TERMS OF SERVICE
This Terms of Service [hereinafter, the "Terms"] is a legally binding agreement between Tata Motors Limited, a Company registered under the Companies Act, 1913 and having its registered office at Bombay House, 24, Homi Mody Street, Mumbai – 400001 [hereinafter, "TML"], that has developed and maintained the Website [defined herein below], and You [hereinafter referred to as,"You", "Your"], the Visitor [defined herein below] or the User [defined herein below] or theRegistered Scrapper [defined herein below], as the case may be, of the Website and/or the Services [defined herein below]. This Terms shall govern your use of the Website and the Services, therefore, please read and understand the Terms of Service before you access the services, view, or use the Website.
- ACCEPTANCE
By accessing, browsing, viewing, or using, the Website and/or the Services you voluntarily and unconditionally accept to and agree to be bound by this Terms of Service. If you are not agreeable to this Terms of Service, then you shall not access, browse, view, or use the Website and/or the Services, and if you are accessing, browsing, viewing, or using, the Website, then you shall desist from such accessing, browsing, viewing, or using, the Website and/or the Services.
You must be of a legal age required to enter into a contract under the Applicable Law [defined below], to accept and be bound by this Terms of Service, therefore, if you are not of such legal age, then you shall not access, browse, view, or use the Website and/or the Services.
- DEFINITIONS
"Applicable Law" means all applicable: statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines or policies of the territory of India, administrative interpretation, directions, directives, judgement, arbitral award, decree, orders or Governmental Approvals of, or agreements with, any Governmental Authority and international treaties, conventions and protocols; as may be in force from time to time.
"Registered Scrapper" shall mean a person, firm, society, trust or TML owning and operating a Registered Vehicle Scrapping Facility as per the Applicable Law including the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021(G.S.R 653 (E)) and has entered into an agreement with TML agreeing to provide scrapping services to the Users through this Website.
"Website" shall mean the Website available at the URL rewire.tatamotors.com, including any of its sub-domains.
"User" shall mean any natural or artificial person, entity, partnership firm, or association of persons; including any person authorised to act on their behalf, registered on the Website, and has been provided with valid login credentials, and does not include a Registered Scrapper.
"Services" shall mean the services offered through the Website and as illustrated under Section 3 herein below.
"User Information" shall include any and all information provided by a User on the Website, including but not limited to, name, phone numbers, addresses, email addresses, age, date of birth and any other information, whether personally identifiable or otherwise.
"Vehicle Information" shall mean any vehicle related information of a User including make, model, registration number, age, brand, insurance, etc.
"Visitor" shall mean any person who accesses, browses, views, or uses the Website, and does not include the Registered Scrapper.
- SERVICES
The Website informs the User of an indicative / approximate value of such User’s vehicle, and connects the User seeking to sell their vehicle for scrapping with a Registered Scrapper.
- ACCESS TO SERVICES AND GENERAL TERMS
The Services are offered for free of charge, and TML does not receive any commission,remuneration, or monetary incentive, for the Services rendered through the Website. You may choose not to avail these Services.
The Services are available only to a User, and are meant to be used only by the User.
Visitor may be permitted only to view the general information available on the Website, and may not be granted with access to the Services unless they are registered with the Website and become a User.
Only such User who has expressed interest to be connected with a Registered Scrapper may be connected with a Registered Scrapper. The T&C for availing Services of the Registered Scrapper will be applicable to the User.
The Registered Scrapper assigned to the User may directly or through their agent or representatives inspect the vehicle of such User, provide the User with the sale value for such vehicle, and intimate further procedure relating to the sale of such vehicle for scrapping.
- INFORMATION HANDLING AND RETENTION
The Website and/or TML may collect, store, use, or manage, User information and Vehicle, for the purpose of rendering the Services and for such other purpose.
The User Information and the Vehicle Information, may be used to: (i) render Services; (ii) customize and/or improve, the Website, interface and User experience, and add such other additional features; (iii) generate Website usage report; (iv) create anonymized information for data analytics, business intelligence and such other purposes; (v) provide the User with advertisements, marketing and promotional materials; and (vi) to develop business/ aartificial intelligence.
User Information and Vehicle Information of the User who has sold their vehicle to the Registered Scrapper connected with them through the Website, may be used by TML for providing with advertisements, marketing and promotional offers and materials.
The privacy policy of TML available at rewire.tatamotors.com, governs the procedure and practices adopted in respect of collection, use, sharing, and protection of the personally identifiable User Information and Vehicle Information.
Privacy Policy shall be deemed to be an integral part of this Terms. To the extent the terms of such privacy policy is contrary to this Terms of Service, the terms of this Terms of Service shall prevail.
TML may use the data-mined or de-identified information for marketing, advertising,research or similar purposes.
- REGISTERED SCRAPPER
Registered Scrapper’s access and use of the Website shall be governed by the terms of the agreement as may be entered between TML and the Registered Scrapper, pursuant to which the Registered Scrapper has been onboarded on to the Website.
The terms and conditions stipulated herein, as much as applicable and not contrary to such agreement entered between TML and Registered Scrapper, shall be applicable to the Registered Scrapper.
- INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in the Website, name, logo, symbol, words, Website’s contents, trade-secrets, algorithm, underlying technology, software, computer program, user interface design, object code, source code, business method, operational method, documentation, mined or de-identified information, and other information not provided by You, including reports, projections and such other material generated by the Website, present and future, shall vest with TML.
Your access or use of the Website or the Services does not transfer to You any title in the intellectual property in the Website, underlying technology, the algorithm, object code, source code, software, business method. You acknowledge that the access to the Website or the Services granted under this Terms only provides You with a right of limited use under this Terms. TML reserves all rights not expressly granted to You in this Terms.
- LINK TO THIRD-PARTY APPLICATIONS OR WEBSITES
The Website may consist of links to third-party website(s) or application(s), and the User’s usage of such website(s) or application(s) is not governed by this Terms. The Website does not have control over services offered by such third-party application(s) or website(s). The User’s usage of such website(s) or application(s) may be governed by the terms and conditions of the respective website(s) or application(s). Links to third-party website(s) or application(s) are provided for convenience only and do not imply any approval or endorsement by TML of the linked site(s) or application(s), even if they may contain TML’s logo, as such sites are beyond TML’s control. Thus, TML cannot be held responsible for the content of any linked site or any link contained therein.
- DISCLAIMERS, COVENANTS, WARRANTY AND EXCLUSION OF WARRANTY
You agree that the indicative / approximate value provided for a User’s vehicle is based on the Vehicle Information provided by the User, and the same may not necessarily be accurate value of such vehicle.
You agree that the indicative / approximate value provided for a User’s vehicle is only for informational purpose to enable such User decide on availing the service of a Registered Scrapper, and therefore, neither TML nor the Website is liable for change in the value of the vehicle.
You acknowledge that the Registered Scrapper is a third-party to TML and therefore, TML cannot be held liable for the actions and inactions of the Registered Scrapper.
You acknowledge and accept that TML and the Registered Scrapper are independent entities and the nature of relationship between TML and the Registered Scrapper is on a principal-to-principal basis, and therefore, TML is not liable for the actions and inactions of the Registered Scrapper.
You agree that TML merely connects the Registered Scrapper with You, and that the sale transaction of the vehicle for scrapping is solely between You and the Registered Scrapper, and therefore TML is not liable for the sale transaction or any dispute that arise from such sale transaction.
You agree and consent that TML shall be sharing User Information and Vehicle Information with the Registered Scrapper so as to enable the Registered Scrapper to provide You the Services.
TML disclaims any liability that arises from your transaction with the Registered Scrapper.
If You are a User, You covenant and warrant to TML that the vehicle sought to sold and scrapped by You is a vehicle that may be offered for scrapping as per the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.
If You are a User, You covenant and warrant that you own the vehicle or have legal authority, to offer to sell or sell the vehicle for scrapping as per the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.
If You are a User, You covenant and warrant that the vehicle you offer to sell for scrapping is free from any and all encumbrances.
You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of the Website by any third party.
TML reserves the right to refuse access to the Website and/or Services to any person at any time at TML’s sole discretion and without assigning any reason.
TML reserves the right to remove, alter, or modify the Website and/or Services at any time and for any reason.
TML may need to interrupt Your access to the Website and/or the Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website and/or the Services may be affected by unanticipated or unscheduled downtime, for any reason, but that TML shall have no liability for any damage or loss caused as a result of such downtime.
You represent and warrant to TML that: (i) all sign up and registration information You submit is accurate and truthful; (ii) You will maintain the accuracy of such information; and (iii) You also certify that You take full responsibility for the selection and use of, and access to, the Website and/or the Services.
You acknowledge and agree that Your access or usage of the Website and/or the Services do not violate this Terms and, as a result, You, and not TML, assume all risks associated with Your usage or access of the Website and/or the Services.
Although the Website uses a comprehensive set of tools to protect it from malicious use, TML does not guarantee that the Website will be secure or free from bugs or malware.
You acknowledge and agree that You are responsible for configuring Your information technology, computer programme and equipment in order to access the Website and You will use Your own malware protection software.
You agree and covenant that You will not misuse the Website by knowingly introducing malware including viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. TML reserves the right to report any such breach to the relevant law enforcement authorities, and TML shall be entitled to co-operate with such law enforcement authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
You acknowledge and accept that TML shall not be liable for any loss or damage caused by a distributed denial-of-service attack, malware or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any content on it, or on any Website linked to it.
TML makes no representations, warranties or guarantees, whether express or implied,that the content on the Website is accurate, complete or up to date.
TML expressly disclaim any liability for the consequences to you arising because of Your use of the Website and/or the Services.
TML does not warrant and does not certify the authenticity of the Registered Scrapper’s credentials and/or licenses to scrap vehicles and the quality of the services provided by the Registered Scrapper.
Your use of this Website is at your sole risk. The site is provided on an "as is" and "as available" basis. While TML makes every reasonable effort to ensure that information contained within is correct, information may be incomplete, inaccurate or may have become out of date and cannot be expressly or impliedly guaranteed or warranted. We reserve the right to restrict or terminate Your access to the Website or any feature or part thereof at any time. You acknowledge and agree that the Website and all the materials contained in TML’s website including historical information are provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between You and TML. No information provided on the Website shall be considered a substitute for Your independent investigation; that neither this Website nor any "materials" are intended to constitute, and do not constitute, the practice or furnishing of professional advice, consultation, and/or services. In jurisdictions not allowing the exclusion or limitation of certain warranties, our holding, TML subsidiaries, affiliates, licensors and suppliers liability will be limited to the extent permitted by law.
The information provided on the Website may be related to products or services that are not available in your country. Where such information relates to indications of future trends, events or circumstances, the fact is usually indicated by use of terms such as "expect", "plan", "intend", or such like. As future developments are subject to varying and frequently unforeseeable factors, no guarantee can be given as to the accuracy of statements made relating to such future trends, events or circumstances. We caution the Users that no forward looking statement is a guarantee of future performance and that the actual results could differ materially from those contained in the forward looking statements. TML shall update any such statements at its own discretion. You are responsible for regularly reviewing these terms. Any information, economic data, rates, indices, prices, news, general market-related information etc. made available on the Website is provided solely as a source of information for Users on the Website, and does not represent investment advice or any other form of recommendation. No information on the Website shall constitute an invitation to invest in TML or any of its affiliates where the Websites present recommendations from analysts.
You acknowledge and agree that in no event will we and/or our holding, TML subsidiaries, affiliates, or third party content providers, licensors and/or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use the Website or any "materials" (whether based on contract, tort, negligence, strict liability or otherwise,and even if we and/or our subsidiaries, affiliates, licensors and/or suppliers has or have been advised of a possibility of damages); and that if you are dissatisfied with, or claim any damages relating to, any portion of the Website, any "materials" or this agreement, your sole and exclusive remedy is to discontinue using the Website and all "materials". In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, our and our holding, TML subsidiaries, affiliates, licensors and suppliers liability will be limited to the extent permitted by law.
- TERMINATION
Your access to the Website and/or the Services may be terminated for any of the following reasons:
Violation of this Terms of Services.
Violation of legally enforceable rights of any third-party by usage of the Website or Services by You.
To comply with any order issued or proposed to be issued by any governmental agency
To comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or
If performance of any term of this Terms of Service by either Party would cause it to be in violation of law.
Company determines in its sole discretion that access to or use of the Website or Services by You may jeopardize the Website or Services or the confidentiality, privacy, security, integrity or availability of information within the Website.
Any person is or may be making unauthorized use of the Website with any login credential assigned to You.
- INDEMNIFICATION
You agree to indemnify, defend and hold TML and its affiliates, partners, agents and each of their officers, directors, employees, contractors, agents, licensee and other associated individuals harmless from and against all damages, loss, claims, liabilities, fines, expense and costs of whatever kind of nature, including, without limitation, attorneys’ fees and litigation costs arising out of (a) Your use of the Website; (b) Your use of the Services; (c) any breach by You of any representations, warranties or agreements contained in these Terms; (d) Your breach of any terms; or (e) Your use of any information.
- CHANGE TO THE TERMS OF SERVICE
TML reserves the right to change this Terms under which the Website and/or the Services are offered at any time and without notice. You will be automatically bound by these modifications when you use the Website, and should periodically voluntarily check and read this Terms.
- DISPUTE RESOLUTION AND GOVERNING LAWS
This Terms shall be governed by the laws in force in the State of Maharashtra and Republic of India along with any and all amendments made from time to time.
The Courts in Mumbai will have exclusive jurisdiction to try and adjudicate any dispute arising under or in relation to this Terms, including adjudication for grant of injunctory reliefs.
- SEVERABILITY
If any provision of this Terms is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Terms will not fail on account thereof and the balance of the Terms will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent.
- WAIVER
In the event that TML fails to enforce any provision of this Terms, the same shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Terms will not constitute a waiver of any other part or sub-part.
- FORCE MAJEURE
TML is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemic, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- GRIEVANCE
For any grievance please contact at:
Tata Motors Ltd
4th Floor Ahura Center, 82 Mahakali Caves Road
Andheri (E), Mumbai 400093
Email: rewiresupport@tatamotors.com