These One ID General Terms of Use (these “General Terms”) are an agreement between Honda Motorcycle and Scooter India Pvt. Ltd. a Company incorporated under the Indian Companies Act, 1956 & continuing under Companies Act, 2013, having its Registered Office at Plot No.1, Sector-3, IMT Manesar, Dist. Gurugram 122050 (“Honda”, “we”, “us” or “our”)] and One ID customers (hereinafter “User”, “Users”, “you” or “your”) that govern your creation of a One ID account and use of and access to One ID services, including any individual products, services, application software, platforms and other user interfaces made available through a One ID account (collectively, “One ID Service”).
The purpose of these General Terms is to set forth the terms and conditions of the One ID Service and the rights and obligations between Honda and the User with respect to the use of the One ID Service. The conditions for using the One ID Service are prescribed in these General Terms.
PLEASE READ THESE GENERAL TERMS CAREFULLY BEFORE USING THE ONE ID SERVICE. THESE GENERAL TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HONDA REGARDING THE PROVISION AND THE USE OF THE ONE ID SERVICE. BY CREATING A ON EID ACCOUNT, AGREEING TO THESE GENERAL TERMS, OR USING ANY ASPECT OF THE ONE ID SERVICE, YOU ARE CONFIRMING THAT YOU HAVE FULLY UNDERSTOOD ALL CONTENTS HEREIN AND AGREEING TO BE BOUND BY THESE GENERAL TERMS AND ARE BECOMING A PARTY TO THE AGREEMENT. IF YOU DO NOT AGREE TO THESE GENERAL TERMS, DO NOT USE THE ONE ID SERVICE.
We may amend these General Terms from time to time. Any such amendment will be effective 30 days following either our dispatch of a notice to you in accordance with Section 12.2 or our posting of the amendment on the website associated with the One ID Service. If you do not agree to any change to these General Terms, you must discontinue using the One ID Service. Your continued use of the One ID Service after any such amendments to these General Terms shall be deemed to be an acceptance of any such amendments.
USER ELIGIBILITY
Only legal residents of India are eligible to create a One ID account and use the One ID Service.
The One ID Service is 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 One ID Service.
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 One ID Service only if you have the consent of your parent or guardian, including consent to these General Terms.
REGISTRATION
An individual who wishes to use the One ID Service shall be allowed to apply for registration to the One ID Service using the method prescribed by Honda after agreeing to comply with these General Terms. He/she shall accurately enter or declare their most recent information in accordance with the entry of profile data, age verification, and other registration procedures requested by Honda.
The application of such individual (a “Registration Applicant”) will be evaluated by Honda at its sole discretion. Once Honda has approved the registration of the Registration Applicant, the Registration Applicant’s registration as a User shall be completed.
By applying for registration to the One ID Service, the Registration Applicant shall be deemed to represent and warrant that he/she meets the eligibility requirements for registration set forth in these General Terms.
When the registration specified in Section 2.2 above has been completed, an agreement for the use of the One ID, which consists of all terms of these General Terms (the “Agreement”), will be established between Honda and the User, and the User shall become able to use the One ID Service in accordance with these General Terms.
If the Registration Applicant meets any of the conditions listed below at any time, Honda may reject the Registration Applicant’s registration, as well as re-registration. Additionally, Honda is not obligated to disclose the reason behind its decision and Honda bears no responsibility for any damages or losses caused to the Registration Applicant that have resulted from Honda’s rejection of the Registration Applicant’s registration or re-registration.
If the Registration Applicant had applied for registration without using Honda’s prescribed method.
If the Registration Applicant is a minor, an adult ward, a person under curatorship, or a person under limited guardianship, and the Registration Applicant did not acquire the consent of a legal representative, legal guardian, curator, or limited guardian to agree to these General Terms.
If the Registration Applicant is, or is involved with, any Anti-Social Forces. “Anti-Social Forces” refer to organized criminal organizations and their members who make demands using violence, intimidation, slander and/or defamation, either as themselves or using a third party. This includes organized crime groups, terrorist organizations; political extremist organizations; extortionist and racketeering organizations; organizations engaging in criminal activities under the pretext of conducting social or political campaigns, organizations specialized in intellectual crimes; any other organizations similar to the foregoing; and members, associate members and affiliated companies of any of the foregoing. This also applies if Honda determines that the Registration Applicant is interacting with or participating with the Anti-Social Forces in any way, such as being involved with the maintenance or operations of said Anti-Social Forces through the provision of funds or otherwise, or working in cooperation with the management of the Anti-Social Forces.
If Honda determines that the Registration Applicant is an individual who has breached an agreement with Honda in the past, or is an individual connected with such Registration Applicant.
If the profile data entered by the Registration Applicant includes, in part or in full, false, inaccurate or outdated information.
If Honda deems it otherwise inappropriate to register the Registration Applicant as a User.
FEES AND PAYMENT
Where any fees are applicable to any One ID Service, Honda or its group companies, you will be separately provided with and required to agree to a set of applicable fees and payment terms. If you agree to the same, you are obliged to make payments in accordance therewith.
USER RESPONSIBILITY
You shall use the One ID Service responsibly and shall be fully liable for every action you have performed while using the same, as well as all results thereof, including any activity that occurs via your account even if that activity is not by you or is without your knowledge or consent.
You may not share your account information (except with an account administrator authorized by Honda), whether intentionally or unintentionally or use another person’s account. You are responsible for maintaining the security and control of your One ID account and the passwords associated therewith. We may require you to enable multi-factor authentication and provide a phone number or an alternate e-mail for information security purposes. We assume no responsibility for any loss that you may sustain due to a compromise of your account login credentials, or your failure to follow or act on any notices or alerts that we may send to your e-mail address or telephone number. You are responsible for keeping your e-mail address and telephone number up to date to receive any notices or alerts from us, and you are also responsible for carefully reviewing any messages purporting to be from Honda to ensure they are legitimate. We assume no responsibility if you are unable to access your One ID account because you cannot provide the appropriate login credentials.
If you suspect that your One ID account or any of your security details have been compromised, you must immediately contact Honda Customer Care tell 1800-103-3434.
You are responsible for keeping your account active, which may include signing in periodically, to avoid disruption or loss of access to the One ID Service. If you do not sign into your account periodically, we reserve the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any data stored in your account upon closure. Prior to closing your account for inactivity, we will attempt to provide notice to you.
If there are cases that arise from your misuse of the One ID Service, including cases in which Honda receives formal complaints from third parties due to such misuse, and such misuse results in Honda incurring damages or losses in any way, including legal expenses, you must immediately compensate such damages or losses to Honda in accordance with any claims or billings sent from Honda.
If there is any change in the information registered in connection with the One ID Service, you must promptly update the same in accordance with the steps prescribed by Honda.
PROHIBITIONS
You agree that you may not and agree not to:
reproduce, download, distribute, upload, transmit, display, sell, rent, lease, create derivative works of, or otherwise use or exploit all or a part of any application software, platform, user interface, data or other contents provided as part of the One ID Service (or their derivative works) (collectively, the “Contents”) other than expressly permitted under these General Terms;
provide us with false or incorrect information in connection with the One ID Service (including, but not limited to, using a third party’s user name, password, account information, name or other attributes);
disclose, transfer or lend your accounts (including, but not limited to, your ID and password associated therewith) to a third party or otherwise allow a third party to use the accounts;
use the One ID Service in connection with any other product or service that you do not have an appropriate title or right;
move, decompile, reverse-engineer or disassemble the Contents, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Contents;
bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the One ID Service or Contents;
access, monitor or copy any element of the One ID Service or Contents using automated means (including, but not limited to, a robot, spider or scraper);
destroy, obstruct, tamper with or alter any system, data or network related to the One ID Service; transmit to us, store on any system related to the One ID Service, or activate, any data containing computer viruses or other harmful computer programs; or otherwise cause loss to us;
damage, disable, overburden or impair the One ID Service or any network, hardware, platform, channel, interface or other environment through which the One ID Service is provided;
infringe any third party rights or misappropriate any confidential or proprietary information of a third party; or
use the One ID Service in any unlawful or improper manner, for any unlawful or improper purpose, or in any manner inconsistent with these General Terms or applicable laws and regulations.
PRIVACY
We may collect information from you regarding use of the One ID Service, 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.
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 General Terms.
SUSPENSION AND TERMINATION
You may cancel your subscription to the One ID Service and terminate your use of the One ID Service at any time by following the deregistration process separately established and notified to you by us. Cancellation or termination of your One ID account does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to, any early cancellation fees (if applicable).
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 One ID Service at any time if: (i) we believe that you violate any of these General Terms, you falls under any of Sections 2.5.1 through 2.5.6, or your subscription to the One ID Service 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).
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 One ID Service, upon 30 days following our dispatch of a notice to you in accordance with Section 12.2 or our posting on the website associated with the One ID Service.
When you cancel your subscription to the One ID Service, or we terminate your use of the One ID Service, in accordance with this Section 7, all agreements relating to the One ID Service formed between Honda and you are immediately terminated. Upon such cancellation or termination, you must immediately cease using the One ID Service and destroy or delete all copies of the Contents from any of your devices. Our rights, your obligations, and any provisions herein which by their nature are intended to survive, including, but not limited to, Sections 8 through 12 shall survive such cancellation or termination.
NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ONE ID SERVICE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTION OF THE ONE ID SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE ONE ID SERVICE. HONDA AND ITS GROUP COMPANIES (COLLECTIVELY, THE “HONDA GROUP COMPANIES”) DO NOT REPRESENT OR WARRANT THAT THE ONE ID SERVICE WILL NOT CONTAIN ERRORS. HONDA GROUP COMPANIES DO NOT REPRESENT OR WARRANT THAT THE ONE ID SERVICE 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 ONE ID SERVICE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE ONE ID SERVICE OR AGAINST INFRINGEMENT.
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 One ID Service to you, or affect the quality of the One ID Service.
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 ONE ID SERVICE, 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 ONE ID SERVICE (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 One ID Service, including, but not limited to, property damage, personal injury or death.
GOVERNING LAW AND JURISDICTION
The Agreement and all service use contracts 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.
The Courts at Gurugram, Haryana shall be the exclusive court with jurisdictional control over all disputes between you and Honda that arise from or are related to the Agreement or contracts for use of the One ID Service.
MISCELLANEOUS
Customer Support: Honda Customer Care is available to address most concerns that you may have regarding the One ID Service. Contact Honda Customer Care tell 1800-103-3434 E-mail customercare@honda.hmsi.in.
Notice: We may notify you via your e-mail or postal address associated with your account, postings within the One ID account, 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 12.2.
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.
Severability: If any provision of these General Terms is held unlawful, invalid or unenforceable for any reason, the remainder of these General Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
English Version: The English version of these General Terms will be the version used when interpreting or construing these General Terms.
Terms for Individual Service or Software: These General Terms set out terms and conditions generally applicable to your use of the One ID Service. Honda or its group companies may set out additional terms and conditions applicable to individual products, services, application software, platforms and other user interfaces made available through a One ID account. To use such individual products, services, application software, platforms and other user interfaces, you must agree to those terms and conditions in the manner set forth therein. Such terms and conditions are incorporated into these General Terms by reference, and any breach of such terms and conditions shall be deemed to be a breach of these General Terms.
Entire Agreement: These General 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 General 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.