Terms of Service
“Honda RoadSync” Terms of Service
These “Honda RoadSync” Terms of Service (these “Terms”) set out the terms of the use of the Services that Honda Motorcycle and Scooter India Pvt. Ltd. a Company incorporated under the Indian Companies Act, 1956 and having its Registered Office at Commercial Complex II, Sector 49-50, Golf Course Extension Road, Gurugram 122018 (“Honda,” “we,” “us,” or “our”) provides, as between you and us. In these Terms, the “Services” means products and services that we provide under the name “Honda RoadSync,” through the Internet or mobile networks, including, but not limited to, the application software associated therewith (the “Software”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HONDA REGARDING THE PROVISION AND THE USE OF THE SERVICES. BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING ANY ASPECT OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND ARE BECOMING A PARTY TO THE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
We may amend these Terms. Any such amendment will be effective 30 days following either our dispatch of a notice to you or our posting of the amendment on the website associated with the Services. If you do not agree to any change to these Terms, you must discontinue using the Services. Your continued use of the Service after any such amendments to these Terms shall be deemed to be acceptance of any such amendments.
1. USER ELIGIBILITY
1.1 Only legal residents of India. The Services are provided to individuals for their personal and non-commercial use only.
1.2 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.
1.3 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.
2. USE OF THE SERVICE
2.1 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.
2.2 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 may find that actual conditions differ from the Contents. You must acknowledge that the Contents are not intended to replace the information provided on the road, 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 good judgment. You are responsible at all times for your conduct and its consequences.
2.3 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 and shall not operate your mobile device while you are riding because insufficient attention to the road and traffic may cause an accident. We highly recommend that while you use the Services you always remain aware of the traffic situation around. The volume always remain at an optimum level and does affect or completely shuts you off from outside road connectivity.
2.4 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.
2.5 To use the Services, you may need a vehicle equipped with devices (Bluetooth, etc.) for Honda RoadSync, a mobile device (smartphones, tablets, etc.), a mobile accessory (headsets, earphones, microphones, etc.), and data carrier coverage (collectively, “Other Services”). When you use Other Services, you must comply with the terms of the applicable Other Services. You are solely 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. Some Other Services may not be compatible with the Services at your own risk and responsibility. We shall not be liable for any damages or trouble in the use of Other Services.
2.6 Any notices we deliver to you may be made as follows: (i) by email to the last e-mail address provided by you, or (ii) by posting a notice on the website associated with the Services. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us.
3. LICENSE AND OWNERSHIP
3.1 Subject to these Terms, we hereby grant to you a non-exclusive, limited, non-transferrable, non-sub licensable, revocable license to use the Services and the Contents, and download, install and use the Software, solely for personal and non-profit purposes. This license does not include a license to reproduce, modify, or distribute the Software.
3.2 The Software may contain a feature that allows us to remotely disable the Software, for instance to ensure that you do not use the Software longer than the term of your license to use the Software. 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. The disabling of the Software is a key feature of the license rights and responsibilities conveyed under these Terms.
3.3 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 intellectual property laws and treaties. We grant no other rights, express or implied, to you.
4. PROHIBITIONS
You agree that as a condition of your license, you may not and agree not to:
(i) reproduce, download, distribute, upload, display, sell, rent, lease, create derivative works, or otherwise use or exploit all or part of the Services, the Content or the Software other than expressly permitted under these Terms;
(ii) 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);
(iii) 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;
(iv) move, decompile, reverse-engineer, disassemble the Software, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Services;
(v) bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services;
(vi) access, monitor or copy any element of the Services using automated means (including, but not limited to, a robot, spider, or scraper);
(vii) 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;
(viii) damage, disable, overburden or impair the Services; or
(ix) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
5. 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 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.
6. PRIVACY
We may collect information from you regarding use of the Services, which may include personal information only for the purpose of improvement of services. 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/voice-control-system/legal/IN/privacy.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
7. SUSPENSION AND TERMINATION
7.1 You may, at any time, cease to use the Services based on the process designated by us.
7.2 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; (ii) we are required to do so under law, rule, regulation or other government authorities; (iii) any unexpected technical issues or problems occur; or (iv) circumstances arise that are reasonably beyond our control (including, but not limited to, earthquake, flood, or other natural disasters, catastrophe, labor dispute, civil disruption, war, or amendment of law or regulation).
7.3 We may, for any reason what so ever, in our sole discretion and without any liability to you, restrict, suspend or terminate your use of all or a part of the Services, upon 30 days.
7.4 Following either our dispatch of a notice to you or our posting on the website associated with the Services.
7.5 When we terminate your use of the Services pursuant to Section 7.2 and 7.3, the agreement based on these Terms and formed between Honda and you is 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. Our rights and your obligations will survive the termination.
8. NO WARRANTIES
8.1 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. OTHERWISE, 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.
8.2 You hereby acknowledge and agree that some 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.
9. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE HONDA GROUP COMPANIES BE LIABLE FOR ANY UNAUTHORISED OR ILLEGAL USE OF SERVICES, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM 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 RELATED TO THE SERVICES (WHETHER BASED ON CONTRACT, GUARANTEE, OR TORT LIABILITY, OR ANY OTHER LEGAL GROUND) EXCEED TWENTY FIVE UNITED STATES DOLLARS ($ 25).
10. INDEMNIFICATIONS
You will 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 your use of the Services or vehicles, including, but not limited to, property damage, personal injury, or death.
11. GENERAL
11.1 These Terms are governed by the laws of India
11.2 Any dispute between you and Honda regarding these Terms will be subject to the exclusive jurisdiction of Indian of State of Purchase Jurisdiction as its first instance.
11.3 If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11.4 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.