User's continued use of the Mahindra For You application following the posting of
changes to these Terms shall be deemed the User's acceptance of those changes. Company shall
not be liable for any damages that User may suffer as a result of any changes to these
Terms.