HONDA The Power of Dreams

USER ELIGIBILITY

1. Only legal residents of the India are eligible to use the Services. The Services are provided to individuals for their personal, non-profit and non-commercial use only.
2. The Services are intended for use by users who are of the legal age required to hold a driver’s license under the applicable laws. If you are under the applicable age to hold a driver’s license in your country or territory of residence, you are not eligible for the Services.
3. In addition to Section 1.2, if you are under the age of 18 (or under the applicable age of majority in your country or territory of residence), you may use the Services only if you have the consent of your parent or guardian, including consent to these Terms.
4. Only those who have registered as One ID members or whose identity may be confirmed through other means permitted by Honda may use the Services.

USE OF THE SERVICE

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY.
2. When you use the Services, or any information or content available through the Services (including, but not limited to, map data, traffic, and directions ; the “Contents”), you must understand that the Services may not be available at all times and the actual conditions may differ from the Contents. You must acknowledge that the Contents are not intended to replace the legal instructions or information otherwise provided, such as travel directions, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc. Accordingly, you must use the Services or the Contents in your independent and reasonable judgment. You are responsible at all times for your conduct and its consequences.
3. You must obey, follow and comply with all actual road conditions, traffic and all other laws and regulations, and police and other governmental instructions. For instance, although the Services may provide an interface that enables you to operate your device on which the Software has been installed, through your voice commands and simplified finger movements while driving a vehicle, it is your sole responsibility to evaluate whether the use of the interface is safe and legal under the circumstances. For the avoidance of doubt, when you operate your mobile device (smartphones, tablets, etc.), you shall use it after stopping at a safe place to the extent not prohibited by applicable laws and regulations and must not operate your mobile device while you are riding because insufficient attention to the road and traffic may cause an accident.
4. The Contents may include information or contents provided by you or third parties (collectively, “Third Party Content”). We are not responsible in any way for your use of Third Party Content and any resulting damages. For instance, we are not responsible for any incorrect or dangerous map directions the Software may access from other applications on your device. You are solely responsible for procuring any Third Party Content and paying any cost and fees therefor.
5. To use the Services, you may need a vehicle equipped with devices (Bluetooth, etc.) for the Services, a mobile device (smartphones, tablets, etc.), a mobile accessory (headsets, earphones, microphones, etc.) and data carrier coverage (collectively, “Other Services”), and you acknowledge that the performance of the Services may vary or may be incompatible depending on the Other Services that you choose to use. When you use Other Services, you must comply with the applicable terms of the Other Services. You are solely and independently responsible for procuring any Other Services and paying any cost and fees therefor. For the avoidance of doubt, the Services are partially spatially restricted to the reception and transmission range of the radio stations of data carrier coverage operated by their respective network operators, requiring the activation of mobile data. In addition, the Services may be affected by obstacles such as atmospheric conditions, terrain conditions, vehicle positions and buildings. We will not provide, or pay any costs and fees related to, Other Services. You hereby acknowledge and agree that some Other Services may not be compatible with the Services and the use of the Other Services is solely and completely at your own risk and responsibility. We shall not be liable for any damages or trouble in the use of Other Services.
6. You are responsible for maintaining the security and control of your account or ID for the Services and the passwords associated therewith. Any action taken through your account or ID shall be deemed to be taken by you.
7. We may change, modify, add or delete any functions or operation of the Services from time to time with or without prior notice, and you agree that failure to update the Software may result in a consequence that you may not continue to enjoy all or a part of the Services. We shall not be liable for any consequence occurring from your failure to timely update the Software.
8. Honda may, from time to time, establish, amend or abolish rules, regulations and manuals (including those on system and device requirements), or give instructions for use, regarding the Services or Software upon our dispatch of a notice to you in accordance with Section 13.1 or our posting on the website associated with the Services. When using the Services or Software, you shall comply with all such rules, regulations, manuals and instructions.

LICENSE AND OWNERSHIP

1. Subject to these Terms, we hereby grant to you a non-exclusive, limited, non-transferrable, non-sub licensable and revocable license to use the Services and the Contents, and download, install and use the Software, solely for personal, non-profit and non-commercial purposes. This license does not include a license to reproduce, modify, create derivative works of, sell, rent, lease, transmit or distribute the Software or its derivative works.
2. The Software may contain a feature that allows us to remotely disable the Software at our reasonable discretion, for instance to ensure that you do not use the Software longer than the term of your license to use the Software or in any other manners that are inconsistent with these Terms. Following a remote disable, the Software may cease to function in some or all respects, and you may lose access to data made with or stored using the Software. You shall acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under these Terms.
3. Except for the license granted in Section 3.1, all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the Services, the Contents and the Software are owned by Honda, its group companies and/or other licensors, and is protected by copyright laws, as well as other applicable laws, regulations and treaties. We grant no other rights, express or implied, to you.

PROHIBITIONS

You agree that as a condition of your license, you may not and agree not to:

1. reproduce, download, distribute, upload, transmit, display, sell, rent, lease, create derivative works of, or otherwise use or exploit all or a part of the Services, the Content or the Software (or their derivative works) other than expressly permitted under these Terms;
2. provide us with false or incorrect information in connection with the Services (including, but not limited to, using a third party’s user name, password, account information, name or other attributes);
3. disclose, transfer or lend your accounts (including, but not limited to, any ID and password associated therewith) to a third party or otherwise allow a third party to use the accounts;
4. use the Services in connection with an Other Service that you do not have an appropriate title or right;
5. move, decompile, reverse-engineer or disassemble the Software, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Services;
6. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services;
7. access, monitor or copy any element of the Services using automated means (including, but not limited to, a robot, spider or scraper);
8. destroy, obstruct, tamper with or alter any system, data or network related to the Services; transmit to us, store on any system related to the Services, or activate, any data containing computer viruses or other harmful computer programs; or otherwise cause loss to us;
9. damage, disable, overburden or impair the Services or any network, hardware, platform, channel, interface or other environment through which the Services are provided;
10. infringe any third party rights or misappropriate any confidential or proprietary information of a third party; or
11. use the Services in any unlawful or improper manner, for any unlawful or improper purpose, or in any manner inconsistent with these Terms or applicable laws and regulations.

FEEDBACK

If you provide any feedback to us concerning the functionality and performance of the Services (including, but not limited to, identifying potential errors and improvements) (“Feedback”), you agree that: (i) your Feedback does not contain the confidential, proprietary or personal information of third parties; (ii) we have no obligation of confidentiality, express or implied, regarding the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you hereby grant to us a world-wide, perpetual, non-exclusive, assignable, sub-licensable, transferable and irrevocable right to use your Feedback without payment to you for any purpose, including to improve the Services and create other products and services, and irrevocably waive, and cause to be waived, against us and other parties designated by us, any claims and assertions of any moral rights contained in such Feedback.

PRIVACY

We may collect information from you regarding use of the Services, which may include personal information. For more information about our collection, use and sharing of your information, please refer to our Privacy Policy, URL of which is described below.

https://global.honda/en/roadsync-duo/pp/IN/oneid.html

You can also check the privacy policy of Honda Motorcycle and Scooter India Pvt. Ltd, the URL is below.

https://www.honda2wheelersindia.com/privacy-policy

You may be entitled by local legislation to make certain privacy requests to us. However, as these requests would incur a processing cost, users shall moderate the frequency of such requests. Grossly repetitive or unreasonable request may be deemed to be a form of abusive behavior in violation of these Terms.

SUSPENSION AND TERMINATION

1. You may, at any time, terminate the Agreement, i.e., your use of the Services, based on the process designated by us. Upon the termination, you must immediately cease using the Services and destroy or delete all copies of the Software from any of your devices, and our rights and your obligations shall survive the termination.
2. We may, in our sole discretion and without notice or liability to you, restrict, suspend or terminate your use of, or access to, all or a part of the Services, if: (i) we believe that you violate any of these Terms, or the grant of the right to use the Services to you is otherwise inappropriate; (ii) we are required to do so under law, rule, regulation or other governmental orders, decisions or instructions; (iii) any unexpected technical issues or problems occur; (iv) a regular or emergency maintenance is conducted; (v) we cannot contact you despite multiple trials; or (vi) circumstances arise that are reasonably beyond our control (including, but not limited to, earthquake, flood or other natural disasters, catastrophe, epidemic, pandemic, labor dispute, civil disruption, war, power failure, data transmission failure, network failure, a failure of telecommunication equipment or amendment of law or regulation).
3. We may, for any reason whatsoever, including for convenience, in our sole discretion and without any liability to you, restrict, suspend or terminate your use of, or your access to, all or a part of the Services, upon 30 days following either our dispatch of a notice to you in accordance with Section 13.1 or our posting on the website associated with the Services.
4. When we terminate your use of the Services pursuant to Section 7.2 or 7.3, the Agreement shall be immediately terminated. Upon the termination, you must immediately cease using the Services and destroy or delete all copies of the Software from any of your devices, and our rights and your obligations will survive the termination.

NO WARRANTIES

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES. HONDA AND ITS GROUP COMPANIES (COLLECTIVELY, THE “HONDA GROUP COMPANIES”) DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL NOT CONTAIN ERRORS. HONDA GROUP COMPANIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET LEGAL REQUIREMENTS FOR USE WITH VEHICLES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HONDA GROUP COMPANIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES OR AGAINST INFRINGEMENT.
2. You hereby acknowledge and agree that certain atmospheric, geographic or topographic conditions, failure, congestion or outages of utility or wireless networks, and other various conditions beyond our control may prevent or delay us from providing the Services to you, or affect the quality of the Services.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE HONDA GROUP COMPANIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER ANCILLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE OR RESULT FROM OR IN RELATION TO THE USE OF, OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED. NOR SHALL HONDA GROUP COMPANIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL HONDA GROUP COMPANIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THE SERVICES (WHETHER BASED ON CONTRACT, GUARANTEE OR TORT LIABILITY, OR ANY OTHER LEGAL GROUND) EXCEED TWENTY FIVE UNITED STATES DOLLARS ($25).

INDEMNIFICATIONS

You shall indemnify, hold harmless, and defend the Honda Group Companies, and their officers, employees, directors, representatives, agents, licensors and suppliers from and against any damages (including, but not limited to, all attorney’s fees and expenses), claims and lawsuits that arise or result from or in relation to your use of the Services or vehicles, including, but not limited to, property damage, personal injury or death.

TERMS FOR ONE ID; TERMS FOR INDIVIDUAL SERVICE OR SOFTWARE

1. Your One ID membership, as well as your creation and use of One ID, is subject to the terms and conditions set out by Honda or its group companies separately from these Terms. To create and use One ID, and hold One ID membership (including for the Services), you must agree to those terms and conditions in the manner set forth therein. Such terms and conditions are incorporated into these Terms by reference, and any breach of such terms and conditions shall be deemed to be a breach of these Terms.
2. These Terms set out terms and conditions generally applicable to your use of the Services (including the Software). Honda or its group companies may set out additional terms and conditions applicable to individual Service or Software. To use such Service or Software, you must agree to those terms and conditions in the manner set forth therein. Such terms and conditions are incorporated into these Terms by reference, and any breach of such terms and conditions shall be deemed to be a breach of these Terms.

GOVERNING LAW AND JURISDICTION

1. These Terms shall be governed by the laws of India, without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is not applicable.
2. Any dispute between you and Honda regarding these Terms will be subject to the exclusive jurisdiction of the Courts at Gurugram, Haryana as its first instance.

MISCELLANEOUS

1. Notice: We may notify you via your e-mail or postal address associated with your One ID account or your account for the Services, postings within the One ID account or your account for your Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications. The notices are deemed to be received by you on the date of the email or posting. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. Even where any notice is unable to be delivered because your contact information is not accurate, current or complete, such notice shall be deemed to be received on the date of the email or posting made in accordance with this Section 13.1.
2. Non-Assignment: You may not assign or otherwise transfer the Agreement or your rights and obligations under the Agreement, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under the Agreement to a third party without your consent.
3. Severability: If any provision of these Terms is held unlawful, invalid or unenforceable for any reason, the remainder of these Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
4. English Version: The English version of these Terms will be the version used when interpreting or construing these Terms.
5. Entire Agreement: These Terms and the provisions referenced herein constitute the entire agreement between you and Honda pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall a waiver constitute a continuing waiver unless otherwise expressly provided.

OTHER PROVITION

You are responsible for making payments for One ID Service pursuant to the terms and conditions separately agreed between you and Honda, its group companies or its or their distributors. For the purposes of these Terms, any failure to make such payment on the applicable due date shall be deemed to be a breach of these Terms.